Amended Snohomish Cascade Division I, II & III Protective Covenants
Contents
ARTICLE II – Properties Subject to these Covenants
ARTICLE III – General Protective Covenants
ARTICLE IV – Common Area, Common Access Way
ARTICLE V – Architectural Control Committee NOTE: The Architectural Control Committee (ACC) expired so this section is no longer applicable to The Falls.
ARTICLE VI – Homeowner’s Association
ARTICLE VII – Maintenance: Assessment and Fund
ARTICLE IX – General Provisions
Amended Declaration of Snohomish Cascade
Division I, II & III – Covenants, Conditions and Restrictions
This Declaration of Protective Covenants is applicable to SNOHOMISH CASCADE
DIVISION I, II & III Lots 1 through 98, Division I, Lots 1 through 98, Division
II, Lots 1 through 110, Division III and all tracts, easements and open space
inclusive.
WHEREAS, DONALD H. LEAVITT, hereinafter referred to as “Declarant”, recorded a
set of CC&R’s for Snohomish Cascade Division I, and Division II: and
WHEREAS, SNOHOMISH CASCADE DIVISION III was incorporated into the Covenants,
Conditions and Restrictions of SNOHOMISH CASCADE DIVISION II; and
WHEREAS, DONALD H. LEAVITT and the parties listed below are the owners in fee
simple of that certain real property located in the County of Snohomish, State
of Washington, known as SNOHOMISH CASCADE DIVISION I, II & III duly recorded
plats; and
WHEREAS, the Declarant desires to declare of public record its intentions to
amend and supersede those certain protective covenants and conditions to the
ownership of said property;
NOW, THEREFORE, the Declarant, owners in fee simple do hereby certify and
declare that the following covenants, conditions and restrictions shall become
and are hereby made a part of all conveyances of Lots 1 through 98 inclusive,
Division I, Lots 1 through 98 inclusive, Division II, Lots 1 through 98
inclusive, Division III and those certain tracts and easements, and open space
inclusive within the plat of SNOHOMISH CASCADE, DIVISION I, recorded on the 2nd
Day of March, 1988 recording #8803025002 in Volume 48 of Plats, Pages 130-132
inclusive, Records of the County of Snohomish, State of Washington. SNOHOMISH
CASCADE, DIVISION II, recorded on the 2nd day of August, 1989, recording
#8908025004 in Volume 49 of Plats, Pages 163-165 inclusive, Records of the
County of Snohomish, State of Washington. SNOHOMISH CASCADE, DIVISION III,
recorded on the 9th day of August, 1989, recording #8908095001 in Volume 49 of
Plats, Pages 169-171 inclusive, Records of the County of Snohomish, State of
Washington. First Amendment to the Snohomish Cascade Division I Declaration of
Covenants, Conditions and Restrictions, recorded on the 31st day of August,
1988, recording #8808310161, in Volume 2169 of Plats, pages 1454-1461 inclusive,
Records of Snohomish County, State of Washington, and the First Amendment to the
Snohomish Cascade Division II Declaration of Covenants, Conditions and
Restrictions recorded on the 16th day of August, 1989, recording #8908160130, in
Volume 2255 of plats, page 1207, Records of the County of Snohomish, State of
Washington, and that the following protective covenants and reservations shall
by reference become a part of any such conveyances and shall apply thereto as
fully and with the same effect as if set forth at large therein.
ARTICLE I – Definitions
As used in these covenants, the terms set forth below shall have the following
meanings:
1.1 “Associations” shall mean and refer to a non-profit corporation formed to
serve as an owners’ association known as the SNOHOMISH CASCADE DIVISIONS I, II &
III HOMEOWNERS ASSOCIATION, its heirs, successors and assigns.
1.2 “Declarant” shall mean and refer to DONALD H. LEAVITT and his successors and
assigns, if such successors and assigns should acquire more than one undeveloped
lot from the Declarant for the purpose of development.
1.3 “Improvement” shall mean and refer to every building of any kind, including,
but not limited to fence, wall, driveway, swimming pool, storage shelter, or
other product of construction efforts on or in respect to the plat of SNOHOMISH
CASCADE DIVISION I, II & III.
