DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS
DECLARATION, made an the date hereinafter set forth by OAKBROOK TOWNHOUSES, INC., a Washington nonprofit corporation,
WITHESSETH:
WHEREAS,
Association and members are owners of certain property in Pierce County,
Washington, more particularly described as:
A
plat of Oakbrook Townhouses, records of Pierce County, Washington, being a
replat of a subdivision of Lots 1 through 21, Block 8, Oakbrook 4th Addition as
recorded in Volume 31, pages 52 to 60, records of Pierce County.
In
addition, that part of the north half of SECTION 27, Township 20 North Range 2
East. W. M., described as follows:
Beginning
at the most easterly corner of the plat of Oakbrook Townhouses, according to
plat recorded in Book 34 of Plats at pages 55 and 56, thence due north to the
center line of Chambers Creek; thence southwesterly following the center line
of Chambers Creek, to a point which is due north of the most westerly corner of
said Oakbrook Townhouses; thence easterly along the northerly line of said
Oakbrook Townhouses to the point of beginning.
ANO
WHEREAS, twenty-one years have passed since the original version of this
document was filed and the developer, United Homes Corporation, has no further
interest in said property. The present Association and members hereby amend this
document.
NOW,
THEREFORE, Association and members hereby declare that all of the properties
described above shall be held, sold and conveyed subject to the following
easements, restrictions, covenants, and conditions, all of which are for the
purpose of enhancing and protecting the value, desirability, and attractiveness
of the real property. These easements,
covenants, restrictions, and conditions shall run with the real property and
shall be binding on all parties having or acquiring any right, title or
interest in the described properties or any part thereof, and shall inure to
the benefit of each owner thereof.
Furthermore,
this Association was formed APRIL 11, 1968, prior to the enactment of certain
laws of the State of Washington relating to condominiums or townhouse
associations.
This
Association was formed as a nonprofit corporation under the laws of the State
of Washington and continues to operate in accordance with those laws.
The
members of this Association choose not to be governed or regulated by any other
laws of the State of Washington relative to condominium townhouse associations.
The
members of this Association acknowledge that certain provisions of the RCW as
enacted by Chapter 43, Washington Laws of 1989, specifically apply to the
operations of this Association even though this Association was formed prior to
that enactment. The sections of that law that do apply to the operation are as
follows (references are to the Sections contained in Chapter 43, Washington Laws
of 1989:
1-103
(Definitions); 1-105 (Separate Titles & Taxation); 1-106 (Applicability of
Local Ordinances, Regulations, and Building Codes); 1-107 (Condemnation); 2-103
(Construction & Validity of Declaration and By Laws); 2-104 (Description of
Units); 3-102 (Powers of Unit Owners' Association) (1)(a) through (f) and (k)
through (q); 3-112 (Tort and Contract Liability); 3-117 (Lien for Assessments);
3-119 (Association Records); 4-107 (Resale of Units); 4-115 (Effect of
Violations on Rights of Action: Attorneys' Fees).
ARTICLE I
Definitions
SECTION 1.
"Association" shall mean and refer to OAKBROOK TOWNHOUSES, INC., a
Washington nonprofit corporation, its successors and assigns.
SECTION 2.
"Properties" shall mean and refer to that certain real property,
hereinbefore described, and such additions thereto as may hereafter be brought
within the jurisdiction of the Association.
SECTION 3. “Townhouse”,
"Dwelling Unit", "Lot", "Common Area". The
properties are zoned PRD (Planned Residential Development) and shall be used in
compliance with regulations established by Pierce County with respect to such a
district and the site plan for the properties heretofore approved by the
Planning Commission and the County Commissioners of Pierce County. The site
plan contemplates the erection of twelve Townhouses encompassing a total of 65
Dwelling Units. A "Townhouse" means a building containing two or more
Dwelling Units which share one or more common walls with other Dwelling Units
and with each Dwelling Unit individually occupying an individually owned Lot. A
"Dwelling Unit" means any portion of a Townhouse designed and
intended for use and occupancy as a residence by a single family. A
"Lot" shall mean any plot of land shown upon the recorded subdivision
map of the properties with the exception of the Common Area. The recorded
subdivision map of the properties shows 65 of such Lots. "Common
Area" shall mean all the properties except the Lots and is designated on
the plat of Oakbrook Townhouses as "Tract A". The Common Area is to
be owned by the Association for the common use and enjoyment of the members of
the Association.
