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KING COUNTY, WA _
CITY OF RENTON COV 33.00
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c Document Title(s)
Declaration of Protective Covenants, Conditions &
Restrictions of Liberty Ridge (formerly known as La Colina)
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Reference Numbers(s) of related documents
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CV_ Additional Reference N's on page_
Grantor(s) (Last,First and Middle Initial)
La Pianta Limited Partnership,
a Washington limited partnership
Gary Merlino Construction Co., Inc.,
a Washington corporation Additional grantors on page_
Grantees) (Last,First and Middle Initial)
La Colina
Additional grantees on page_
Legal Description (abbreviated form:i.e.lot,block,plat or section,township,range,quarter/quarter)
Lots 1 through 138 and Tracts A through P of La Colina
Additional legal is on page 1
Assessor's Property Tax Parcel/Account Number 172305-9003-07
172305-9025-01 172305-9109-00 162305-9072-04
Additional parcel M's on page
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the
accuracy or completeness of the indexing information provided herein.
a • ` R j '
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
EASEMENTS &RESTRICTIONS OF LIBERTY RIDGE
(formerly known as La Colina)
The undersigned (the "Declarants") are the owners in fee simple of the following real
property(the"Real Property",which property is herein called"Liberty Ridge"):
Lots 1 through 138 and Tracts A through P of La Colina, as per plat
recorded in Volume 1Q3 of Plats, Pages 1'7 through 2.9 , Records
of King County, Washington.
Subject to easements, covenants, conditions, and restrictions of record.
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Situate in the City of Renton, County of King, State of Washington.
(.' The Declarants hereby covenant, agree and dedare that all of the Real Property and
o Housing Units constructed on the Real Property are and will be held, sold and conveyed subject
to this Declaration, which is made for the purpose of enhancing and protecting the value,
desirability and attractiveness of the Real Property for the benefit of all of the Real Property and
o the owners thereof. The covenants, restrictions, reservations and conditions contained in this
`' Declaration shall run with the land as easements and equitable servitudes, and shall be binding
upon the Real Property and each portion thereof and all persons owning, purchasing, leasing,
subleasing or occupying any Lot on the Real Property, and upon their respective heirs,
successors and assigns. This Declaration and its exhibits consists of 25 pages, including the
title pages, but not including the Auditor's Cover page preceding this page.
LA PIANTA LIMITED PARTNERSHIP, GARY MERLINO CONSTRUCTION CO., INC. A
Washington corporation
By: Metro Land Development, Inc.,
Its General Partner
By By f/S26
M.A. Segale, Pr sident Donald J. no, President
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE - 1
La Colina CCR's 1-27-2000(F.1)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that M. A. Segale is the person who
appeared before me, and said person acknowledged that he was authorized to execute the
instrument and acknowledged it as the president of Metro Land Development, Inc., a
Washington corporation, the managing general partner of the La Pianta Limited Partnership,
to be the free and voluntary act of such party for the uses and purposes mentioned in this
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COUNTY OF KING )
I certify that I know or have satisfactory evidence that Donald J. Merlino is the person
who appeared before me, and said person acknowledged that he was authorized to execute the
instrument and acknowledged it as a President of Gary Merlino Construction Co., Inc. to be
the free and voluntary act of such party for the uses and purposes mentioned in this instrument.
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DATED: 2`7 January 2000
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DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE- 2
La Colina CCR's 1-27-2000(F.1)
TABLE OF CONTENTS
Page
ARTICLE ONE Definitions – 5
ARTICLE TWO Phased Development–Additional Real Property 7
Section One: Adjacent Real Property 7
Section Two: Rights in Adjacent Real Property–Common Areas 7
Section Three: Method of Adding Adjacent Real Property 7
ARTICLE THREE Management of Common Areas and Enforcement of Declaration 8
Section One: Development Period--- 8
Section Two: Purpose of Development Period 8
Section Three: Authority of Association After Development Period 8
Section Four Delegation of Authority 8
ARTICLE FOUR Membership 8
ARTICLE FIVE Voting Rights— 9
ARTICLE SIX Property Rights in Common Areas 9
o ARTICLE SEVEN Maintenance and Common Expenses 9
Section One: Standard of Maintenance-Common Areas 9
Section Two: Standard of Maintenance-Lots ------- 9
CM)
N Section Three: Remedies for Failure to Maintain 9
Section Four: Common Expenses-- ------ 10
ARTICLE EIGHT Assessments ------- – 11
Section One: Types of Assessments - ---- 11
Section Two: Determination of Amount- ---------- 11
c Section Three: Certificate of Payment 11
Section Four. Special Assessment 11
Section Five: Assessments-Adjacent Real Property-------- --- - 11
Section Six: Fines Treated as Special Assessments -------- 11
ARTICLE NINE Collection of Assessments-------- 12
Section One: Lien-Personal Obligation------ 12
Section Two: Delinquency 12
Section Three: Suspension of Voting Rights 12
Section Four. Commencement of Assessments--- 12
Section Five: Enforcement of Assessments 13
ARTICLE TEN Building, Use and Architectural Restrictions 13
Section One: Development Period----- 13
Section Two: Authority of ACC After Development 13
Section Three: Delegation of Authority of ACC 13
Section Four. Appointment of ACC 13
Section Five: Approval by ACC Required-- 13
Section Six: Temporary Structures Prohibited -------15
Section Seven: Nuisances --------15
Section Eight: Limitation on Animals - 15
Section Nine: Limitation on Signs- ------- ------ 15
Section Ten: Completion of Construction Projects 15
Section Eleven: Unsightly Conditions- -- 16
Section Twelve: Antennas, Satellite Reception 16
Section Thirteen: Setbacks----- -- 16
Section Fourteen: Roofs– 16
Section Fifteen: Fences,Walls 16
Section Sixteen: Residential Use Only: Home Businesses Limited 16
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE- 3
La Colina CCR's 1-27-2000(F.1)
•
Section Seventeen: Underground Utilities Required- 17
Section Eighteen: Limitation on Storage of Vehicles-Temporary Permits for RVs17
Section Nineteen: Enforcement 18
ARTICLE ELEVEN Easements- 18
Section One: Easements on Exterior Lot Lines 18
Section Two: Association's Easement of Access 18
Section Three: Easement for Developer, Builder and Declarants Across Common Areas 18
ARTICLE TWELVE Mortgage Protection 19
Section One: Mortgagees- 19
Section Two: Liability Limited- -- 19
c•.3 Section Three: Mortgagee's Rights During Foreclosure 19
o Section Four Acquisition of Lot by Mortgagee ----------- 19
Section Five: Reallocation of Unpaid Assessment 19
Section Six: Subordination 19
Section Seven: Mortgagee's Rights 19
Section Eight: Limitation on Abandonment of Common Areas- 20
Section Nine: Notice 20
ARTICLE THIRTEEN Management Contracts- 20
ARTICLE FOURTEEN Insurance--- 20
CD Section One: Coverage---- 20
CD Section Two: Replacement, Repair After Loss--- ------ 20
ARTICLE FIFTEEN Rules and Regulations 21
ARTICLE SIXTEEN Remedies and Waiver 21
Section One: Remedies Not Limited - 21
Section Two: No Waiver----- 21
ARTICLE SEVENTEEN General Provisions - 21
Section One: Singular and Plural 21
Section Two: Severability -- 22
Section Three: Duration - 22
Section Four: Attorney's Fees,Costs and Expenses - 22
Section Five: Method of Notice 22
Section Six: Enforcement of Declaration- 22
Section Seven: Successors and Assigns- 22
Section Eight: Exhibits- -- -- 22
ARTICLE EIGHTEEN Amendment and Revocation -- 22
Section One: Exclusive Method- — 22
Section Two: Amendment During the Development Period 22
Section Three: Voting — 23
Section Four: Effective Date --- 23
Section Five: Protection of Declarants, Developer and Builder 23
EXHIBITS
Exhibit A: Initial Fence Detail and Color Scheme
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE-4
La Colina CCR's 1-27-2000(F.1)
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
EASEMENTS &RESTRICTIONS FOR LIBERTY RIDGE
ARTICLE ONE: Definitions
For purposes of this Declaration, and of the Articles of Incorporation and Bylaws of the
Liberty Ridge Homeowners Association, certain words and phrases have particular meanings,
which are as follows:
1. "ACC" shall mean the Architectural Control Committee, as described in
Article Ten, Section Four.
