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4.1 Business and Commercial Use. Except for Declarant's or builders' temporary sales offices and model homes, no Lot shall be used as a building site for other than one detached single family dwelling with parking for not more than three cars, and no trade, craft, business, profession, commercial or manufacturing upon any Lot or within any building located on a Lot; nor shall any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored, outside any building on any Lot. No goods used for private, trade or business purposes shall be kept or stored outside any building on any Lot.
4.2 Maintenance of Structures and Landscape. All structures upon any Lot shall at all times be maintained in good condition and repair and be properly painted. All trees, hedges, shrubs, flowers and lawns shall be maintained and cultivated so that the Lot is not detrimental to the neighborhood as a whole. Slope banks upon any Lot shall be properly watered and maintained by the owner thereof.
4.3 Vehicles. No recreation vehicles, including but not limited to boats, campers and trailers (whether operable or not) of any kind shall be parked, stored, maintained, or constructed on any Lot or on any street in such a manner as to be visible from the street or neighboring Lots.
4.4 Pets. No animals or fowls shall be raised, kept or permitted on any Lot excepting only domestic dogs or cats and excepting caged birds kept within the residence, provided such dogs, cats and pet birds are not permitted to run at large and are not kept, bred or raised for commercial purposes or in unreasonable numbers. No such household pet which is or becomes an annoyance or nuisance to the neighborhood shall be kept on any Lot.
4.5 Garbage and Trash. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste shall not be kept except in sanitary containers properly screened and shielded from adjacent properties. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. No trash, refuse pile, vehicles, underbrush, compost pile or other unsightly growth or objects shall be allowed to grow, accumulate or remain on any Lot or tract so as to be a detriment to the neighborhood or become a fire hazard.
4.6 Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood or detract from its value.
4.7 Water and Sewage Systems. Private wells and water supply systems and private sewerage (septic) systems are prohibited within Crofton Heights.
4.8 Temporary Residence. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or any other outbuilding shall be used as a residence on any Lot at any time.
4.9 Drilling, Mining, Etc. Exploration for and recovery of minerals, oil and gas, sand and gravel or other materials, by any means or method, is prohibited.
4.10 Mailboxes. There shall be one U.S. Postal System approved mailbox for each Lot at an approved cluster location within reasonable proximity to the dwellings serv-ed thereby. Thereafter Lot owners shall be obligated to maintain, repair or replace their respective mailboxes.
4.11 Signs. All signs and advertising devices for display to public view are prohibited except one sign, not to exceed 18 inches by 24 inches, advertising the Lot (whereon posted) for sale or rent by the owner thereof or such owner's= authorized agent, except for marketing signs on Lots, project entrance(s) and model homes during the merchandising and sale of new homes in Crofton Heights by the Declarant and/or assigns.
4.12 Homeowner's Association.
Original Version
Every Lot owner, by acceptance of a deed for such Lot, is hereby deemed to covenant and agree to membership in Crofton Heights Homeowner's Association ("The Association") for at least the purposes of owning or leasing property or property rights as common area for the benefit of Crofton Heights and for the purposes of maintaining, repairing, replacing, or improving any such property or any improvements place thereon. Such membership shall be appurtenant to the Lot owned by such Lot owner and may not be transferred except by sale or transfer of the Lot itself. The Association shall be a not-for-profit corporation. Every Lot owner is further deemed to covenant and agree to pay when due any and all dues, assessments, or other charges that may be levied from time to time by The Association in accordance with the Articles and Bylaws or Articles of Incorporation of the Association, and any sums not paid within thirty (30) days of the date due shall become a continuing lien on the Lot owned, which lien may be foreclosed by the Association. Lots owned by any builder and/or Developer, prior to the sale of a home constructed on any Lot to a third party, shall be assessed The Association dues at the same rate as other Lot owners up to a limit of $10.00 per month. The provisions of this paragraph shall not apply to Tract B.
Amendment 199207291388 Changed to:
(A) 4.12 Homeowners' Association: Every lot owner, by acceptance of a deed for such lot, is hereby deemed to covenant and agree to membership in Crofton Heights Homeowners Association ('The Association') for at least the purposes of owning or leasing property or property rights as common area for the benefit of Crofton Heights and for the purposes of maintaining, repairing, replacing or improving any such property or any improvements placed thereon. Such membership shall be appurtenant to the Lot owned by such Lot owner and may not be transferred except by sale or transfer of the Lot itself. The Association shall be a not-for-profit corporation.
(B) Every Lot owner is further deemed to covenant and agree to pay when due any and all dues, assessments, or other charges that may be levied from time to time by The Association in accordance with the Articles and Bylaws or Articles of Incorporation of the Association. Assessments, dues or other charges, and installments on the same paid on or before 10 days after the day when due shall not bear interest, but all sums not paid on or before 10 days after the date when due shall bear interest at the rate of twelve (12%) percent per annum from the date when due until paid. All payments upon account shall be first applied to interest and then to the assessments, dues or other charges that may be levied from time to time by the Association.
(C) Lien for Assessments dues or other charges: All sums or dues, assessments or other charges that may be levied from time to time billed or assessed but unpaid ten days after the date when due shall constitute a lien on such lot owed for the unpaid dues, assessments or other charges, and interest thereon, and for all attorneys fees and costs incurred by the Association in collection of the same. Such liens shall be prior to all other liens except tax liens and unpaid sums on mortgages of record.
(D) Foreclosure of Lien:
- Liens for unpaid dues, assessments or charges may be foreclosed by suit at the instance of the Board of Directors through their representative acting on behalf of the Board, in like manner as a mortgage on real property would be foreclosed in the State of Washington;
- The Board shall have the power to bid on the lot at foreclosure sale, and to acquire, hold, lease, mortgage and convey the same;
- The duly authorized representative of the Board, acting on behalf of the Association, may bring suit to recover a judgment for any unpaid dues, assessments or charges without instituting a foreclosure or waiving the liens securing the same. Any such suit shall entitle the Association to its attorneys fees and costs incurred in addition to the principal amount owed and interest thereon;
- In any suit to foreclose a lien for unpaid dues, assessments or other charges, the representative of the Board acting on behalf of the Association may waive the right to a deficiency judgment in the Complaint to Foreclose, and thereby reduce the period of redemption to eight months.
(E) Rental Following Foreclosure: In any foreclosure of a lien for dues, assessments or other charges, the lot owner shall be required to pay reasonable rental for the usage of the premises during the period of redemption, and the Association shall be entitled to the appointment of a receiver to collect the same and to manage the property during the redemption period.
(F) Attorney's Fees - All Other Disputes: In the event of a legal dispute between a lot owner or owners and the Association which results in litigation, in addition to any other affirmative relief awarded to the prevailing party, said prevailing party shall be entitled to recover, in addition to affirmative relief awarded by the Court, all attorney's fees and costs incurred."
The provisions of the foregoing paragraphs shall not apply to Tract B.
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