1.4 “Lot” shall mean and refer to any numbered plot of land shown upon any
recorded subdivision plat of SNOHOMISH CASCADE DIVISION I, II & III except those
areas specifically designated on such plats as “Tracts” or “Open Areas”.
1.5 “Owner” shall mean and refer to the person or persons (including Declarant,
except where otherwise expressly provided) of record holding the beneficial
ownership of a lot. The rights, obligations and other status of being an owner
commence upon acquisition of the beneficial ownership of a lot and terminate
upon disposition of such ownership, but termination of ownership shall not
discharge an owner from obligations incurred prior to termination.
1.6 “Properties” shall mean and refer to that certain property hereinafter
described.
1.7 “Common Area” shall mean and refer to all Tracts as designated on the plats
of SNOHOMISH CASCADE DIVISION I, II & III reserved for the common use and
enjoyment of the owners.
1.8 “SNOHOMISH CASCADE DIVISION I, II & III”, shall mean and refer to the land
described in Article II hereof.
1.9 “Sold” shall mean that legal title has been conveyed or that a contract of
sale has been executed under which the purchaser has obtained the right to
possession.
1.10 “These Covenants” shall mean and refer to all of the limitations,
restrictions, covenants and conditions set forth in this Declaration with
respect to SNOHOMISH CASCADE DIVISION I, II & III as the same may be amended and
supplemented from time to time hereafter in accordance with the provisions of
the Declaration.
1.11 “Basics” shall mean and refer to all previously approved plans which have
been submitted to the Architectural Control Committee.
ARTICLE II – Properties Subject to these Covenants
2.1 SNOHOMISH CASCADE, DIVISION I, II & III
The Declarant hereby declares that all of the real property described below is
owned and shall be owned, conveyed, hypothecated, encumbered, used, occupied and
improved subject to these Covenants:
The real property identified and contained by that certain plat entitled
Snohomish Cascade Division I; recorded on the 2nd day of March 1988, in Volume
48 of Plats, Pages 130-132 inclusive, of the Records of Snohomish County
Auditor, Snohomish County, State of Washington. Snohomish Cascade Division II;
recorded on the 2nd day of August, 1989, in Volume 49 of Plats Pages 163-165
inclusive, of the Records of Snohomish County Auditor, Snohomish County, State
of Washington. Snohomish Cascade Division III; recorded on the 9th day of
August, 1989, in Volume 49 of Plats, pages 169-171 inclusive, of the Records of
Snohomish County Auditor, Snohomish County, State of Washington.
ARTICLE III – General Protective Covenants
3.1 Residential Use
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 single
family dwelling not to exceed two stories plus basement in height and a private
garage for not less than two cars. The foregoing provisions shall not exclude
construction of a private greenhouse, storage unit, private swimming pool or a
shelter or port for the protection of such swimming pool, or for the storage of
a boat and/or camping trailer kept for personal use, provided the location of
such structures is in conformity with the applicable municipal regulations, and
is compatible in design and decoration with the residence constructed on such
lot, and has been approved by the Architectural Control Committee. The
provisions of this section shall not be deemed to prohibit the right of any
homebuilder to construct residences on any lot, to store construction materials
and equipment on said lots in the normal course of construction, and to use a
single family residence as a sales office or model home for the purposes of sale
in SNOHOMISH CASCADE DIVISIONS I, II & III.
3.2 Dwelling Size
The minimum allowable square footage of any residence within SNOHOMISH CASCADE
DIVISION I, II & III, excluding open porches and garages, shall be as follows:
Ramblers – 1,500 square feet.
Two Story – 900 square feet main or entry level, 700 square feet upper level.
Split levels – 1,100 square feet; (upper floor finished)
Tri-levels – 1,200 square feet inclusive of entry and upper level and 300 square
feet of basement level.
Daylight Ramblers – 1,250 square feet on entry or main level.