SECTION 4. °Member° shall mean
and refer to every person or entity who holds membership in the Association.
SECTION 5. "Owner' shall
mean and refer to the record owner, whether one or more persons or entities, of
a fee simple title to any Lot, including contract sellers, but excluding those
having such interest merely as security for the performance of an obligation.
ARTICLE II
Annexation of Additional Properties
Annexation
of additional property shall require the assent of two-thirds (2/3) of the
members of the Association at a meeting duly called for the purpose. written
notice of which shall be sent to all members not less than 30 days nor more
than 60 days in advance of the meeting setting forth the purpose of the
meeting. The presence of members or of proxies entitled to cast sixty percent
(60%) of the votes of the entire membership shall constitute a quorum. If the
required quorum is not forthcoming at any meeting, another meeting may be
called, subject to the notice requirement set forth above, and the required
quorum at such subsequent meeting shall be one-half of the required quorum of
the preceding meeting. No such subsequent meeting shall be held more than 60
days following the preceding meeting. In the event that two-thirds (2/3) of the
members are not present in person or by proxy, members not present may give their
written assent to the action taken thereat.
ARTICLE Ill
Membership
Every
person or entity who is a record owner of a fee or undivided fee interest in
any Lot which is subject by covenants of record to assessment by the
Association, including contract sellers, shall be a member of the Association;
provided, however, that if any Lot is held jointly by two (2) or more persons, the
several owners of such interest shall designate one of their number as the 'Member'.
The foregoing is not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of any Lot which is
subject to assessment by the Association. Ownership of such Lot shall be the
sole qualification for membership.
ARTICLE IV
Voting Rights
Voting
shall be according to the number of Lots owned, that is, members shall be
entitled to one vote for each Lot in which they hold the interest required for
membership by Article III. When more than one person holds such interest in any
Lot, the vote for such Lot shall be exercised as they among themselves determine,
but in no event shall more than one vote be cast with respect to any Lot.
ARTICLE V
Powers of Unit Owners' Association and Property Rights
SECTION 1. The Association
may:
(a)
adopt and amend bylaws, rules, and regulations;
(b)
adopt and amend budgets for revenues, expenditures, and reserves, and impose
and collect assessments for common expenses from unit owners (wherever the term
"monthly charge" appears in this Declaration or in the By-Laws, it
shall be construed to be an assessment);
(c)
hire and discharge or contract with managing agents and other employees,
agents, and independent contractors;
(d)
institute, defend, or intervene in litigation or administrative proceedings in
it own name on behalf of itself or two or more unit owners on matters affecting
the condominiums;
(e)
make contracts and incur liabilities;
(f)
regulate the use, maintenance, repair, replacement and modification of common
elements;
(g)
impose and collect charges for late payment of assessments pursuant to SECTION
3-117(10) of Chapter 43, Washington Laws of 1989. and, after notice and an
opportunity to be heard by the Board of Trustees or by such representative
designated by the Board of Trustees and in accordance with such procedures as
provided in the Declaration or By-Laws or rules and regulations adopted by the
Board of Trustees and approved by a majority of a quorum of the members, levy
reasonable fines in accordance with a previously established schedule thereof
adopted by the Board of Trustees and furnished to the owners for violations of
the Declaration, By-Laws, and rules and regulations of the Association;
(h)
impose and collect reasonable charges for the preparation and recording of
amendments to the Declaration, resale certificates required by SECTION 4-109 of
Chapter 43, Washington Laws of 1989, and statements of unpaid assessments;
(i)
provide for the indemnification of its officers and Board of Trustees and maintain
directors'/trustees' and officers' liability insurance;
(j)
assign its right to future income, including the right to receive common
expense assessments, but only to the extent the Declaration provides;
(k)
exercise any other powers conferred by this Declaration or By-Laws;
(l)
exercise all other powers that may be exercised in this state by the same type
of corporation as the Association;
(m)
exercise any other powers necessary and proper for the governance and operation
of the Association;
(n)
to borrow money solely for Association purposes; and
(o)
acquire, hold encumber and convey in its own name any right, title, or interest
to real or personal property.