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Cr, 2. "Adjacent Real Property"shall have the meaning set forth in Article Two, Section
c� One of this Declaration.
3. "Articles"shall mean the Association's articles of incorporation and any
C3 amendments thereto.
4. "Association" shall mean the homeowner's association formed as a nonprofit
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CD corporation for the purpose of administering this Declaration.
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5. "Board" or "Board of Directors" shall mean the Board of Directors of the
Association.
6. "Builder" shall mean any person or entity that either of the Declarants designate.
as a Builder as a part of the sale of Lots located on the Properties. Each of the Declarants may
designate more than one Builder.
7. "Bylaws" shall mean the Association's Bylaws and any amendments thereto.
8. "Common Areas" shall mean the property, both real and personal, in which the
Association has been granted an ownership interest, easement, lease or other right of control,
by written instrument or by delineation on the Plat (including without limitation Tracts A, B, C, D,
E, F, H, I, J, L, M, N and P). The Common Areas shall also include (a) the retaining wall located
on Lots 6, 7, 8 and 9 and on Tract N of the Plat, (b) the storm water drainage system located on
Lots 38 and 39 and on Tract E of the Plat, and (c) the storm water detention and water quality
vault, storm water pipes and related appurtenances located in an easement benefiting the Real
Property, which easement is located outside the Real Property on Lot 139 of the Plat. (Lot 139
is not subject to the terms of this Declaration.)
9. "Declaration" shall mean this Declaration of Protective Covenants, Conditions,
Easements and Restrictions, and any amendment(s)thereto.
10. "Developer" shall mean Gary Merlino Construction Co., Inc., or any persons or
entity to which it assigns all or a portion of its rights as Developer. To the extent that a portion of
the Developer's rights and responsibilities are assigned, the assignee may exercise the rights
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE- 5
La Colina CCR's 1-27-2000(F.1)
and perform such of the responsibilities as are described in the assignment.
11. "Development Period"shall mean the period of time from the date of recording of
this Declaration until 180 days after the date upon which 100% of the Lots have been improved
with construction of a single family home and sold (or any shorter period, as determined by the
Developer). If Adjacent Real Property is added to this Declaration prior to the end of the
Development Period as specified in the immediately preceding sentence, then the Development
Period shall be extended for all of the Properties from the date of recording of the final plat(s) of
all of the Adjacent Real Property until 180 days after the date on which 100% of the Lots in the
Properties (including the Adjacent Real Property made subject to this Declaration) have been
improved with construction of a single family home and sold (or any shorter period, as
determined by the Developer). A delegation of authority by the Developer or a Builder of any of
'the management duties described in this Declaration shall not terminate the Development
cr)Period.
0 12. "Housing Unit" shall mean the building occupying a Lot.
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C-3 13. "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and
j loan association or established mortgage company, or other entity chartered under federal or
state laws, any corporation or insurance company or state or federal agency which holds a first
cp mortgage or deed of trust against a Lot or Housing Unit thereon.
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14. "Lot" shall initially refer to one of the Lots specified as part of the Real Property
described herein. At such time as Adjacent Real Property is subjected to the Declaration, "Lot"
shall also include those lots shown on and included in the plat(s) of the Adjacent Real Property.
15. "Member" shall mean every person or entity that holds a membership in the
Association.
16. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other
portion of the Properties.
17. "Owner" shall mean the recorded owner of a Lot, whether one or more persons
or entities, but excluding those having such interest merely as security. A real estate contract
purchaser shall be deemed to be the Owner.
18. "Person" shall mean a natural person, a corporation, a partnership, a limited
liability company, trustee or other legal entity.
19. "Plat" shall mean the plat of La Colina, now known as Liberty Ridge, described
on page 1, above Exhibit A. The rights and responsibilities of the homeowners association
described on the face of the Plat are hereby incorporated in this Declaration.
20. "Properties" shall mean the Real Property, and shall include other real property if
and at such time as any other real property is subjected to the provisions of this Dedaration
pursuant to Article Two, be;ow.
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE -6
La Colina OCR's 1-27-2000(F.1)
•
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21. "Sale"or"Sold"shall mean the date upon which ownership of a Lot is transferred
from an Owner to another person or entity by recordation of an instrument of transfer such as a
deed or real estate contract. (For purposes of this Declaration, a "sale" (a) shall not require legal
consideration and (b) shall include all manners of transfers including without limitation those by
gift or by operation of law.)
ARTICLE TWO: Phased Development—Adjacent Real Property
Section One: Adjacent Real Property. Initially only the Real Property described in Exhibit
A shall be subjected to the Declaration. The Declarants reserve for each of themselves and
their respective successors or assigns, the right to (a) from time-to-time subject additional real
C=D' property owned by them to the terms and provisions of this Declaration and (b) grant to the
Op Owners of Lots located on such property, after it is subjected to this Declaration, all of the rights
and benefits to which members of the Association are entitled; provided, however, that (x) such
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cn additional real property must be adjacent to or contiguous with the Real Property (or adjacent to
or contiguous with additional real property that by then has already been subjected to this
c Declaration) and (y) at the time of the subjection the additional real property must be owned by a
person or entity that is a Declarant or a Declarant's successor or assignee of the right to subject
additional real property pursuant to this Section One. (Upon the subjection of additional real
property to the Declaration from time-to-time, all of such additional real property shall be referred
to as "Adjacent Real Property") The Owners of the Lots located on the Real Property hereby
covenant and agree to burden the Real Property and the Adjacent Real Property with all of the
duties, responsibilities, costs and expenses related to the management, administration,
maintenance and improvement of the Common Areas and such additional Common Areas
which are included in the Adjacent Real Property. Declarants also reserve for themselves and
their respective successors or assigns the right to develop adjacent real property without
subjecting it to the terms and provisions of the Declaration.
