recorded Ashwood Court CCRs scanned 202105200166202105200166
COVENANTS Rec: $127.50
5/20/2021 9:51 AM 25 PG
SNOHOMISH COUNTY, WA
Return Address:
Patrick K. McKenzie
MARSH MUNDORF PRATT SULLIVAN
+ McKENZIE, P.S.C.
4220 132" d Street SE, Suite 201
Mill Creek, WA 98012
Document: Declaration of Covenants, Conditions and Restrictions for the Plat of Ashwood Court
Reference No: N/A
Declarant: Mietzner Brothers Properties, LLC, a Washington limited liability company
Beneficiary: Mietzner Brothers Properties, LLC, a Washington limited liability company
Legal Description (abbrev.): PTN OF LOTS 1 & 2, BLK 31, HANBURY'S SOUND VIEW
TRACTS, VOL. 7, P. 20, SNOHOMISH COUNTY
Assessor's Property Tax Parcel/Account No: 00463303100102; 00463303100103;
00463303100105
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE
PLAT OF ASHWOOD COURT
(PLN No. 20170047)
THIS DECLARATION is made this 21st day of April, 2021, by Mietzner Brothers
Properties, LLC, a Washington limited liability company, (hereinafter "Declarant").
RECITALS
A. Declarant is the Owner of that certain real property located in Snohomish County,
Washington, and more particularly described in Section 2.1 of this Declaration.
B. Declarant desires to subject the real property described in Section 2.1 hereof to
the provisions of this Declaration to create a residential community of single-family housing (as
single family is defined below) and to provide for the subjecting of other real property to the
provisions of this Declaration.
C. The real property described in Section 2.1 hereof is located within and has been
developed in accordance with the Plat of ASHWOOD COURT as approved by the City of
Edmonds on the day of M a , 2021, and recorded on the A0_ day of
M OL-4 2021, under Srnohornish County Auditor's File Number
20210 5'ao FO O /
NOW, THEREFORE, Declarant hereby declares that the real property described in
Section 2.1 of this Declaration, including the improvements constructed or to be constructed
thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold,
transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the
covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which
are for the purpose of protecting the value and desirability of, and which shall run with the title
to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons
having any right, title, or interest in all or any portion of the real property now or hereafter made
subject hereto, their respective heirs, legal representatives, successors, successors -in -title, and
assigns and shall inure to the benefit of each and every Owner of all or any portion thereof.
ARTICLE I
Definitions
1.1 Words Defined. The following words, when used in this Declaration (unless the
context shall prohibit) shall have the following meanings:
1.1.1 "Association" shall mean Ashwood Court Homeowner's Association, a
Washington nonprofit corporation, its successors and assigns.
1.1.2 "Board of Directors" or "Board" of the Association shall be the
appointed or elected body, as applicable, having its normal meaning under Washington law.
1.1.3 "Bylaws" shall refer to the Bylaws of Ashwood Court Homeowner's
Association.
1.1.4 "Common Property" shall mean any and all real and personal property
and easements and other interests therein, together with the facilities and improvements located
thereon, now or hereafter owned by the Association for the common use and enjoyment of the
Homeowners including Tract 999 utilized as a private driveway access and guest parking.
1.1.5 "Community" shall mean and refer to that certain real property and
interest therein described in Exhibit A, attached hereto.
1.1.6 "Community -Wide Standard" shall mean the standard of conduct,
maintenance, or other activity generally prevailing in the Community. Such standard may be
more specifically determined by the Board of Directors of the Association. Such determination,
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however, shall generally be made with reference to the standards originally established by the
Declarant.
1.1.7 "Declarant" shall mean and refer to Mietzner Brothers Properties, LLC,
a Washington limited liability company, and its successors -in -title and assigns, provided any
such successor -in -title or assign shall acquire for the purpose of development or sale all or any
portion of the remaining undeveloped or unsold portions of the real property described in
Exhibit A, attached hereto, and provided further, in the instrument of conveyance to any such
successor -in -title or assign, such successor -in -title or assign is designated as the "Declarant"
hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder
at the time of such conveyance; provided, further, upon such designation of such successor
Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall
cease, it being understood hereto, there shall be only one "Declarant" hereunder at any one point
in time.
1.1.8 "Development Period" shall mean that period of time beginning on the
date this Declaration is recorded in the records of Snohomish County and ending on the earliest
to occur of (i) ten (10) years from the date of recording of this Declaration; (ii) five (5) years
after Declarant's last conveyance of record of a Lot to an Owner; or (iii) the date upon which a
Supplementary Declaration is recorded by Declarant terminating the Development Period.
1.1.9 "Lot" shall mean any plot of land within the Community, whether or not
improvements are constructed thereon, which constitutes or will constitute, after the construction
of improvements, a residential dwelling site as shown on a plat recorded in the records of
Snohomish County. The ownership of each Lot shall include, and there shall pass with each Lot
as an appurtenance thereto, whether or not separately described, all of the right, title, and interest
of an Owner in the Common Property, which shall include, without limitation, membership in
the Association.
1.1.10 "Mortgage" means any mortgage, deed of trust, and any and all other
similar instruments used for the purpose of encumbering real property in the community as
security for the payment or satisfaction of an obligation.
1.1.11 "Mortgagee" shall mean the holder of a Mortgage.
1.1.12 "Occupant" shall mean any Person occupying all or any portion of a
residence or other property located within the Community for any period of time, regardless of
whether such Person is a tenant or the Owner of such property.
1.1.13 "Owner" or "Homeowner" shall mean and refer to the record Owner,
whether one or more Persons, of the fee simple title to any Lot located within the Community,
excluding, however, any Person holding such interest merely as security for the performance or
satisfaction of any obligation.
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1.1.14 "Person" means any natural person, as well as a corporation, joint
venture, partnership (general or limited), association, trust, or other legal entity.
1.1.15 "Single Family" shall mean a single housekeeping unit, without regard
to the construction type or Homeowner of such unit, that includes not more than four (4) adults
who are legally unrelated.
1.1.16 "Total Association Vote" means all of the votes attributable to members
of the Association (including votes of Declarant), and the consent of Declarant so long as
Declarant owns any property for development and/or sale in the Community.
