DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
THE MEADOWS AT LAKE SAMMAMISH
THIS DECLARATION, made this 29th day of October, 1976, by FINER HOMES, INC., a Washington corporation, hereinafter called "Developer",
WITNESSETH
WHEREAS Developer is the owner of the real property described in Article II of this declaration and desires to create thereon a residential community with permanent parks, playgrounds, open spaces, tennis courts, and other common facilities for the benefit of the said community; and
WHEREAS, Developer desires to provide for the preservation of the values and amenities of said community and for the maintenance of said parks, private streets, open spaces, playgrounds and other common facilities; and, to this end, desires to subject the real property described in Article II together with such additions as may hereafter be made thereto (as provided in Article II) to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof, and
WHEREAS, Developer has deemed it desirable for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereafter created, and
WHEREAS, Developer has incorporated under the laws of the state of Washington, as a non-profit corporation, THE SOUTH COVE HOMEOWNERS ASSOCIATION, for the purpose of exercising the functions aforesaid;
NOW, THEREFORE, the Developer declares that the real property described in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth.
ARTICLE I
Definitions
Section 1: The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:
(a) "Association" shall mean and refer to THE SOUTH COVE HOMEOWNERS ASSOCIATION.
(b) "The Properties" shall mean and refer to all such existing properties, and additions thereto, as are subject to this Declaration or any Supplemental Declaration under the provisions of Article II hereof.
(c) "Common Properties" shall mean and refer to those areas of land shown on any recorded subdivision plat of The Properties and intended to be devoted to the common use and enjoyment of the owners of The Properties.
(d) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of Common Properties as heretofore defined.
(e) "Multifamily Structure" shall mean and refer to any building containing two or more Living Units under one roof except where each living unit is situated upon its individual lot.
(f) "Owner" shall mean and refer to the record owners, whether one or more persons or entities, of the fee simple title to any Lot or Living Unit situated upon The Properties but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
(g) "Member" shall mean and refer to all those Owners who are members of the Association as provided in Article III, Section I, hereof.
ARTICLE II
Property Subject to This Declaration:
Additions Thereto
Section 1: Existing Property. The real property which is, and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in King County, Washington, and is more particularly described as follows:
The Plat of The Meadows at Lake Sammamish, according to plat recorded in Volume 101 of Plats, pages 5 & 6, records of King County, Washington,
all of which real property shall hereinafter be referred to as "Existing Property."
Section 2: Additions to Existing Property. Additional lands may become subject to this Declaration in the following manner:
(a) Addition of Contiguous Divisions. Upon the recording of contiguous division plats of THE MEADOWS AT LAKE SAMMAMISH by the Developer, said additional divisions shall automatically become subject to this Declaration at the date of filing with the King County recorder.
(b) Additions Upon Approval. Upon approval in writing of the Association pursuant to a vote of its members as provided in its Articles of Incorporation, the owner of any property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and Restrictions.
(c) Mergers. Upon a merger or consolidation of the Association with another association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Existing Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Existing Property except as hereinafter provided.
ARTICLE III
Residential Area Covenants
Section 1: Land Use and Building Type. All building sites in the tract, excluding that area denominated "Park" on the plat, shall be known and described as residential building sites. No structures shall be erected, altered, placed or permitted to remain on any building site other than one detached single family dwelling not to exceed two and one-half (2 1/2) stories in height, a private garage for not more than three (3) cars, guest house, and other outbuildings incidental to residential use of the premises.
Section 2: Building Location. 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 shown on the recorded plat. In any event. no building shall be located on any lot nearer than 20 feet to the front lot line, or nearer than 10 feet to any side street line. No building shall be located nearer than 5 feet to an interior lot line. For the purposes of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
Section 3: Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five feet and the side two and one-half feet of each lot. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
Section 4: Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
Section 5: Temporary Structures. No structure of a temporary character, trailer, basement, tent shack, garage barn or any other outbuilding shall be used on any lot at any time as a residence for a period longer than fourteen (14) days.
Section 6: Dwelling Size. Any dwelling or structure erected or placed on any lot in this subdivision shall be completed as to external appearance including finish painting, within nine(9) months from date of start of construction except for reasons beyond control in which case a longer period may be permitted.
Section 7: Signs. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one (1) square foot, one sign of not more than five (5) feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.
Section 8: Animals and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.
