This document is filed for record by FIRST
AMERICAN TITLE INSURANCE CO. as an accommodation only. It has not been
examined as to its execution or as to its affect upon the title.
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR SILVER FIRS PHASE II
SILVER FIRS DIVISION 7
THIS DECLARATION is made this 5 day
of October, 1993 by CENTEX REAL ESTATE CORPORATION, a Nevada corporation
(hereinafter “Declarant”).
RECITALS
1.
Declarant is owner of those certain properties located in Snohomish County
more specifically described in Exhibit A of this Declaration (hereinafter
“Properties”). Declarant has developed certain portions of the
Properties, such portions being more specifically described in Exhibit B of
this Declaration (hereinafter “Platted Properties”).
2.
Declarant and Declarant’s predecessor in title have previously recorded
certain Declarations of Covenants, Conditions and Restrictions affecting the
Platted Properties under the following Snohomish County recording numbers:
7802240291
8605140309
8904190260
7808250287
8610080374
8905310499
7869140142
8805190085
8911150440
8405010094
8806080375
900315b522
8405160087
8906080376
(hereinafter “Platted Properties CCRs”).
3.
All Lot Owners of the Platted Properties are entitled to be members of and are
subject to the rules and regulations and the Bylaws of the Silver Firs
Homeowners Association, a nonprofit Association duly incorporated in the state
of Washington, but are not entitled to be members of nor be subject to the
rules and regulations of the Silver Firs Homeowners Association Phase II, as
described below.
4.
Declarant now desires to create a new phase in the development of the
Properties excepting therefrom the Platted Properties, which phase and the
properties thereunder shall hereinafter be referred to as “Silver Firs Phase
II,” and which will not be subject to the Platted Properties CCRs, and the Lot
Owners of which will not be part of the Silver Firs Homeowners Association.
5.
Declarant desires to form a new homeowners association to which only the Lot
Owners of Silver Firs Phase II will be members, hereinafter “Silver Firs
Homeowners Association Phase II,” and to establish new covenants, conditions
and restrictions affecting Silver Firs Phase II only. Each and every lot
in Silver First Phase II shall be subject to these Declarations and to the
Bylaws of the Silver Firs Homeowners Association Phase II.
NOW, THEREFORE, Declarant hereby
declares that all of the following described Properties:
Plat of Silver Firs Division 7
recorded in volume 55 of Plats, Pages 192 through 199 in Snohomish County,
Washington, under Snohomish County Auditor’s file number 9309085003.
and any additional property as may
hereafter be brought under the jurisdiction of this Declaration
shall be held, sold and conveyed
subject to the following easements, restrictions, covenants, and conditions,
established to protect the value and desirability of the said plat and for the
benefit of the owners of lots in the plat.
These easements, restrictions,
covenants and conditions shall run with the land and shall inure to the
benefit of and be binding upon all parties, their heirs, successors and
assigns, having any right, title or interest in the described plat or any part
thereof.
ARTICLE I.
DEFINITIONS
1.
“Association” shall mean Silver Firs Homeowners Association Phase II, a
Washington nonprofit corporation, its successors and assigns.
2.
“Board” shall mean the Board of Directors of the Association as provided for
in the Bylaws of the Association.
3.
“Bylaws” shall mean the Bylaws of Silver Firs Homeowners Association Phase II,
and all amendments thereto.
4.
“Common Area” shall mean all real property and interests in real property
(including the improvements thereto) owned by the Association for the common
use and enjoyment of the Owners, and shall in all events exclude each of the
lots within the plat.
The Common Area to be owned by the
Association at the time of the conveyance of the first lot is described as
follows:
Tracts 501, 502, 503, 504, 505 of Silver Firs Division 7 recorded in volume 55
of Plats, Pages 192 through 199 in Snohomish County, Washington under
Snohomish County Auditor’s file number 9309085003.
5.
“Declarant” shall mean Centex Real Estate Corporation, a Nevada corporation,
and its successors and assigns if such successors or assigns should acquire
more than one (1) undeveloped Lot from the Declarant for the purpose of
development and by written instrument in recordable form be specifically
assigned the rights and duties of Declarant.
6.
“Declaration” shall mean this Declaration and any amendments thereto.
7.
“Platted Lot(s)” shall mean any plot of land described in and shown on any
recorded subdivision map of the Properties, excluding Common Areas and areas
deeded to governments or public agencies.
8.
“Unplatted Lot(s)” shall mean the remaining unplatted balance of the 1722 lots
approved in the April 2, 1979 Rezone contract between Hillis Homes, Inc.
and Snohomish County, and the Master Plan for Development incorporated
therein.
9.
“Lot(s)” shall mean both Platted Lot(s) and Unplatted Lot(s).
10.
“Owner” shall mean the record owner, whether one or more persons or entities,
of a fee simple title to any lot in the Properties including any person or
entity holding a vendee’s interest under a real estate contract for the sale
of any such lots, but excluding those having such interest merely as security
for the performance of an obligation.