Section Two: Rights in Adjacent Real Property — Common Areas. Unless and until
additional real property shall be subjected to the Declaration, such property shall not be subject
to the terms and provisions of this Declaration. This Declaration shall not give the Association or
any of the Lot Owners any rights in any additional real property unless and until it is subjected to
the Declaration. At such time as additional real property shall be subjected to the terms and
provisions of this Declaration, such Adjacent Real Property shall become part of the Properties,
and Lot Owners in the Adjacent Real Property shall automatically become members of the
Association, and shall be entitled to all of the rights and benefits, and subject to all of the
obligations of the Members of the Association. All Common Areas in the Adjacent Real Property
shall likewise become property of the Association, and shall be managed, administered,
maintained and improved in the same manner as all Common Areas of the Association, and all
members shall be assessed for the costs of such Common Areas in the Adjacent Real Property
in the same manner as all other Common Areas of the Real Property, subject to Section Three
of this Article Two.
Section Three: Method of Adding Adjacent Real Property. Any such additional Adjacent
Real Property shall be deemed added hereto by the filing for record of an amendment to this
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE- 7
La Colina CCR's 1-27-2000(F.1)
Declaration so stating, executed by either (a) a Declarant that owns the additional real property
or (b) a Declarants successor or assignee (of the right to subject additional real property
pursuant to Section One of this Article Two) that owns the additional real property. An
amendment adding Adjacent Real Property may alter or limit the applicability of a portion of the
Declaration to the Adjacent Real Property.
ARTICLE THREE: Management of Common Areas and Enforcement of Declaration
Section One: Development Period. During the Development Period, the Association,
the ACC, and all Common Areas shall, for all purposes, be under the management and
administration of the Developer. During the Development Period, the Developer shall appoint all
directors of the Association, to serve at the Developer's discretion, and may appoint any persons
o the Developer chooses as directors. At the Developer's sole discretion, the Developer may
;Y-3 appoint members of the Association to such committees or positions in the Association as the
Developer deems appropriate, to serve at the Developer's discretion and may assign such
responsibilities, privileges and duties to those members as the Developer determines, for such
time as the Developer determines. Directors of the Association and members of the ACC
N appointed by the Developer during the Development Period may be dismissed at the
CD Developer's discretion.
o Section Two: Purpose of the Development Period. The Developer's control of the
Association during the Development Period is established in order to ensure that the Properties
and the Association will be adequately administered in the initial phases of development, to
ensure an orderly transition of Association operations, and to facilitate the Builder(s)' completion
of the construction of Housing Units.
Section Three: Authority of Association After the Development Period. Once the
management and administration authority of the Developer (or the Developer's successors or
assigns) has expired, the Association shall have the authority and obligation to manage and
administer the Common Areas and to enforce this Declaration. Such authority shall include all
authority provided for in the Association's Articles, Bylaws, rules and regulations and this
Declaration. The Association shall also have the authority and obligation to manage and
administer the activities of the ACC in its responsibilities described in Article Ten, Section Five
and described elsewhere in the Declaration.
Section Four: Delegation of Authority. The Board of Directors, the Builder(s), the
Developer or the Declarants may delegate any of their managerial duties, powers, or functions to
any person, firm, or corporation. The Board, the Builder(s), the Developer and the Declarants
shall not be liable for any breach of duty, negligence, omission, intentional act or improper
exercise by a person who is delegated any duty, power or function by the Board of Directors, the
Builder(s), the Developer or the Declarants.
ARTICLE FOUR: Membership
Every person or entity who is an Owner of any Lot agrees to be a Member of the
Association by acceptance of a deed (or other instrument signifying ownership) for such Lot, or
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE - 8
La Colina CCR's 1-27-2000(F.1)
•
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by joining in the creation of this Declaration. Membership may not be separated from ownership
of any Lot. All Members shall have rights and duties as specified in this Declaration and in the
Articles and Bylaws of the Association.
CD ARTICLE FIVE: Voting Rights
Members shall be entitled to one vote for each Lot owned. No more than one vote may
be cast with respect to any Lot. The voting rights of any Member may be suspended as
provided in the Declaration, or in the Articles or Bylaws of the Association. Members' votes may
be solicited and tabulated by means other than personal attendance at meetings, such as mail,
electronic mail or facsimile.
CD
ARTICLE SIX: Property Rights in Common Areas
The Association shall have the right and obligation to maintain improvements,
vegetation, signage and utilities in and on the Common Areas, subject to any restrictions
delineated on the Plat of the Real Property (and, if applicable, on the plat(s) of Adjacent Real
Property). The Association shall have the exclusive right to use and manage the Common
Areas in a manner consistent with the Plat(s), this Declaration, the Articles and the Bylaws of the
Association. During the Development Period, the Declarants, the Developer, the Builder(s) and
their respective designees shall have exclusive use of the Common Areas for the placement of
structures, signs and materials related to the construction and marketing of homes on the Real
Property, without compensation to the Association, provided that all such use shall be subject to
any restrictions delineated on the Plat of the Real Property (and, if applicable, on the plat(s) of
Adjacent Real Property).
ARTICLE SEVEN: Maintenance and Common Expenses
Section One: Standard of Maintenance - Common Areas. The Association shall
maintain the Common Areas in a manner consistent with good building and nursery practices
and in compliance with all applicable governmental codes and regulations and consistent with
the Plat of the Real Property(and, if applicable, the plat(s)of Adjacent Real Property).
Section Two: Standard of Maintenance - Lots. Each Lot Owner hereby covenants and
agrees to maintain his respective Lot and the Housing Unit located thereon in the same
condition as a reasonably prudent homeowner would maintain his own lot and home so that the
Real Property will reflect a high pride of ownership. Unless otherwise specified on the Plat, each
Lot Owner shall perform at that Lot Owner's expense the maintenance and upkeep of any
drainage swales and/or underground drain lines and catch basins installed on his Lot, except
such drain lines located within the "primary drainage easement" crossing Lots 38 and 39, which
shall be maintained by the Association.
Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct
maintenance on that Owner's Lot or the exterior of the Housing Unit located thereon, or fails to
maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably
prudent homeowner, or in a manner which preserves the drainage for other Lots, the
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE - 9
La Colina CCR's 1-27-2000(F.1)
Association shall notify that Lot Owner in writing of the maintenance required. If the
maintenance is not performed within thirty (30) days of the date notice is delivered, the
Association shall have the right to provide such maintenance, and to levy an assessment
against the non-performing Lot Owner and its Lot for the cost of providing the maintenance. The
assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and
may be collected and foreclosed in the same manner as any other delinquent monthly or special
assessment. The Association shall have all remedies for collection as provided in Article Nine of
the Declaration. In the event that emergency repairs are needed to correct a condition on a Lot
which poses a substantial risk of injury or significant property damage to others, the Association
may immediately perform such repairs as may be necessary after the Association has attempted
to.give notice to the Owner of that Lot of the repairs necessary. Such notice in emergency
circumstances shall be sufficient if attempted orally or in writing immediately prior to the
Association's undertaking the necessary repairs. Emergency repairs performed by the
Association, if not paid for by the Owner of that Lot, may be collected by the Association in the
C,4
manner provided for herein notwithstanding the failure of the Association to give that Owner the
otherwise—required thirty(30) day notice.