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
2.1 Property Hereby Subjected To This Declaration. The real property which is,
by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth
and which, by virtue of the recording of this Declaration, shall be held, transferred, sold,
conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is
the real property described in Exhibit A, attached hereto and by reference made a part hereof.
ARTICLE 3
ASHWOOD COURT HOMEOWNER'S ASSOCIATION
3.1 Description of Association. The Association shall be charged with the duties
and vested with the powers prescribed by law and set forth in this Declaration, any
Supplementary Declaration, and the Articles of Incorporation and Bylaws of the Association, all
as may be amended from time to time; provided, however, that no such governing documents
shall for any reason be amended or otherwise interpreted so as to be inconsistent with this
Declaration.
3.2 Board of Directors. Declarant shall have the right to appoint or remove any
member or members of the Board of Directors or any officer or officers of the Association until
termination of the Development Period. Each Owner, by acceptance of a deed to or other
conveyance of a Lot vests in Declarant the authority to appoint and remove directors and officers
of the Association. The directors selected by the Declarant need not be Homeowners. The
number of the directors shall be as set forth in the Bylaws. Following termination of the
Development Period, the Board of Directors shall be elected by the Homeowners in accordance
with the Bylaws.
3.3 Membership. Every Person who is the record Owner of a fee or undivided fee
interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the
Association. The foregoing is not intended to include Persons who hold an interest merely as
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security for the performance of an obligation, and the giving of a security interest shall not
terminate the Owner's membership. No Owner, whether one or more Persons, shall have more
than one (1) membership per Lot. In the event of multiple Homeowners of a Lot, votes and
rights of use and enjoyment shall be as provided in this Declaration and in the Bylaws.
Membership shall be appurtenant to and may not be separated from Homeownership of any Lot.
The rights and privileges of membership, including the right to vote and to hold office, may be
exercised by a member or the member's spouse, but in no event shall more than one (1) vote be
cast nor office held for each Lot owned. The first annual meeting of the Members shall be held
within one year after termination of the Development Period on a date set by the Board pursuant
to the Bylaws.
3.4 Votin . The Association shall have two classes of voting membership:
Class A. Class A members shall be Owners except the Declarant. Class A
members shall be entitled to one (1) vote for each Lot owned.
Class B. The Class B members shall be the Declarant and shall be entitled to
three (3) votes for each Lot owned.
(i) The Class B membership shall cease and be converted to Class A
membership on the happening of the first of the following events:
(a) When the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class B members [such Class B membership
for the purposes of this clause including Declarant owned Lots both within the project as well as
those which may be added to the project];
(b) The date when Declarant's management powers terminate,
as provided in Section 4.2.
(ii) In determining whether any given proposition shall have been
approved by the membership, the total number of Class A and Class B votes shall be combined
and the appropriate percentage applied against that combined number.
(iii) Except as provided above, the total voting power of all Owners
shall equal the number of Lots at any given time and the total numbers of votes available to
Owners of any one (1) Lot shall be one (1) vote.
3.5 Bylaws of Association. Bylaws for the administration of the Association and the
property, and to further the intent of this Declaration, shall be adopted or amended by the
Owners at a regular or special meeting; provided that the initial Bylaws shall be adopted by
Declarant. In the event of any conflict between this Declaration and any Bylaws, the provisions
of this Declaration shall prevail.
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ARTICLE 4
MANAGEMENT OF THE ASSOCIATION
4.1 Administration of the Development. The Owners covenant and agree that the
administration of the property shall be in accordance with the provisions of this Declaration and
the Bylaws of the Association, which are made a part hereof.
4.2 Management by Declarant. The property shall be managed by the Declarant
until the earlier of (a) one hundred twenty (120) days after all Class B memberships terminate; or
(b) the date on which Declarant elects to permanently relinquish all of its authority under this
Section 4.2 by written notice to all Owners. Declarant, so long as it is managing the property, or
a managing agent selected by Declarant, shall have the exclusive power and authority to exercise
all the rights, duties and functions of the Board set forth or necessarily implied in this
Declaration; provided, however, that the Association may not, however, be bound directly or
indirectly to any contracts or leases without the right of termination exercisable without cause
and without penalty at any time after transfer of control to the Board elected pursuant to Section
4.3 upon not more than ninety (90) days notice to the other party to the contract.
4.3 Management by Elected Board of Directors. At the expiration of Declarant's
management authority under Section 4.2 administrative power and authority shall vest in a Board
of Directors elected from among the Lot Owners. The number of directors shall be specified in
the Bylaws and shall be sufficient to adequately handle the affairs of the Association. Except as
otherwise provided herein, decisions shall be determined by a majority vote of the directors
entitled to vote. The Board may delegate all or any portion of its administrative duties to a
managing agent or officer of the Association. All Board offices shall be open for election at an
organizational meeting. The Board shall elect from among its members a president who shall
preside over meetings of the Board and the meetings of the Association.
ARTICLE 5
ASSESSMENTS
5.1 Purpose of Assessment. The assessments provided for herein shall be used for
the general purposes of promoting the recreation, health, safety, welfare, common benefit, and
enjoyment of the Homeowners and occupants of Lots, including the maintenance of real and
personal property, all as may be more specifically authorized from time to time by the Board of
Directors.
5.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner
of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed,
covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special
assessments, such assessments to be established and collected as hereinafter provided; and (iii)
specific assessments against any particular Lot which are established pursuant to the terms of this
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Declaration, including, but not limited to, reasonable fines as may be imposed in accordance
with the terms of this Declaration. Notwithstanding the foregoing, the Declarant shall not be
obligated to pay any assessments.
5.2.1 All such assessments shall be a charge on the land and shall be a
continuing lien upon the Lot against which each assessment is made.
5.2.2 Each such assessment, together with late charges, interest, costs,
including, without limitation, reasonable attorneys' fees actually incurred, shall also be the
personal obligation of the person who was the Owner of such Lot at the time the assessment fell
due.
5.2.3 The Association shall, within five (5) days after receiving a written
request therefor and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid. A properly
executed certificate of the Association as to the status of assessments on a Lot shall be binding
upon the Association as of the date of issuance.
5.2.4 Annual assessments shall be levied equally on all similarly situated Lots
(as determined by the Board). Unless otherwise provided by the Board, the assessment shall be
paid in annual installments.