11.
“Properties” Shall mean Silver Firs Phase II, including that certain real
property described above as Plat of Silver Firs Division 7 recorded in volume
55 of Plats, Pages 192 through 199 in Snohomish County, Washington under
Snohomish County Auditor’s file number 9309085003, and such additional
property as may hereafter be brought within the jurisdiction of the
Association, as more specifically described in Article X.5 of this
Declaration.
ARTICLE II.
PROPERTY RIGHTS
1.
Owners’ Easement of Enjoyment
Every Owner shall have a
nonexclusive right and easement in common with all Owners, of enjoyment in and
to the Common Area. This easement shall be appurtenant to and shall pass
with the title to every Lot, subject to the following provisions:
a.
the right of the Association to charge reasonable admission and other fees for
the use of any recreational facility situated upon the Common Area;
b.
the right of the Association to Suspend the voting rights and right to use of
the recreational facilities by an Owner for:
(1) any period
during which any assessment against his Lot remains unpaid; and
(2) for a period
not to exceed sixty (60) days, for any infraction of its rules and
regulations;
c.
the right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority, or utility for such purposes and
subject to such conditions as may be agreed to by the members of the
Association. No such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer signed by two-thirds (2/3)
of each class of members has been recorded.
d.
the right of the Association to mortgage, pledge or deed in trust all or any
part of the Common Area as security for money borrowed or debts incurred.
No such mortgage, pledge or deed in trust shall be effective unless an
instrument agreeing to such mortgage, pledge or deed or trust signed by
two-thirds (2/3) of each class of members has been recorded.
e.
the right of the Association to adopt rules governing the appropriate use and
treatment of Common Area and facilities;
f.
the right of the Association to require from an Owner(s) reimbursement to the
Association for damages caused to Common Areas or Lots due to that Owner(s)’s
negligence or willful acts.
2.
Delegation of Use
Any Owner may delegate his right of
enjoyment to the Common Area and facilities, to the members of his family, his
tenants, or contract purchasers who reside on the property, in accordance with
the Bylaws of Silver Firs Homeowners Association Phase II.
ARTICLE III.
OWNERS ASSOCIATION
1.
Establishment
There is hereby created an
association to be called Silver Firs Homeowners Association Phase II
(“Association”).
2.
Form of Association
The Association shall be a
nonprofit corporation formed and operated pursuant to Title 24, Revised Code
of Washington.
3.
Membership
Every Owner of a Lot shall be a
member of the Association. Membership shall be appurtenant to and may
not be separated from the ownership of any Lot.
4.
Voting
A.
Voting Membership
The
Association shall have two classes of voting memberships:
Class A. Class A members
shall be all Owners of Platted Lots, with the exception of Declarant, and
shall be entitled to one (1) vote for each Platted Lot owned. When more
than one person holds an interest in any Platted Lot, all such persons shall
be members entitled to one (1) aggregate vote for each such lot owned.
Class B. The Class B
member(s) shall be the Declarant, who shall be entitled to three (3) votes for
each Lot owned. The Class B membership shall cease and be converted to
Class A membership on the happening of the earlier of one of the following
events:
(1) when the
total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership, or
(2) on December
31, 2007.
B.
Number of Votes
Except as provided above, the total
voting power of all Owners shall equal the number of Lots at any given time
and the total number of votes available to Owners of any one Lot shall be one
(1) vote. When ownership in one Lot is in joint Owners, the vote for
such Lot shall be exercised as they determine, but in no event shall more than
one (1) vote be cast with respect to any Lot. If more than one vote is
cast for a particular Lot, none of those votes shall be counted and those
votes shall be deemed void.
The vote for any Lot must be cast
as a single vote. Fractional votes shall not be allowed.
C.
Voting Representative
There shall be one (1) voting
representative of each Lot. Declarant shall be the voting representative
for each Lot owned by Declarant. Owner shall be the voting
representative for each Lot owned by Owner. Declarant and Owners may
designate a voting representative other than themselves and who need not be an
Owner, by written notice to the Board. Such designation shall be
revocable at any time by actual notice to the Board.
5.
Bylaws of Association
A.
Adoption of Bylaws
Bylaws for the administration of
the Association and Properties shall be adopted by the Owners at a regular or
special meeting or by the Board of Directors. Notice of the time, place
and purpose of such meeting shall be delivered to each Owner at least ten (10)
days prior to such meeting. Amendments to the Bylaws may be adopted by
the Owners at a regular or special meeting similarly called. Declarant
may adopt the initial Bylaws.
B.
Provisions of Bylaws
The Bylaws shall be deemed to
contain provisions identical to those provided in this Declaration, and may
contain supplementary provisions not inconsistent with the provisions in this
Declaration. To the extent any inconsistencies arise between the Bylaws
and the Declaration, the Declaration shall control. The Bylaws shall
establish such provisions for quorum, ordering of meetings and giving of
notices as may be required for the proper administration of the Association
and the Properties.