Section Four: Common Expenses. The Association shall perform such work as is
necessary to carry out the duties described in this Declaration, and shall delegate the
CD responsibility for management and supervision of such work to the Board, the ACC or to a
manager or agent hired by the Board for the purpose of such management and supervision.
Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and
cz-) shall be referred to as Common Expenses. The Common Expenses shall be paid by the
Q Association from funds collected from assessments paid by Lot Owners. The Common
Expenses shall include, but shall not be limited to, the following:
1. The real and personal property taxes levied upon the Association for the
Common Areas;
2. The cost of maintaining all (a) insurance coverage for the Common Areas
and (b) insurance coverage for and fidelity bonds on the directors and officers of the Association
and the ACC;
3. The cost of maintaining, repairing and replacing all Common Areas and
Common Area improvements, including, but not limited to: signs, lights, fences, retaining walls,
street signs, open space tracts (including slope management and protection), irrigation systems,
storm water drainage systems, storm water detention and retention systems and vaults,
plantings and landscaping (if not maintained by governmental jurisdiction(s)), and the cost of
providing power to all street lighting (if such lighting is not provided by a governmental
jurisdiction);
4. The cost of maintaining landscaped entries, street borders or parking
strips in which the Association holds an easement or has a fee interest, or for which the
Association is obligated to contribute to the cost of maintenance, based upon an agreement with
other land owners whose property is served by a common right of way that also serves the
Properties; and
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE - 10
La Colina CCR's 1-27-2000(F.1)
5. Any other expense which shall be designated as a Common Expense in
the Declaration, in its Exhibits, or from time to time by the Association or which is for satisfaction
of an obligation of the Association as set forth on the Plat.
ARTICLE EIGHT: Assessments
Section One: Types of Assessments. Each Lot shall be subject to monthly or annual
assessments or charges, and certain special assessments, in an amount to be determined by
the Developer during the Development Period and by the Association after the Development
Period.
Section Two: Determination of Amount. The Developer, during the Development
, Period, and the Board of Directors of the Association thereafter, shall determine the amount of
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assessments necessary to pay Common Expenses. The amount of assessments may be
increased or decreased periodically as may be necessary to provide for payment of the
Common Expenses. The amount of such assessments shall be equal for all Lots, except that
assessments on the Lots owned by any Declarant or sold to a Builder shall be limited as
provided in Article Nine, Section Four. The Association may create and maintain from
c' assessments a reserve fund for maintenance, repair and/or replacement of those Common
Areas and Common Area improvements that can reasonably be expected to require
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maintenance, repair and/or replacement. Written notice of all assessments shall be given to
each Lot Owner. If the Board fails to fix an assessment for a fiscal year, the assessment shall
be automatically continued at the same periodic rate previously set by the Board until such time
as the Board acts to change it.
Section Three: Certificate of Payment. The Association shall, upon written demand,
furnish a certificate in writing setting forth whether the assessment on a specified Lot has been
paid. A reasonable charge may be made for the issuance of the certificate. Such certificate
shall be conclusive evidence of payment of any assessment stated to have been paid.
Section Four Special Assessments. In addition to the assessments authorized above,
the Association, by its Board of Directors may levy, in any year, a special assessment applicable
to that year only, for the purpose of defraying the cost of any construction, reconstruction, or
unexpected maintenance, repair or replacement of facilities of or within the Common Areas.
However, the Declarants and the Builder(s) shall not be obligated to pay any special
assessments on Lots owned by the Dedarants or the Builder(s). Assessments may be made
based upon the estimated cost of such work, prior to the work's commencement, provided such
estimate has been provided by a contractor retained by the Board for the purpose of such
estimate. All special assessments for construction of new facilities or acquisition of new
equipment, which is not for the repair or replacement of existing construction or equipment, shall
require approval of two-thirds of the Members.
Section Five: Initial Assessment. Upon the initial sale of each home within the Real
Property, the purchaser shall pay an initial start-up assessment to the Association in the amount
of $400.00 (the "Initial Assessment'). Such assessment shall be in addition to any annual
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE- 11
La Colina CCR's 1-27.2000(F.1)
assessment provided for in this Article 8 and shall be for the purpose of reimbursing the
Developer and/or the Association (as the case may be) for any maintenance and operating
expenses of and for the Common Areas during the initial development and home sale period.
Section Six: Assessments - Adiacent Real Property. At such time as additional Lots are
subject to assessment by virtue of having been subjected to this Declaration, the monthly
assessment for all Lots subject to assessment may be adjusted proportionally based on the
increase in the number of Lots obligated to contribute to the Association's budget.
Section Six: Fines Treated as Special Assessments. Any fines levied pursuant to
RCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as
a special assessment of the Owner fined, and may be collected in the manner described in
Article Nine.
o ARTICLE NINE: Collection of Assessments
C'7
Section One: Lien- Personal Obligation. All assessments, together with interest and the
cost of collection, shall be a continuing lien upon the Lot against which each such assessment is
c made. The lien shall have all the incidents of a mortgage on real property. Each such
assessment, together with interest, costs and reasonable attorney's fees, shall also be the
cp
personal obligation of the person who was the Owner of the Lot at the time the assessment was
due. No Owner may waive or otherwise avoid liability for assessments by non-use of the
Common Areas or abandonment of the Lot.
Section Two: Delinquency. If any assessment is not paid within thirty (30) days after its
due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the
event that twelve percent (12%) exceeds the maximum amount of interest that can be charged
by law, then the highest permissible rate as provided for by law. A late charge of five percent
(5%) of the amount overdue shall be charged for any payment received more than ten (10) days
past due. Each Member hereby expressly grants to the Association, or its agents, the authority
to bring all actions against each Member personally for the collection of such assessments as a
debt and to enforce lien rights of the Association by all methods for the enforcement of such
liens, including foreclosure by an action brought in the name of the Association in a like manner
as a mortgage of real property, and such Member hereby expressly grants to the Association the
power of sale in connection with such liens. The liens provided for in this section shall be in
favor of the Association, and shall be for the benefit of the Association. The Association shall
have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey
any Lot obtained by the Association.
Section Three: Suspension of Voting Rights. In the event any Member shall be in
arrears in the payment of the assessments due or shall be in default of the performance of any
of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by
the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote
shall be suspended and shall remain suspended until all payments are brought current and all
defaults remedied. In addition, the Association shall have such other remedies against such
delinquent Members as may be provided in the Articles, Bylaws or Declaration.
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AND RESTRICTIONS FOR LIBERTY RIDGE- 12
La Colina CCR's 1-27-2000(F.1)
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Section Four. Commencement of Assessments. The assessments shall commence as
to each Lot upon the initial sale of the Lot from a Declarant or a Builder to a person or entity who
is not a Declarant or Builder(each such initial sale being referred to herein as an "Assessment-
Commencing Sale"). There shall be no assessment for any Lot owned by any Declarant or
Builder without the consent of the Declarant or Builder. After each Assessment-Commencing
Sale, those Lot(s) shall thereafter be assessed as provided in this Declaration. Any interest
earned by the Association on assessments shall be for the benefit of the Association.
