DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Wildview ridge Homeowners’ Association
ARTICLE 1 - DEFINITIONS.
Section 1 - Association.
Section 2 - Board
Section 3 - Properties
Section 4 - Common Areas
Section 5 - Common Maintenance Areas
Section 6 - Lot
Section 7 - Declarant
Section 8 - Architectural Control Committee
Section 9 - Development Period
Section 10 - Plat
Section 11 - Residence
Section 12 - Owner
Section 13 - Native Growth Protection Easements
Section 14 - Front Property Line
ARTICLE 2 - PRE-EXISTING RESTRICTIONS
ARTICLE 3 - MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT PERIOD
Section 1 - Management by Declarant
Section 2 - Notice to Owners
Section 3 - Temporary Board
Section 4 - Managing Agent
Section 5 - Acceptance by Owners
Section 6 - Declarant Authority
ARTICLE 4 - DEED AND DEDICATION OF COMMON AREAS
ARTICLE 5 - DEED AND DEDICATION OF EASEMENTS
Section 1 - General Purpose Easements
Section 2 - Easements for Drainage and Utility Purposes
Section 3 - Special Temporary Water System Rights of Access
Section 4 - Reservation of Temporary Easements for Declarant
Section 5 - Easement for Government Personnel
ARTICLE 6 - ADMINISTRATION AND USE OF COMMON AREAS AND COMMON MAINTENANCE AREAS
Section 1 - Owners' Easements of Enjoyment of Common Areas
Section 2 - Insurance
Section 3 - Alteration of and Common Maintenance Areas
Section 4 - Dumping in Common Maintenance Areas
Section 5 - Landscaping and Fencing
ARTICLE 7 - MAINTENANCE OF THE COMMON MAINTENANCE AREAS/DELEGATION OF MANAGEMENT
Section 1 - Maintenance of Common Maintenance Areas
Section 2 - Responsibility for Maintaining Private Roadway and Drainage Improvements
and Common Maintenance Areas
Section 3 - Repair of Common Maintenance Areas
Section 4 - Management
Section 5 - Native Growth Protection Easements or Tracts
ARTICLE 8 - ASSESSMENTS
Section 1 - Obligation for Assessments
Section 2 - Purpose of Assessments
Section 3 - Annual Assessment
Section 4 - Special Assessment for Capital Improvements
Section 5 - Notice and Quorum for any Action Authorized Under Sections 3 and 4
Section 6 - Uniform Rate of Assessment
Section 7 - Date of Commencement of Annual Assessment; Due Dates
Section 8 - Effect of Non-Payment of Assessments; Remedies of the Association
Section 9 - Subordination of the Lien to Mortgage
Section 10 - Exempt Property
Section 11 - Management by Declarant During the Development Period
ARTICLE 9 - MAINTENANCE OF LOTS AND COMPLIANCE WITH THIS DECLARATION
Section 1 - Exterior Maintenance by Owner
Section 2 - Easements for Enforcement Purposes
Section 3 - Lot Maintenance by the Association
Section 4 - Enforcement During the Development Period
ARTICLE 10 - HOMEOWNERS’ ASSOCIATION
Section 1 - Non-Profit Corporation
Section 2 - Membership
Section 3 - Voting Rights
Section 4 - Meetings
ARTICLE 11 - MANAGEMENT BY BOARD
Section 1 - Expiration of the Development Period
Section 2 - Terms
Section 3 - Powers of the Board/Association
Section 4 - Limited Authority
ARTICLE 12 - LAND USE RESTRICTIONS
Section 1 - Residential Character of Property/Business and Commercial “Home” Use of Property
Section 2 - Reasonable Use Restriction
Section 3 - Prohibited Activities
Section 4 - Maintenance of Lots During the Construction Period
Section 5 - Prohibited Vehicles/Structures
Section 6 - Mining
Section 7 - Animals
Section 8 - Signs
Section 9 - Delegation of Use and Responsibilities
Section 10 - Water Supply/Special Requirements/Irrigation
Section 11 - Garbage and Trash
Section 12 - Clothing Lines
Section 13 - Fuel Tanks
Section 14 - Lighting
ARTICLE 13 - BUILDING RESTRICTIONS/REQUIREMENTS
Section 1 - Size/Height Restrictions
Section 2 - Building Materials
Section 3 - Building Setbacks
Section 4 - Driveways
Section 5 - Contractor
Section 6 - Pilaster Requirement
Section 7 - Fireplace Chimneys
Section 8 - Maximum Structure Height Limitations/View Preservation
Section 9 - Drainage Control Over Slopes
Section 10 - Garages
Section 11 - Fence and Walls
Section 12 - Landscaping Standards
Section 13 - Plan Checks/Construction Cleanup Fee
Section 14 - Permits
Section 15 - Codes
Section 16 - The Time of Completion
Section 17 - Entry for Inspection
ARTICLE 14 - UTILITIES
Section 1 - Wiring
Section 2 - Antennae
ARTICLE 15 - ARCHITECTURAL CONTROL
Section 1 - Architectural Control Committee ("Committee")
Section 2 - Jurisdiction and Purpose
Section 3 - Membership
Section 4 - Designation of a Representative
Section 5 - Donation of Time
Section 6 - Address of the Committee
Section 7 - Voting
Section 8 - Submission of Plans
Section 9 - Plan Check Fee
Section 10 - Evaluating Development Proposals
Section 11 - Exclusions
Section 12 - Approval Procedures
Section 13 - Compliance with Codes/Environmental Laws
Section 14 - Variations/Final Authority of the Committee
Section 15 - Enforcement
Section 16 - Committee/Declarant Liability
ARTICLE 16 - GENERAL PROVISIONS
Section 1 - Covenants Running with the Land
Section 2 - Amendment
Section 3 - Insurance on Lots
Section 4 - Enforcement
Section 5 - Attorney Fees
Section 6 - Liens for Other Charges
Section 7 - Interest
Section 8 - Successors and Assigns
Section 9 - Severability
Section 10 - Rule Against Perpetuities
EXHIBIT "A" - PRELIMINARY INFORMATION WORKSHEET
Section I - Plot Plan and Landscaping
Section II - Residential Plan Requirements
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
OF
WILDVIEW RIDGE
HOMEOWNERS’ ASSOCIATION
THIS DECLARATION is made on the date hereinafter set forth by Novastar Development Inc., a Colorado corporation ("Declarant"), who is the owner of certain lands situated in the state of Washington, county of Pierce, more particularly described as the plat of Wildview Ridge in records of Pierce County, Washington, more fully described as follows:
Parcel A of Pierce County Boundary Line Agreement, as recorded in records of Pierce County, Washington, under Auditor’s File No. 9706030375, being a part of the Southwest quarter of Section 24, Township 20 North, Range 5 East, W.M., Pierce County, Washington.
In order to ensure preservation of the high quality residential environment at Wildview Ridge, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon will be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the Owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in such lands or any portion thereof and shall inure to the benefit of each owner thereof and to the benefit of Wildview Ridge Homeowners’ Association and shall otherwise in all respects be regarded as covenants running with the land.
ARTICLE 1 DEFINITIONS
For purposes of the Declaration and the Articles of Incorporation and the Bylaws of Wildview Ridge Homeowners’ Association, certain words and phrases shall have particular meanings as follows:
Section 1 - Association
"Association" shall mean and refer to Wildview Ridge Homeowners’ Association, its successors and assigns.
Section 2 - Board
"Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article 11. For purposes of exercising the powers and duties assigned in this Declaration to the Board during the Development Period, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article 3, unless the language or context clearly indicates otherwise.
Section 3 - Properties
"Properties" shall mean and refer to Lots 1 through 42, inclusive, of the plat of Wildview Ridge, as recorded in records of Pierce County, Washington.
Section 4 - Common Areas
Not Applicable
Section 5 - Common Maintenance Areas
“Common Maintenance Areas" shall mean those portions of all real property or city right‑of-way, including the improvements thereto, maintained by the Association for the benefit of the members of the Association. Common Maintenance Areas to be maintained by the Association at the time of recording this Declaration are described as follows:
a. All landscaping, irrigation, monumentation, electronic gate and circuitry and related improvements installed at or near the entry to Wildview Ridge from 230th Avenue East, together with such other landscaping improvements as may be designated from time to time by the Association for common maintenance purposes.
b. Fencing installed along the plat frontage adjacent to 230th Avenue East, if any.
c. All water supply systems, wells, pumps, well houses, conveyance lines, appurtenances, landscaping, and other improvements constructed for or associated with water supply for Lot(s) in Wildview Ridge. Any private wells that are or may be constructed to serve individual Lot(s) are specifically excluded from the maintenance responsibilities of the Association. The responsibility of the Association for maintenance of these water supply systems shall also extend to and include their operation, and all required testing and monitoring, according to the rules and regulations of the Tacoma-Pierce County Health Department, and as administered by the state of Washington, under WAC 246-291 "Group B," Public Water Systems, as may be amended in the future, until such time as the responsibility for such operation and maintenance is delegated to a satellite management agency, pursuant to the rules and regulations under WAC 246-295.
d. All private roads, including drainage ditches, pipes, and other improvements associated with the private road and drainage systems serving Lot(s) within the plat of Wildview Ridge, in accordance with requirements established by Pierce County through their Private Road Standards.
e. The irrigation well and associated irrigation system installed for the purpose of providing irrigation of common landscape improvements identified in Subsection “a” herein.
Section 6 - Lot
“Lot” shall mean and refer to any lot shown upon any recorded subdivision map of the Properties. Common Areas and Common Maintenance Areas shall not be regarded as lots. As undeveloped property within the Association is platted in the future, each subsequently recorded building lot shall represent an independent “Lot.”
Section 7 - Declarant
"Declarant" shall mean and refer to Novastar Development Inc., a Colorado corporation.
Section 8 - Architectural Control Committee
"Architectural Control Committee" shall mean and refer to the duly appointed or elected committee of the Board of Directors as outlined in Article 15 of this Declaration, hereinafter referred to as the "Committee."
Section 9 - Development Period
"Development Period" shall mean and refer to that period as defined in Article 3 of this Declaration.
Section 10 - Plat
"Plat" shall mean and refer to the plat of Wildview Ridge, recorded in Pierce County, Washington.
Section 11 - Residence
"Residence" shall mean and refer to buildings occupying any Lot.
Section 12 - Owner
"Owner" shall mean and refer to the record owner, whether one or more persons or entities, of (1) a fee simple title to any Lot that is a part of the Properties (but excluding those persons or entities, such as real estate contract sellers, having record title merely as security for the performance of an obligation), or (2) the Purchaser under a real estate contract prior to issuance of the fulfillment deed for the contract.
Section 13 - Native Growth Protection Easements
“Native Growth Protection Easements” shall mean and refer to those areas identified on the face of the final plat map for Wildview Ridge that identify wetlands and their associated buffers on individual Lot(s). These easements are subject to regulations of Pierce County, and generally denote areas that are to be preserved in their natural state. These areas specifically affect Lots 33, 40, and 41, respectively, and are set aside for the purpose of protecting existing wetlands.
Section 14 - Front Property Line
“Front Property Line” shall mean and refer to the edge of the private roadway easement across the front of any Lot(s). In the case of corner Lot(s), this definition shall also apply to the side street easement line.