ARTICLE IV.
MANAGEMENT OF ASSOCIATION
1.
Administration of the Properties
The Owners covenant and agree that
the administration of the Properties shall be in accordance with the
provisions of this Declaration and the Bylaws of the Association.
2.
Management by Declarant
The Properties shall be managed by
the Declarant until the earlier of:
a.
one hundred twenty (120) days after all Class B membership terminates; or
b.
the date on which Declarant elects to permanently relinquish all of its
authority under this section by written notice recorded in the Snohomish
County Auditor’s office;
or
Declarant or a managing agent
selected by Declarant, shall have the power and authority to exercise all the
rights, duties and functions of the Board, including but not limited to
enacting reasonable administrative rules, contracting for required services,
property and insurance, and collecting and expending all assessments and
Association funds.
3.
Management by Advisory Board
Declarant may select an Advisory
Board comprised of persons who own or are purchasers of Lots. This
Advisory Board shall have full authority and all rights, responsibilities,
privileges, and duties to-manage the Properties as may be delegated from time
to time by the Declarant, and shall be subject to all provisions of this
Declaration and the Bylaws of the Association. Declarant may at any time
terminate this Advisory Board.
4.
Management by Elected Board
At the expiration of Declarant’s
management authority as defined above, administrative power and authority
shall vest in a Board of Directors elected from among the Lot Owners.
The number, term, duties and powers and all matters relating to the
organization of the Board shall be specified in the Bylaws. The Board
may delegate all or any portion of its administrative duties to a manager, a
managing agent, or as may be provided in the Bylaws.
ARTICLE V.
COVENANT FOR MAINTENANCE ASSESSMENTS
1.
Creation of the Lien and Personal Obligation of Assessment
The Declarant, for each Lot owned
within the Properties, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be so expressed in
such deed, is deemed to covenant and agree to pay to the Association:
(a) annual assessments or charges;
and
(b) special assessments for capital
improvements, reconstruction or other special purposes.
The annual and special assessment
shall be established and collected as hereinafter provided. The annual
and special assessments or charges, together with interest, costs, and
reasonable attorney’s fees incurred in the collection thereof, shall be a
charge on the land and shall be a continuing lien upon the Lot against which
each such assessment is made.
2.
Purpose of Assessments
The assessments levied by the
Association shall be used exclusively to promote the recreation, health,
safety, and welfare of the residents in the Properties and for the improvement
and maintenance of the Common Area.
3.
Maximum Annual Assessment
Until January 1 of the year
immediately following the conveyance of the first Lot to an Owner, the maximum
annual assessment shall be Sixty Three Dollars ($63.00) per Lot.
From and after January 1 of the
year immediately following the conveyance of the first Lot to an Owner, the
maximum annual assessment may be increased each year without a vote of
membership as long as such increase is not more than five (5) percent above
the maximum assessment for the previous year.
From and after January 1 of the
year immediately following the conveyance of the first Lot to an Owner, the
maximum annual assessment may be increased above five (5) percent only by a
vote of two-thirds (2/3) of each class of members who are voting in person or
by proxy, at a meeting duly called for this purpose.
The Board may fix the annual
assessment at an amount not in excess of the maximum.
4.
Special Assessments for Capital Improvements
In addition to the annual
assessments authorized above, the Association may levy in any assessment year,
a special 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 any capital improvements upon the Common Area,
including fixtures and personal property related thereto, provided that any
such assessment shall have the assent of two-thirds (2/3) of the votes of each
class of members who are voting in person or by proxy at a meeting duly called
for this purpose.
5.
Notice of Quorum for Any Action Authorized Under Sections 3 and 4
Written notice of any meeting
called for the purpose of making any action authorized under Section 3 or 4
shall be sent to all members of the Association not less than thirty (30) days
nor more than sixty (60) days in advance of the meeting. At the first
such meeting called, the presence of members or of proxies entitled to cast
forty (40) percent of all the votes of each class of membership shall
constitute a quorum. If the required quorum is not present, another
meeting may be called subject to the same notice requirement, and the required
quorum at the subsequent meeting shall be one-half (1/2) of the required
quorum at the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding meeting.
6.
Uniform Rate of Assessment
Both annual and special assessments
must be fixed at uniform rate for all Lots and may be collected on a monthly
basis, except that Unplatted Lots may be assessed at a lower amount to be set
by the Board.
7.
Date of Commencement of Annual Assessments
The annual assessments provided for
herein shall commence as to all Lots on the first day of the month following
the conveyance of the Common Area to the Association. The first annual
assessment shall be adjusted according to the number of months remaining in
the calendar year. The Board shall fix the amount of the annual
assessment against each Lot at least thirty (30) days in advance of each
annual assessment period. Written notice of the annual assessment shall
be sent to every Owner subject thereto. The due dates shall be
established by the Board. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have 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.
8.
