PART ONE: INTRODUCTION TO THE COMMUNITY
Declarant, as developer of this community, has established this Declaration' to provide a governance structure and a flexible system of standards and procedures for the development, administration, maintenance, and preservation of procedures for the residential property. In addition, the Homeowners Association is assigned certain responsibilities for administration, maintenance, and preservation of property within the community as set forth in this Declaration. These additional responsibilities shall be for the benefit of the members and all property owners within the community.
Article I Creation of the Community
1.1. Purpose and Intent.
Declarant, as the owner of the real property described in Exhibit "A," intends by Recording this Declaration to create a general plan of development for the community identified in the title to this Declaration. This Declaration provides a flexible and reasonable procedure for the future expansion of the Properties to include additional real property as Declarant deems appropriate, and provides for the overall development, administration, maintenance, and preservation of the real property now and hereafter comprising the Properties. An integral part of the development plan is the creation of a Homeowners Association comprised of all owners of real property in the Properties to own, operate, and maintain various common areas and community improvements, and to administer and enforce this Declaration and the other Governing Documents referred to in this Declaration.
1.2. Binding Effect.
All property described in Exhibit "A," and any property which is made a part of the Properties in the future by Recording one or more Supplemental Declarations, shall be owned, conveyed, and used subject to all of the provisions of this Declaration, which shall run with the title to such property. This Declaration shall be binding upon all Persons having any right, title, or interest in any portion of the Properties, their heirs, successors, successors-in-title, and assigns.
This Declaration shall be enforceable by Declarant, the Association, any Owner, and their respective legal representatives, heirs, successors, and assigns, perpetually to the extent permitted by law. If, however, the period for the enforcement of covenants running with the land is limited by law, the Declaration shall be enforceable as provided above for a period of 20 years. After such time, this Declaration shall be extended automatically for successive periods of 10 years each, unless an instrument signed by a majority of the then Owners has been Recorded within the year preceding any extension, agreeing to amend, in whole or in part, or terminate this Declaration, in which case this Declaration shall be amended or terminated as specified in such instrument.
Notwithstanding the above, if any provision of this Declaration would be unlawful, void, or voidable by reason of applicability of the rule against perpetuities, such provision shall expire 21 years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England. Nothing in this Section shall be construed to permit termination of any easement created in this Declaration without the consent of the holder of such easement.
1.3. Governing Documents.
The Governing Documents create a general plan of development for the Properties which may be supplemented by additional covenants, restrictions, and easements applicable to the Properties. In the event of a conflict between or among the Governing Documents and any such additional covenants or restrictions, or the provisions of any other rules or policies governing the Properties, the Governing Documents shall control. Nothing in this Section shall preclude any Supplemental Declaration or other Recorded covenants applicable to any portion of the Properties from containing additional restrictions or provisions which are more restrictive than the provisions of this Declaration. All provisions of the Governing Documents shall apply to all Owners and to all occupants of their Units, as well as their respective tenants, guests, and invitees. Any lease on a Unit shall provide that the lessee and all occupants of the leased Unit shall be bound by the terms of the Governing Documents.
Throughout the Governing Documents there are diagrams to illustrate the concepts discussed and aid in the reader's comprehension. Such diagrams are for illustrative purposes only. in the event of a conflict between any diagram and the text of the Governing Documents, the text shall control. If any provision of this Declaration is determined by judgment or court order to be invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of other provisions or applications.
| Governing Documents |
Articles of Incorporation
(filed with Secretary of State) |
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Establishes the Association as a non-profit corporation under Washington law. |
By-Laws
(the Board of Directors adopts) |
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Governs the Association's internal affairs, such as voting rights, elections, meetings, officers, etc. |
Declaration
(Recorded) |
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Creates obligations which are binding upon the Association and all present and future owners of property in the Properties. |
Supplemental Declaration
(Recorded) |
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Adds real estate to Properties; may impose additional obligations or restrictions on the property subject to that Supplemental Declaration. |
Residential Design Guidelines
(Declarant adopts) |
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Establish architectural standards and guidelines for improvements and modifications to Units, including structures, landscaping and other items on Units. |
Use Restrictions
(initial set attached as Exhibit "B") |
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Govern use of property, activities, and conduct within the Properties. |
Rules and Regulations
(Board adopts) |
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Establish rules, policies and procedures for internal governance and Association activities, regulate operation and use of Common Area. |
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