Section Five: Enforcement of Assessments. The Board may take such action as is
necessary, including the institution of legal proceedings, to enforce the provisions of this Article.
a In the event the Board begins an action to enforce any such rights, the prevailing party shall be
entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement
action as provided in Article Seventeen, Section Five.
c
ARTICLE TEN: Building, Use and Architectural Restrictions
Section One: Development Period. The Developer hereby reserves the right to exercise
any and all powers and controls herein given to the Board of Directors, the ACC or its authorized
representative in this Declaration during the Development Period. The reserved rights of the
c', Developer shall automatically terminate at the end of the Development Period, or when the
reserved rights are relinquished by the Developer to the Board of Directors or the ACC of the
Association.
Section Two: Authority of ACC After Development. At the expiration of the
Development Period, the ACC shall have the authority and obligation to manage and administer
the review of building plans, specifications and plot plans and such other submissions as
described in Section Five herein, and to enforce these covenants, conditions and restrictions.
Such authority shall include all authority provided for the ACC in the Association's Articles,
Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the authority granted
to the ACC by this Declaration.
Section Three: Delegation of Authority of ACC. The ACC, the Developer, the
Declarants and the Builders may delegate any of their duties, powers, or functions described in
this Article to any person, firm, or corporation.
Section Four: Appointment of ACC. After the Development Period, the Board shall
appoint the members of the ACC. There shall be three members of the ACC, chosen in the
manner described in the Articles and Bylaws of the Association. If the Board fails to appoint the
members of the ACC, or the members of the ACC resign and no replacements assume the
office, the Board shall act as the ACC until members of the ACC are appointed and take office.
Section Five: Approval by ACC Required. Except as to construction, alteration, or
improvements authorized in the manner provided in this Declaration, no construction activity of
any type (including without limitation clearing and grading, cutting or transplanting of significant
natural vegetation) may begin on a Lot or Common Area and no building, structure, fence or
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE - 13
La Colina CCR's 1-27-2000(F.1)
other improvement shall be erected, placed or altered on any Lot or Common Area until, at a
minimum, the building plans, specifications, plot plans, and landscape plan showing the nature,
kind, shape, height, materials, exterior color and location of such building, structure or other
improvements have been submitted and approved in writing by the ACC or its authorized
representative as to harmony of exterior design and location in relation to and its effect upon
surrounding structures and topography; provided, however, that this sentence shall not apply to
Lots 108 through 125 without the express written consent of the Owner(s) of those Lots.
Further, no significant exterior changes shall be made to any building following the initial
completion and occupancy of that building (including, but not limited to, exterior color changes,
additions or alterations) until written approval from the ACC shall have been obtained.
1. Time Limits. If the ACC or its authorized representative shall fail to notify
the Owner of its action for a period of thirty (30) days following the date of the submission of the
o required information to the ACC, or its authorized representative, the Owner may proceed with
2 the proposed work notwithstanding the lack of written approval by the ACC or its authorized
representative. The required information shall be considered submitted to the ACC upon
Cr)
, personal delivery of a complete set of all required information to the person designated to
receive such items by the ACC, or by mail three days after deposit in the U.S. Mail, postage
prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the
Association at the address designated in the most recent notice of assessment issued by the
Board, or at such other address as is designated by the Board by written notice to the Members.
C=I
2. Guidelines. The ACC may adopt and amend, subject to approval by the
Board, written guidelines to be applied in its review of plans and specifications, in order to further
the intent and purpose of this Declaration and any other covenants or restrictions covering the
Real Property. If such guidelines are adopted, they shall be available to all interested parties
upon request.
3. Meetings. The ACC shall meet as is necessary to review any plans or
specifications provided pursuant to this Section, and shall keep and maintain a record of all
actions taken at meetings or otherwise.
4. No Waiver. Approval by the ACC of any plans, drawings or specifications
shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification
or matter submitted for approval.
5. Consultation. The ACC may retain and consult persons or entities to
assist in the evaluation of plans submitted to the Board for review.
6. Appeals. After the Development Period, the Board shall serve as an
appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's
decision. The Board shall provide, through rules and regulations, a procedure by which
decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion,
to limit the scope of such appeals and provide time limitations for appeals to be made to the
Board.
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La Colina CCR's 1-27-2000(F.1)
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7. Enforcement. The ACC may recommend and request that the Board
initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal
proceedings may only be instituted, however, after approval of the Board.
8. No Liability. The ACC, its agents and consultants shall not be liable to
the Association, its members, to any Owner or to any other person for any damage, loss or
prejudice resulting from any action or failure to act on a matter submitted to the ACC for
determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC
shall not be liable for any damage, loss or prejudice resulting from any action by a person who is
delegated a duty, power or function by the ACC.
0-1
9. Fees. The ACC may charge a fee for the review of any matter submitted
t to it. Any fee schedule adopted by the ACC must be approved by the Board.
Section Six: Temporary Structures Prohibited. No basement, tent, shack, garage, barn
or other outbuilding or buildings or any structure of a temporary or moveable character erected
0 or placed on the Properties shall at any time be used as living quarters except as specifically
c authorized by the ACC.
Section Seven: Nuisances. No noxious or undesirable thing, activity or use of any Lot in
the Properties shall be permitted or maintained. If the ACC shall determine that a thing or use of
property is undesirable or noxious, such determination shall be condusive. The ACC may
recommend and the Board may direct that steps be taken as are reasonably necessary,
including the institution of legal action or the imposition of fines in the manner authorized by
RCW Chapter 64.38, to abate any activity, remove anything or terminate any use of property
which is determined by the ACC or described in this Declaration to constitute a nuisance.
Section Eight: Limitation on Animals. No animal, livestock or poultry of any kind shall be
raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept,
bred or maintained for any commercial purpose, and they shall not be kept in numbers or under
conditions reasonably objectionable in a closely built-up residential community. Animals shall
not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs
must be kept so as to minimize excessive noise from barking or otherwise shall be considered a
nuisance according to the terms of this Declaration.
Section Nine: Limitation on Signs. No sign of any kind shall be displayed to public view
on any Lot, except one sign, not to exceed 24 inches by 24 inches, advertising the Lot (where
posted) for sale or rent by the Owner, or the Owner's agent. In addition to other rights reserved
to the Developer, the Builder(s) and Declarants in the Declaration, the Developer, the Builder(s)
and Declarants hereby reserve for themselves so long as they own any Lot, the right to maintain
upon the property such signs as in their opinion are required, convenient or incidental to the
merchandising and sale of the Lots. All other signs except as described above shall only be
displayed to public view after written approval of the ACC or the Board.