Effect of Nonpayment of Assessment and 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 six (6) percent per annum. The Association may foreclose the
lien against the Lot by judicial or nonjudicial procedures, and interest,
costs, and reasonable attorney’s fees of any such action shall be added to the
amount of the assessment. No Owner may waive or otherwise escape
liability for the assessments provided for herein by nonuse of the Common Area
or abandonment of his Lot.
9.
Subordination of Assessment Liens to Mortgages
The liens for assessments created
under this Declaration shall be subject to the rights of the secured party in
the case of indebtedness secured by first lien mortgages which were made in
good faith and for value upon the Lot. Sale or transfer of any Lot
pursuant to foreclosure, or to any proceeding in lieu thereof, of any such
mortgages shall extinguish the lien of such assessments as to payments which
became due prior to such sale or transfer. No such sale or transfer,
however, shall relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof.
10. During the period in
which the Declarant retains the authority over these Declarations and the
Bylaws to elect a majority of the Board of Directors, the Declarant will
subsidize the Association to the extent that the expenses of the Association
exceed the revenues raised by the collection of assessments.
ARTICLE VI.
ARCHITECTURAL CONTROL
1.
Improvements Subject to Architectural Control
No clearing, grading, construction
or placing of any building, fence, wall, substantial landscaping or other
structure shall be commenced, executed or maintained upon the Properties, nor
shall any exterior addition to or change or alteration therein be made until
the plans and specifications showing the nature, kind, shape, height,
materials and location of the same shall have been submitted to and approved
in writing as to harmony of external design and location in relation to
surrounding structures and topography, by an Architectural Control Committee.
In the event the Architectural Control Committee fails to approve or
disapprove of such design and location within thirty (30) days after such
plans and specifications are submitted to it for approval, approval will not
be required and full compliance with this Article will be deemed to have been
met.
Except that any and all
construction of improvements performed by Declarant shall not be subject to
this provision.
2.
Qualifications, Number and Term of Members of the Architectural Control
Committee (“Committee”)
The Committee shall be composed of
three (3) or more members to be appointed by the Board, to serve until removed
by the Board. The members so appointed need not be members of the
Association.
Except that, as to the Plat of
Silver Firs Division 7 recorded in volume 55 of Plats, Pages 192 through 199
in Snohomish County, Washington under Snohomish County Auditor’s file number
9309085003 and all other plats annexed into the jurisdiction of this
Declaration, Declarant in its sole capacity shall have the right to exercise
all the powers and duties of the Committee until ninety (90) percent of all
Lots are sold.
3.
Purpose
The purpose of the Committee is to
protect the property value of the Lots and to prevent unsightly conditions on
the Properties.
4.
Powers
The Committee shall have the right
to:
(a)
establish guidelines, procedures and requirements for the construction or
alteration of any and all improvements to be erected or placed on any Lot or
building site on the Properties, including but not limited to requirements for
elevation plans, specifications, plot plan, lot grading plans, workmanship and
materials, height restrictions and building setback restrictions;
(b)
review submittals required by Committee from Owner or his representative in
connection with the construction or alteration of any improvements on the
Properties and approve or disapprove such submittals in the context of the
guidelines, procedures and requirements established by the Committee;
(c)
recommend and approve the construction of walls, rockeries, fences, or other
structures for the purpose of screening portions of the Properties from public
view, minimizing noise factors, increasing aesthetic value or for other
reasons that would contribute to the enjoyment, convenience and benefit of all
Owners of the Properties, and establish the requirements for the size, height,
plans and specifications, color and materials of such structures.
5.
Procedure for Architectural Committee Approval
The following procedures shall be
applicable in obtaining approval from the Committee for any construction
subject to the requirements described in this Article:
A.
Request for Approval
Requests for approval shall be
submitted to the Committee at the Association headquarters or at the address
specified by the Committee in a Notice of Change of Address which shall be
recorded in the Department of Records and Elections in Snohomish County,
Washington.
Each request for approval shall be
accompanied with all the plans and specifications required by the Committee.
B.
Review By Committee
Within thirty (30) days of the
submission of the request for approval, the Committee shall review the
application and give its approval or disapproval, and in the case of
disapprovals, shall set out specific reasons for the disapproval in reasonable
detail.
C.
Limitation
In the event of the performance of
any construction, addition, alteration, placing or change of any structures
where request for approval was not first submitted to the Committee in
writing, the Committee shall have six (6) months from the date of the
completion of the same to give written notice to the Owner requiring his
compliance with the provisions of this Article. If such notice is not
given within this time, the Owner shall not be liable for the requirement of
approval by the Committee as defined in this Article, as to such structure.
6.
Nonliability for Approval of Plans
Architectural Control Committee
approval of plans shall not constitute a representation, warranty or
guarantee, whether express or implied, that such plans and specifications
comply with good engineering design or with zoning or building ordinances, or
other governmental regulations or restrictions. By approving such plans
and specifications neither the Architectural Control Committee, the members
thereof, the Association, any member thereof, the Board nor Declarant assumes
any liability or responsibility therefore, or for specifications.