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ARTICLE 2
PRE-EXISTING RESTRICTIONS
If the Properties covered by this Declaration are already affected by previous covenants, restrictions, conditions, and encumbrances (collectively "prior restrictions"), the Properties will continue to be subject to such prior restrictions to the extent the prior restrictions are valid and legally enforceable.
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ARTICLE 3
MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT PERIOD
Section 1 - Management by Declarant
Development period shall mean that period of time from the date of recording the Declaration until (1) the date seven (7) years from the date of recording this Declaration or (2) the thirtieth (30) day after Declarant has transferred title to the Purchasers of Lot(s) representing 100 percent (100%) of the total voting power of all Lot Owners as then constituted (so that Declarant no longer is entitled to vote either as a Class A or Class B member of the Association pursuant to Article 10, Section 3, or (3) the date on which Declarant elects permanently to relinquish all of Declarant’s authority under this Article 3 by written notice to all Owners, whichever date first occurs. Notwithstanding anything in this Declaration to the contrary, until termination of the Development period, either upon the sale of the required number of Lots, the expiration of seven (7) years, or at the election of the Declarant, the Property shall be managed and the Association organized at the sole discretion of the Declarant.
Section 2 - Notice to Owners
Not less than ten (10) nor more than thirty (30) days prior to the termination of the Development Period, the Declarant shall give written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provisions of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of five (5) Lots shall constitute a quorum. The Board of Directors and Officers of the Association may be elected by a majority vote in said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association.
Section 3 - Temporary Board
Declarant may in Declarant's sole discretion, and at such times as the Declarant deems appropriate (including in the Articles of Incorporation of the Association, if the Declarant is the Incorporator of the Association), appoint three persons who may be Lot Owners, or are representatives of corporate entities or other entities that are Lot Owners, as a Temporary Board. This Temporary Board shall be for all purposes the Board of Directors of the Association, and shall have full authority (including the authority to adopt or amend the initial or subsequent Bylaws of the Association) and all rights, responsibilities, privileges and duties to manage the Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws. Provided that, after selecting a Temporary Board, the Declarant, in the exercise of the Declarant's sole discretion, may at any time terminate the Temporary Board and reassume the Declarant's management authority under Article 3 or select a new Temporary Board under this Article 3, Section 3. When the Declarant has appointed a Temporary Board, the Temporary Board, during the Development Period, shall have, and may fully exercise, any power or authority granted to the Permanent Board after the Development Period.
Section 4 - Managing Agent
So long as no Temporary Board is managing the Properties or until such time as the first permanent Board is elected, should Declarant choose not to appoint a Temporary Board, Declarant or a managing agent selected by the Declarant shall have the power and authority to exercise all the rights, duties and functions of the Board and generally exercise all powers necessary to carry out the provisions of this Declaration, including, but not limited to, enacting reasonable administrative rules, contracting for required services, obtaining property and liability insurance, collecting and expending all assessments and Association funds, and enforcing this Declaration (including foreclosing any liens provided for by this Declaration). Any such managing agent or the Declarant shall have the exclusive right to contract for all goods and services, payment for which is to be made from any monies collected from assessments. In the event that Association expenses exceed assessments, any monies provided by Declarant for Association expenses that would otherwise be paid for out of Association assessments shall be considered a loan to be repaid to Declarant through regular or special assessments from the Association, together with interest at 12 percent (12%) per annum.
Section 5 - Acceptance by Owners
These requirements and covenants are made to ensure that the Properties will be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Acceptance of an interest in a Lot evidences acceptance of this management authority in Declarant.
Section 6 - Declarant Authority
Declarant shall have the management authority granted by this Article 3 notwithstanding anything in this Declaration to the contrary. Declarant, as the Incorporator of the Association, may cause the Association to be incorporated, the Temporary Board to be appointed either in the Articles of Incorporation of the Association or by separate written instrument, to terminate the Temporary Board and reassume the Declarant's management authority under this Article 3, reappoint successor Temporary Boards, or take any other action permitted by this Article 3, all without affecting the authority given the Declarant by this Article 3 to manage the Property and organize the Association at the Declarant's sole discretion.
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ARTICLE 4
DEED AND DEDICATION OF COMMON AREAS
Not Applicable
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ARTICLE 5
DEED AND DEDICATION OF EASEMENTS
Section 1 - General Purpose Easements
Declarant hereby transfers and conveys to the Association for the common use and enjoyment of the Association and the Owners, all easements created in this Article 5, as well as through other recorded instruments, for the stated purpose, reserving, however, to Declarant for the benefit of Declarant, its successors and assigns, an equal right to utilize all easements. The Declarant's and Association's right to use such easements are subject to the right of the public to use rights-of-way which have been dedicated as public roads and are open to public access, including emergency vehicle access.
Section 2 - Easements for Drainage and Utility Purposes
Easements for installation and maintenance of utilities and drainage facilities are hereby reserved over the front fifteen (15) feet of each Lot subject to this Declaration, as measured inward from the private roadway easement line shown on the face of the final recorded plat map, and over a ten (10)-foot wide strip along each side of interior lot lines, and over the rear ten (10) feet of each Lot, as well as on other portions of certain lots which have been made of record on the face of the final Plat map or by recording of a separate instrument.
If drainage pipes or appurtenances are now, or will be, installed within any such easement, then a temporary construction access easement shall also be established with a sufficient width to allow the installation, maintenance or repair of such pipes and appurtenances, provided however, that such temporary easement shall be kept to the minimum necessary, and all improvements disturbed during construction shall be replaced at no cost to the affected Lot Owner.
Within these easements, no structure, planting, or other materials shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in and/or on it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utilities company, or the Association, is responsible.
Section 3 - Special Temporary Water System Rights of Access
The Declarant and the Association hereby reserve the temporary reasonable right of access over and across that portion of each Lot within Wildview Ridge, immediately adjacent to those easements described on the face of the final recorded plat map for Wildview Ridge, and as set forth in other recorded documents, for the purpose of repairing, maintaining, reconstructing, or otherwise improving any part of any of the Class “B” public water supply systems, along with the associated wells that have been installed in the plat of Wildview Ridge for the purpose of providing water service to each Lot therein. Such temporary right of access shall be for the purpose of enabling the Declarant, the Association, or their designated representatives to perform such work, and shall only be for the purpose of insuring that access is available to each of these water systems and all improvements therein, including all designated well sites within the plat of Wildview Ridge, whether or not a well exists or is in use. All permanent improvements shall be within designated easements.
The purpose of this Section 3 is to insure that the improvements necessary to maintain a constant water supply to each Lot within Wildview Ridge can be completed and maintained. Any disturbance of improvements on any Lot shall be promptly restored following such temporary right of access at no cost to the affected Owner. In the event the Declarant, the Association, or their designated representative determines it is necessary to make use of such temporary rights of access granted through this Article 5, Section 3, outside of designated easement areas, then a minimum forty-eight (48) hours notice shall be provided to the affected Lot Owner and reasonable steps shall be taken to minimize disturbance of the improvements on said Owner’s Lot, and the work shall be completed as quickly as is reasonably possible, along with subsequent restoration.
This Section 3 shall not be construed in any way to allow the Declarant or the Association unrestricted access across any Lot within Wildview Ridge, and is only intended to provide for reasonable access immediately adjacent to established easements where such access is necessary to accomplish the purposes of the Association for the common benefit of Lot Owners in Wildview Ridge as further set forth in this Declaration.
Section 4 - Reservation of Temporary Easements for Declarant
Declarant hereby reserves unto itself for the duration of the Development Period, the unrestricted right of access to and over all easements established for any purpose whatsoever within the plat Wildview Ridge, including on any of the Lot(s) therein for the purpose of constructing, reconstructing, maintaining, or otherwise performing any work deemed necessary by Declarant on utilities, drainage ways, access roads, or other improvements of any kind within said easement areas. These temporary easement rights shall be in addition to all other rights reserved for or granted to the Declarant through this Declaration.
Section 5 - Easement for Government Personnel
An easement for access by police, fire, rescue, and other government personnel is reserved across the private road and all Common Areas as necessary or appropriate for the performance of their public duties.
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ARTICLE 6
ADMINISTRATION AND USE OF COMMON AREAS AND COMMON MAINTENANCE AREAS
Section 1 - Owners' Easements of Enjoyment of Common Areas
Not Applicable
Section 2 - Insurance
Nothing shall be done or kept in any Common Maintenance Area which will increase the rate of insurance on the Common Maintenance Area or other Lots or Improvements without the prior written consent of the Board. Nothing shall be done or kept in any Common Maintenance Area which will result in the cancellation of insurance on any part of the Common Maintenance Area or which would be in violation of any laws or ordinances.
Section 3 - Alteration of and Common Maintenance Areas
Nothing shall be altered, or constructed in, or removed from any Common Maintenance Areas except upon prior written consent of the Committee. There shall be no construction of any kind within the Common Maintenance Areas except that additional improvements may be constructed if two-thirds (2/3) of the members of the Association authorize (1) the construction of such improvements and (2) assessments for such improvements, and further that such improvements are for the general benefit of all Owners. Also, any such improvements would be subject to the acquisition of all required permits from governmental agencies. This Section 3 shall not limit or prohibit Declarant (and no member consent shall be necessary), during the Development Period, from constructing or altering any such improvements to any Common Maintenance Areas, which the Declarant in Declarant's sole discretion, deems for the benefit and enhancement of said areas and the Association in general.
Section 4 - Dumping in Common Maintenance Areas
No trash, construction debris or waste, plant or grass clippings or other debris of any kind, nor hazardous waste (as defined in any federal, state, or local law or regulation) shall be dumped, deposited or placed on any Common Maintenance Areas. The Declarant, during the Development Period, and the Association, following expiration of the Development Period, shall be exempt from this Section 4.
Section 5 - Landscaping and Fencing
No permanent structures or landscaping of any kind, including fences, walls, or shrubs, may be built or placed within any right-of-way or easements, as delineated on the Plat, or on recorded instruments of title, except as deemed appropriate by the Committee. This prohibition shall not apply to the landscape and fence/monument sign improvements in the Common Maintenance Areas installed by Declarant, nor shall this Section 5 prohibit the Association from installing additional improvements or landscaping within the designated Common Maintenance Areas, nor shall this Section 5 prohibit the installation of fences by Lot Owners on property lines as may be otherwise allowed in this Declaration, nor shall this Section 5 prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration as to landscaping. Also, this prohibition shall not apply to landscaping of front or side yard areas of Lots extending up to the edge of the shoulder or paving in the private road easements, as further set forth in Article 13, Section 12 of this Declaration.