5.3 Computation. It shall be the duty of the Board to prepare a budget covering the
estimated costs of operating the Association during the coming year, which shall include a
capital reserve in accordance with a capital budget separately prepared. The Board shall cause
the budget and the assessments to be levied against each Lot for the following year to be
delivered to each member at least thirty (30) days prior to the end of the current fiscal year. The
budget and the assessment shall become effective unless disapproved at a meeting by a majority
of the Total Association Vote. Notwithstanding the foregoing, however, in the event the
membership disapproves the proposed budget or the Board fails for any reason to determine the
budget for the succeeding year, then and until such time as a budget shall have been determined,
as provided herein, the budget in effect for the then current year shall continue for the succeeding
year.
5.4 Revised Budget. If the financial circumstances of the Association materially
change during any year, the Board may prepare a revised budget for the balance of the year. The
Board shall cause the revised budget and assessments to be delivered to each member at least
thirty (30) days before their effective date. Such revised budget and assessments shall become
effective unless disapproved at a meeting by a majority of the Total Association Vote. If the
revised budget is disapproved, the budget then in effect shall continue for the remainder of the
year.
5.5 Special Assessments. In addition to the other assessments authorized herein, the
Association may levy special assessments for expenses such as, but not limited to, capital
improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total
Association Vote. Special assessments shall be paid as determined by the Board, and the Board
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may permit special assessments to be paid in installments extending beyond the fiscal year in
which the special assessment is imposed.
5.6 Lien for Assessments. All sums assessed against any Lot pursuant to this
Declaration, together with late charges, interest, costs, including, without limitation, reasonable
attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in
favor of the Association.
5.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any
assessments or installments thereof which are not paid when due shall be delinquent. Any
assessment or installment thereof delinquent for a period of more than ten (10) days shall incur a
late charge in an amount as the Board may from time to time determine. The Association shall
cause a notice of delinquency to be given to any member who has not paid within ten (10) days
following the due date. If the assessment is not paid within thirty (30) days, a lien, as herein
provided, shall attach and, in addition, the lien shall include an additional lien service fee in an
amount as the Board may determine from time to time, interest set by the Board from time to
time, not to exceed the maximum rate permitted by law (but not to exceed twelve percent (12%)
per annum) on the principal amount due, all late charges from the date first due and payable, all
costs of collection, including, without limitation, reasonable attorneys' fees actually incurred,
and any other amounts provided or permitted by law.
5.7.1 In the event that the assessment remains unpaid after sixty (60) days, the
Association may, as the Board shall determine, institute suit to collect such amounts and/or to
foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of
conveyance, vests in the Association or its agents the right and power to bring all actions against
such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid
lien in the same manner as other liens for the improvement of real property.
5.7.2 All payments shall be applied first to costs, then to late charges, then to
interest and then to delinquent assessments.
5.8 Date of Commencement of Assessments. The assessments provided for herein
may commence as to a Lot subject to this Declaration on the first day of the month following the
later of the following occurrences:
a. Recording of the Plat in which said Lot is located.
b. Recording of this Declaration.
C. Filing of the Articles of Incorporation for the Association.
d. Substantial completion and initial acceptance of the plat improvements by
the applicable jurisdictions. The Board shall determine in its sole discretion when this condition
has been net.
Assessments shall be due and payable in a manner and on a schedule as the Board of
Directors may provide. The first annual assessment shall be adjusted according to the number of
months then remaining in that fiscal year.
5.9 Specific Assessments. The Board shall have the power to levy specific
assessments pursuant to this Section 5.9 as, in its discretion, it shall deem appropriate. Failure of
the Board to exercise its authority under this Section shall not be grounds for any action against
the Association or the Board of Directors and shall not constitute a waiver of the Board's right to
exercise its authority under this Section in the future with respect to any expenses, including an
expense for which the Board has not previously exercised its authority under this Section.
5.9.1 Expenses of the Association which benefit less than all of the Lots may,
in the Board's discretion, be specifically assessed equitably among all of the Lots which are
benefited according to the benefit received.
5.9.2 Policies adopted by the Board regarding specific assessments pursuant to
this Section 5.9 shall be reasonable and applied consistently throughout the Community.
ARTICLE 6
MAINTENANCE OF COMMON PROPERTY
6.1 Association's Responsibility. The Association shall maintain and keep in good
repair the Common Property. This maintenance shall include, without limitation, maintenance,
repair, and replacement, subject to any insurance then in effect, of all landscaping and
improvements situated on the Common Property. The Association shall also maintain: (i) all
entry sign features located on Lot 1 for the benefit of the community including the expenses for
water and electricity, if any, provided to all such entry features; (ii) landscaping originally
installed by the Declarant which is on Common Property owned in fee by the Association or on
property where a landscaping easement has been granted to the Association; (iii) all facilities
serving the Community not dedicated to or maintained by a public entity; (iv) all property
outside of Lots located within the Community which was originally maintained by the Declarant
and located within or adjacent to public right-of-ways, including but not limited to, all common
features and facilities shown on the face of the recorded plat, including but not limited to
landscaping, street lighting, access and utility tracts, tract and lot perimeter fencing, signage and
common areas, drainage facilities, including Tract 999 ("Driveway Access and Guest Parking
Stalls"). The foregoing maintenance shall be performed consistent with the Community -Wide
Standard. Nothing in this section 6.1 shall be construed to obligate the Association to maintain
any part of an Owner's Lot unless otherwise agreed to in writing by the Association.
6.2 Damage Caused by Owner. In the event that the Association determines that the
need for maintenance, repair, or replacement, which is the responsibility of the Association
hereunder, is caused through the willful or negligent act of an Owner, or the family, guests,
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lessees, or invitees of any Owner, and is not covered or paid for by insurance, in whole or in part,
then the Association may perform such maintenance, repair or replacement at such Owner's sole
cost and expense, and all costs thereof shall be added to and become a part of the assessment to
which such Owner is subject and shall become a lien against the Lot of such Owner.