3.3 Building Setbacks
No building shall be located on any lot nearer to the front, rear or side lot
lines than is permitted by Snohomish County Ordinances. In any event, no
building shall be located on any lot nearer than twenty (20) feet to the front
lot lines, nearer than five (5) feet to the rear lot lines, or nearer than five
(5) feet to the side lot line. The Architectural Control Committee, upon
application, may at its discretion, waive any violation of this restriction
which it finds to have been inadvertent, provided the same would not constitute
a violation of the Snohomish County Ordinances. In any event, Snohomish County
set back requirements shall take precedence.
3.4 Easements
No structure, planting or other material shall be placed or permitted to remain
within any easements of record that are specifically designated as easements for
installation and maintenance of utilities and drainage facilities which may
damage or interfere with the installation or maintenance of utilities or which
may change the direction of flow of drainage channels in said easement, 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 on each easement
shall be maintained continuously by Owner of the lot except for those
improvements for which a public authority or utility company is responsible.
3.5 Tree Removal
No trees with a diameter of six (6) inches, or more, measured at a height of
five (5) feet above ground level, may be removed from those portions of any lot
which lie outside of the building site, (including driveway) without prior
written approval from the Architectural Control Committee. The building site
includes the building footprint plus a minimum of ten (10) feet in all
directions. Trees may be removed that in the opinion of the Architectural
Control Committee, present a danger to the health and welfare of the occupants.
3.6 Business and Commercial Uses
No trade, craft, business, profession, commercial or similar activity of any
kind shall be conducted on any lot, nor shall any goods, equipment, vehicles,
materials or supplies used in connection with any trade, service or business be
kept or stored on any lot without prior written approval from the Architectural
Control Committee, excepting the right of any homebuilder and the Declarant to
construct residences on any lot, to store construction equipment and materials
on said lots in the normal course of said construction and to use any single
family residence as a sales office or model home for purposes of sale in
SNOHOMISH CASCADE DIVISIONS I, II & III.
3.7 Offensive Activities
No noxious or offensive activity shall be carried on upon any lot or Common
Area, nor shall anything be done or placed upon any lot or Common Area which
interferes with or jeopardizes any Owner’s use and enjoyment of his lot and the
Common Area within SNOHOMISH CASCADE DIVISIONS I, II & III.
3.8 Animals
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, provided
that they are not kept, bred or maintained for commercial purposes and are
reasonably controlled so as not to be a nuisance.
3.9 Signs
No signs shall be erected or maintained on any lot except that not more than one
“For Sale” or “For Rent” sign placed by the Owner, the Declarant or by a
licensed real estate agent, not exceeding twenty-four (24) inches high and
thirty-six (36) inches long, may be temporarily displayed on any lot. This
restriction shall not prohibit the temporary placement of “political” signs on
any lot by the Owner.
3.10 Vehicles in Disrepair
No Owner shall permit any vehicle which is in an extreme state of disrepair to
be abandoned or to remain parked upon any lot or on the Common Area or on any
street for a period in excess of forty-eight (48) hours. A vehicle shall be
deemed to be in an “extreme state of disrepair” when its presence offends the
occupants of the neighborhood, multiple lot owners or in the opinion of the
Homeowner’s Association and /or the Architectural Control Committee the presence
of a vehicle in disrepair is offensive to the neighborhood.
3.11 Parking
Parking of boats, trailers, motorcycles, trucks, truckcampers and like equipment
shall not be allowed on any part of the property excepting only within the
confines of an enclosed garage or fenced area, the plans for which must have
been reviewed and approved by the Architectural Control Committee prior to
construction, and no portion of same may project beyond the fenced area.
3.12 Rubbish and Trash
No lot or part of the Common Area shall be used as a dumping ground for trash or
rubbish of any kind. All garbage and other waste shall be kept in appropriate
sanitary containers for proper disposal and out of public view. Yard rakings and
dirt resulting from landscaping work shall not be dumped onto streets, Open
Space or on any lots.
3.13 Temporary Structures
No structure of a temporary character, trailer, basement, tent, shack, garage,
barn or other outbuilding shall be used on any lot at any time as a residence
either temporarily or permanently. All structures must comply with the Uniform
Building Code, as adopted by Snohomish County.