Section Ten: Completion of Construction Projects. The work of construction of all
buildings and structures shall be pursued diligently and continuously from commencement of
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE- 15
La Colina CCR's 1-27-2000(F.1)
• .
construction until the structures are fully completed and painted. Ail structures shall be
completed as to external appearance, including finish painting,within eight months of the date of
commencement of construction. Front yard landscaping must be completed within 90 days of
completion of a Housing Unit, and rear yard landscaping must be completed within two years of
completion of a Housing Unit. No person shall reside on the premises of any Lot until such time
as the improvements to be erected thereon in accordance with the plans and specifications
approved by the ACC have been completed.
Section Eleven: Unsightly Conditions. No unsightly conditions shall be permitted to exist
on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in
view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or
plants; nondecorative gear, equipment, cans, bottles, ladders, trash barrels and other such
items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on
�., the exterior walls of any Housing Unit unless prior written approval shall have been obtained
from the ACC.
Section Twelve: Antennas, Satellite Reception. Satellite dishes of no more than one
meter in diameter or diagonal measurement are permitted on the Properties, with ACC approval
of the location of the satellite dish in the manner described in Article Ten, Section Five. Except
as provided above, no radio or television antenna or transmitting tower or satellite dish shall be
erected on the exterior of any home without approval of the ACC obtained pursuant to Article
Ten, Section Five, and a showing by the Owner that such installation will be visually shielded
from most of the view of the residents traveling upon streets located on the Properties.
Section Thirteen: Setbacks. No building shall be located on any Lot nearer to the front
lot line or nearer to the side street than the minimum building setback lines adopted by the
governmental authority with jurisdiction over the Properties.
Section Fourteen: Roofs. Roofs on all buildings must be finished with materials
approved for use by the ACC or its authorized representatives. More than one type of material
may be approved.
Section Fifteen: Fences, Walls. In order to preserve the aesthetics of the Properties, no
fence, wall or hedge shall be erected or placed on any Lot unless prior written approval has
been obtained from the ACC; provided, however, that this sentence shall not apply to Lots 108
through 125 without the express written consent of the Owner(s) of those Lots. No fence shall
be located on any Lot nearer to the front lot line or nearer to a side street than the minimum
building setback lines adopted by the City of Renton. Any fence of any size constructed on any
of the Properties (whether such fence is visible to the other Lots or not) shall be constructed
according to the standard fence detail and color scheme for the development. A copy of the
initial fence detail and color scheme is attached as Exhibit A. The initial fence detail and color
scheme may be modified by the ACC or the Board from time-to-time; provided, however, that no
such modification shall require that fences previously installed (i.e., installed in accordance with a
prior version of the fence detail and color scheme in effect at the time of installation) comply with
the modified fence detail and color scheme except if and to the extent that they are
repainted/restained or reconstructed. Any fence constructed which fails to conform to the
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AND RESTRICTIONS FOR LIBERTY RIDGE - 16
La Colina OCR's 1-27-2000(F.1)
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applicable fence detail and color scheme shall either be removed by the Owner or modified by
the Owner to conform with the applicable fence detail and color scheme. In the event that an
alternative type of fence (such as a different design or chain-link material) is required to comply
with the requirements of any governmental jurisdiction, such alternative type of fence shall be
exempt from this Section Fifteen and may be constructed as required by the governmental
jurisdiction.
Section Sixteen: Residential Use Only; Home Businesses Limited. Except for temporary
sales offices and model homes, no Lot shall be used for other than one detached single-family
dwelling with driveway parking for not more than three cars. A trade, craft, business, commercial
or business or commercial activity("Home Business") may be conducted or carried on within any
building located on a Lot, provided that any goods, materials or supplies used in connection with
any trade, service or business, wherever the same may be conducted, be kept or stored inside
N any building on any Lot and that they not be visible from the exterior of the home; nor shall any
goods used for private purposes and not for trade or business be kept or stored outside any
building on any Lot. The provisions of this Section shall permit such Home Businesses to the
C=3 extent permitted by applicable zoning laws and other governmental laws, regulations, rules and
c" ordinances. Nothing in this Section shall permit (1) the use of a Lot for a purpose which violates
r_-_D law, regulations, rules or applicable zoning codes, or (2) Home Business activities that cause a
" significant increase in neighborhood traffic, or (3) modification of the exterior of the home. The
Association may, from time to time, promulgate rules restricting the activities of Home
Businesses located on the Properties pursuant to the authority granted to the Association under
o these Covenants, the Bylaws, and RCW Chapter 64.38.
Section Seventeen: Underground Utilities Required. Except for any temporary facilities
or equipment authorized in the manner provided in this Declaration, all electrical service,
telephone lines and other outdoor utility lines shall be placed underground (except for pad-
mounted utility boxes).
Section Eighteen: Limitation on Storage of Vehicles - Temporary Permits for RVs.
Except as hereinafter expressly provided, the Lots, Common Areas and/or streets located on the
Properties shall not be used for the storage and/or overnight parking of any vehicle other than
private family automobiles, trucks, motorcycles and commercial vehicles operated by a person
residing at the Lot (provided that such commercial vehicles contain a single rear axle). Boats,
boat trailers, house trailers, campers, trucks, trucks with a camper, or other recreational vehicles
or similar object may not be stored and/or parked overnight on any part of the Properties, except
as specified herein. No inoperable vehicles of any kind shall be parked, stored, maintained, or
constructed on any lot or street unless stored in a garage.
Lot Owners may store a commercial vehicle (that exceeds the size restriction described
above), boat, boat trailer, house trailer, camper, truck with camper or other recreational vehicle
or similar object on the Lot in the event that it is screened from view of the street. Any screening
constructed by a Lot Owner for the purpose of this section must be approved before
construction by the ACC in the manner provided in Section Five of Article Ten. If not approved
by the ACC., such screening shall not satisfy the screening requirements described herein.
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE - 17
La Colina CCR's 1-27-2000(F.1)
• � 1 .
•Notwithstanding the foregoing, Lot Owners who have guests visiting them intending to
stay in a camper, trailer, or other form of recreational vehicle may secure written permission from
the ACC for guests to park a vehicle upon the Lot or the public street adjacentto the Lot for
periods of up to 72 hours, with such periods not to exceed a total of two weeks in any calendar
year. The privilege shall only exist, however, after the written permission has been obtained
from the ACC or its authorized representative. A Lot Owner that stores a recreational vehicle
off-site may park the vehicle on the driveway, other unscreened area or on the street for 48
hours for the purpose of preparing for departure or upon return, to facilitate preparation and
return from travel.
Section Nineteen: Enforcement. The Association, the Builder(s), the Developer or the
Dedarants may, but are not required to, take any action to enforce the provisions of the
Dedaration available to them under law, including but not limited to (a) imposition of fines as
o authorized by RCW Chapter 64.38 and (b) prosecuting judicial action(s) for specific
performance, injunctive relief, and/or damages. Any Member may also seek enforcement of the
terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter
64.38) by obtaining an order from a court of competent jurisdiction entitling the Member to relief.
In the event that a Member takes action to enforce the terms of this Article, the Association, the
Builder(s), the Developer and the Declarants shall not be in any way obligated to join in such
action, or pay any of the attorney's fees, costs and expenses incurred by the Member in bringing
such action.