6.3 Owner's Responsibility. Except as provided in Sections 6.1 and 6.2 above, all
maintenance of any Lot and all structures, parking areas, landscaping, and other improvements
thereon shall be the sole responsibility of the Owner thereof, who shall maintain such Lot in a
manner consistent with the Community -Wide Standard and this Declaration. In the event that
the Board of Directors of the Association determines that any Owner has failed or refused to
discharge properly any of such Owner's obligations with regard to the maintenance, repair, or
replacement of items for which such Owner is responsible hereunder, the Association shall,
except in an emergency situation, give the Owner written notice of the Association's intent to
provide such necessary maintenance, repair or replacement at the Owner's sole cost and expense.
The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement
deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which
to complete such maintenance, repair, or replacement, or, in the event that such maintenance,
repair, or replacement is not capable of completion within a ten (10) day period, to commence
such work which shall be completed within a reasonable time. If any Owner does not comply
with the provisions hereof, the Association may provide any such maintenance, repair, or
replacement at such Owner's sole cost and expense, and all costs shall be added to and become a
part of the assessment to which such Owner is subject and shall become a lien against the Lot.
ARTICLE 7
USE RESTRICTIONS AND RULES
7.1 General Rules and Regulations. This Article, beginning at Section 7.2, sets out
certain use restrictions which must be complied with by all Homeowners and Occupants. These
use restrictions may only be amended in the manner provided in Section 14.4 hereof regarding
amendment of this Declaration. In addition, the Board may, from time to time, without consent
of the Homeowners, promulgate, modify, or delete other use restrictions and rules and
regulations applicable to the Community. Such use restrictions and rules shall be distributed to
all Homeowners and Occupants prior to the date that they are to become effective and shall
thereafter be binding upon all Homeowners and Occupants until and unless overruled, canceled,
or modified in a regular or special meeting by a majority of the Total Association Vote.
7.2 Residential Use. All Lots shall be used for residential purposes exclusively with
the exception that certain home occupations will be permitted, subject to the guidelines and rules
established by the Board. Such home occupations may be limited to certain business uses, shall
not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or
parking congestion, and shall not be in violation of any of the provisions of the Declaration or
Bylaws. The Board may issue any guidelines or rules it deems advisable to regulate home
occupational uses and shall be the sole judge in the interpretation of said guidelines and rules.
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Such guidelines and rules may change from time to time based on the Board's sole judgment as
to the best interests of the Community. Such home occupations shall be allowed only so long as
any such operation is in strict conformance with the guidelines and rules established by the
Board and local zoning laws.
7.3 Completion. Any residence or other structure erected or placed on any Lot shall
be completed as to external appearance, including finished painting, within eight (8) months after
the date of commencement of construction. All landscaping must be completed within thirty
(30) days from the date of completion of construction unless an extension is granted by the
Board as a result of adverse weather conditions.
7.4 Garaizes. All homes within the Community shall contain a garage; carports shall
not be permitted. Unless otherwise approved by the Board, all garages must be attached to, or
incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to
this requirement, the Board will consider functional necessity and architectural desirability.
7.5 Utility Lines and Wiring. No electrical, cable television, or telephone lines or
wires shall be located on any Lot unless underground or in a conduit attached to a structure.
Except as may be permitted by the Board, no overhead utility lines, including lines for cable
television, shall be permitted within the Community, except for temporary lines as required
during construction and lines installed by or at the request of Declarant.
7.6 Sims. No sign of any kind shall be erected by an Owner or Occupant within the
Community without the prior written consent of the Board. Notwithstanding the foregoing, the
Board and the Declarant shall have the right to erect reasonable and appropriate signs including,
without limitation, signs related to Declarant's development and marketing of residences within
the Community. In addition, "For Sale" and "For Rent" signs and security signs consistent with
the Community -Wide Standard and any signs required by legal proceedings may be erected upon
any Lot.
7.7 Vehicles. The term "vehicles" as used herein shall include, without limitation,
automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, trailers, portable
aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other rowed or self-
propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include
passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly
and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and
recreational purposes are not considered passenger vehicles. Where a Lot contains a garage,
"parking areas" shall refer to the number of garage parking spaces. All vehicles shall be parked
inside the garage.
7.7.1 Any passenger vehicle which is inoperable or unlicensed and not
capable of use on the public highways and which is parked on any Lot or guest parking areas
located within Tract 999 for a period of more than forty-eight (48) hours shall be treated the
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same as a non -passenger vehicle and shall be considered a nuisance and may be removed from
the Community.
7.7.2 All guest parking areas located within Tract 999 are for temporary guest
and visitor parking only on a first come first served basis. The Board shall adopt and maintain
current rules and regulations concerning the parking and storage of vehicles on any Lot, or for
use of guest parking areas located on Tract 999. Said rules are to protect the Community from
the potentially adverse impacts of vehicles on the Community environment and to accommodate
the evolving nature and use of such vehicles. Such rules and regulations may provide for
exceptions and/or modifications to the conditions of this Section as determined in the sole
discretion of the Board. The Board shall rule on any dispute as to the interpretation or
application of this Section and all rules and regulations established by the Board with respect to
vehicles and any such determination shall be final and conclusive.
7.8 Leasing. Lots may be leased for residential purposes. All leases shall have a
minimum term of at least twelve (12) months. All leases shall require, without limitation, that
the tenant acknowledge receipt of a copy of the Declaration, Bylaws, use restrictions, and rules
and regulations of the Association. The lease shall also obligate the tenant to comply with the
foregoing and shall provide that in the event of noncompliance, the Board, in addition to any
other remedies available to it, may evict the tenant on behalf of the Owner and specifically assess
all costs associated therewith against the Owner and the Owner's property.
7.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules
and regulations, use restrictions or design guidelines established pursuant thereto which govern
the conduct of Homeowners and which provide for sanctions against Homeowners shall also
apply to all Occupants even though Occupants are not specifically mentioned. Fines may be
levied against Homeowners or Occupants. If a fine is first levied against an Occupant and is not
paid timely, the fine may then be levied against the Owner.
7.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or
kept in the Community; provided, however, that up to a total of two (2) conventional household
pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or
maintained for any commercial purposes. Homeowners shall be responsible for the immediate
cleanup and removal of all fecal matter deposited by pets on any property. Pets shall be confined
in the Owner's Lot, unless on a leash and accompanied by a responsible person. Tile Board may
prohibit Homeowners from allowing pets in some or all of the Common Property. No domestic
pet may be kept if it is a source of annoyance, and such determination shall be final and
conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated
from time to time as required by law.
