AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
LEXINGTON SUBDIVISION
This Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Lexington Subdivision ("Declaration") is made this 18th day of May, 2021, by Lennar Northwest Inc., a Delaware corporation ("Declarant").
RECITALS
- Lexington Subdivision is a plat community ("Plat Community") governed by the Declaration of Covenants, Conditions, and Restrictions for Lexington Subdivision recorded under King County recording number 20180712000438 ("Original Declaration"). The Map for Lexington Subdivision is recorded under King County recording number 20180712000436, and Lexington Subdivision's Real Property is legally described on Exhibit A.
- Navdeep Singh Gill was the original developer of Lexington Subdivision and was the declarant of the Original Declaration. Mr. Gill assigned his declarant rights to Declarant in that certain Assignment of Declarant Rights recorded under King County recording number 20210416001607.
- Declarant desires to entirely replace the Original Declaration with this Declaration to harmonize the requirements of the Lexington Subdivision community with the requirements in other communities developed by Declarant.
- Pursuant to RCW 64.90.284(1)(a), the Original Declaration may be amended by a vote or written agreement of the Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association are allocated. Per a statutory warranty deed (King County recording number 20210416001606), Declarant owns more than sixty-seven percent of the Units within Lexington Subdivision.
- Declarant hereby amends and restates the Declaration as described below. This Declaration replaces and supersedes the Original Declaration in its entirety. This Declaration shall become effective upon recording.
TABLE OF CONTENTS
Section 1.1 "Association"
Section 1.2 "Association Action"
Section 1.3 "Board" or "Board of Directors"
Section 1.4 "Common Elements"
Section 1.5 "Common Expenses"
Section 1.6 "Declarant"
Section 1.7 "Declarant Control Period"
Section 1.8 "Declaration"
Section 1.9 "Development Right"
Section 1.10 "Governing Documents"
Section 1.11 "Map"
Section 1.12 "Mortgage"
Section 1.13 "Real Property"
Section 1.14 "Reserve Account"
Section 1.15 "Reserve Component"
Section 1.16 "Reserve Study Professional"
Section 1.17 -Significant Assets"
Section 1.18 "Single Family"
Section 1.19 "Structure"
Section 1.20 "Unit"
Section 1.21 "Unit Owner"
ARTICLE 2. LEXINGTON SUBDIVISION HOASection 2.1 Description of Association.
Section 2.2 Association Board.
Section 2.3 Votes Appurtenant to Units.
Section 2.4 Unit Owner's Compliance.
Section 2.5 Bylaws, Rules and Regulations.
Section 2.6 Right of Entry for Inspections, Maintenance, Repairs, Emergencies or Improvements.
Section 2.7 Implied Rights.
Section 2.8 Special Declarant Rights.
Section 2.9 Association Property.
ARTICLE 3. ASSOCIATION BUDGET, ASSESSMENTS, AND LIENSSection 3.1 Unit Owner's Covenants to Pay Assessments.
Section 3.2 Specially Allocated Expenses.
Section 3.3 Association Budget.
Section 3.4 Levy of General Assessment.
Section 3.5 Payment of Assessment.
Section 3.6 Nondiscriminatory Assessment.
Section 3.7 Commencement of Assessments.
Section 3.8 Certificates of Assessment Payment.
Section 3.9 Special Assessments.
Section 3.10 Effect of Nonpayment of Assessment.
Section 3.11 Duration of Lien.
Section 3.12 Reserve Account for Repair or Replacement.
Section 3.13 Withdrawals from Reserve Account.
Section 3.14 Reserve Studies.
Section 3.15 Limitations on Liability related to Reserve Account and Reserve Studies.
Section 3.16 Failure to Comply Does Not Relieve Unit Owners.
Section 3.17 Certain Areas Exempt.
ARTICLE 4. ARCHITECTURAL CONTROL COMMITTEESection 4.1 Architectural Control Committee.
Section 4.2 Jurisdiction and Purpose.
Section 4.3 Approval Procedures.
Section 4.4 Failure of Committee to Take Action.
Section 4.5 Committee's Obligation.
Section 4.6 Exemptions and Variances From Committee Requirements.
Section 4.7 Construction Deposit.
Section 4.8 Failure of Applicant to Comply.
ARTICLE 5. SUBORDINATION OF LIENSSection 5.1 Intent of Provisions.
Section 5.2 Mortgagee's Nonliability.
Section 5.3 Mortgagee's Rights During Foreclosure.
Section 5.4 Mortgagee as Unit Owner.
Section 5.5 Survival of Assessment Obligation.
Section 5.6 Subordination of Assessment Liens.
ARTICLE 6. USE COVENANTS, CONDITIONS AND RESTRICTIONSSection 6.1 Authorized Uses.
Section 6.2 Leasing Restrictions.
Section 6.3 Animals.
Section 6.4 Commercial Uses.
Section 6.5 Vehicle Storage.
Section 6.6 Garbage.
Section 6.7 Utilities Underground.
Section 6.8 Signs.
Section 6.9 No Obstruction of Easements.
Section 6.10 Antennas and Clotheslines.
Section 6.11 Unit Owners' Maintenance Responsibilities.
Section 6.12 Weapons.
Section 6.13 Nuisances Prohibited.
Section 6.14 Preservation of Landscaping.
Section 6.15 Temporary Structures.
Section 6.16 Window Coverings.
Section 6.17 Fences.
Section 6.18 Unit Size Restriction.
Section 6.19 Vehicular Access Restriction.
Section 6.20 Damage.
Section 6.21 Unsightly Conditions.
Section 6.22 Shared Driveways.
ARTICLE 7. COMMON ELEMENTSSection 7.1 Title to Common Elements.
Section 7.2 Maintenance of Common Elements.
Section 7.3 Monument and Landscaping Maintenance and Easements.
ARTICLE 8. CERTAIN GRANTS, EASEMENTS, COVENANTS AND RESTRICTIONSSection 8.1 Tracts.
Section 8.2 Sensitive Area Tract.
Section 8.3 General Utility Easements.
Section 8.4 City of Kent Easement Reservations.
Section 8.5 Private Drainage Easement.
Section 8.6 Storm Facility Maintenance Covenant.
Section 8.7 Water and Sewer Easements.
Section 8.8 Temporary Turnaround Easement.
Section 8.9 Decorative Entries Prohibited in Street.
Section 8.10 Street Light Costs.
ARTICLE 11. ENFORCEMENTSection 11.1 Right to Enforce.
Section 11.2 Remedies Cumulative.
Section 11.3 Covenants Running with the Land.
Section 11.4 Right to Assess Penalty on Unit for Violations of Declaration.
ARTICLE 12. AMENDMENTSection 12.1 Amendment by Declarant or Association.
Section 12.2 Amendments by Unit Owners.
Section 12.2 Effective Date & Cross-References.
ARTICLE 13. GENERAL PROVISIONSSection 13.1 Taxes.
Section 13.2 Non-Waiver.
Section 13.3 Attorneys' Fees.
Section 13.4 No Abandonment of Obligation.
Section 13.5 Captions.
Section 13.6 Severability.
Section 13.7 Notices.
Section 13.8 Indemnification.
Section 13.9 Applicable Law.
REVISION HISTORY
- Original Declaration 20180712000438
- Amended and Restated Declaration 20210528000726
- 1st Amendment 20210915001367
Original PDF documents as recorded for reference.