ARTICLE ELEVEN: Easements
Section One: Easements on Exterior Lot Lines. In addition to the easements that are
specified on any plat(s) of the Properties or shown by other instrument(s) of record, easements
for utilities and drainage are reserved for the Builder(s), the Developer and Declarants and their
respective successors and assigns, over, under, along and across (a) the five-foot wide side
edges of each Lot and (b) the seven-foot wide rear and front edges of each Lot. Within all of
these easements, no structure, planting or fill material shall be placed or permitted to remain
(except for fill material, walls and rockeries placed by the Developer or Builder(s) and except for
fences, walls and hedges that comply with Article Ten, Section Fifteen, above) that may, in the
opinion of the Board or ACC, damage or interfere with the installation and maintenance of
utilities or that may obstruct or retard the flow of water through drainage channels and the
easements. The easement area of each Lot and all improvements within it shall be maintained
continuously by the Owner of such Lot, except those improvements for which a public authority,
utility company or the Association is responsible.
Section Two: Association's Easement of Access. The Association, the ACC, and its
agents shall have an easement for access to each Lot and to the exterior of any building located
thereon during reasonable hours as may be necessary for the following purposes: (a) deaning,
maintenance, or repair of any home or Lot as provided in Article Seven, Section Three of this
Declaration; (b) repair, replacement or improvement of any Common Area accessible from that
Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another
Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which
the Owner is required to do but has failed or refused to do, including such work needed to
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE - 18
La Colina CCR's 1-27-2000(F.1)
maintain drainage easements which benefit more than one Lot, even if the easement is not a
part of the Common Area; and (e) all acts necessary to enforce this Declaration.
Section Three: Easement for Developer, Builder and Declarants Across Common
Areas. The Developer, the Builder(s) and the Declarants shall have an easement over, under,
and across all Common Areas for ingress, egress, and other actions necessary or related to the
development or maintenance of the Properties during the Development Period.
ARTICLE TWELVE: Mortgage Protection
Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of
the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or
management agreements, the following provisions shall apply to and benefit each Institutional
' First Mortgagee ("Mortgagee") which holds a Mortgage given for the purpose of obtaining funds
c for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot.
Q Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not
E" in any case or manner be personally liable for the payment of any assessment or charge, nor for
cp the observance or performance of any covenant, restriction, regulation, rule, Association Article
of Incorporation or Bylaw, or management agreement, except for those matters which are
enforceable by injunctive or other equitable relief, not requiring the payment of money, except as
hereinafter provided.
Section Three: Mortgagee's Rights During Foreclosure. During the pendency of any
proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or
all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the
right to vote as a Member of the Association to the exclusion of the Owner's exercise of such
rights and privileges.
Section Four. Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall
become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and
conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association,
including but not limited to the obligation to pay for all assessments and charges accruing
thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire
the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the
Declaration which secure the payment of any assessment for charges accrued prior to the date
the Mortgagee became entitled to possession of the Lot.
Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the
Association, any unpaid assessment against a Housing Unit foreclosed against may be treated
as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a
personal obligation of the defaulting Owner of the respective Lot to the Association.
Section Six: Subordination. The liens for assessments provided for in this instrument
shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
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La Colina OCR's 1-27-2000(F.1)
,
Housing Unit as a construction loan security interest or as a purchase price security interest, and
the Association will, upon demand, execute a written subordination document to confirm the
particular superior security interest.
Section Seven: Mortgagee's Rights. Any Mortgagee shall have the right on request
therefor to: (a) inspect the books and records of the Association during normal business hours;
(b) receive an annual audited financial statement of the association within (90) days following the
end of any fiscal year; and (c) receive written notice of all meetings of the Association and
designate a representative to attend all such meetings.
Section Eight: Limitation on Abandonment of Common Areas. The Association shall
not, without the prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to
abandon the Common Areas for reasons other than substantial destruction or condemnation of
the property.
c+'-r
Section Nine: Notice. If such notice has been requested in writing, Mortgagees shall be
entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or
any part of the Common Areas or facilities; (b) any condemnation or eminent domain
proceedings involving any Housing Units or any portion of Common Areas or facilities; (c)any
r� default under this Declaration or the Articles, Bylaws or rules and regulations of the Association
by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty
(30) days; (d) any sixty(60) day delinquency in the payment of assessments or charges owed by
the Owner of any Housing Unit on which it holds the mortgage; (e)ten (10) days' prior written
notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond
maintained by the Association; and (f) any proposed action that requires the consent of a
specific percentage of Mortgagees.
ARTICLE THIRTEEN: Management Contracts
Each Member hereby agrees that the Association and the ACC may enter into
agreements for the performance of any or all of the functions of the Association and the ACC
with such persons or entities as the Association deems appropriate; however, any agreement for
professional management of the Properties, or any other contract providing for services by the
Builder(s) or the Developer must provide for termination by either party without cause after
reasonable notice.
ARTICLE FOURTEEN: Insurance
Section One: Coverage. The Association may purchase as a Common Area Expense
and shall have authority to and may obtain insurance for the Common Areas against loss or
damage by fire or other hazards in an amount sufficient to cover the full replacement value in the
event of damage or destruction. It may also obtain a comprehensive public liability policy
covering the Common Areas. The comprehensive public liability coverage shall be in an amount
to be determined by the Association. It may also obtain insurance to cover the Board, the ACC,
its agents and employees from any action brought against them arising out of actions taken in
furtherance of the Association's duties under this Dedaration. All such insurance coverage shall
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La Colina CCR's 1-27-2000(F.1)
•
be written in the name of the Association as trustee for each of the Members of the Association.
The Association shall review the adequacy of the Association's insurance coverage at least
annually. All policies shall include a standard mortgagee's clause and shall provide that they
may not be canceled or substantially modified (including cancellation for nonpayment of
premium)without at least ten (10) days prior written notice to any and all insured named therein,
including Owners and Institutional First Mortgagees that have requested notice.
Section Two: Replacement, Repair After Loss. In the event of the damage or
destruction of the Common Areas covered by insurance written in the name of the Association,
the Association may, upon receipt of the insurance proceeds, and to the extent of such
proceeds contract to rebuild or repair such damaged or destroyed portions of the Common
Areas to as good a condition as they were when the loss occurred; provided, however, that the
CD, Association's election not to rebuild the Common Areas shall require the approval of two-thirds
CY-1. (2/3) of the Members of the Association. The Association may in its sole discretion contract with
any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas.
ARTICLE FIFTEEN: Rules and Regulations
During the Development Period the Declarants and the Builder(s), by majority vote, may
adopt rules and regulations governing the use of the Properties and the personal conduct of the
Members and their guests thereon, and to establish penalties for the infraction thereof. After the
cz:p Development Period the Association, through its Board of Directors, may adopt rules and
regulations governing the use of the Properties and the personal conduct of the Members and
their guests thereon, and to establish penalties for the infraction thereof, in the manner
described by RCW Chapter 64.38, the Bylaws and in any resolutions passed by the Board.. All
Lot Owners shall be given written notice of the rules and regulations in the manner required by
RCW Chapter 64.38.