7.11 Nuisance. It shall be the responsibility of each Owner and Occupant to prevent
the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot.
No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause
such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye;
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nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that
will cause any noise or other condition that will or might disturb the peace, quiet, safety,
comfort, or serenity of the Occupants of surrounding property. Without limiting the generality of
the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such
devices as may be used exclusively for security purposes, shall be located, installed or
maintained upon the exterior of any Lot unless required by law or unless specifically approved
by the Board which may, in its discretion, impose certain conditions in writing as part of its
approval.
7.12 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities,
including specifically, without limiting the generality of the foregoing, the assembly of and
disassembly of motor vehicles and other mechanical devices, which might tend to cause
disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of
the Community. Garage doors shall be kept closed at all times unless they are in use. In
addition, the storage of equipment machinery, construction supplies or any similar material on a
Lot outside of the home and garage constructed thereon is strictly prohibited except as required
during the remodeling or refurbishing of improvements on such Lot and then for not more than
thirty (30) days.
7.13 Drainage. Catch basins and drainage areas are for the purpose of natural flow of
water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant
may obstruct or rechannel the drainage flows after location and installation of drainage swales,
storm sewers, or storm drains. Declarant hereby reserves for the benefit of Declarant and the
Association and their respective successors and assigns a perpetual easement across all Common
Property and Lots for the purpose of maintaining or altering drainage and water flow. Rights
exercised pursuant to such reserved easement shall be exercised with a minimum of interference
to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such
property, and damage shall be repaired by the Person causing the damage at its sole expense.
7.14 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air conditioning
compressors, machinery, equipment, and other similar items related to the operation of the
residence shall be located or screened so as to be concealed from view of neighboring streets and
property. Garbage cans may be placed in the front of lots the night before weekly scheduled
garbage pickup times to accommodate garbage removal provided the garbage cans are removed
and concealed the same day following garbage pickup. All rubbish, trash, and garbage shall be
regularly removed and shall not be allowed to accumulate.
7.15 Lighting. Except as may be permitted by the Board, exterior lighting shall not be
permitted except for (i) approved lighting as originally installed on a Lot; (ii) street lights in
conformity with an established street lighting program for the Community; (iii) seasonal
decorative lights, or (iv) front house illumination of model homes. Any exception granted by the
Board shall not result in an annoyance or detriment to neighboring Lot Homeowners.
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7.16 Energy Conservation Equipment. No solar energy collector panels or attendant
hardware or other energy conservation equipment shall be constructed or installed unless they
are an integral and harmonious part of the architectural design of a structure, as determined in the
sole discretion of the Board.
7.17 Exterior Security Devices. No exterior security devices, including, without
limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or
the exterior of the residence stating that such residence is protected by a security system shall not
be deemed to constitute an exterior security device.
7.18 Drainal4e Easements and Common Property. Drainage Easements established
on the face of the recorded plat for the Community and which apply to individual Lots shall be
subject to the restrictions contained on the face of said plat, to any other governmental
regulations applicable to such easements and to any additional restrictions which may be placed
on said easements. Common Property of the Community shall be subject to the restrictions
contained on the face of said plat, to any other governmental regulations applicable to Common
Property, to any additional restrictions which may be placed on Common Property by easement
or deed restriction through the Declarant, and to any rules and regulations which the Board may
establish governing said Common Property.
7.19 Construction and Sale Period. So long as Declarant owns any property in the
Community for development and/or sale, the restrictions set forth in this Article 7 shall not be
applied or interpreted so as to prevent, hinder or interfere with development, construction and
sales activities of Declarant or any builder or developer approved by Declarant.
7.20 Antennas and Clotheslines. No external aerial antennas, free-standing antenna
towers, satellite reception dishes of any kind or clotheslines shall be permitted; provided,
however, satellite dishes of less than twenty-four (24) inches in diameter are permitted; provided,
the Architectural Control Committee approves the location of same. Satellite dishes greater than
twenty-four (24) inches in diameter may be allowed through written consent of the Architectural
Control Committee.
ARTICLE 8
ARCHITECTURAL CONTROL COMMITTEE
8.1 Architectural Control Committee. The Board of Directors may appoint an
Architectural Control Committee (the "Committee") of one or more persons, who may be current
members of the Board, which Committee may act for the Board to the extent set forth in this
Declaration. One member of the Architectural Control Committee shall be appointed for one (1)
year; the second member for two (2) years; the third member for three (3) years. Thereafter,
members of the Architectural Control Committee shall be appointed or selected for three-year
terms. The initial members of the Committee shall be representatives appointed by Declarant.
Committee members shall not be entitled to compensation for their services hereunder, except as
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may be determined by the Board of Directors. Declarant shall have the right and power at all
times to appoint or renew the appointment of the members of the Committee or to fill any
vacancy until the expiration of the Development Period. After the expiration of the
Development Period, the Board shall have the power to appoint and remove the members of the
Committee.
8.2 Jurisdiction and Purpose. The Committee shall have the right to review and
thereby either approve or reject all plans and specifications for any building or structure to be
constructed or modified within the properties which do not conform to the architectural
guidelines. Enforcement of these covenants shall be carried out by the Board of Directors of the
Association.
8.2.1 No building shall be erected, placed or altered on any Lot building site
until the building plans, specifications, plat plan and landscape plans are submitted by the Owner
or his representative to the Architectural Control Committee and found by said Committee to be
in accordance with the guidelines and the procedures established by the Committee. It shall be
the obligation of each Owner to familiarize himself with the rules, regulations and procedures of
the Committee. All costs incurred by the Committee for inspections, plan review and consulting
shall be paid for by the Association.
8.3 Approval Procedures.
8.3.1 Any approval requested of the Committee shall be requested in writing
and shall be submitted to the Association by mail unless the Committee designates a different
place to submit such plans.