SECTION 2. Every member shall
have a right and easement of enjoyment in and to the Common Area and for
ingress and egress over and through the Common Area and such easement shall be
appurtenant to and shall pass with the title to every assessed Lot, subject to
the following provisions:
(a)
the right of the Association to limit the number of guests;
(b)
the right of the Association to charge reasonable admission and other fees for
the use of any recreational facility situated upon the Common Area;
(c)
the right of the Association to suspend the voting rights and right to use of
the recreational facilities by a member for any period during which any
assessment against his Lot remains unpaid; and far a period not to exceed 30
days for any infraction of its published rules and regulations;
(d)
the right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority, or utility for such purposes and
subject to such conditions as may be agreed to by the members. No such
dedication or transfer shall be effective unless agreed to by a vote of two-thirds
(2/3) of a quorum of the members entitled to vote at a meeting called for
making such a decision and unless written notice of the proposed action is sent
to every member not less than 30 days nor more than 60 days in advance of such
meeting. Provided, that any vote cast at such a meeting based on a proxy shall
have a clear written indication of the grantor of the proxy that he/she favors
or opposes the proposed dedication or transfer and the vote based on the proxy
shall be cast as the grantor has designated.
SECTION 3. Delegation of Use.
Any member may delegate, in accordance
with
the By-Laws, his right of enjoyment to the Common Area and facilities to the members
of his family, his tenants, or contract purchasers who reside on the property.
SECTION 4. Title to the Common
Area. The Association shall hold the Common Area in trust for the benefit and
enjoyment of the residents of the properties.
ARTICLE VI
Lien for Assessments
SECTION 1. The Association has
a lien on a unit for any unpaid assessments levied against a unit from the time
the assessment is due. Unless this declaration provides otherwise, fees, late charges,
fines and interest charged pursuant to Article V, SECTION 1(f) and (g) of this
declaration are enforceable as assessments under this section. If an assessment
is payable in installments, the Association has a lien for the full amount of
the assessment from the time the first installment thereof is due.
SECTION 2. A lien under this
section shall be prior to all other liens and encumbrances on a unit except:
(a) Liens and encumbrances recorded before the recording of this declaration;
(b) a mortgage on the unit recorded before the date on which the assessment
sought to be enforced became delinquent and (c) liens for real property taxes and
other governmental assessments or charges against the unit.
SECTION 3. Recording of this
declaration constitutes record notice and perfection of the lien for
assessments. While no further recording of any claim of lien for assessment
under this section shall be required to perfect the Association's lien, the
Association may record a notice of claim of lien for assessments under this
section in the real property records of Pierce County. Such recording shall not
constitute the written notice of delinquency to a mortgagee referred to in SECTION
2 of this Article.
SECTION 4. A lien for unpaid
assessments is extinguished unless proceedings to enforce the lien are
instituted within three years after the amount of the assessments sought to be
covered becomes due.
SECTION 5. The lien arising
under this section shall be enforced according to law.
SECTION 6. In addition to
constituting a lien on the unit, each assessment shall be the joint and several
obligation of the owner or owners of the unit to which the same are assessed as
of the time the assessment is due. Suit to recover a personal judgment for any
delinquent assessment shall be maintainable in any court of competent
jurisdiction without foreclosing or waiving the lien securing such sums.
SECTION 7. The Association may
from time to time establish reasonable late charges and a rate of interest to
be charged on all subsequent delinquent assessments or installments thereof. In
the absence of another established nonusurious rate, delinquent assessments shall
bear interest from the date of delinquency at the maximum rate permitted under
RCW 19.52.020 on the date on which the assessments became delinquent.