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ARTICLE 7
MAINTENANCE OF THE COMMON MAINTENANCE AREAS/DELEGATION OF MANAGEMENT
Section 1 - Maintenance of Common Maintenance Areas
Maintenance of the Common Maintenance Areas and all improvements thereon shall be the sole responsibility of the Association and shall include, but not be limited to, maintenance of the Common Maintenance Areas. All maintenance of Lots and Residences located on Properties shall be the sole obligation of the Owner, provided, however, the Association may, from time to time, provide certain common maintenance of Lots and Residences as may be determined to be in the best interests of all Owners. The Association shall maintain and regulate the use of Common Maintenance Areas for the benefit of each Lot within the Plat , and shall do all things necessary to preserve and maintain the Common Maintenance Areas for the purpose intended. The Declarant, during the Development Period, and the Board following the Development Period, shall have the exclusive right to establish use and operation standards for said Common Maintenance Areas to preserve the value and desirability of said Common Maintenance Areas for the enjoyment of the Members of the Association, subject to Pierce County regulations.
Section 2 - Responsibility for Maintaining Private Roadway and Drainage Improvements and Common Maintenance Areas
The Association is responsible for maintaining and preserving the character of areas, as defined in this Declaration as Common Maintenance Areas. Common Maintenance Areas have been set aside for private roadway and drainage improvements, and for landscaping and community identification purposes, or for drainage and slope control purposes.
Maintenance shall include, but not be limited to, road surfacing, shoulders, gates, signs, storm drainage facilities, and vegetation control.
The roadway shall be maintained in a safe condition consistent with County standards for private roads. The “full” or “entire” surface of the roadway shall be maintained to allow free and reasonable passage of such vehicular traffic as may be reasonable and necessary in order that all parties may enjoy full and free use of the parcels of real property affected hereby. Where any question exists as to the standards to be applied, the Owners may obtain a recommendation from a licensed professional engineer whose written recommendations may be allowed in lieu of the standards identified above.
If the Association fails to maintain the Private Road, Pierce County has the right, after notice and an opportunity to cure, to assess the Members of the Homeowners Association the monies necessary to construct the Private Road to Pierce County standards. Upon completion of the road construction to County standards and dedication of rights-of-way, the County will accept the road into the County road system for maintenance. The Association shall be relieved of its responsibilities under this section to the extent they are assumed by Pierce County, or any other local, state or federal governmental agency or utility.
Section 3 - Repair of Common Maintenance Areas
Any damage to the Common Maintenance Areas or improvements thereon, including landscaping plantings, fences, berms, etc., by the Owners or their children shall be repaired within one (1) week by the Owners who (or whose children) caused the damages. If the damage cannot reasonably be repaired within one week, the time for the Owner to repair the Property shall be extended to the time reasonably required to repair the Property, provided that the Owner promptly begins, and diligently pursues, the repair of the damage. If such repairs are not made timely, the Association shall execute the repair and the Owner will be obligated to immediately pay the Association or its designee for the repair. If the Owner fails to promptly make payment for such repairs, the Owner will be charged interest at the rate of 12 percent (12%) per annum on the payment due, the payment due shall be a personal liability of the Owner, and the amount of the payment due shall be a lien on the Owner's Lot.
Section 4 - Management
Each Owner expressly covenants that the Board and the Declarant, during the Development Period, and the Board, after the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance of Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management shall be terminable by the Association without cause upon ninety (90) days' written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive periods of up to three (3) years each. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Any fees or salaries applicable to any such management, employment or service agreement shall be assessed to each Owner.
Section 5 - Native Growth Protection Easements or Tracts
All NGPE and buffer areas shown on the face of the final recorded plat for Wildview Ridge are subject to restrictions as set forth on said plat map. In general, no alteration of such areas by any Lot Owner will be allowed without prior approval of the Pierce County Planning Department, or other responsible agency.
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ARTICLE 8
ASSESSMENTS
Section 1 - Obligation for Assessments
Each Owner of any Lot, by acceptance of a deed therefor, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, (2) special assessments for capital improvements, and (3) any assessments made by Declarant pursuant to this Declaration. If the Owner fails to timely pay any assessments within thirty (30) days of the date specified by the Association or Declarant (during the Development Period), the annual and special assessments, together with any interest, costs and any reasonable attorney fees incurred to collect such assessments, shall be a lien on the land comprising the Lot, and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with any interest, costs and reasonable attorney fees incurred in attempting to collect the easement, shall also be the personal obligation of the person who is the Owner of such Property at the time when the assessment fell due. The personal obligation for delinquent assessments shall continue even if the Owner subsequently transfers legal or equitable title to the Lot; however, the personal obligation for delinquent assessments shall not pass to the delinquent Owner's successors in ownership of the Lot unless expressly assumed by the successor(s). The Association shall record such liens in the Office of the Pierce County Auditor.
Section 2 - Purpose of Assessments
The assessments levied by the Association shall be used exclusively to (1) promote the recreation, health, safety and welfare of the residents of the Properties, and (2) for the improvements and maintenance of Common Maintenance Areas as provided in this Declaration.
Section 3 - Annual Assessment
Commencing on the date of recording for the final plat of Wildview Ridge, the annual assessment shall be Six Hundred and No/100 Dollars ($600.00) per Lot; Twenty percent (20%) of which shall be allocated and paid to the Declarant for Plat management services provided by the Declarant (or by a professional management firm hired by Declarant) to the Association. Such allocation of funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping, and other management responsibilities which are described with particularity in the Bylaws of the Association. The balance of the annual assessment shall be used by Declarant during the Development Period, and by the Association after the Development Period, for maintenance, repair, and other purposes permitted by this Declaration.
The annual assessment may be increased during the Development Period to reflect increased (1) maintenance costs, (2) repair costs, or (3) Plat management costs. All increases during the Development Period must directly reflect increases in the above recited costs. During the Development Period, the Declarant shall have the authority to reduce the annual assessments if economic data supports such a reduction because of reduced maintenance costs or other anticipated Association expenses.
a. After the Development Period expires, the maximum annual assessment may not be increased each year more than 10 percent (10%) above the maximum assessment for the previous year without a vote of the membership pursuant to Article 8, Section 3(b) of this Declaration.
b. After the Development Period expires, the maximum annual assessment may be increased by more than 10 percent (10%) (over the previous years' maximum annual assessment) only if two-thirds (2/3) of the members of the Association, who are voting in person or by proxy at a meeting duly called for this purpose, consent to such an increase.
c. After the Development Period expires, the Board of Directors shall fix the annual assessment in accord with the above-recited standards.
Section 4 - Special Assessment for Capital Improvements
In addition to the annual assessments authorized above, the Association (or during the Development Period, the Declarant) may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Areas not prohibited by this Declaration, including fixtures and personal property related thereto, provided that any such assessment for those capital improvements or repairs exceeding Five Thousand and No/100 dollars ($5,000.00), except as required to insure a constant supply of water to each Lot Owner, shall have the assent of two-thirds (2/3) of the members of the Association who are voting in person or by proxy at a meeting duly called for this purpose. (Refer to Article 12, Section 10 for exception to the provisions of this Section 4 for operation and maintenance of water supply systems.)
Section 5 - Notice and Quorum for any Action Authorized Under Sections 3 and 4
Written notice of the place, day, hour and purpose of any meeting called for the purpose of taking any action authorized under Sections 3 and 4 of this Article shall be sent to all members not less than thirty (30) days nor more than fifty (50) days in advance of the meeting. At the first meeting called, the presence of two‑thirds (2/3) of the members of the Association or of proxies entitled to cast two-thirds (2/3) of the votes of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement; the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. In the event that a quorum is still not achieved at the second meeting, then the Declarant, during the Development Period, shall have the sole and exclusive authority to initiate a special assessment and carry out capital improvements more fully described in Article 8, Section 4 herein without first obtaining the approval of the required number of members of the Association as further defined in Article 8, Sections 4 and 5 herein.
Section 6 - Uniform Rate of Assessment
Both annual and special assessments arising under Article 8, Sections 3, 4, and 11, must be fixed at a uniform rate for all Lots, provided, however, that, as stated in Article 8, Section 10, any unimproved Lot owned by the Declarant shall not be subject to any assessments or charges described in this Declaration and all or any other assessments that may be levied in the future for any purpose whatsoever. Assessments shall be collected on a monthly, bi-monthly, quarterly, or annual basis as determined by the Declarant during the Development Period, or by the Association for periods after the Development Period.
Section 7 - Date of Commencement of Annual Assessment; Due Dates
The annual assessments described in this Article shall commence upon recording of the plat of Wildview Ridge, subject to the exemption set forth in Section 10 herein. Written notice of any change to the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.
Section 8 - Effect of Non-Payment of Assessments; Remedies of the Association
Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 12 percent (12%) per annum. Each Owner hereby expressly vests in the Declarant during the Development Period, or the Association after the Development Period, or their agents the rights and powers to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Declarant or to the Association, as applicable, the power of sale in connection with such liens. The liens provided for in this Section 8 shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorney fees incurred in collecting past due assessments or enforcing the terms of assessment liens (see Article 16, Section 5). No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Maintenance Areas or abandonment of his Lot.
The Association shall have the right to suspend the voting rights and enjoyment of Common Maintenance Areas (see Article 6, Section 1[b]) of an Owner for any period during which any assessment against the Lot remains unpaid and for a period not to exceed sixty (60) days per infraction for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association.
Section 9 - Subordination of the Lien to Mortgage
The lien for assessments, provided for in this Article, shall be subordinate to the lien of any first mortgage or first deed of trust ("first mortgage"). Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, or the first mortgage holders acceptance of a deed in lieu of foreclosure, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall (1) relieve such Lot Owner or Lot from liability for any assessments thereafter becoming due nor from the lien thereof, nor (2) shall relieve the delinquent Owner from personal liability for the amount of the payments which become due prior to such sale or transfer, and for costs and attorney fees.
Section 10 - Exempt Property
All property dedicated to and accepted by local public authority shall be exempt from the assessments provided for in this Article. Lots within Wildview Ridge owned by Declarant, shall be exempt from any and all assessments provided for in this Declaration, as well as from any and all assessments of any kind that may be levied in the future for any purpose whatsoever, until such time said Lots are sold (conveyed) by Declarant. This Section 10 shall apply notwithstanding any other provision to the contrary in this Declaration.
Section 11 - Management by Declarant During the Development Period
Declarant, at its option, shall have and may exercise during the Development Period, all the rights and powers herein given to the Association. Such rights and powers are reserved by the Declarant, its successors and assigns as provided in Article 3. Declarant shall have the right and option to assess Owners for actual costs of maintaining Common Maintenance Areas and to assess a Plat management fee during the Development Period as set forth in Article 8, Section 3.
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ARTICLE 9
MAINTENANCE OF LOTS AND COMPLIANCE WITH THIS DECLARATION
Section 1 - Exterior Maintenance by Owner
Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, toys, household goods, tools, building materials, and other debris. All landscaping areas shall be regularly maintained and trimmed to present a clean, neat, and well-maintained appearance. All refuse shall be kept in sanitary containers sealed from the view of any Lot; the containers shall regularly be emptied and the contents disposed of off the Properties. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device shall not be prohibited.
No storage of automobiles in disrepair, (automobiles that cannot be driven, or are parked for the purpose of repair or storage), snowmobiles, motorcycles, boats, trailers, campers, recreational vehicles, or other similar over-sized or recreational vehicles, shall be permitted in open view from the ground level of any Lot or right-of-way. (Automobiles in disrepair, boats, trailers, over-sized trucks, campers, and recreational vehicles shall be referred to as "Vehicles.") This provision shall exclude temporary parking (less than forty-eight [48] hours) of Vehicles on the designated driveway areas adjacent to garages on the Lots.