ARTICLE SIXTEEN: Remedies and Waiver
Section One: Remedies Not Limited. The remedies provided herein, including those for
collection of any assessment or other charge or claim against any Member, for and on behalf of
the Association, the ACC, the Builder(s), the Developer or the Declarants are in addition to, and
not in limitation of, any other remedies provided by law.
Section Two: No Waiver. The failure of the Association, the ACC, the Builder(s), the
Developer, the Declarants or of any of their duly authorized agents or any of the Owners to insist
upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws
or rules or regulations of the Association, or to exercise any right or option contained therein, or
to serve any notice or to institute any action or summary proceedings, shall not be construed as
a waiver or relinquishment of such right for the future, but such right to enforce any of the
provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the Association
shall continue and remain in full force and effect. No waiver of any provision of the Declaration
or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been
made, either expressly or implied, unless such waiver shall be in writing and signedby the Board
of Directors of the Association pursuant to authority contained in a resolution of the Board of
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La Colina CCR's 1-27-2000(F.1)
• ' I • , ; am, •
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Directors.
ARTICLE SEVENTEEN: General Provisions
Section One: Singular and Plural. The singular wherever used herein shall be
construed to mean the plural when applicable, and the necessary grammatical changes required
to make the provisions hereof apply either to corporations or individuals, men or women, shall in
all cases be assumed as though in each case fully expressed.
Section Two: Severability. The invalidity of any one or more phrases, sentences,
clauses;paragraphs or sections hereof shall not affect the remaining portions of this Declaration
or any part hereof, all of which are inserted conditionally on their being held valid in law and in
c,,, the event that one or more of the phrases, sentences, clauses, paragraphs or sections
a contained herein should be declared invalid, this Declaration shall be construed as if such invalid
phrase, sentence, clause, paragraph, or section had not been inserted.
Section Three: Duration. These covenants, restrictions, reservations and conditions
shall remain in full force and effect for a period of twenty (20) years from the date hereof.
cs Thereafter, they shall be deemed to have been renewed for successive terms of ten (10) years,
unless revoked or amended as herein provided.
Cra
Section Four: Attorney's Fees, Costs and Expenses. In the event the Association, a
Member, the Builder(s), the Developer or the Declarants employ an attorney to enforce any
provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations
adopted by the Association, the prevailing party in any action for enforcement shall be entitled to
the award of reasonable attorney's fees, costs and all expenses incurred in the action, whether
determined by judgment, arbitration or settlement.
Section Five: Method of Notice. Any notice required by the Declaration or the Articles or
Bylaws of the Association or the rules and regulations adopted by the Association shall be
deemed properly given when personally delivered, deposited in the United States mail, postage
prepaid, or when transmitted and received by facsimile. The Association may adopt other
methods for providing notice by resolution of the Board, provided that the methods adopted are
reasonably calculated to provide actual notice to recipients of the notice.
Section Six: Enforcement of Declaration. This Declaration may be enforced by the
Association, the Builder(s), the Developer, the Declarants or the Owner of any Lot. Such
enforcement may include the institution of legal proceedings to enforce compliance with or
specific performance of any of the covenants or restrictions contained in this Declaration, rules
and regulations adopted by the Association, or the provisions of the Articles or Bylaws of the
Association.
Section Seven: Successors and Assigns. This Declaration binds and is for the benefit
of the the Declarants, the Builder(s), the Developer, the Members and the Owners and their
respective heirs, personal representatives, successors and assigns.
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE - 22
La Colina CCR's 1-27-2000(F.1)
Section Eight: Exhibits. All exhibits referred to in this Dedaration are incorporated within
it.
ARTICLE EIGHTEEN: Amendment and Revocation
Section One: Exclusive Method. This instrument may be amended, and partially or
completely revoked only as herein provided or otherwise provided by law.
Section Two: Amendment During the Development Period. In addition to amendments
to this Declaration to add Adjacent Real Property made pursuant to Section Three of Article
Two, above, during the Development Period, the Declarants or their successors or assigns may
amend this instrument to comply with the requirements of the Federal National Mortgage
r- Association, Government National Mortgage Association, Veterans Administration or Federal
Home Loan Mortgage Corporation. Such amendments may be made by recording an
acknowledged document setting forth specifically the provisions amending this instrument.
Section Three: Voting. This Declaration may be amended at any annual meeting of the
`�' Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or
more of the Owners vote for such amendment, or without such meeting if all Owners are notified
in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for
such amendment by written ballot. Notice of any proposed amendment shall be given to all
Owners not less than ten (10) days prior to the date of the annual meeting or of any special
meeting at which the proposed amendment shall be considered. Notwithstanding any of the
foregoing, fifty-one percent (51%) of all Institutional First Mortgagees who have given notice to
the Association requesting notification of amendments must give prior written approval to any
material amendment to the Declaration or Bylaws, including any of the following:
1. Voting rights;
2. Assessments, assessment liens and subordination of such liens;
3. Reserves for maintenance, repair and replacement of Common Areas;
4. Insurance or fidelity bonds;
5. Responsibility for maintenance and repair;
6. Contraction of the project or the withdrawal of property from the Properties;
7. Leasing of Housing Units other than as set forth herein;
8. Imposition of any restrictions on the right of an Owner to sell or transfer a Lot;
9. Restoration or repair(after hazard damage or partial condemnation) in a manner
other than that specified in this Declaration.
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE - 23
La Colina OCR's 1-27-2000(F.1)
• I 1 r c u ". .y•
10. Any action to terminate the legal status of the Properties after substantial
destruction or condemnation occurs; or
11. Any provisions which are for the express benefit of Institutional First Mortgagees.
Section Four: Effective Date. Amendments shall take effect only upon recording with the
Recorder or Auditor of the county in which this Declaration is recorded.
Section Five. Protection of Declarants, Developer and Builder. For such time as the
Dedarants, Developer, or the Builder(s) shall own any Lot(s) located in the Properties there shall
a be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the
0.a.
Association, or any Rules and Regulations adopted by the Association which:
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1. Discriminate or tend to discriminate against the rights of the Declarants, the
Developer or the Builder(s).
2. Change Article I ("Definitions") in a manner that alters the rights or status of the
Declarants, the Developer or the Builder(s).
CNA 3. Alter the character and rights of membership or the rights of the Declarants, the
Developer or the Builder(s) as set forth in Article III.
4. Alter the rights of the Declarants, the Developer or the Builder(s) as set forth in
Article X relating to architectural controls.
5. Alter the basis for, or any exemption from, assessments held by the Dedarants,
the Developer or the Builder(s).
6. Alter the number or selection of Directors as established in the Bylaws.
7. Alter the rights of the Declarant, the Developer or the Builder(s) as they appear
under this Article.
8. Alter the exclusions relating to Lots 108 through 125 without the written consent
of the Owner(s) of those Lots.
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS FOR LIBERTY RIDGE - 24
La Colina CCR's 1-27-2000(F.1t
• ' • „; ,t, r
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