SECTION 8. The Association
shall be entitled to recover any costs and reasonable attorneys' fees incurred
in connection with the collection of delinquent assessments, whether or not
such collection activities result In suit being commenced or prosecuted to
judgment. In addition, the Association shall be entitled to recover costs and
reasonable attorneys' fees if it prevails an appeal and in the enforcement of a
judgment.
SECTION 9. In addition to the
collection and lien rights referred to above, the Association shall have the
right, after 10 days notice to the unit owner, to discontinue providing water
and cable television to the unit If maintenance or assessment fees are not
current. The monthly maintenance fees are used to provide water and cable to
each unit and the Association can thus exercise its right to discontinue these
services if it is not properly reimbursed by the unit owner.
SECTION 10. The Association
upon written request shall furnish to a unit owner or a mortgagee a statement
signed by an officer or authorized agent of the Association setting forth the
amount of unpaid assessments against that unit. The statement shall be
furnished within fifteen days after receipt of the request and is binding on
the Association, the Board of Trustees, and every unit owner, unless and to the
extent known by the recipient to be false.
SECTION 11. All monthly charges
and assessments must be fixed at a uniform rate for all lots.
SECTION 12. Exempt Property.
The following property subject to this Declaration shall be exempt from the
assessments or monthly charges created herein: (a) all properties dedicated to
and accepted by a local public authority; (b) all Common Area.
However,
no land or Improvements devoted to dwelling use shall be exempt from said
assessments.
ARTICLE VII
Party Walls
SECTION 1. General Rules of
Law to Apply. Each wall which is built as a part of the original construction
of the Townhouses and placed on the dividing line between Dwelling Units shall
constitute a party wall, and, to the extent not inconsistent with provisions of
this Article, the general rules of law regarding party walls and liability for
property damage due to negligence or willful acts or omissions shall apply
thereto.
SECTION 2. Sharing of Repair
and Maintenance. The cost of reasonable repair and maintenance of a party wall
shall be shared by the Owners who make use of the wail in proportion to such
use.
SECTION 3. Destruction by Fire
or Other Casualty. If a party wall is destroyed or damaged by fire or other
casualty, any Owner who has used the wall may restore it, and if the other
Owner(s) thereafter make use of the wall, they shall contribute to the cost of
restoration thereof in proportion to such use without prejudice; however, to
the right of any such Owner(s) to call for a larger contribution from the
others under any rule of law regarding liability for negligent or willful acts
or omissions.
SECTION 4. Weatherproofing.
Not withstanding any other provision of this Article, an owner who by his/her
negligent or willful act causes the party wall to be exposed to the elements
shall bear the whole cost of furnishing the necessary protection against such
elements.
SECTION 5. Right to
Contribution Runs with Land. The right of any owner to contribution from any
other owner under this Article shall be appurtenant to the land and shall pass
to such Owner's successors in title.
SECTION 6. Arbitration. In the
event of any dispute arising concerning a party wall, or under the provisions
of this Article, each party shall choose one arbitrator, and such arbitrators
shall choose one additional arbitrator, and the decision shall be by a majority
of all the arbitrators.
ARTICLE VIII
Encroachments
Each
lot within the properties is hereby declared to have an easement over all
adjoining lots and the common area for the purpose of accommodating any
encroachment due to engineering errors, errors in original construction,
settlement or shifting of a Townhouse or Dwelling Unit. There shall be valid
easements for the maintenance of said encroachments so long as they shall
exist, and the rights and obligations of owners shall not be altered in any way
by said encroachment, settlement or shifting. In the event any townhouse or
dwelling unit on any lot is partially or totally destroyed and then repaired
and rebuilt substantially in accordance with the original plans thereof, the
owners of each lot agree that minor encroachments over adjoining lots and the
common area shall be permitted and that there shall be valid easements for the
maintenance of said encroachments so long as they shall exist.
ARTICLE IX
Architectural Control
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 an
Architectural Control Committee of the Board of Trustees of the Association. In
the event the Architectural Control Committee fails to approve or disapprove
such design and location within 30 days after said plans and specifications
have been submitted to it, approval will not be required and this Article will
be deemed to have been fully complied with.