This section is not meant to disallow permanent (more than forty-eight [48] hours) parking or storage of Vehicles on the Lots, but if so parked or stored, such Vehicles shall be reasonably screened from view from the adjacent roadway and Lots. Screening of such Vehicles must have the approval of the Committee.
“Screening” of boat, trailers, recreational vehicles, or similar vehicles in good condition shall not be construed as a requirement for complete enclosure of such vehicles, but rather that such vehicles, if parked in the rear or side yard areas, shall be reasonably screened from ground level by natural or supplemental vegetation, and/or a six (6)-foot, solid, cedar fence-type enclosure or permanent structure. The Committee shall have the sole authority to decide what constitutes reasonable screening.
It is not the intent of this section to require screening of all such vehicles so that they are completely hidden from view by neighboring lot owners. However, vehicles in disrepair, as defined in this section, shall be screened so that they are completely hidden, except for reasonable temporary repair requirements, as approved by the Committee. A vehicle shall be deemed to be in a state of disrepair when its presence and/or appearance offends the reasonable sensibilities of the occupants of the neighborhood and/or has had engines, doors, trunk lids, hoods, fenders, tires, wheels, windows, grills or any of them removed, or is otherwise inoperable. No repair or dismantling of any vehicle or equipment shall be permitted on any Lot except within an enclosed garage.
Upon forty-eight (48) hours notice to the Owner of an improperly parked Vehicle, the Board has the authority to have towed, at the Owner's expense, any Vehicles still visible from the right-of-way or adjacent Residences that have been parked on any Lot or within the right-of-way for more than forty-eight (48) hours.
Notwithstanding the foregoing, Owners who have visiting guests intending to stay in a camper or recreational vehicle may secure written permission from the Board for such guests to park the Vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after written permission has been obtained from the Board.
Section 2 - Easements for Enforcement Purposes
All Owners hereby grant to the Association and their representative, an express easement for the purposes of going upon the Lots of owners to remove Vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration, or to perform any other maintenance or repair deemed necessary by the Board pursuant to this Article 9, or any other section in the Declaration.
Section 3 - Lot Maintenance by the Association
In the event that an Owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Association established through this Declaration, including maintenance of landscaping required in the adjacent right-of-way as set forth in Article 12, Section 12, the Board shall, upon receipt of written complaint of any Owner and the subsequent investigation which verifies that complaint, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within forty-five (45) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law for enforcement of labor liens and materialman's liens. In the event that the estimated cost of such repair should exceed one-half of one 0.50 percent (0.50%) of the County Tax Assessor assessed value of the Lot and improvements on the Lot, the Board shall be required to have the assent of two-thirds (2/3) of the Members before undertaking such repairs.
Declarant, the Association, or the duly appointed agent of either may enter upon any Lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration; provided, this provision shall not be construed as permission to breach the peace.
Should a Lot Owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington in existence at the time of any such arbitration.
Section 4 - Enforcement During the Development Period
During the Development Period, the Declarant may elect to exercise and perform the functions of the Board. If the Declarant elects not to perform this function, the Declarant may appoint the Temporary Board to function as provided herein.
Section 5 - Enforcement for Noncompliance With This Declaration
In the event that an Owner shall fail to comply with any section or provision of the Declaration, and any Amendments thereto, the Board may undertake to enforce compliance through the provisions of Section 3 herein, as well as Article 16, Section 4 of the Declaration, or any other authority granted to the Board through this Declaration. If such noncompliance occurs prior to occupancy of any structure on said Owner’s lot, the Board shall also have the right to place a “stop work” order on said construction, which may also be enforced by the local building officials at the request of the Board. Any Owner subject to such noncompliance does hereby agree not to oppose such stop work order, with the understanding that construction may not commence until compliance with the provisions of this Declaration is assured.
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ARTICLE 10
HOMEOWNERS’ ASSOCIATION
Section 1 - Non-Profit Corporation
The Association shall be a non-profit corporation under the laws of the state of Washington.
Section 2 - Membership
Every person or entity (including Declarant) who is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to, or a real estate contract vendee's interest in, said Lot and then only to the transferee of either the title to the Lot or the vendee's interest in the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association.
Section 3 - Voting Rights
The Association shall have two (2) classes of voting membership:
a. Class “A” - Class “A” members shall be all Owners, with the exceptions of (1) the Declarant while the Declarant is a Class “B” member, and (2) the Owners of Lots described as exempt in the Declaration. Class “A” members shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they by majority determine, but in no event shall more than one (1) vote be cast with respect to any Lot, nor shall any vote be divided. When more than one person holds an interest in any Lot, all such persons shall unanimously designate (in writing delivered to the secretary of the Association) one of the persons (owning an interest in the Lot) to vote (in person or by proxy) the vote for such Lot.
b. Class “B” - Class “B” member(s) shall be the Declarant (as defined in this Declaration), and shall be entitled to three (3) votes for each Lot owned. The Class “B” membership shall cease and be converted to Class “A” membership upon expiration of the Development Period, pursuant to Article 3, Section 1 herein, at which time the Declarant shall become a Class “A” member as to any Lots owned by the Declarant.
The voting rights of any Owner may be suspended as provided for either in this Declaration, or in the Articles, or in the Bylaws of the Association. The Declarant, during the Development Period, or the Association, after the Development period, shall have the right to suspend the voting rights of a member for (1) any period during which any assessment, or any other charge (as defined in Article 16, Section 6), against the Lot remains unpaid, and (2) for a period of not to exceed sixty (60) days each for any (and for each separate) infraction of the terms of this Declaration, the Articles or the Bylaws of the Association.
Section 4 - Meetings
A meeting of the Association must be held at least once each year. Special meetings of the Association may be called by the president, a majority of the Board of Directors, or by Owners having ten percent (10%) of the votes in the Association. Not less than fourteen (14), nor more than sixty (60) days in advance of any meeting, the secretary, or other officers specified in the Bylaws shall cause notice to be hand-delivered or sent prepaid by First Class United States Mail to the mailing address of each Owner, or to any other mailing address designated in writing by the Owner. The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the Board of Directors for a vote by the Owners, including the general nature of any proposed amendment to the Articles of Incorporation, Bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a director.
Except as provided in this section, all meetings of the Board of Directors shall be open for observation by all Owners of record and their authorized agents. The Board of Directors shall keep minutes of all actions taken by the Board, which shall be available to all Owners. Upon the affirmative vote in open meeting to assemble in closed session, the Board of Directors may convene in closed executive session to consider personnel matters; consult with legal counsel, or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the Association, and matters involving the possible liability of an Owner to the Association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes. The Board of Directors shall restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the Board of Directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this section shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure.
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ARTICLE 11
MANAGEMENT BY BOARD
Section 1 - Expiration of the Development Period
Upon expiration of the Declarant's management authority under Article 3, all administrative power and authority shall vest in a Board of three directors who need not be members of the Association. The Association, by amendment of the Bylaws, may increase the number of directors. All Board positions shall be open for election at the first annual meeting after termination of the Development Period under Article 3.
Section 2 - Terms
The terms which the Board members will serve are defined in the Bylaws.
Section 3 - Powers of the Board/Association
All powers of the Association, as administered by the Board, must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Properties and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation but not limitation:
a. Insurance - Obtain policies of insurance for Common Maintenance Areas. The Wildview Ridge Homeowners’ Association shall maintain in full force and effect, a general “all risk” liability policy in the face amount of not less than Two Million and No/100 Dollars ($2,000,000.00), naming the Association, the Declarant, and all Lot owners as additional insured. The requirement to name Declarant as an additional insured shall cease when Declarant is no longer a voting member of the Association.
b. Legal and Accounting Services - Obtain legal and accounting services if necessary to the administration of Association affairs, administration of the Common Maintenance Areas, or the enforcement of this Declaration. Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself of two or more Owners on matters affecting the Homeowners’ Association, but not on behalf of Owner(s) involved in disputes that are not the responsibility of the Association.
c. Maintenance - Pay from Association funds, all costs of maintaining the Common Maintenance Areas.
d. Maintenance of Lots - Subject to the requirements of Article 9, Section 3, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas, or (2) to preserve the appearance and value of the Properties or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot and the Lot for the cost of such maintenance.
e. Discharge of Liens - The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the entire cost of discharging the lien(s) and all of any costs or expenses, including reasonable attorney fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lots responsible to the extent of their responsibility.
f. Utilities - Pay all utility charges attributable to Common Maintenance Areas.
g. Security - Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and Common Maintenance Areas constituting the residential community created on the Properties.
h. Right to Contract - Have the exclusive right to contract for goods, services, maintenance, and capital improvements provided, however, that such right of contract shall be subject to the provisions of this Declaration.
i. Improvement of Common Maintenance Areas - Improve the Common Maintenance Areas with capital improvements, provided that for those capital improvements exceeding Five Thousand and No/100 Dollars ($5,000.00), the addition of such capital improvements to the Common Maintenance Areas must be approved by two-thirds (2/3) of the members of the Association who are voting in person or by proxy at a meeting duly called for this purpose (subject to notice and quorum requirements as set forth in Article 8, Section 5 herein). This limitation on capital improvements shall not apply to improvements necessary to insure a constant supply of water to each Lot Owner in Wildview Ridge.
j. Right of Entry - Enter any Lot or Residence, when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence 24 hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable, and any damage caused thereby shall be repaired by the Board, at the Association's expense, if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot and against the Owner of the Lot). If the repairs or maintenance activities were necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot and against the Owner of that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be specially assessed against the Owner of the other Lot and against the other Lot.
k. Promulgation of Rules - Adopt and publish any rules and regulations governing the members and their guests and establish penalties for any infraction thereof.
l. Declaration of Vacancies - Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three (3) consecutive regular meetings of the Board, or from a single annual meeting in the event the Board meets annually.
m. Employment of Manager - Employ a manager, as independent contractor, or such other employees as the Board deems necessary and describe the duties of such employees.
n. Payment for Goods and Services - Pay for all goods and services required for the proper functioning of the Common Maintenance Areas.
o. Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from Owner(s).
p. Bank Account/Financial Records - Open a bank account on behalf of the Association and designate the signatories required, and perform accounting functions as set forth below.
1) The Association of its managing agent shall keep financial and other records sufficiently detailed to enable the Association to fully declare to each Owner the true statement of its financial status. All financial and other records of the Association, including, but not limited to checks, bank records, and invoices, in whatever form they are kept, are the property of the Association. Each Association managing agent shall turn over all original books and records to the Association immediately upon termination of the management relationship with the Association, or upon such other demand as is made by the Board of Directors. An Association managing agent is entitled to keep copies of Association records. All records which the managing agent has turned over to the Association shall be made reasonably available for the examination and copying by the managing agent.
2) All records of the Association, including the names and addresses of Owners and other occupants of the Lots, shall be available for examination by all Owners, holders of mortgages on the Lots, and their respective authorized agents on reasonable advance notice during normal working hours at the offices of the Association or its managing agent. The Association shall not release the unlisted telephone number of any Owner. The Association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the Association in providing access to records.