Neither the Committee, any member thereof, the Association, the Board nor
Declarant shall be liable to any member, Owner, occupant, or other person or
entity for any damage, loss or prejudice suffered or claimed on account of (a)
the approval or disapproval of any plans, drawings and specifications, whether
or not defective, or (b) the construction or performance of any work, whether
or not pursuant to the approved plans, drawings and specifications.
7.
Declarant Exemption
The Architectural Control Committee
shall have no authority, power or jurisdiction over Lots owned by Declarant,
and the provisions of this Article 7 shall not apply to Lots owned by
Declarant until such time as Declarant conveys title to the Lot to a purchaser
thereof. This Section 7 shall not be amended without Declarant’s,
written consent set forth on the amendment.
ARTICLE VII.
RESTRICTIONS APPLICABLE TO ALL PROPERTIES
1.
The following restrictions are applicable to all Properties:
A.
All roofing material shall be cedar shake or approved equal.
B.
All siding material shall be wood or brick, unless approved by Architectural
Control Committee.
C.
No living unit will be less than 750 square feet living area, exclusive of a
garage.
D.
No model, manufactured or modular housing shall be permitted except as
otherwise provided by this Declaration.
E.
All driveways and parking bays shall be constructed of concrete or asphalt
paving.
F.
The location, color, size, design, lettering and other particulars of mail or
paper delivery boxes shall be subject to the approval of the Committee.
G.
No satellite dishes or other outside television, radio and ham radio antennas
will be installed without prior approval of the Committee.
H.
No outside overhead wire or service drop for the distribution of electric
energy or for telecommunication purposes nor any pole, tower or other
structure supporting said outdoor overhead wires shall be erected, placed or
maintained within the Properties. All purchasers of Lots within the
Properties, their heirs, successors, and assigns shall use underground service
wires to connect their premises and the structures built thereon to the
underground electric or telephone utility facilities.
I.
No solid fence shall be constructed beyond the front building setback line, or
beyond the side building setback lines in connection with corner Lots.
Only ornamental fences shall be allowed in the front yard and corner lot
setback.
J.
All boats, boat trailers, travel trailers, motorized and non-motorized campers
and other such recreational vehicles shall be stored behind the primary
structure or sight screened unless a variance is granted by the Committee.
No car, inoperative for reasons of mechanical failure, shall be parked outside
of a garage and/or stored on any Lot or in the street right-of-way for more
than 72 hours.
K.
Except for subdivision or neighborhood identification signs at entrances
stating name of subdivision or neighborhood only, no sign of any kind shall be
displayed to the public view on any Lot except one professional sign of not
more than one square foot, one sign of not more than five square feet
advertising the property for sale or rent, or signs used by a builder to
advertise the property during the construction and sales period.
L.
Any dwelling or structure erected or placed on any Lot in this subdivision
shall be completed as to external appearance including finishing painting
within nine (9) months from date of start of construction unless upon their
review of a written request for an extension of time, the Committee grants
such an extension.
M.
All Fences shall be constructed of wood or approved substitute material.
2.
Waiver or Modification of Restrictions
The Committee may waive or modify
any of the restrictions contained in this Article in the event the Committee
finds that an extreme hardship will be imposed by such restrictions, but such
a waiver or modification will be granted only if the Committee determines
conclusively that the waiver or modification does not have a significant
adverse effect on the surrounding properties or the general plan of the
development.
3.
Right of Entry for the Purpose of Verifying Compliance with Restrictions
Any agent or officer of the
Association may at any reasonable predetermined hour or hours, upon
twenty-four (24) hours’ notice during construction or exterior remodeling,
enter and inspect the Lot and the improvements thereon to determine compliance
with the provisions in this Article. The Association, and any of its
agents and officers, shall not be deemed guilty of any manner of trespass for
such entry or inspection.
4.
Evidence of Compliance With Restrictions
Records of the Association with
respect to compliance with the provisions of this Article shall be conclusive
evidence as to all matters shown by such records. After the expiration
of six (6) months following the completion of any construction, addition,
alteration or change to any building on the building site, in the absence of
any notice to comply or in the absence of any suit to enjoin such work within
said period, then and in that event, said structure, work improvement or
alteration shall be deemed to be in compliance with the provisions of this
Article.
ARTICLE VIII.
MAINTENANCE OBLIGATIONS OF OWNER
1.
Maintenance of Exteriors
Owner of any Lot in the Properties
shall maintain the Lot and the improvements situated thereon in a neat trimmed
condition satisfactory to the Board. Satisfactory yard landscaping
should be completed within nine (9) months of an Owner’s closing on a Platted
Lot. In the event an Owner fails to do so, the Association, after
approval by two-thirds (2/3) vote of the Board, shall have the right through
its agents and employees, to enter upon said Lot to repair, maintain and
restore the Lot and the exterior of the buildings and other improvements
thereon. The cost of such exterior maintenance shall be added to and
become a part of the assessment to which said Lot is subject.