ARTICLE X
Exterior Maintenance
In
addition to maintenance upon the common area, the Association shall provide
exterior maintenance upon each dwelling unit which is subject to assessment or
monthly charges hereunder, as follows: paint, repair, replace and care for roofs,
gutters, downspouts, exterior building surfaces, driveways, walks, and other
exterior improvements as required by the By-Laws of the Association. Such
exterior maintenance shall not include glass surfaces.
In
the event that the need for maintenance or repair is caused through the willful
or negligent act of the owner, his family, or guests, or invitees, the cost of
such maintenance or repairs shall be added to and become a part of the
assessment or monthly charge to which such lot is subject.
ARTICLE XI
Use Restrictions
SECTION 1. None of the lots
shall be used except for residential purposes. No building shall be erected,
altered, placed or permitted to remain on any such lot other than a row or
townhouse used as a single family dwelling, and no such building shall exceed
the height above ground level specified in the original plans and
specifications for the improvements to be erected on each Lot. No building or
structure shall be built closer than three (3) feet to the front property line,
provided, that this restriction shall only apply to foundations of buildings or
structures and not to overhangs or steps.
SECTION 2. No sign or
billboard of any kind shall be displayed to the public view on any portion of the
properties or any lot, except one sign for each building site of not more than
eighteen inches by twenty-four inches advertising the property for sale or
rent.
SECTION 3. No noxious or
offensive activity shall be carried on upon any lot or any part of the
properties, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood, or which shall in any way interfere
with the quiet enjoyment of each of the owners of his/her respective dwelling
unit, or which shall in any way increase the rate of insurance.
SECTION 4. No structure of a
temporary character, trailer, basement, tent, shack, garage, barn, or other
outbuildings shall be used on any lot at any time as a residence, either
temporarily or permanently. No trailer, camper, boat, recreational vehicle, truck
larger than one (1) ton or similar equipment shall be permitted to remain upon
any property within the properties, unless placed or maintained within an
enclosed garage.
SECTION 5. No animals or fowl
shall be raised, kept or permitted upon the properties or any part thereof,
excepting only domestic dogs or cats and excepting caged pet birds kept within
the dwelling unit, provided, said dogs, cats and pet birds are not kept, bred,
or raised for commercial purposes or in unreasonable numbers. Any dispute as to
the raising or keeping of domestic dogs, cats or caged pet birds shall be
submitted to the Association Trustees, and the decision of the Trustees in such
matters shall be final.
SECTION 6. No dwelling unit
shall be rented for transient or hotel purposes, which shall be defined as
rental for any period less than thirty (30) days.
SECTION 7. The Trustees of the
Association shall have jurisdiction over activities permitted in the common
area. All disputes and complaints regarding such use will be submitted to the
Trustees for arbitration. The judgment of the Trustees shall be final and
binding as to all parties concerned.
SECTION 8. All rubbish, trash
and garbage shall be regularly removed from the properties and shall not be
allowed to accumulate thereon. All clotheslines, refuse containers, wood piles,
storage areas and machinery and equipment shall be prohibited upon any lot,
unless obscured from view of adjoining lots and streets by a fence or appropriate
screen approved by the Architectural Control Committee. Costs for removal of
any rubbish, trash and garbage generated by the owner of any lot shall be borne
by such owner.
SECTION 9. Each owner of a lot
shall pay any real or personal property taxes or charges assessed against his
respective lot, and the utility charges for said lot, all costs of maintaining
said lot and his dwelling unit except for the exterior thereof.
SECTION 10. Installation of
outside antennas or similar devices is prohibited.
ARTICLE XII
Easements
Utility
easements are reserved as shown on the recorded plat of Oakbrook Townhouses.
Additional easements for installation, maintenance, repair and replacement of
utilities (including sanitary sewer and water, electricity, gas, telephone and
master TV antennas) and drainage facilities as originally installed are hereby
reserved.