3) At least annually, the Association shall prepare or cause to be prepared, a financial statement of the Association. The financial statements of Associations with annual assessments of Fifty Thousand and No/100 Dollars ($50,000.00), or more, shall be audited at least annually, by an independent certified public accountant, but the audit may be waived if sixty-seven percent (67%) of the votes cast by Owners, in person or by proxy, at a meeting of the Association at which a quorum is present, vote each year to waive the audit.
4) The funds of the Association shall be kept in accounts in the name of the Association and shall not be commingled with the funds of any other association, nor with the funds of any manager of the Association, or any other persons responsible for the custody of such funds.
q. Dedication of Real Property or Easementstc \l3 "Dedication of Real Property or Easements - Grant easements or rights of use over, under or upon any Common Maintenance Areas managed by the Association to public or private agencies, or to individual members of the Association for purposes deemed reasonable or appropriate in the sole discretion of the Board, so long as such easements or rights of use do not adversely affect the use and enjoyment of the Common Maintenance Areas by the Association’s members, as provided for in Article 6.
r. Exercise of Powers, Duties and Authority tc \l3 "Exercise of Powers, Duties and Authority - Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions by the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them.
s. Adopt and amend the Bylaws, rules and regulations of the Association.
t. Exercise any other powers conferred by the Bylaws.
u. Exercise all other powers that may be exercised in this State by the same type of corporation as the Association.
v. Exercise any other powers necessary and proper for the governance and operation of the Association.
w. Operate, maintain, repair, improve, and otherwise manage the operation of all Class "B" public water supply systems within Wildview Ridge in accordance with guidelines established by the Tacoma-Pierce County Health Department and WAC 246-291, until such time as the responsibility for such operation and maintenance is delegated to an approved satellite management agency, pursuant to WAC 246-295.
x. Assess a monthly charge for domestic water supply to directly offset operation and maintenance costs of the Class "B" water supply systems, or assess a reasonable surcharge against any Lot Owner whose monthly water usage exceeds the average of all Lot Owners. (Refer to Article 12, Section 10.)
Section 4 - Limited Authority
This Article 11 subject to the provisions of Article 3.
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ARTICLE 12
LAND USE RESTRICTIONS
Section 1 - Residential Character of Property/Business and Commercial “Home” Use of Property
No structure or building of any kind shall be erected, altered, placed, or permitted to remain on any Lot other than as a single-family residential dwelling and appurtenant structures. No trade, craft, business or manufacturing enterprise, or business or commercial activity of any kind shall be conducted or carried out in any house, garage, or with the Property itself, unless the following conditions are met: (1) the building associated with the business or commercial use must serve as the primary residence for that building’s Owner; (2) no vehicle associated with the business or commercial use shall be parked outside of an enclosed garage for more than three days; (3) the existence of operation of the business is not apparent or detectable by sight, sound, or smell, from outside the building; (4) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees or door-to-door solicitation of Lot Owners; and, (5) no goods, equipment, vehicles, and/or materials and supplies used in connection with any trade, service, or business shall be kept, parked, or stored outside of a building, or garage, for more than three days without being removed. Notwithstanding the foregoing, home care for children shall be allowed as a permitted use, so long as authorized by the State of Washington; provided, however, that in no event shall a daycare be allowed.
Section 2 - Reasonable Use Restriction
No Lot shall be used in a fashion which unreasonably interferes with any other Owner's right to use and enjoy the other Owner's Lots. The Board, the Committee designated by it, or the Declarant during the Development Period, shall determine whether any given use of a Site unreasonably interferes with those rights; such determinations shall be conclusive.
Section 3 - Prohibited Activities
No noxious or offensive activity shall be conducted on any Lot, nor shall anything be done or maintained on the Properties which may become an activity or condition which unreasonably interferes with the rights this Declarant gives other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detracts from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on any Property. Untidy conditions shall include, but are not limited to, publicly visible (unscreened) storage of boats, trailers, motor homes, recreational vehicles, disabled vehicles of any kind whatsoever, and landscaping which is not properly maintained, subject to the provisions of Article 9, Section 1.
Notwithstanding anything in this Section 3 of this Article 12 to the contrary, during the Development Period the Declarant may permit trailers ("temporary trailers") to be placed upon Owner's Lots to facilitate the sale of the Lots and the construction of residences (and residence-associated improvements) upon the Lots. All such temporary trailers shall be placed only upon either (1) a Lot being sold by the Lot's Owner, or (2) the Lot upon which a residence is being constructed by the Lot's Owner. No such temporary trailers shall be placed, without Declarant's permission, on any other Lot within the Plat or the adjacent rights-of-way. The Declarant specifically, in the Declarant's sole discretion, may (i) completely deny an Owner permission to place a temporary trailer on the Owner's Lot, (ii) require any temporary trailer placed upon the Lot to be placed in such a location as to minimize view from public rights-of-way or from residences on other Lots, or (iii) impose landscaping requirements which the Declarant, in the Declarant's sole discretion, may require, to improve the appearance of the temporary trailer on the Lot.
Section 4 - Maintenance of Lots During the Construction Period
Each Lot Owner, exclusive of the Declarant shall have a responsibility to generally maintain the Lot in a neat and clean appearance after construction commences for a Residence on said Lot. After clearing of any vegetation for construction, the debris from the clearing operation shall be promptly removed from the Lot and disposed of off site in an approved location. In no case shall any vegetation cleared from one Lot be deposited on an adjacent Lot or on any Common Maintenance Areas.
During construction of each Residence, periodic efforts shall be made by the Owner, or the Owner's construction representatives, to pick up scrap materials and other construction debris and to periodically dispose of said materials. No dumping of any such debris or refuse shall be allowed on adjoining Lots or on any Common Maintenance Areas within the Plat of Wildview Ridge. Upon completion of the construction on any Lot and prior to the occupancy of the structure, the Lot Owner shall be responsible for keeping the landscaping improvements and the structure itself in a clean and neat appearance. This shall include the responsibility for regular landscape maintenance, watering, trimming, and upkeep to present a finished, manicured appearance of said premises from the adjacent right-of-way. In the event that the Lot Owner, or Owner's construction representative(s), fails to meet the standards set forth in this section, the Board shall have the right to complete such clean-up activity in accordance with the provisions as set forth in Article 9.
Section 5 - Prohibited Vehicles/Structures
No mobile or "manufactured" homes, trailers, structures of a temporary character, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes.
Section 6 - Mining
No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permissible if the storage tank is buried, any necessary permits are obtained, and the storage complies with all applicable environmental laws, rules, and regulations.
Section 7 - Animals (NOTE: check here for Board interpretation of this section)
No animals (pets) except dogs, cats, caged birds, fish and tanks, and other household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the Plat . Leashed animals are permitted within rights-of-way and private road easements when accompanied by their Owners. Efforts shall be made by the person accompanying the animal to exercise "scooping" of animal waste. All pens and enclosures must be approved by the Committee prior to construction and shall be kept clean and odor free at all times.
No animal that is, or becomes an annoyance or nuisance to the neighborhood or Lot(s) Owner shall thereafter be kept on any Lot(s).
No dog shall be kept on any Lot at any time that has ever inflicted bites on a human or domestic animal either on public or private property, or chases or approaches a person upon the streets, sidewalks or on public or private grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise threaten the safety of humans or domestic animals. Any dog that shows or has shown such tendencies on any occasion shall be removed from the Lot in an immediate fashion. No pets shall be allowed to roam at any time outside the Lot boundaries.
Dog kennels and or dog runs shall not be established in front yards but shall be located in the back or side yard screened from ground view of other Lots and the roadways.
If the investigation of the Board indicates that animals are kept in violation of this section, the Board will give the Owner ten (10) days' written notice of the violation. Such violation must be remedied by the Owner within ten (10) days. Failure to comply with the written notice will result in a fine of Twenty-five and No/100 Dollars ($25.00) per day. Any fine imposed by this section shall be the personal obligation of the fined Owner and a lien on the Lot of the fined Owner. The Association shall be entitled to attorney fees and costs for any action taken to collect such fines in accordance with the provisions of Article 16, Section 5.
Section 8 - Signs
a. No signs, billboards, or other advertising structures or device shall be displayed to the public view on any Lot except one (1) sign not to exceed six (6) square feet in area may be placed on a Lot to offer the Property for sale or rent. The sign may also be used by a builder to advertise the Property during the construction and sale period. Political yard signs, not more than eight (8) square feet in area, of a temporary nature, will be allowed during campaign periods on Lots. Within five (5) days after the date of the election to which the sign refers, such signs must be removed from Lots. This Section 8(a) (including, but not limited to, the restrictions on the number of signs and the sign size limit) shall not apply to signs approved under Section 8(b) of this Article 12 by the Declarant during the Development Period.
Builders/contractors are allowed one (1) sign no larger than twelve (12) square feet of area per face to be placed on a Lot to offer a Lot or house for sale. However, any signs larger than six (6) square feet per face shall be subject to approval by the Declarant during the Development Period and the Association after expiration of the Development Period.
b. The Declarant may, but is not required, to establish, for the duration of the Development Period, signage guidelines and standards for Lot identification signs, realtor identification signs, "for sale" signs, and other signage that may be placed by Owners or parties other than the Declarant on any part of the Lots within Wildview Ridge, the Common Maintenance Areas, or public rights-of-way. The Declarant may, but is not required, to also develop an overall theme for signage within the project, including specific requirements for physical sign installations and size requirements, which theme will then become part of the established guidelines and standards for signage in Wildview Ridge during the Development Period. In the event such guidelines are established, the Declarant shall make the signage guidelines and standards available upon request to Lot Owners and their representatives, including both builders and real estate agents of Lot Owners.
During the Development Period, the Declarant shall have the sole and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property encompassed within the Plat of Wildview Ridge, including the adjacent rights-of-way. Every Owner of a Lot in Wildview Ridge, and any builder or real estate agent on behalf of an Owner, shall submit any proposed signs to the Declarant for approval prior to installation of the signs.
Any signs not specifically approved by the Declarant found anywhere on Lots in Wildview Ridge, the Common Maintenance Areas, or on adjacent rights-of-way, may be promptly removed and disposed of by the Declarant. The absolute right of the Declarant to remove unauthorized signs from the Premises specifically includes, but is not limited to, the Declarant's right to remove any and all signs placed by real estate agencies or their representatives, including temporary reader board signs and other signage installations.
No person, including, but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind for sign(s) removed by Declarant pursuant to this Section.
c. The Board may cause any sign placed on Properties, in violation of this Article 12, Section 8, to be removed and destroyed without compensation of any kind to anyone including, but not limited to, any persons having an ownership interest in the sign. This section shall not apply to signage placed by Declarant. (See Article 12, Section 8[d].)
d. Additional signage may be installed by Declarant during the "Development Period" to promote the sale of Lots or houses, and to promote Declarant's project and company. Notwithstanding anything in this Section 8 to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions, and specifically shall not be subject to the limitation set forth in this Section 8(a) on the number of signs and the size of signs. The Declarant shall not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Section 8(b). The Declarant has the authority to approve larger signs by builders/contractors for the purpose of general advertising not specifically related to an individual Lot or residence. This approval shall extend to the content, size, colors, and location of such signs. In all cases, approval of such special signage shall be at the sole and exclusive discretion of the Declarant.
e. The Declarant further reserves the option to include the identification of Novastar Development Inc. on the entry monument signage for the Properties at the time of installation of said entry monumentation. This identification may be "A Novastar Community." Once installed, the Association shall be responsible to maintain this signage and identification in good condition, along with the Plat identification signage for the duration of these Covenants, Conditions and Restrictions as provided for in Article 16, Section 1, or until such time as Novastar Development Inc. consents or elects to remove this identification. Each Owner hereby covenants that this section of the Covenants, Conditions and Restrictions shall not be amended without the express written approval of Novastar Development Inc., even after expiration of the Development Period.