8.3.2 In the event the Architectural Control Committee fails to respond to the
Owner's application and submittal with reference to proposed plans and specifications within
thirty (30) days after said plans and specifications have been submitted by the Owner in writing
to the Committee for such proposed construction, addition, alteration or change, then and in that
event, compliance will be deemed to have been granted by said Committee and formal written
approval will not be required and this provision shall be deemed to have been fully complied
with. In the event an Owner enters into construction, addition, alteration or change of any
building on a building site on the properties without having first submitted in writing the
proposed plans and specifications to the Committee for such work and completes such work
without any notice of non-compliance from the Association or said Committee, then and in that
event, after the lapse of six (6) months from the completion of such work with no suit or action
having been brought to enjoin the construction, addition, alteration or change or to force
compliance by change or removal of such work with this provision then approval will not be
required and this provision shall be deemed to have been fully complied with. The decision of a
majority of the members of the Committee shall be the decision of the Committee.
8.3.3 The Committee, in the discharge of its obligations hereunder and in its
deliberations, shall act objectively and fairly in making decisions concerning various plans,
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specifications, plot plan and landscape plans submitted to it by various Owners for consideration.
Further, the determinations of the Architectural Control Committee, as to non-compliance, shall
be in writing signed by the Committee and shall set forth in reasonable detail the reason of non-
compliance.
ARTICLE 9
RESTRICTIONS ON CONSTRUCTION, MAINTENANCE AND IMPROVEMENTS
9.1 Restrictions. The following restrictions are applicable to construction,
maintenance and improvements on all the residential properties:
9.1.1 No fence, hedge, wall or other structure including but not limited to
storage sheds, shall be commenced, erected or maintained upon the properties, nor shall any
exterior addition to or change or alteration therein be made until the plans and specifications
showing the nature, kind, shape, height, color, materials and location of the same have been
submitted to and approved in writing as to the harmony of external design and location in
relation to surrounding structures and topography by the Committee.
9.1.2 All roofing materials shall be approved by the Committee.
9.1.3 All driveways shall be constructed of aggregate concrete, unless
approved for use of other material as granted by the Committee.
9.2 Right of Entry of Association Representative. Any agent or officer of the
Association may at any reasonable pre -determined hour or hours upon twenty-four (24) hours
notice during construction or exterior remodeling, enter and inspect any of said property as to its
maintenance or improvements to determine if there has been compliance with the provisions
hereof. The Association and any agent or officer thereof shall not thereby be deemed guilty of
any manner of trespass for such entry or inspection.
9.3 Evidence of Compliance with Restrictions. Records of the Association with
respect to compliance with the provisions of this Declaration shall be conclusive evidence as to
all matters shown by such records. After the expiration of six (6) months following the
completion of any construction, addition, alteration or change to any building on a building site,
in the absence of any notice to comply or in the absence of any suit to enjoin such work or to
force compliance by change or removal of such work within said period, then and in that event
said structure or work, improvement or alteration shall be deemed to be in compliance with the
provisions of this Declaration.
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ARTICLE 10
INSURANCE AND CASUALTY LOSSES
10.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the
Association shall have the authority to and shall obtain or cause to be obtained insurance as
follows:
10.1.1 The Board shall obtain a public liability policy applicable to the
Common Property covering the Association and its members for all damage or injury caused by
the negligence of the Association or any of its members or agents, and, if reasonably available,
directors' and officers' liability insurance. The public liability policy shall have a combined
single limit of at least One Million Dollars ($1,000,000.00).
10.1.2 The Board is hereby authorized to contract with or otherwise arrange to
obtain the insurance coverage required hereunder through the Declarant and to reimburse
Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase
such insurance coverage for the benefit of the Association and the Homeowners upon Declarant
and the Association agreeing upon the terms and conditions applicable to reimbursement by the
Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding
anything contained in this Declaration to the contrary, the Board shall not be required to comply
with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain
the required insurance coverage through the Declarant.
10.1.3 Premiums for all insurance shall be common expenses of the
Association. The policies may contain a reasonable deductible, and the amount thereof shall not
be subtracted from the face amount of the policy in determining whether the insurance at least
equals the full replacement cost.
10.1.4 In the event insurance premiums in connection with the insurance
required by this Article 10 become prohibitive, in the judgment of the Board, the Board may with
approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the
required insurance, self -insure itself, or discontinue the insurance all together.
10.2 Policy Requirements. All such insurance coverage obtained by the Board of
Directors shall be written in the name of the Association, as trustee for the respective benefited
parties. Such insurance shall be governed by the provisions hereinafter set forth:
10.2.1 All policies shall be written with a company authorized to do business in
the State of Washington.
10.2.2 In no event shall the insurance coverage obtained and maintained by the
Association's Board of Directors hereunder be brought into contribution with insurance
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purchased by individual Homeowners, Occupants, or their Mortgagees, and the insurance carried
by the Association shall be primary.
10.3 Damage and Destruction --Insured by Homeowners. The damage or
destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be
repaired by the Owner thereof within ninety (90) days after such damage or destruction or, where
repairs cannot be completed within ninety (90) days, they shall be commenced within such
period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may
elect to demolish all improvements on the Lot and remove all debris therefrom within ninety (90)
days after such damage or destruction. In the event of noncompliance with this provision, the
Board of Directors shall have all enforcement powers specified herein.
10.4 Insurance Deductible. The deductible for any casualty insurance policy carried
by the Association shall, in the event of damage or destruction, be allocated among the Persons
who are responsible hereunder, or be a common expense of the Association.
ARTICLE 11
MORTGAGE PROVISIONS
The following provisions are for the benefit of holders of first Mortgages on Lots in the
Community. The provisions of this Article apply to both this Declaration and to the Bylaws,
notwithstanding any other provisions contained therein.
11.1 Notices of Action. An institutional holder, insurer, or guarantor of a first
Mortgage, who provides a written request to the Association (such request to state the name and
address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible
holder"), will be entitled to timely written reports as to the current status of said Lot with respect
to the following:
11.1.1 Any condemnation loss or any casualty loss which affects a material
portion of the Community or which affects any Lot on which there is a first Mortgage held,
insured, or guaranteed by such eligible holder;
11.1.2 Any delinquency in the payment of assessments or charges owed by an
Owner of a Lot subject to the Mortgage of such eligible holder.
11.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be
construed as giving any Owner or other party priority over any rights of the first Mortgagee of
any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards
for losses to or a taking of the Common Property.