2.
Owner’s Obligation To Maintain Certain Plantings
When the Association has permitted
an Owner to plant a portion of the Common Area abutting the Owner’s Lot,
according to the Owner’s landscaping design, the Owner shall thenceforth be
obligated to maintain that portion of the Common Area encompassed by Owner’s
landscaping design. The Association shall have the right to elect to
maintain such landscaped area and to charge the expense for the maintenance to
the Owner as an assessment to be collected in the manner provided in Article
V. Such right shall be exercised only after reasonable notice to the
Owner.
“Reasonable notice,” as that term
is used in this Article, shall mean mailing certified mail to the last known
address of the Owner shown on the books of the Association not less than ten
(10) days before entry on such Owner’s Lot is made or maintenance of Owner’s
landscaping in the Common Area is undertaken as provided in this Article.
ARTICLE IX.
RESTRICTION ON USE OF PROPERTY BY OCCUPANTS
1.
The following restrictions shall apply to the use of any Properties subject to
this Declaration:
A.
No Lot shall be used except for residential purposes. No building shall
be erected, altered, placed or permitted to remain on any Lot other than one
detached single-family dwelling not to exceed two stories in height and a
private garage for not more than three cars. Temporary, “model home”
real estate sales offices will be considered a residential use until all
houses have been built and sold on all Lots.
B.
Easements for installation and maintenance of utilities; easements for
drainageways and drainage facilities are reserved as shown on the recorded
plat. Within these easements, no structures, planting or other material
shall be placed or permitted to remain which may damage or interfere with the
installation and maintenance of utilities, 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 easement areas. The
easement area in each Lot and all improvements in the easement area shall be
maintained continuously by the Owner, except for those improvements whose
maintenance is the responsibility of a public authority or utility company.
C.
No noxious or offensive activity shall be carried on upon any Lot, nor shall
anything be done thereon which may become an annoyance or nuisance to the
neighborhood.
D.
No structure of a temporary character, trailer, basement, tent, shack, garage,
barn or any other out-building shall be used on any Lot at any time as a
residence, either temporarily or permanently.
E.
No animals, livestock or poultry of any kind shall be raised, bred or kept on
any Lot except that dogs, cats or other household pets may be kept on any Lot,
provided that they are not kept, bred or maintained for any commercial
purpose.
F.
No Lot shall be used or maintained as a dumping ground for rubbish.
Trash, garbage or other waste shall not be kept except in sanitary containers.
All incinerators or other equipment for the storage or disposal of such
material shall be kept in a clean and sanitary condition.
G.
No individual water supply system shall be permitted on any Lot.
H.
No drilling, oil development operations, oil refining, quarrying or mining
operations of any kind; no oil wells, tanks tunnels, mineral excavations or
shafts; no derricks or other structures designed for use in boring for oil or
natural gas shall be permitted, erected or maintained in or upon any Lot.
I.
No individual sewage disposal system shall be permitted on any Lot.
J.
Each Lot shall be subject to an easement of 2 1/2 feet on the side property
lines and 5 feet on the rear property line for surface water drainage.
Swales established within these easements shall not be changed by Owner
without Owner first submitting to the Committee a written request for
approval, together with all required plans and specifications for such
changes, and without the approval of the Committee.
ARTICLE X.
GENERAL PROVISIONS
1.
Enforcement
The Association, or any Owner,
shall have the right to enforce by any proceeding at law or in equity, all
restrictions, conditions, covenants, reservation, liens or charges now or
hereafter imposed by the provisions of this Declaration. Failure by the
Association or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so
thereafter.
2.
Severability
Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no way affect
any other provisions which shall remain in full force and effect.
3.
Term
The covenants and restrictions of
this Declaration shall run with and bind the Properties, for a term of twenty
(20) years from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10) years.
4.
Amendments by Declarant
During any period in which
Declarant retains the authority to appoint and remove a majority of the
directors and officers of the Association, Declarant may amend this
Declaration by an instrument in writing filed and recorded in the Land Records
of Snohomish County, Washington, without the approval of any member or
mortgagee; provided, however, that: (i) in the event that such amendment
materially alters or changes any Owner’s right to the use and enjoyment of
such Owner’s Lot or of the Common Area as set forth in this Declaration or if
such amendment adversely affects the title to any Lot, such amendment shall be
valid only upon the written consent thereto by two-thirds (2/3) of the
then-existing members affected thereby; or (ii) in the event that such
amendment would materially and adversely affect the security title and
interest of any mortgagee, such amendment shall be valid only upon the written
consent thereto of two-thirds (2/3) of mortgagees so affected. Any
amendment made pursuant to this section shall be certified by Declarant as
having been duly approved by Declarant, and such members and mortgagees if
required, and shall be effective only upon recordation or at such later date
as shall be specified in the amendment itself. Each Owner by acceptance
of a deed or other conveyance to a Lot, agrees to be bound by such amendments
as are permitted by this section and further agrees that, if requested to do
so by Declarant, such Owner will consent to the amendment of this Declaration
or any other instruments relating to the Development:
(i)
if such amendment is necessary to bring any provision hereof or thereof into
compliance or conformity with the provisions of any applicable governmental
statute, rule or regulation or any judicial determination which shall be in
conflict therewith;
(ii)
if such amendment is necessary to enable any reputable title insurance company
to issue title insurance coverage with respect to any Lots subject to this
Declaration;
(iii)
if such amendment is required by any Governmental Mortgage Agency to enable
such entity to make or purchase mortgage loans on any Lot subject to this
Declaration;
(iv)
if any such amendment is necessary to enable any governmental agency or
reputable private insurance company to insure mortgage loans on the Lots
subject to this Declaration; or
(v) if such
amendment is necessary to correct a scrivener’s error in the drafting of this
Declaration.