Section 9 - Delegation of Use and Responsibilities
Any Owner may delegate, to members of his family or his tenants, in accordance with the Bylaws of Wildview Ridge Homeowners’ Association, and the Owner's right of enjoyment of Common Maintenance Areas. In the event an Owner rents or leases his Property, a copy of this Declaration, as well as any rules and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the rental agreement. Each Owner shall also be responsible for informing guests and service personnel of the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association as they may relate to appropriate community behavior. Each Owner personally, and the Owner's Lot, shall be responsible for any damages to any Common Maintenance Areas (or any other area maintained by the Association) or to any other Association property, whether real or personal, caused by an Owner's family, guest, tenant, agent, workman, contractor or other licensee or invitee. The Association shall have a lien upon the Owner's Lot for the amount of damages.
Section 10 - Water Supply/Special Requirements/Irrigation
Landscape irrigation systems will be allowed for individual Lots, subject to limitations associated with the operation and maintenance requirements for the Class “B” public water supply systems providing water service to each Lot in Wildview Ridge. The unrestricted irrigation of large landscaping areas may not be allowed without mitigation requirements, which may include a limitation on the hours that irrigation will be allowed. Use of irrigation systems for landscaping purposes on individuals Lots are generally subject to rules and regulations governing the use of Class “B” water supply systems as administered by the Tacoma-Pierce County Health Department, and this Declaration shall not be construed to supersede such requirements, if any. The Association has the exclusive authority to limit or ban irrigation usage if at any time such usage is deemed to adversely affect the operation of the Class “B” water supply systems.
Each Owner in the plat of Wildview Ridge is encouraged to use “ultra flow” low water use plumbing fixtures, according to general standards and guidelines of the Tacoma-Pierce County Health Department. These fixtures are generally consistent with water conservation practices. Further information is available from the Tacoma-Pierce County Health Department. Each Lot owner shall be responsible to confirm applicable construction standards, if any, from the Tacoma-Pierce County Health Department.
The Association shall be responsible for operation of all of the Class “B” public water supply systems constructed to provide water service to all Lots within Wildview Ridge, according to the requirements of the Tacoma-Pierce County Health Department, and the Washington State Department of Social and Health Services. The Board reserves the sole and exclusive right to contract with an independent satellite management agency for operating these systems if it is determined in their sole and exclusive discretion that such contractual arrangements are for the benefit of the Association and its members, pursuant to WAC 246-295. Management of the water systems generally include, but may not be limited to, routine maintenance and inspection, implementation of repairs, and/or replacement of equipment, and water sampling, as required by the Tacoma-Pierce County Health Department. Further information regarding operation and maintenance requirements is available in the Operation and Maintenance Guidelines for the Wildview Ridge water systems on file with the Tacoma-Pierce County Health Department.
The Board also reserves the right to authorize the installation of water meters for each Lot to evaluate water usage as part of the management of the Class “B” water supply systems among all Lot Owners and to charge a reasonable monthly fee for water service to offset operational costs, to the extent such costs are not covered from annual dues imposed through this Declaration. After establishing average figures for water usage on a daily basis among all Lot Owners, the Board shall have the right to assess a reasonable surcharge for excessive water use in the event such assessment is necessary to provide for the reasonable cost of operation and maintenance of the associated water system, compared with the average cost among all Lot Owners within Wildview Ridge. In that event, such rates of assessment and monthly charges shall be consistent with the cost applicable to Lot Owners outside the plat of Wildview Ridge who receive service from the City of Bonney Lake, as modified to reflect the actual cost and/or impacts of such excessive use on the water systems installed within Wildview Ridge.
In the event additional improvements are required to any of the water systems serving Wildview Ridge to add pumps, treatment facilities, filters, or other equipment as may be required by the Tacoma-Pierce County Health Department, or their successor agency, based on changes to regulations applicable to the operation of such systems, and/or changes to the quality or volume of water from any one system in Wildview Ridge, the Board shall have the sole and exclusive authority to contract for such improvements and levy an assessment among all Lot Owners within Wildview Ridge at a uniform rate to provide for such improvements, regardless of which water system is being improved or modified. This right of the Board to contract for such improvements, based on requirements of the Tacoma-Pierce County Health Department to maintain an adequate and constant water supply for each Lot Owner in Wildview Ridge, shall not be subject to the expenditure limitation set forth in Article 8, Section 4 herein, and each Lot Owner hereby expressly agrees to such power and authority, and consents to such special assessment, while waiving any protest. Each Lot Owner also agrees to cooperate with the Board and the Association to whatever reasonable extent is necessary to accomplish such improvements, including, but not limited to, interconnection of any of the water systems in Wildview Ridge or modifications or expansion thereto.
Section 11 - 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 group, accumulate or remain on any Lot so as to be unsightly, a detriment to the neighborhood, or become a fire hazard.
Section 12 - Clothing Lines
No clothes line shall be located on a Lot so as to be visible from the street, common areas, or dwelling on other Lots.
Section 13 - Fuel Tanks
No fuel tank shall be located above ground on any Lot unless screened from view in a manor satisfactory to the Architectural Control Committee.
Section 14 - Lighting (NOTE: check here for Board interpretation of this section)
No Lot Owner shall erect or maintain outdoor lighting for sports court facilities, or for other purposes that causes unreasonable glare onto adjoining lots or streets. Outdoor lighting shall be defined as any high intensity lighting used to illuminate large areas for the purpose of outdoor activities. Any such lights shall be properly shielded to avoid direct glare onto adjoining residences, and shall also be turned off after 11:00 p.m. until 7:00 a.m., unless otherwise approved by the Committee.
This restriction on outdoor lighting shall not in any way be construed to limit the right of any Lot Owner to install typical exterior lighting on structures and within yard areas for security purposes, or to install specialty lighting, such as, but not limited to lighting associated with holidays, such as Christmas. The limitation on the hours of operation of high intensity lighting shall not apply to other lighting, as set forth herein.
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ARTICLE 13
BUILDING RESTRICTIONS/REQUIREMENTS
Section 1 - Size/Height Restrictions
No Residence shall be constructed which exceeds the allowable height set forth in the Pierce County Zoning Code for this zone. No single structure shall be altered to provide residence for more than one (1) family. Rambler-type primary residences (residence consisting of a basement and one story, or residence consisting of a single story) shall contain at least 2,000 square feet. Multi-story primary residences (residence consisting of a basement and two stories, or residences consisting of two stories) shall contain at least 2,400 square feet. In computing the total square footage of a residence, the basement shall not be included, nor shall garages or enclosed decks be included.
The size of a home constructed on any Lot shall be subject to review and approval by the Committee, in the Committee’s sole discretion. It is the express intent of this Section 1 to enable the Committee to evaluate all aspects of a proposal for a home on a Lot, including size, elevation, architectural style, landscaping, location within the Plat , and other factors to determine its acceptability, pursuant to Article 15.
Section 2 - Building Materials
All homes constructed on each Lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with the aesthetic character of Wildview Ridge development and whether the material would add to the attractive development of the subdivision. All roofs are to be of a fire-resistant material, such as concrete shingle, tile, architectural grade composition roofing (40-year minimum, “elk”-type or equal) of a color approved by the Committee, or similar material, unless otherwise approved by the Committee.
All siding and trim are to be resawn wood, stucco, drivit, “LP”-type siding, hardy-plank (concrete) or similar material, all of a color approved by the Committee. All visible masonry shall be new or decorative brick or tile, or similar decorative masonry units, such as river rock or stone. T-111 or similar plywood-type siding is not allowed.
The exterior of all construction on any Lot shall be designed, built, and maintained in such a manner as to blend in with the natural surroundings and landscaping within Wildview Ridge. Exterior colors must be approved by the Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters, and the exterior finish of garages and other accessory buildings shall be designed, built, and maintained to be compatible with the exterior of the structure they adjoin. Generally, colors shall be soft earth tones, beige, or pastels, and similar shades.
Section 3 - Building Setbacks
No structures shall be located within thirty (30) feet of the front lot line (easement line) or nearer to the front or side street lot line than minimum dwelling setback lines required by relevant public zoning ordinance. For the purpose of this Covenant, eaves, steps, chimneys, and open porches shall not be considered as part of the dwelling; provided, however, that this shall not be considered to permit any portion of a dwelling on a Lot to encroach upon any required setbacks by local codes, or to encroach upon another Lot or upon any easements indicated on the face of the Plat or as otherwise recorded, or upon the Common Maintenance Areas. In no event shall any structures violate any provisions of any applicable building or zoning ordinance, or any specific setbacks as set forth on the recorded Plat map, or any setbacks imposed through the establishment of easements for utilities or access.
Section 4 - Driveways
All driveways shall be paved with asphalt concrete paving or exposed aggregate concrete, unless otherwise approved by the Committee.
Section 5 - Contractor
Without the prior approval of the Committee, no home may be constructed on any Lot other than by a contractor licensed as a general contractor under the statutes of the state of Washington.
Section 6 - Pilaster Requirement
Each home constructed in the Properties shall include one (1) brick pilaster (column) at each corner of the driveway adjacent to the street. The brick shall match the masonry on the home unless otherwise approved. The pilaster shall be a minimum of sixteen (16) inches square and thirty (30) inches in height, and shall include a light on top within an appropriate fixture.
Section 7 - Fireplace Chimneys
No metal flues nor metal chimneys will be allowed on any residences or other buildings constructed on any Lot, unless enclosed within appropriate wood or masonry materials.
Section 8 - Maximum Structure Height Limitations/View Preservation
Not Applicable
Section 9 - Drainage Control Over Slopes
Not Applicable
Section 10 - Garages
Each Residence shall incorporate a minimum two (2)-car garage designed and constructed as an integral part of said Residence. In special circumstances, a detached garage may be approved by the Committee. Three (3)-car garages are encouraged within the development to include provisions for the storage of recreational vehicles or boats within the garage enclosure.