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11.3 Notice to Association. Upon request, each Lot Owner shall be obligated to
furnish to the Association the name and address of the holder of any Mortgagee encumbering
such Owner's Lot.
11.4 Applicability of Article 11. Nothing contained in this Article shall be construed
to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or
Washington law for any of the acts set out in this Article.
ARTICLE 12
EASEMENTS
12.1 Easements for Use and Enjoyment. Every Owner of a Lot shall have a right
and easement of ingress and egress, use and enjoyment in and to the Common Property which
shall be appurtenant to and shall pass with the title to each Lot, subject to the following
provisions:
12.1.1 The right of the Association to suspend the voting rights of an Owner
and the right of an Owner to use the recreational facilities available for use by the Community, if
any, for any period during which any assessment against such Owner's Lot which is hereby
provided for remains unpaid; and, for a reasonable period of time for an infraction of the
Declaration, Bylaws, or rules and regulations;
12.1.2 The right of the Association to borrow money for the purpose of
improving the Common Property, or any portion thereof, or for construction, repairing or
improving any facilities located or to be located thereon, and to give as security for the payment
of any such loan a Mortgage conveying all or any portion of the Common Property; provided,
however, the lien and encumbrance of any such Mortgage given by the Association shall be
subject and subordinate to any rights, interests, options, easements and privileges herein reserved
or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any
Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering
any Lot or other property located within the Community; and 12.1.3 The right of
the Association to dedicate or transfer all or any portion of the Common Property subject to such
conditions as may be agreed to by the individual Lot Owners and Members of the Association,
and real property secured lenders, in accordance with the Plat dedication and restrictions. No
such dedication or transfer shall be effective unless an instrument agreeing to such dedication or
transfer has been approved by the affirmative vote of (75%) of all Lot Owners and Members of
the Association and real property secured lenders with an interest therein; provided however that
during the Development Period, Declarant may, on its sole signature, dedicate or transfer
portions of the Common Property, including without limitation adjustment of the Plat or
Community Property Boundary with adjoining property owned by utilities or governmental
agencies so long as such transfer or dedication does not materially and adversely affect the
Association or any Lot Owner. During the Development Period, Declarant may also, on its sole
signature, dedicate or transfer Common Property consisting primarily of utility systems to be
owned and maintained by said utility jurisdictions.
12.2 Delegation of Owner's Rights. Any Lot Owner may delegate such Owner's
right of use and enjoyment in and to the Common Property and facilities located thereon to the
members of such Owner's family and to such Owner's tenants and guests and shall be deemed to
have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased.
12.3 Easement for Entry. In addition to the right of the Board to exercise self-help as
provided in Section 14.2, hereof, the Board shall have the right, but shall not be obligated, to
enter upon any property within the Community for emergency, security, and safety reasons,
which right may be exercised by police officers, fire fighters, ambulance personnel, and similar
emergency personnel in the performance of their respective duties. Except in an emergency
situation, entry shall only be during reasonable hours and after notice to the Owner, and the
entering party shall be responsible for any damage caused. This right of entry shall include the
right of the Board to enter to cure any condition which may increase the possibility of a fire,
slope erosion, or other hazard in the event an Owner or Occupant fails or refuses to cure the
condition upon request by the Board.
12.4 Easement for Entry Features. There is hereby reserved to the Declarant and the
Association an easement for ingress, egress, installation, construction, landscaping and
maintenance of entry sign features and similar street-scapes for the Community, if any, as more
fully described on the recorded subdivision plats for the Community or any other recorded
instrument, easement or conveyance. The easement and right herein reserved shall include the
right to cut, remove and plant trees, shrubbery, flowers and other- vegetation around such entry
features and the right to grade the land under and around such entry features.
ARTICLE 13
RIGHTS OF DECLARANT DURING DEVELOPMENT PERIOD
13.1 Addition of Property. During the Development Period as defined in Section
1.1.8 of this Declaration, Declarant shall have the right to file an amendment to this Declaration
signed solely by Declarant subjecting additional property to the terms of this Declaration, which
amendment may result in the addition of Common Property and the increase in maintenance
obligations. Any such amendment to this Declaration shall become effective upon recordation,
unless a later effective date is specified therein.
ARTICLE 14
GENERAL PROVISIONS
14.1 Enforcement. Each Owner and Occupant shall comply strictly with the
Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully
20
amended or modified from time to time, and with the covenants, conditions, and restrictions set
forth in this Declaration and in the deed to such Owner's Lot, if any. The Board of Directors
may impose fines or other sanctions, which shall be collected as provided herein for the
collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and
regulations shall be grounds for an action to recover sums due for damages or injunctive relief,
or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper
case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the
foregoing shall in no event be deemed a waiver of the right to do so thereafter.
14.2 Self -Help. In addition to any other remedies provided for herein, the Association
or its duly authorized agent shall have the power to enter upon any Lot or any other portion of
the Community to abate or remove, any structure, thing, or condition which violates this
Declaration, the Bylaws, or the Association's rules and regulations. Unless an emergency
situation exists, the Board shall give the violating Owner ten (10) days written notice of its intent
to exercise self-help. Notwithstanding the foregoing, vehicles may be towed after reasonable
notice. All costs of self-help, including, without limitation, reasonable attorneys' fees actually
incurred, shall be assessed against the violating Owner and shall be collected as provided for
herein for the collection of assessments.
14.3 Duration. This Declaration shall run with and bind the Community, and shall
inure to the benefit of and shall be enforceable by the Association or any Owner, their respective
legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law;
provided, however, so long as and to the extent that Washington law limits the period during
which covenants restricting land to certain uses may run, any provisions of this Declaration
affected thereby shall run with and bind the land so long as permitted by such law, after which
time, any such provision shall be (a) automatically extended (to the extent allowed by applicable
law) for successive periods of ten (10) years, unless a written instrument reflecting disapproval
signed by the then Homeowners of at least two-thirds (2/3) of the Lots and the Declarant (so long
as the Declarant owns any property for development and/or sale in the Community) has been
recorded within the year immediately preceding the beginning of a ten (10) year renewal period
agreeing to change such provisions, in whole or in part, or to terminate the same, in which case
this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as
otherwise provided by law. Every purchaser or grantee of any interest (including, without
limitation, a security interest) in any real property subject to this Declaration, by acceptance of a
deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may
be extended and renewed as provided in this Section.