5.
Amendments by Association
Amendments to this Declaration,
other than those authorized by Section 4 above, shall be proposed and adopted
in the following manner:
a.
Notice of the subject matter of the proposed amendment shall be included in
the notice of the meeting of the Association at which such proposed amendment
is to be considered and shall be delivered to each member of the Association.
b.
At such meeting, a resolution adopting a proposed amendment may be proposed by
either the Board or by members of the Association. Such amendment must
be approved by members holding at least two-thirds (2/3) of the total votes in
the Association provided, however that: (i) any amendment which materially and
adversely affects the security title and interest of any mortgagee must be
approved by such mortgagee, and (ii) during any period in which Declarant has
the right to appoint and remove officers and directors of the Association,
such amendment must be approved by Declarant.
c.
The agreement of the required percentage of the Owners and, where required,
the Declarant and any mortgagee, to any amendment of this Declaration shall be
evidenced by their execution of such amendment, or, in the alternative, and
provided that Declarant does not then have the right to approve such
amendment, the sworn statement of the President and any Vice President or
Secretary of the Association attached to or incorporated in the amendment
executed by the Association, which sworn statement shall state unequivocally
that the agreement of the required parties was lawfully obtained. Any
such amendment of this Declaration shall become effective only when recorded
or at such later date as may be specified in the amendment itself.
6.
Annexation
Additional land within the area
described in Exhibit A excepting therefrom all lands described in Exhibit B,
may be annexed by the Declarant without the consent of the members within
twenty (20) years of the date of this Declaration.
Annexation shall be effective upon
any or all of the following:
a.
proper application of a Formal Plat with the Department of Planning in
Snohomish County, including but not limited to a subdivision map or a survey
delineating the Lots and Common Areas therein;
b.
recording of the Declaration of Covenants, Conditions and Restrictions
describing all lands being annexed under the jurisdiction of this Declaration;
and/or
c.
recording of the final approved Formal Plat of the lands being annexed.
7.
Attorney-in-Fact
Each Owner, by the mere act of
becoming an Owner or contract purchaser of a Lot, shall irrevocably appoint
the Association as his attorney-in-fact, with full power of substitution, to
take such action as reasonably necessary to promptly per-form the duties of
the Association and Board hereunder, including but not limited to the duties
to maintain, repair and improve the Property, to deal with the Property upon
damage or destruction, and to secure insurance proceeds.
ARTICLE XI.
MORTGAGEE PROVISIONS
The following provisions are for
the benefit of holders, insurers or guarantors of first mortgages of Lots in
the Development. The provisions of this Article apply to both the
Declaration and to the Bylaws, notwithstanding any other provisions contained
therein.
1.
Notices of Action
An institutional holder, insurer,
or guarantor of a first mortgage, who provides written request to the
Association (such request to state the name and address of such holder,
insurer, guarantor and the residence number, therefore becoming an “eligible
holder”), will be entitled to timely written notice of:
a.
any condemnation loss or any casualty loss which affects a material portion of
the Development or which affects any Lot on which there is a first mortgage
held, insured, or guaranteed by such eligible holder;
b.
any delinquency in the payment of assessments or charges owed by an Owner of a
Lot subject to the mortgage of such eligible holder, where such delinquency
has continued for a period of sixty (60) days; provided, however,
notwithstanding this provision, any holder of a first mortgage, upon request,
is entitled to written notice from the Association of any default in the
performance by an Owner of any obligation under the Declaration or Bylaws of
the Association which is not cured within sixty (60) days;
c.
any lapse, cancellation or material modification of any insurance policy
maintained by the Association; or
d.
any proposed action which would require the consent of a specified percentage
of eligible mortgagees.
2.