Section 9: Garbage. No lot shall be used or maintained as a dumping ground for rubbish or trash. Garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
Section 10: Fences. No fence, wall, or hedge shall be permitted to extend nearer to any street than the minimum setback line, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than two (2) feet above the finished grade at the back of said retaining wall. Exemptions to this paragraph may be granted by the procedure specified in Article IV (Architectural Control Committee).
Section 11: Oil and Mining Operations. Oil drilling, oil development operations, refining, mining operations of any kind, or quarrying shall not be permitted upon or in any of the building sites in the tract described herein, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any of the building sites covered by these covenants.
Section 12: Planting Islands. The maintenance of the plantings and landscaping in the planting islands shall be the responsibility of the abutting lot owners.
Section 13: Covenants Running with Land. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then-owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
Section 14: Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damage.
Section 15: Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
ARTICLE IV
Architectural Control Committee
No building, fence, wall or other structure 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, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board.
The initial Architectural Control Committee shall be composed of the following: FRED H. BURNSTEAD, 12353 N.E. 37th, Bellevue, Washington 98305 (747-5460); GARY THOMAS NASH, 5835 - 108th Ave. N.E., Kirkland, Washington 98033 (827-4207); JOHN J. SCNEIDER, 12224 N.E. 39th, Bellevue, Washington 98005(885-2183).
A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for service performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers or duties.
The committee's approval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve within thirty (30) days after plans and specifications have been submitted, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
Notwithstanding any of the above provisions to the contrary, it is intended that the initial Architectural Control Committee shall remain in office until the happening of the earlier of the following events:
(a) when the Developer, FINER HOMES, INC., has completed all phases of construction and development of the plat of THE MEADOWS AT LAKE SAMMAMISH, including its several divisions thereof; or
(b) on the 1st day of January, 1982.
Upon the happening of either of the above referenced events, the authority of the Architectural Control Committee shall automatically transfer to the SOUTH COVE HOMOWNERS ASSOCIATION, a non-profit corporation, for the designation of such new committee members as provided hereinabove by the Board of Directors of said corporation.
ARTICLE V
Property Rights in Common Properties
Section 1: Members' Easements of Enjoyment. Subject to the provision of Section 3 below, every member shall have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title to every Lot.
Section 2: Title to Common Properties. The Developer may retain the legal title to the Common Properties until such time as it has completed improvements thereon and until such time as, in the opinion of the Developer, the Association is able to maintain the same, but notwithstanding any provision herein, the Developer hereby covenants, for itself, its heirs and assigns, that it shall convey the Common Properties to the Association not later than the 1st day of January, 1982.
Section 3: Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following:
a) The right of the Developer and of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Properties and in aid thereof to mortgage said properties. In the event of a default upon any such mortgage the lender shall have a right, after taking Possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied, whereupon the possession of such properties shall be returned to the Association and all rights of the Members hereunder shall be fully restored; and
(b) the right of the Association to take such steps as are reasonably necessary to protect the above described properties against foreclosure; and
(c) the right of the Association, as provided in it Articles and Bylaws, to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and
(d) the right of the Association to charge reasonable admission and other fees for the use of the Common Properties; and
(e) the right of the Association to donate all operating and capital surpluses in excess of anticipated maintenance, replacement and capital improvement requirements to qualified public and private charitable uses; and
(f) the right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes of each class of membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action there under is sent to every member at least ninety (90) days in advance of any action taken.
ARTICLE VI
Covenant for Maintenance Assessments
Section 1.. Creation of the Lien and Personal Obligation of Assessments. The Developer for each Lot owned by it within The Properties hereby covenants and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.
Section 2: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health safety and welfare of the residents in The Properties and in particular for the improvement and the maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties and of the homes situated upon The Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management, and supervision thereof.
Section 3: Basis and Maximum of Annual Assessments. The initial annual assessment shall be $25.00 per year per Lot. From and after January 1, 1978, the annual assessment may be increased by vote of the members, as hereinafter provided, for the next succeeding three (3) years and at the end of each such period of three (3) years for each succeeding period of three (3) years.
The Board of Directors of the Association may, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any year at a lesser amount.
Section 4: Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 above, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting.
Section 5: Change in Basis and Maximum of Annual Assessments. Subject to the limitations of Section 3 hereof, and for the periods therein specified, the Association may change the maximum and basis of the assessments fixed by Section 3 hereof prospectively for any such period provided that any such change shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting, provided further that the limitations of Section 3 hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation and under Article II, Section 2 (c) hereof.