14.4 Amendments. In addition to the amendment rights of Declarant set forth in
Section 13.1 of this Declaration, this Declaration may also be amended upon the affirmative vote
or written consent, or any combination thereof, of the Homeowners of at least seventy-five
percent (75%) of the Total Association Vote and the consent of Declarant (so long as the
Declarant owns any property for development and/or sale in the Community). Amendments to
this Declaration shall become effective upon recordation, unless a later effective date is specified
therein.
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14.5 Gender and Grammar. The singular, wherever used herein, shall be construed
to mean the plural, when applicable, and the use of the masculine pronoun shall include the
neuter and feminine.
14.6 Severability. Whenever possible, each provision of this Declaration shall be
interpreted in such manner as to be effective and valid, but if the application of any provision of
this Declaration to any person or to any property shall be prohibited or held invalid, such
prohibition or invalidity shall not affect any other provision or the application of any provision
which can be given effect without the invalid provision or application, and, to this end, the
provisions of this Declaration are declared to be severable.
14.7 Captions. The captions of each Article and Section hereof, as to the contents of
each Article and Section, are inserted only for convenience and are in no way to be construed as
defining, limiting, extending, or otherwise modifying or adding to the particular Article or
Section to which they refer.
14.8 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions
of this Declaration shall be unlawful, void, or voidable for violation of the rule against
perpetuities, then such provisions shall continue only until twenty-one (21) years after the death
of the last survivor of the now living descendants of the individual signing this Declaration.
14.9 Indemnification. To the fullest extent allowed by applicable Washington law,
the Association shall indemnify every officer and director against any and all expenses,
including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any
officer or director in connection with any action, suit, or other proceeding (including settlement
of any suit or proceeding, if approved by the then Board of Directors) to which such officer or
director may be a party by reason of being or having been an officer or director. The officers and
directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their
own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and
directors shall have no personal liability with respect to any contract or other commitment made
by them, in good faith, on behalf of the Association (except to the extent that such officers or
directors may also be members of the Association), and the Association shall indemnify and
forever hold each such officer and director free and harmless against any and all liability to
others on account of any such contract or commitment. Any right to indemnification provided
for herein shall not be exclusive of any other rights to which any officer or director, or former
officer or director, may be entitled. The Association may, at the discretion of the Board,
maintain adequate general liability and officers' and directors' liability insurance to fund this
obligation, if such coverage is reasonably available.
14.10 Inspection of Books and Records. This Declaration, the Bylaws, copies of rules
and use regulations, membership register, books of account, and minutes of meetings of the
members of the Board and of committees shall be made available for inspection and copying by
any member of the Association or by the duly appointed representative of any member and by
22
holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose
reasonably related to such person's interest as a member or holder, insurer, or guarantor of a first
Mortgage at the office of the Association or at such other reasonable place as the Board shall
prescribe.
14.10.1 Every director shall have the absolute right at any reasonable time to
inspect all books, records, and documents of the Association and the physical properties owned
or controlled by the Association. The right of inspection by a director includes the right to make
extra copies of documents at the reasonable expense of the Association.
14.11 Financial Review. A review of the books and records of the Association shall be
made annually in the manner as the Board of Directors may decide, provided, however, after
having received the Board's financial statements at the annual meeting, by a majority of the
Total Association Vote, the Homeowners may require that the accounts of the Association be
audited as a common expense by a certified public accountant. Upon written request of any
institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall
be entitled to receive a copy of audited financial statements within ninety (90) days of the date of
the request.
14.12 Litigation. No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by at least seventy-five percent (75%) of the
Total Association Vote. This Section shall not apply, however, to (i) actions brought by the
Association to enforce the provisions of this Declaration (including, without limitation, the
foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 5
hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counter -claims
brought by the Association in proceedings instituted against it. This Section shall not be
amended unless such amendment is approved by the same percentage votes, and pursuant to the
same procedures, necessary to institute proceedings as provided above.
Executed the day and year first above written.
STATE OF WASHINGTON )
): ss
COUNTY OF SNOHOMISH )
F01'9•_ Oh:_►
MIETZNER BROTHERS PROPERTIES, LLC
a Washington limited liability company
By:
Mic ael S. Mietzner, Managing Member
23
On this day personally appeared before me, Michael S. Mietzner, to me lalown to be a
Managing Member of Mietzner Brothers Properties, LLC, and acknowledged the said instrument to
be the free and voluntary act and deed of said limited liability company, for the uses and purposes
therein mentioned, and stated that he was authorized to execute the said instrument as such member.
GIVEN under my hand and official seal this s2)4 day of April, 2021.
vP � ON
U?otAR� �,�Z
[print name]
11
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NOTARY PUBLIC in and for the State of
Washington, residing at ey�
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My commission expires ,
24
EXHIBIT A
(Legal Description)
Parcel A:
East half of Lot 2, Except the South 150 feet of East 55 feet thereof, West half of Lot 1, Except
the South 150 feet thereof; all in Block 31, Hanbury's Sound View Tracts, according to the Plat
thereof recorded in Volume 7 of Plats, page 20, records of Snohomish County, Washington.
Situate in the County of Snohomish, State of Washington.
Parcel B:
The South 150 feet of the West half of Lot 1, Block 31, Hanbury's Sound View Tracts,
according to the Plat thereof recorded in Volume 7 of Plats, page 20, records of Snohomish
County, Washington; Except the West 10 feet thereof.
Situate in the County of Snohomish, State of Washington.
Parcel C:
All that portion of Lots 1 and 2, Block 31, Hanbury's Sound View Tracts, according to the Plat
thereof recorded in Volume 7 of Plats, page 20, records of Snohomish County, Washington,
described as follows: Beginning at the Southwest corner of Lot 1, Block 31; thence East 10 feet;
thence North parallel with the West line of said Lot 1 for 150 feet; thence West parallel with the
South line of said Lots 1 and 2 for 65 feet; thence South parallel with the East line of said Lot 2
for 150 feet; thence East along the South line for 55 feet to the Point of Beginning.
Situate in the County of Snohomish, State of Washington;
25