The
rights and duties of the owners of lots within the properties with respect to
utilities and drainage facilities shall be governed by the following:
(a)
Whenever utility and drainage lines are installed within the properties, which
connections or any portions thereof lie in or upon lots or dwelling units owned
by others than the owner of a lot or dwelling unit served by said connections,
the owners of any lot or dwelling unit served by said connection shall have the
full right, and are hereby granted an easement to the full extent necessary
therefor, to enter upon lots and dwelling units or to have the utility
companies or the Association enter upon the lots or dwelling units within the
properties in or upon which said connections, or any portion thereof, lie, to
repair, replace and generally maintain said connections as and when the same may
be necessary as set forth below.
(b)
utility or drainage lines installed within the properties, which connections
serve more than one lot or dwelling unit, the owner of each lot or dwelling
unit served by said connection shall be entitled to the full use and enjoyment
of such portions of said connections as service his lot or dwelling unit; and
(c)
In the event of a dispute between owners with respect to the repair or
rebuilding of said connections or with respect to the sharing of the cost
thereof, then upon written request of one of such owners addressed to the
Association, the matter shall be submitted to the Board of Trustees who shall
decide the dispute and make an assessment against any or all of the owners
involved, which shall constitute an assessment within the meaning of Article VI
hereof.
ARTICLE XIII
Obligation by Owners To Repair or Rebuild Unit
In
the event a dwelling unit is damaged or destroyed the owner shall be obligated
to repair such damage or rebuild said dwelling unit. Insurance funds and
Association funds available will be used for that purpose and to the extent they
are available.
The
exterior is to be restored to the condition that existed prior to the damage or
destruction.
The
interior of the unit will be repaired or rebuilt so that it is as habitable as
it was prior to the damage or destruction. The owner need not replace the same
floor plan that existed previously, but the new floor plan must be such that it
wit not depreciate the market value of the unit.
The
Architectural Control Committee shall approve, in writing, all repairs and
reconstruction prior to commencement of work.
ARTICLE XIV
General Provisions
SECTION 1. Enforcement. The
Association, or any owner shall have the right to enforce, by any proceeding at
law or in equity, all restrictions, conditions, covenants, reservations, liens
and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association or by 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 2. 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.
SECTION 3. Amendment. The
covenants and restrictions of the Declaration shall run with the land, and
shall inure to the benefit of and be enforceable by Association, or the owner
of any lot subject to the Declaration, their respective legal representatives,
heirs, successors and assigns. The covenants and restrictions of this
Declaration may be amended by a vote of at least two-thirds (2/3) of a quorum
at a meeting called for that purpose by written notice to all owners at least
thirty (30) days and not more than sixty (60) days in advance of such meeting.
Any amendment hereof must be legally recorded.
SECTION 4. Insurance. The
Association shall provide insurance for protection against such risks as are
provided in the By-Laws.
SECTION 5. Arbitration. It is
the intent of the Association and its members to pursue private out of court
dispute resolution whereby the Association or any member having any type of
claim, grievance, demand, cause of action or dispute of any kind arising out of
the maintenance, ownership, occupancy, management, use or habitation of any
member's lot or dwelling unit against the Association, another dwelling unit
owner, purchaser, or tenant may submit that claim or grievance to final and binding
arbitration as specified in the By-Laws. The availability of such dispute
resolution programs is discussed in the By-Laws, however, the preference for
such means of dispute resolution shall not prohibit other forms of legal action
by either the Association or its individual owners or authorized residents if
arbitration is not deemed feasible.
(All
costs of arbitration, mediation or legal action shall be borne by the loosing
party, entitling the prevailing party to reasonable costs and attorney's fees
in connection with the action.)
SECTION 6. All provisions of
the Declarations and By-Laws are severable. In the event of any conflict
between the provisions of the Declaration and the provisions of the By-laws,
the provisions of the Declaration will control so long as those provisions are
not inconsistent with law.
IN
WITNESS WHEREOF, the undersigned, being the Vice President, Board of Trustees,
has hereunto set his hand and seal this 20th day of April, 1991.
OAKBROOK
TOWNHOUSES, INC.
/s/
DANIEL
R. COMSIA, Vice President
Notarized
by Lois Agrelius, Notary
April
20, 1991
No comments:
Post a Comment