Section 6: Quorum. for any Action Authorized Under .Sections 4 and 5. The quorum required for any action authorized by Section3 4 and 5 hereof shall be as follows:
At the first meeting called, as provided in Section 4 and Section 5 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty (60) percent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to notice requirement set forth in Sections 4 and 5, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 7: Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Directors of the Association to be the date of commencement.
The first annual assessments shall be made for the balance of the calendar year and shall become due and payable on the day fixed for commencement. The assessments for any year, after the first year, shall become due and payable on the first day of November of said year.
The amount of the annual assessment which may be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessment provided for in Section 3 hereof as the remaining number of months in that year bear to twelve. The same reduction in the amount of the assessment shall apply to the first assessment levied against any property which is hereafter added to the properties now subject to assessment at a time other than the beginning of any assessment period.
The due date of any special assessment under Section 4 thereof shall be fixed in the resolution authorizing such assessment.
Section 8: Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period and at that time, prepare a roster of properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner.
Written notice of the assessment shall thereupon be sent to every Owner subject thereto.
The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 9: Effect of Non-Payment of Assessment; The Personal Obligation of the Owner; The Lien; Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 7 thereof), then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of ten (10) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien (against the property, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the Court together with the costs of the action.
Section 10: Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceedings in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.
Section 11: Exempt Property. The following property subject to this Declaration shall be exempted from the assessment charge and lien created herein:
(a) all properties to the extent of any easement or other interest therein dedicated and accepted by a local public authority and devoted to public use;
(b) all Common Properties as defined in Article I, Section 1 hereof;
(c) all properties exempted from taxation by the laws of the State of Washington, upon the terms and to the extent of such legal exemption.
Notwithstanding any provisions herein, no land or improvement devoted to dwelling use shall be exempt from said assessments, charges or liens.
ARTICLE VII
General Provisions,
Section 1: Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by The Association, or the owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then Owners of two-third (2/3) of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or in part; provided, however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken.
Section 2: Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.
Section 3: Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 4: Severability. Invalidation of any one of these covenants or restrictions by judgment or Court Order shall in no way affect any other provisions which shall remain in full force and effect.
FINER HOMES, INC.
By Fred H. Burnstead, President
By Joan K. Burnstead, Secretary
[NOTORIZED October 29th, 1976, in King County, Washington]
ADDITION TO DECLARATION OF COVENANTS AND
RESTRICTIONS FOR
THE MEADOWS AT LAKE SAMMAMISH
Recorded under auditors file 7611020301
No camper, trailer, boat or other similar item shall be openly stored upon any lot. They may be stored only in a suitably screened area. The type of screening and area selected for such storage area must be approved by the Architectural Committee. Applications for such approval shall be made and consideration given in the manner specified in Article 4.
FINER HOMES, INC.
By Fred H. Burnstead, President
[NOTORIZED April 29th, 1977, in King County, Washington]
DECLARATION OF COVENANTS AND RESTRICTIONS
THE MEADOWS AT LAKE SAMMAMISH #2
THIS DECLARATION, made this 5th day of December 1977, by BURNSTEAD CONSTRUCTION CO., a Washington corporation, hereinafter referred to as "Developer,'
W I T N E S S E T H:
Whereas, Developer's predecessor has previously executed and filed a certain Declaration of Covenants and Restrictions which is recorded under Auditor's File No. 7611020301, records of King County, Washington, with respect to certain real property described therein; and has executed and filed a certain addition to the Declaration of Covenants and Restrictions under Auditor's File No. 7705020320. records of King County, Washington1 with respect to the same real property; and
Whereas, Article II, Section 2a, thereof permits annexation of contiguous division plats to the Declaration of Covenants and Restrictions previously recorded,
NOW, THEREFORE. Developer hereby declares that The Meadows at Lake Sammamish Division No. 2, as recorded in Volume 104 of Plats, pages 45 and 46, records of King County, Washington. shall be held, sold, and conveyed subject to the covenants and restrictions and the addition thereto recorded under King County Auditor's File No.7611020301 and 7705020320. These covenants and restrictions are adopted for the purpose of enhancing and protecting the value, desirability and attractiveness of said property.
IN WITNESS WHEREOF, the Developer has executed this instrument this 5th day of December, 1977.
BURNSTEAD CONSTRUCTION CO.
Frederick H. Burnstead, President
[NOTORIZED December 5th, 1977, in King County, Washington]