Section 11 - Fence and Walls
Fences, walls or hedge rows are only permitted on side and rear property lines. However, no such fences, walls or hedge rows shall be allowed on any side or rear property line closer to the street easement line than the adjacent residential structure, unless specifically approved by the Committee. For corner Lots, this applies to both street frontage measurements. Fences, walls and hedge rows are not permitted on front property lines, or on side street property lines for corner Lots, except as may be otherwise approved by the Declarant as part of the subdivision improvements, unless otherwise approved by the Committee. All fences installed on any Lot shall be six (6)-foot solid cedar fencing of a type and quality approved by the Committee. Wrought-iron fencing may also be allowed upon approval of the Committee. No barbed wire, chain-link, or corrugated fiberglass fences shall be erected on any Lot, except that chain-link fencing for sports facility enclosures may be considered for approval by the Committee upon individual request. All fences must be approved by the Committee prior to installation. The Committee may make available a standard detail for fence construction, which must then be used by all Lot Owners, unless a specific variance from this standard is approved by the Committee in writing. The Committee shall also approve the colors for fence installations. Any fencing installed in the Plat on any Lot which does not meet the standards set forth by the Committee, shall be removed at the Owner’s expense upon demand by the Committee.
Section 12 - Landscaping Standards
The entire front yard, including up to the edge of the ditch or shoulder in the adjacent street fronting any Lot within Wildview Ridge shall be landscaped in accordance with the provisions of this Section 12. At least fifty percent (50%) of this front yard area shall be grass lawn for any Lot where the house is within fifty (50) feet of the edge of the adjacent street, where a house is set back further, or where there are natural features, trees, or other factors that warrant alternate landscaping options, then the Owner shall submit such a revised proposal to the Committee for review, and the Committee shall have the right of review and approval of said plan as an alternative to the grass lawn requirement.
The landscaping shall be installed within sixty (60) days of the receipt of a Certificate of Occupancy, or within nine (9) months from the date that construction is initiated, whichever date is earlier. If inclement weather conditions prevent the timely installation of said landscaping improvements, the Lot Owner must make application to the Committee for an extension of time until weather conditions sufficiently improve. For corner Lots, the "front yard" shall mean the frontage on both streets, such that both street frontages and yards must be landscaped.
"Front yard" shall be defined as the lot area extending from the front easement line back to a line measured parallel with the front easement line which would coincide with the front wall of the main dwelling on the Lot, exclusive of any garage projections.
The front yard landscaping shall include all of the adjacent street easement area along the lot frontage out to the edge of the ditch or paving in the street. Each Lot owner shall be responsible for installing and maintaining the landscaping within this adjacent right-of-way. For those Lot(s) having a ditch along the street, the landscaping shall merge with the grass-lined ditch, and the ditch shall be kept in a neat condition with mowing required if not done by the Association, pursuant to the Common Maintenance Area obligations of the Association.
Section 13 - Plan Checks/Construction Cleanup Fee
Each Lot Owner shall be required to clean up the Lot within ten (10) days of receiving a Certificate of Occupancy. Such Lot Owners shall, upon application to the Committee for approval of house plans, be required to pay a Two Hundred Fifty and No/100 Dollars ($250.00) fee to the Committee to be used as follows:
a. Fifty and No/100 Dollars ($50.00) for house plan check as provided in Article 15, Section 9; and
b. Two Hundred and No/100 Dollars ($200.00) as a damage deposit to be held without interest until house construction is complete. The damage deposit will be used in the event the Owner does not comply with all construction standards, clean-up standards, and landscape installation and maintenance standards contained in Articles 12 and 13 of this Declaration (the "Completion Standards").
If the Owner does not comply with the Completion Standards, the Committee may handle the clean-up, landscape installation or maintenance, or any other actions required to bring the construction and Lot completion into compliance with this Declaration.
The cost of any actions taken by the Committee pursuant to this section shall be deducted from the Two Hundred and No/100 Dollars ($200.00) deposit. If the cost of the actions taken by the Committee, pursuant to this section, exceeds the deposit, the additional expense shall be the personal obligation of the Owner of the Lot, a lien upon the Lot, an "other charge" for purposes of Article 16, Section 6, and shall be paid to the Association upon demand.
Notwithstanding anything in this section or the Declaration to the contrary, neither the Declarant nor the Committee shall be obligated to take any action required to clean up a Lot, nor to bring a residence, landscaping, or other improvements on a Lot into compliance with the Completion Standards nor with other requirements of this Declaration. The Declarant or the Committee may take such action as the Declarant wishes; however, any action taken by the Declarant or the Committee shall not impose any requirement on the Declarant or the Committee to initiate or complete any other actions necessary or advisable to clean up the Lot or otherwise bring the construction and landscaping into compliance with the Completed Standards and this Declaration.
Once all of the construction on a specific Lot has been completed by the Owner, including all required landscaping improvements on site and within the adjoining rights-of-way as set forth in this Declaration, the Owner may request a refund of the Two Hundred and No/100 Dollars ($200.00) damage deposit.
Within thirty (30) days from receiving said notice, the Committee, or designated representative, shall conduct a site inspection to verify that the Owner appears to have met all Completion Standards, as defined in this section. If all Completion Standards appear to have been met, then the damage deposit `shall be returned to the Owner within ninety (90) days of the original date of the Committee's receipt of the request for the refund.
Return of all or any portion of the damage deposit shall not under any circumstances constitute a representation or warranty by the Declarant or by the Committee to the Owner, other Lot Owners, the Association, or anyone else, either (1) that the Completion Standards have been met, or (2) that any other requirements of this Declaration has been complied with.
If any part of the deposit may be required to fulfill Completion Standard requirements, then (1) the damage deposit may be applied to the cost of clean-up as set forth in this section, and (2) the Committee shall give the Owner written notice specifying the reasons for the denial of the refund. This section shall also apply if the clean-up costs exceed Two Three Hundred and No/100 Dollars ($200.00).
c. During the Development Period, Declarant shall have the right to waive these fees at Declarant's sole discretion.
Section 14 - Permits
No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority, and written approval of such permits from the Board, Committee, or the Declarant, as well as plan check approval as set forth in Article 15, Section 8.
Section 15 - Codes
All construction shall conform to the requirements of the State of Washington Rules and Regulations for Installing Electric Wires and Equipment, and Uniform Code (building, mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof.
Section 16 - The Time of Completion
The exterior of any structures, including painting or other suitable finish and front yard landscaping, shall be completed within nine (9) months of the beginning of construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonably clean during the construction period.
Section 17 - Entry for Inspection
Any agent, officer or member of the Board, Committee, or Declarant may, at any reasonable predetermined hour upon twenty-four (24) hour notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections.
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ARTICLE 14
UTILITIES
Section 1 - Wiring
The wiring (other than interior wiring) for buildings of any kind shall be underground.
Section 2 - Antennae
No radio or television antennae, or transmitters shall be permitted unless approved by the Committee. Any such installations shall be reasonably screened from public view as a minimum requirement for approval, but such screening shall not guarantee approval by the Committee. Any such installations shall not be approved if, in the sole discretion of the Committee, the installation(s) will detract from the appearance of the Lot or Properties.
Satellite dishes less than thirty-six (36) inches in diameter are permitted without screening, except in the front yard or where visible from the street.
Satellite dishes or parabolic reflectors exceeding thirty-six (36) inches in diameter are permitted, but must be reasonably screened from public view.
Any Lot Owner wishing to install such a reflector shall submit a plan for location and screening to the Committee for approval.
The Committee shall have the authority to require additional screening if it is determined that the installation does not meet these standards.
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ARTICLE 15
ARCHITECTURAL CONTROL
Section 1 - Architectural Control Committee ("Committee")
So long as the Declarant is either a Class “A” or Class “B” member (voting member) of the Association, the Declarant shall act as the Architectural Control Committee ("act as the Committee") created by this Article 15 (even if the Development Period has ended) unless the Declarant elects not to act as the Committee. If the Declarant is acting as the Committee, the Declarant shall have all authority and perform all functions given to the Committee by these Declarations and applicable law; all references to "Committee" in this Article 15 shall apply to the Declarant while acting as the Committee.
If the Declarant is still a voting member of the Association but elects not to act as the Committee, then (1) if the Development Period has not ended, Declarant shall appoint a Committee to function as the Committee and (2) after the Development Period, the Board shall appoint the Committee. At such time as the Declarant is no longer a voting member of the Association, the Board shall have the authority to appoint the Committee provided for by this Article 15. The Committee, when appointed, shall consist of not less than three (3) and not more than five (5) Members. It is not a requirement that Members of the Committee be (1) Owners or (2) Members of the Association.
If the Declarant is still a voting member of the Association, but has elected to relinquish its management authority to the Board, pursuant to Article 3, Section 1, then Declarant shall still act as the Committee, pursuant to this Section 1, until such time as Declarant elects not to act as the Committee, or until such time as the Declarant is no longer a voting member of the Association.
Section 2 - Jurisdiction and Purpose
The Committee or the Declarant as set forth herein, shall review proposed plans and specifications for Residences, accessory structures, fences, walls, appurtenant recreational facilities (e.g., hot tubs, basketball courts, tennis courts, swimming pools, and bath houses), or other exterior structures to be placed upon the Properties. No exterior addition, structural alteration, or exterior structures of any kind may be made until plans and specifications showing the nature, kind, shape, height, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of homes in the Plat . The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the (1) surrounding structures, (2) surrounding natural and built environment, and (3) aesthetic character of other homes in the Plat .
Section 3 - Membership
Except as provided in this Article 15, Section 1, the Committee shall be appointed by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons.
Section 4 - Designation of a Representative
The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The decisions of such individuals are subject to review by the entire Committee at the request of any member of the Committee.
Section 5 - Donation of Time
No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members shall have no financial liability resulting from Committee actions.
Section 6 - Address of the Committee
The address of the Committee shall be at the registered office address of the Association.
Section 7 - Voting
Committee decisions shall be determined by a majority vote of the members of the Committee.
Section 8 - Submission of Plans
All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identify the Lot involved, and the following information about the proposed structures:
a. The location of the structure upon the Lot;
b. The elevation of the structure with reference to the existing and finished Lot grades;
c. The general design;
d. The interior layout;
e. The exterior finish materials and color, including roof materials;
f. Other information which may be required in order to determine whether the structure conforms to the standards articulated in this Declaration and the standards employed by the Committee in evaluating development proposals.
g. A plot plan at a scale of one inch equals 20 feet (1" = 20') shall be required, which shall include topography information if the Lot has a grade difference from one side to another of more than ten (10) feet. The plan shall also include specific details of front and side yard landscaping improvements extending up to the edge of the street paving on the lot frontage.
h. The submittal to the Committee must be accompanied by the information summary sheet attached as Exhibit "A" to this Declaration. All information requested must be included on the summary sheet for the Committee to be able to consider the submittal complete. The time period allowed for review by the Committee as set forth in Section 12 herein shall commence once the submittal is considered complete.
Section 9 - Plan Check Fee
All individuals submitting plans to the Committee shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications to the Committee. A plan check fee of Fifty and No/100 Dollars ($50.00) will be charged to review plans and specifications for Residences. A fee of Twenty-five and No/100 Dollars ($25.00) will be charged for the review of other structures. After the Development Period, the review fees may be changed by vote of a majority of the Board, to cover reasonable review costs.
Section 10 - Evaluating Development Proposals
The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to such standards, in evaluating development proposals, the Committee shall determine whether the external size, design, color, building materials, appearance, height, configuration, location on the Lot, and landscaping of the proposed Lot (the "design elements") harmonize with (1) the various features of the natural and built environment, (2) the aesthetic character of the other homes in Wildview Ridge, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration (collectively the "approval factors"). The Committee shall decline to approve any design in which (1) the design elements fail to harmonize with the approval factors described in the previous sentence or which fail to meet any aesthetic standards promulgated by the Committee, (2) impacts adversely on nearby Properties, or (3) is of a temporary or non-permanent nature. Committee determinations may be amended by a majority vote of Committee members.
