ARTICLE TEN - Building Use and Architectural Restrictions
Section One: Development Period The Developer hereby reserves the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the Development Period This reserved right shall automatically terminate at the end of the Development Period, or when the reserved right is relinquished to the Board of Directors or the ACC of the Association.
Section Two: Authority of ACC After Development At the expiration of the Developer's management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the authority granted to the ACC by this Declaration.
Section Three: Delegation of Authority of ACC The ACC or the Developer may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation.
Section Four: Appointment of ACC The Board shall appoint the members of the ACC There shall be three members of the ACC, chosen in the manner described in the Articles and Bylaws of the Association If the Board fails to appoint the members of the ACC, or the members of the ACC resign and no replacements assume the office, the Board shall act as the ACC until members of the ACC are appointed and take office.
Section Five: Approval by ACC Required Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained.
- Time Limits If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC, or by mail three days after deposit in the U S Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment issued by the Board, or at such other address as is designated by the Board by written notice to the Members.
- Guidelines The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property If such guidelines are adopted, they shall be available to all interested parties upon request.
- Meetings The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise.
- No Waiver Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval.
- Consultation The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for review.
- Appeals After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board The Board may choose, in its discretion, to limit the scope of such appeals and provide time limitations for appeals to be made to the Board.
- Enforcement The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC Legal proceedings may only be instituted, however, after approval of the Board.
- No Liability The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC.
- Fees The ACC may charge a fee for the review of any matter submitted to it Any fee schedule adopted by the ACC must be approved by the Board.
Section Six: Temporary Structures Prohibited No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC.
Section Seven: Nuisances No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained If the ACC shall determine that a thing or use of property is undesirable or noxious, such determination shall be conclusive The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64 38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance.
Section Eight: Limitation on Animals No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration.
Section Nine: Limitation on Signs No sign of any kind shall be displayed to public view on any Lot, except one sign, not to exceed 24 inches by 24 inches, advertising the Lot (where posted) for sale or rent by the Owner, or the Owner's agent In addition to other rights reserved to the Developer in the Declaration, the Developer hereby reserves for itself so long as it owns any Lot, the right to maintain upon the property such signs as in the opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative, or the Developer.
Section Ten: Completion of Construction Protects The work of construction of all building and structures shall be pursued diligently and continuously from commencement of construction until the structures are fully completed and painted All structures shall be completed as to external appearance, including finish painting, within eight months of the date of commencement of construction, except such construction as is performed by the Developer, which shall be exempt from the limitations contained in this Section Front yard landscaping must be completed within 90 days of completion of a Housing Unit, and rear yard landscaping must be completed within one year of completion of a Housing Unit Except with the approval of the ACC, no person shall reside on the premises of any lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed.
Section Eleven: Unsightly Conditions No unsightly conditions shall be permitted to exist on any Lot Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris, inappropriate, broken or damaged furniture or plants, nondecorative gear, equipment, cans, bottles, ladders, trash barrels and other such items, and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained from the ACC.
Section Twelve: Antennas, Satellite Reception Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties with ACC approval of the location of the satellite dish in the manner described in Article Ten, Section Five Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home without approval of the ACC obtained pursuant to Article Ten, Section Five, and a showing by the Owner that such installation will be visually shielded from most of the view of the residents traveling upon streets located on the Properties.
Section Thirteen: Setbacks No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the miniver! building setback lines adopted by the governmental authority with jurisdiction over the Properties.
Section Fourteen: Roofs The roofing on all buildings shall be an architectural composition roof with at least a 25-year life More than one type of material may be approved by the ACC or its authorized representatives.
Section Fifteen: Fences, Walls In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the ACC The design and color of any fence on the properties shall be constructed according to the standard fence detail. See Exhibit A.
Section Sixteen: Residential Use Only, Home Businesses Limited Except for Developer's temporary sales, construction offices and model homes, no Lot shall be used for other than one detached single-family dwelling with driveway parking for not more than three cars A trade, craft business, commercial or business or commercial activity ("Home Business") may be conducted or carried on within any building located on a Lot, provided that any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Lot and that they not be visible from the exterior of the home, nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot The provisions of this Section shall permit such Home Businesses to the extent permitted by applicable zoning laws and other government laws, regulations, rules and ordinances Nothing in this Section shall permit (1) the use of a Lot for a purpose which violates law, regulations, rules or applicable zoning codes, or (2) Home Business activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the home The Association may, from time to time, promulgate rules restricting the activities of Home Businesses located on the Properties pursuant to the authority granted to the Association under these Covenants, the Bylaws, and RCW Chapter 64 38.
Section Seventeen: Underground Utilities Required Except for any facilities or equipment provided by the Developer or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground.
Section Eighteen: Additional Restrictions (Minimum Floor Area) The floor area of the main house structure, excluding open porches and garages shall not be less than (1) 1400 square feet for a dwelling containing a single level, and (2) 1500 square feet for a dwelling containing two levels.
Section Nineteen: Enforcement The Association, or the Developer during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64 38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although an owner may not impose a fine as authorized by RCW Chapter 64 38), but the Member must first obtain order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action.
|