Section 1. Lake Meridian Village Owner's Association. It is covenanted that Lake Meridian Village will be administered by a Home Owner's Association which shall be incorporated under the non-profit corporation laws of this State and operated by a Board of Directors and which shall be structured pursuant to Articles of Incorporation acts or authority not prohibited by law or by these covenants. This corporation shall be the "Association" defined herein.

 

Section 2. Enforcement. The Association or any Owner, shall have the right to enforce, by any proceeding at for or in equity, all restrictions, conditions, covenants, reservations, lien and charges now or hereafter imposed by the provisions of this Declaration.

 

Section 3.  Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in no wise affect any other provisions which shall remain in full force and effect.

 

Section 4. Extent of Covenants, Amendment. The Covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of an be enforceable by the Association, or the Owner of any Lot and Dwelling Unit subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years for the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive period of ten (10) years unless modified. The covenants and restrictions of this Declaration may be amended by an instrument signed by not less two-thirds (2/3) of the Lot and Dwelling Unit Owners, provided that notice of any proposed amendment must be given at least 30 days prior to obtaining any such signature. Any amendment must be properly recorded.

 

Section 5. Failure to Require Strict Performance no Waiver. The failure of the Association, Board or any Owner in any one or more instances to insist upon the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of the Articles or Bylaws, or to exercise any right or election contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. The receipt by the Association Board of any assessment from an owner, with knowledge of any such breach shall not be deemed a waiver of such breach, and no waiver by the Association or Board of any provision hereof shall be deemed to have been made unless expressed in writing and properly signed for the Association. The Declarant exercising the powers of the Board during the initial period of operation of the Association and the development shall similarly not be deemed to have made any waivers unless given in writing.

 

Section 6. Limitation of Liability. The Board, Association, Declarant, and the owners individually or as a group (except that an individual owner may be liable for his intentional actions or individual negligence when not acting for the group by acting on his own account), shall not be liable for any failure of any utility or other service to be obtained and paid for; or for injury or damage to person or property caused by the elements; or by another Dwelling Unit or lot owner or person; or resulting from electricity, water, rain, dust, or sand which may lead or flow from outside or from any parts of a Lot or Dwelling Unit, or from any pipes, drains, conduits, appliance, or equipment, or from any other place; or resulting from loss, damage, or theft of articles used or stored by Dwelling Unit or Lot owners on the property or in Dwelling Units. No diminution or abatements of assessments shall be claimed or allowed for inconveniences or discomfort arising from the making of repairs or improvements to the common property or upon Dwelling Units of from any action taken to comply with any law, ordinance, or order of a governmental authority. This section shall be interpreted to impose any form of liability by any implication upon the Board or the Association. This section also extends to the protection of the Declarant exercising the powers of the Board during the development period. This Section shall not abrogate, however, the responsibility of the Association to maintain and repair the common properties at common expense.

 

Section 7. Indemnification. The Association shall indemnify any director or office or former director or officer of the corporation, or any person who may have served on... for profit or not for profit, against expenses actually and necessarily serviced by him in connection with the defense of any action, suit or proceeding in which he is made a party by reason of being or having been director or officer, except in relation to matters as to which he shall be adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of duty; but such indemnification shall not be deemed exclusive of any other rights to which such director or officer may be entitled, under any bylaw, agreement, vote of board, of directors or members, or otherwise.

 

Section 8. Rules and Regulations. The Associate Board may from time to time adopt, amend, and revoke detailed administrative rules and regulations, necessary or convenient from time to time to interpret or supplement this Declaration, or the Articles or Bylaws, or to facilitate management or operations or to provide for matters or circumstances not dealt with in this Declaration, the Articles, or the Bylaws.

 

Section 9. Notices for all purposes. Any notice to be delivered under the provisions of this Declaration or of the Articles or Bylaws may be delivered either personally or by mail. If delivery is made by mail, any such notice shall be deemed to have been delivered when a copy has been deposited in the United Stated mail, postage prepaid, for first class mail, addressed to the person entitled to such notice at the most recent address given by such person to the Board, in writing, for the purpose of service of such notice, or to the most recent address known to the Board. Notice to the owner or owners of any lot or Dwelling Unit shall be sufficient if mailed to the Dwelling Unit of such person or persons if no other mailing address has been given to the Board by any of the persons so entitled. Mailing address may be changed from time to time by notice in writing to the Board. Notice to be given to the Board may be given to Declarant until the Board and officers have been selected and thereafter shall be given to the president or secretary of the Board.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have hereunto set their hands this day of , 20

 

An easement is hereby reserved for and granted to PUGET SOUND POWER & LIGHT COMPANY, PACIFIC NORTHWEST BELL COMPANY, WASHINGTON NATURAL GAS COMPANY, and their respective successors and assigns, under and upon the exterior 7.00 feet parallel with and adjoining the street frontage of all lots in which to install, lay, construct, renew, operate and maintain underground conduits, cables and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with electric and telephone service, together with the right to enter upon the lots at all times for the purpose herein stated. All permanent utility services to be underground.

No lines or wired for the transmission of electric current or for telephone use, CATV, fire or police signals, or for other purposes, shall be placed or permitted to be placed upon any lot outside the buildings thereon unless the same shall be underground or in conduit attached to the building.

Restrictions

No lot or portion of a lot in this plat shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use districts in which location. See Recording No. 7704200595 for the Covenants, Conditions and Restrictions.