Special Governmental Mortgage Agency Provisions
So long as required by a
Governmental Mortgage Agency, the following provisions apply in addition to
and not in lieu of the foregoing. Unless at least two-thirds (2/3) of
the total members of the Association entitled to vote thereon consent, the
Association shall not:
a.
by act or omission seek to abandon, partition, subdivide, encumber, sell or
transfer the Common Area which the Association owns, directly or indirectly
(the granting of easements for public utilities or other similar purposes
consistent with the intended use of the Common Area shall not be deemed a
transfer within the meaning of this subsection);
b.
change the method of determining the obligations, assessments, dues or other
charges which may be levied against an Owner of a Lot;
c.
by act or omission change, waive or abandon any scheme of regulation or
enforcement thereof pertaining to the architectural design or the exterior
appearance and maintenance of Residences, Lots and of the Common Area.
(The issuance and amendment of architectural standards, procedures, rules and
regulations or use restrictions shall not constitute a change, waiver or
abandonment within the meaning of this provision.)
d.
fail to maintain insurance as required by this Declaration; or
e.
use hazard insurance proceeds for any Common Area losses for other than the
repair, replacement or reconstruction of such property.
3.
Right To Pay Delinquent Charges
Failure of an Owner to pay
assessments levied by the Association shall not constitute a default under an
insured mortgaged. First mortgagees may, however, jointly or singly, pay
taxes or other charges which are in default and which may or have become a
charge against the Common Area and may pay overdue premiums on casualty
insurance policies or secure new casualty insurance coverage upon the lapse of
an Association policy, and first mortgagees making such payments shall be
entitled to immediate reimbursement for the Association. Mortgagees
shall have no obligation to collect assessments from Owners.
4.
No Priority
No provision of this Declaration or
by Bylaws gives or shall be construed as giving any Owner or other party
priority over any rights of the first mortgagee of any Lot in the cases of
distribution to such Owner of insurance proceeds or condemnation awards for
losses to or a taking of the Common Area.
5.
Amendment by Board
Should any Governmental Mortgage
Agency subsequently delete any of their respective requirements which
necessitate the provisions of this Article or make any such requirements less
stringent, the Board of Directors, without approval of the Owners, may cause
an amendment to this Article to be recorded to reflect such changes.
6.
HUD or Veterans Administration Approval
As long as the Declaration has an
option unilaterally to subject additional property to this Declaration as
provided in Article X, Section 6, the following actions shall require the
prior approval of HUD or the Veterans Administration so long as HUD or the
Veterans Administration is guaranteeing any mortgage in the Development:
a.
annexation of additional property to the Development, except for annexation by
Declarant pursuant to a plan of annexation previously approved by HUD or the
Veterans Administration;
b.
dedication of Common Areas to any public entity; and
c.
material amendment of the Declaration, Bylaws or Articles of Incorporation.
7.
Failure of Mortgagee To Respond
Any mortgagee who receives a
written request from the Board to respond to or consent to any action shall be
deemed to have approved such action if the Association does not receive a
written response from the mortgagee within thirty (30) days of the date of the
Association’s request.
8.
Association Books and Records
The Association shall make
available to first mortgagees of Lots, and insurers or guarantors of any such
first mortgage, current copies of this Declaration, and the Articles of
Incorporation, Bylaws, rules and regulations, books, records and financial
statements of the Association. “Available” shall mean available for
inspection, upon request, during normal weekday business hours or under other
reasonable circumstances.
9.
Mortgagee Provisions Regarding Breach
A breach by an Owner of any of the
covenants, conditions and restrictions contained herein shall not affect,
impair, defeat or render invalid the lien, charges or encumbrance of any first
mortgage made for value which may then exist on any Lot, provided, however,
that in the event of a foreclosure of any such first mortgage, or if the
holder of the note secured by such first mortgage acquires title to a Lot in
any manner whatsoever in satisfaction of the indebtedness, then the purchaser
at the foreclosure sale or note holder acquiring title in lieu thereof shall,
upon acquiring title, become subject to each and all of the covenants,
conditions and restrictions contained herein, but free from the effects of any
breach occurring prior thereto.
10.
Professional Management
In the event that Declarant or the
Association enters into any contract with any person or entity to provide
management or maintenance services to the project, such contract shall not
exceed a reasonable term and shall provide that the Association shall have the
right to terminate the contract for cause upon thirty (30) days’ written
notice and without cause upon ninety (90) days’ written notice, without
payment of a termination fee or penalty.
DATED: October 5,
1993.
|
CENTEX REAL ESTATE
CORPORATION, a Nevada corporation |
|
By: |
/s/ Robert J.
Fogarty |
|
Division President |
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH
)
On this day personally appeared before me Robert J. Fogarty, who is the
Division President of CENTEX REAL ESTATE CORPORATION; who, under oath, stated
that he was authorized to sign on its behalf the within and foregoing
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SILVER FIRS PHASE
II; SILVER FIRS DIVISION 7 and acknowledged it to be the free and voluntary
act and deed of said corporation for the uses and purposes therein mentioned.
DATED: October 5, 1993
|
/s/
Cathy Callahan |
|
NOTARY PUBLIC in and for the State of
Washington
My commission expires: 2-22-97 |