Section 11 - Exclusions
So long as the Declarant is either a Class “A” or Class “B” voting member of the Association, the Declarant shall have the right to waive the plans and specifications review for builders in Wildview Ridge. Any such waiver shall not exempt said builder from any of the standards or restrictions articulated in this Declaration, and all structures and improvements shall meet all standards and restrictions contained in these Declarations, subject to any variations approved by the Committee.
Section 12 - Approval Procedures
Within fourteen (14) days after the receipt of a complete application, including all required information, and plans and specifications, the Committee shall approve or disapprove the proposed structure. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration and criteria (including those in this Article 15, Section 10) or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event that no disapproval of such plans and specifications is given within fourteen (14) days of submission, then the plans shall be deemed to be approved. In any event, the Association shall hold the Committee members (and the Declarant, if acting as the Committee) harmless from any actions taken (or actions not taken) relative to the approval, disapproval, or non-action on any plans submitted for review. "Non-action" on the part of the Committee shall not exempt the applicant from any of the provisions of this Declaration or the restrictions articulated herein. By purchasing a Lot in Wildview Ridge, the Owners agree that, to the extent permitted by law, the Declarant shall have no liability to the Owners or the Association for any actions taken, or actions not taken, while acting as the Committee.
Section 13 - Compliance with Codes/Environmental Laws
In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with local building codes and requirements. The Owner shall hold the Committee members (and Declarant) harmless in the event that a structure which the Committee (or Declarant) authorizes fails to comply with relevant building and zoning requirements or these covenants and restrictions contained herein. No person on the Committee or acting on behalf of the Committee, nor the Declarant acting as the Committee, or anyone acting on behalf of the Declarant, shall be held responsible for any defect in any plans or specifications which are approved by the Committee or Declarant nor shall any member of the Committee or any person acting on behalf of the Committee or Declarant be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee, or by the Declarant.
Neither the Declarant, the Committee, nor any member of the Committee, nor the Association, nor anyone acting on behalf of the Committee or the Association, shall have any responsibility for compliance by Owner (or any agent, representative, guest, or invitee of Owner) with any environmental laws, regulations, or rules, including, but not limited to, those relating to hazardous waste and placement of underground oil storage tanks.
Section 14 - Variations/Final Authority of the Committee
The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions, or (3) to accommodate particular aspects of an application for approval, which when taken in context with the overall proposal by a Lot Owner, does not, in the Committee’s sole discretion, have a significant detrimental effect on the Plat or nearby Lots.
For purposes of approval of architectural design requirements, structure placement and all other aspects of review authority granted to the Committee and the Declarant through this Declaration, the decision of the Committee and the Declarant shall be final. The Committee shall have the sole and exclusive authority to deny approval for any construction in the Plat of Wildview Ridge, so long as it is the decision of the Committee that such construction will be detrimental to the community of Wildview Ridge and/or the lots immediately adjacent thereto. This shall include the right to deny proposed construction which meets the basic minimum requirements of the Declaration, but is substantially out of character or design with the theme of Wildview Ridge and/or the majority of construction already approved within the development, or the construction already approved on adjacent or nearby lots.
Section 15 - Enforcement
The Association (including the Declarant on behalf of the Association), Board, or any Owner shall have the right to bring suit for judicial enforcement of a determination of the Committee, or, after the Development Period, to seek an order requiring the Committee to exercise its authority, and perform its functions, under this Article 15. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party attorney fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal (see Article 16, Section 5).
Enforcement by the Association may also include placement of a "stop work" order on any construction that does not comply with the provisions of this Declaration, including, but not limited to, construction that is started by any Owner without first complying with the provisions of this Article 15 for architectural review. This action may be taken by the Association as deemed necessary in accordance with the provisions of Article 9, Section 4 herein.
The authority to take action under the provisions of this section shall further extend to failure of any Owner to pay the required review fees and submit the necessary plans and specifications required by the provisions of this section to the Association, prior to commencing with any work on said Owner's Lot.
Section 16 - Committee/Declarant Liability
The Association, and all Owners, shall hold the Committee members and the Declarant, if acting as the Committee, harmless from any actions taken (or actions not taken) under any section of this Declaration, including, but not limited to, actions taken (or not taken) under Articles 12, 13 and 15 of this Declaration. By purchasing a Lot in Wildview Ridge the Owners agree that, to the extent permitted by the law, neither the Declarant (nor any officer, director, or representative of Declarant), nor the Committee (nor any member of the Committee) shall have any liability to the Owners or to the Association for any actions taken, or actions not taken, while acting as the Declarant or the Committee under this Declaration.
"Non-action" on the part of the Committee or the Declarant shall not exempt the applicant from any of the provisions of this Declaration or restrictions contained in this Declaration.
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ARTICLE 16
GENERAL PROVISIONS
Section 1 - Covenants Running with the Land
The Covenants, Conditions and Restrictions articulated in this Declaration shall run with the land and bind the land for a term of thirty (30) years from the date that this Declaration is recorded. After thirty (30) years have expired, the Covenants, Conditions and Restrictions shall be automatically extended for successive periods of ten (10) years, unless amended pursuant to this Article 16, Section 2.
Section 2 - Amendment
So long as the Declarant is either a Class "A" or "B" member of the Association, this Declaration may be amended only if (1) the Declarant gives the Declarant's express written approval of the Amendment in writing, and (2) the Owners of at least 51 percent (51%) of the lots, as expressed through the voting power granted to said Owners pursuant to Article 10, Section 3 herein, including those owned by Declarant, sign an instrument (which may be executed in counterparts) approving the Amendment. At such time as the Declarant is no longer a Class "A" or Class "B" voting member of the Association, this Declaration may only be amended if the Owners of at least 75 percent (75%) of the lots, pursuant to the voting power granted to said Owners pursuant to the terms of Article 10, Section 3 herein, vote to amend particular provisions of this Declaration as then in effect (including any prior amendments). In no event shall any provisions expressly referring to the Declarant or Novastar Development Inc. be amended at any time without the express written approval of the Declarant and Novastar Development Inc., or their successors in interest (unless the Declarant and Novastar Development Inc. or their successors in interest, no longer exist). All Amendments must be filed with the office of the Pierce County Auditor.
Section 3 - Insurance on Lots
The Association shall have no obligation to obtain any insurance on the Lots or the structures located on the Lots except as expressly provided herein.
Section 4 - Enforcement
The Association (including the Declarant on behalf of the Association), the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration (including, but not limited to, Article 15, Section 15).
Section 5 - Attorney Fees
In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provisions of this Declaration, or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be personally obligated to pay any attorney fees incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's Lot.
In any legal action commenced in order to enforce the provisions of this Declaration, the prevailing party shall be entitled to recover all reasonable attorney fees and expert witness fees incurred in order to enforce the provisions of this Declaration. The prevailing party shall also be entitled to recover all costs.
Section 6 - Liens for Other Charges
This section shall apply to all fees, charges, penalties, interest, costs, attorney fees and other amounts assessed against an Owner or the Owner's Lot (the "other charges") and which are not described in Article 8, Sections 3 and 4 of this Declaration (the "regular assessments"). Unless otherwise provided in this Declaration, the other charges shall be a personal obligation of the Owner, and also a lien against the Owner's Lots identical to the lien of the regular assessments. The liens upon Lots for other charges may be recorded, collected and foreclosed in the same manner as liens for regular assessments, with the costs (including reasonable attorney fees) of collection or foreclosure, or both, to be additional "other charges" for which the Owner shall be personally liable and which shall be a lien on the Owner's Lot enforceable as provided in this section.
Section 7 - Interest
All assessments, penalties, liens, fines, and other charges (defined in Section 5 of this Article 6) shall bear interest, if not paid when due, at the rate of 12 percent (12%) per annum until paid in full. The interest shall accrue from the due date.
Section 8 - Successors and Assigns
The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns.
Section 9 - Severability
The invalidity of any one or more phases, clauses, sentences, paragraphs or sections herein shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if the invalid phrase, clause, sentence paragraph or section had not been inserted.
Section 10 - Rule Against Perpetuities
In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving member of the Temporary Board appointed by the Declarant in the Articles of Incorporation for the Association ("First Temporary Board") of the Association or twenty-one (21) years after the death of the last survivor of all of any of the First Temporary Board member's children and grandchildren who shall be living at the time this instrument is executed, whichever is later. All such provisions shall be given full effect until the particular provisions become void under this section.
IN WITNESS WHEREOF the undersigned, being the Declarant herein, have hereunto set their hand and seal this day of , 199 .
Thomas A. Barghausen, President
NOVASTAR DEVELOPMENT INC.
I certify that I know or have satisfactory evidence that Thomas A. Barghausen signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of Novastar Development Inc., to be the free and voluntary act of such part for the uses and purposes mentioned in the instrument.
Signature of Notary Public Dated
EXHIBIT "A"
PRELIMINARY INFORMATION WORKSHEET
BUILDER: ______________________________________ LOT NO: _____________
ADDRESS: ______________________________________
_____________________________________
Section I - Plot Plan and Landscaping
(Please include the following information on the plot plan and fill in blanks where provided.)
A. Plot Plan (Scale : 1" = 20')
1. Topographical Contours (2-' interval)
2. Location of Structure on Lot
Front yard setback
Side yard setback (right)
Side yard setback (left)
Rear yard setback
3. Existing and proposed grade elevations around structure(s)
4. Peak elevations of roof
5. Show all easements, including NGPEs, affecting lot
B. Landscape Plan/Information
1. Show proposed plantings by type, size and location
2. Show proposed lawn and planter areas (50 percent of front yard sod area minimum)
Section II - Residential Plan Requirements
A. Complete set of building plans, elevations, and specifications, providing the following information, as minimum:
1. Finished floor areas:
Main floor SF
Upper floor SF
Basement SF
Unfinished SF
Garage SF
2. Roofing materials:
3. Exterior wall finishes:
4. No. of fireplaces and finishes: Main
Other
7. Exterior color scheme (please attach samples or manufacturer name and number)
Main
Accent
Trim
8. Do you propose to install any antennas on exterior of structure? o No o Yes
(Note: Such structures require special approval from ACC Committee)
Please describe:
[jds1] 9. Main heating source: o Natural Gas o Natural Gas o Other (submit fee of $1,500)
B. Fees
1. Plan check (new plan for this lot: submit $50)
2. Damage deposit (all lots): submit $200
I, ________________________________________, am an authorized representative of Owner/contractor for the residence to be constructed on this lot, and certify that the information provided herein is accurate to the best of my knowledge. Any significant deviations from the above will be submitted to the Architectural Control Committee for review and approval.
Signature
Title:
Company
Submittal requirements:
1. Application Fees
2. One complete set of Building Plans
3. One copy of Plat/Landscape Plan
4. One copy of Preliminary Information Sheet
5. One color sample
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* Note: Plans submitted for review must be legible and will not be returned.
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