3.14 Structures in Common Area
No building, wall, fence, paving, landscaping or construction of any type shall
be erected or maintained by any owner of a lot so as to trespass or encroach
upon any tracts, Common Areas, Open Space and/or Native Growth Protection
Easements.
3.15 Completion of Construction
The construction of any building on any lot, including painting and all exterior
finish, shall be completed within twelve (12) months from the beginning of
construction so as to present a finished appearance when viewed from any angle.
In the event of undue hardship due to weather conditions, this provision may be
extended for a reasonable length of time upon written approval from the
Architectural Control Committee.
3.16 Landscape Completion
All front yard landscaping must be completed within six (6) months after
completion of the residence. (This date of the issuance of a certificate of
occupancy shall constitute the date of completion of the residence.) In the
event of undue hardship due to weather conditions, this provision may be
extended for a reasonable length of time upon written approval by the
Architectural Control Committee.
3.17 Fences and Hedges
As defined in this section, “fencing shall mean any barrier or wall other than
natural living organic vegetation, including trees and shrubs. Planting or site
obscuring fences shall not exceed four (4) feet in height in the front yard or
on side lot lines forward of the building line with the greatest set back on the
lot or the adjoining residential lot. The maximum height of a site obscuring
fence located on the remainder of the lots shall be six (6) feet. Fences shall
be well constructed of wood materials and shall not detract from the appearance
of the dwelling house located upon the lot or building site to be offensive to
owners or occupants thereof or detract from the appearance of the dwelling
houses on the adjacent lots or building sites.
No fence, wall, hedge or shrub planting which obstructs sight lines as
elevations between two (2) and six (6) feet above the roadway shall be placed or
permitted to remain on any corner lot within the triangle formed by the street
property lines and a line connecting them at points 20 feet from the
intersection of the street lines or in the case of a rounded property corner,
from the intersection of the street property lines ex tended. The same sight
line limitations shall apply on any lot within ten (10) feet from the
intersection of a street property line with the edge of a driveway or alley
pavement. No trees shall be permitted to remain within such distances of such
intersections unless the foliage line is maintained at sufficient height to
prevent obstruction of such sight line.
In order to create uniformity in appearance all backyard fences of lots (facing
65th Avenue S.E.) must be constructed in accordance with the fence design and in
the location as described in Exhibit “A” attached hereto.
3.18 Exterior Materials
Exterior materials must be approved for use by the Architectural Control
Committee in accordance with the provision of Article V. Roofing materials must
be cedar shingle, shake or tile. Siding materials must be cedar, redwood or
other exterior wood materials excepting plywood siding of any type whatsoever.
(Exception: plywood siding may be used in soffit areas.) Window frames must be
of wood, or milled in white, silver, bronze or taupe anodized aluminum. Any
other architectural features subject to control will be approved or disapproved
upon submission of plans to the Architectural Control Committee.
3.19 Exterior Finish
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 SNOHOMISH CASCADE DIVISION I, II & III. Exterior colors must
be approved by the Architectural Control Committee in accordance with the
provisions of Article V. The use of BRIGHT hard stains or paint are not allowed
except by written permission thereof by the Architectural Control Committee in
accordance with Article 5.2 of these covenants. 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.
3.20 Antennas and Service Facilities
Exterior antennas shall not be permitted to be placed upon the roof of any
structure or on any lot so as to be visible from the street in front of said
lot. Clotheslines and other service facilities shall be screened so as not to be
viewed from the street or Common Area. Satellite dish installation is prohibited
excepting those satellite dishes that are screened from the roadways and
surrounding residences to a degree acceptable to the Architectural Control
Committee.
3.21 Maintenance of Structures and Grounds
Each owner shall maintain his lot and residence thereon in a clean and
attractive condition, in good repair and in such fashion as not to create a fire
hazard.
3.22 Sewage
No individual sewage disposal system shall be permitted on any lot.
3.23 Planting Areas and Entrance Landscaping
The maintenance of any planting areas at the entry to SNOHOMISH CASCADE DIVISION
I, II & III shall be the responsibility of the Declarant for a period of 24
months following recordation of the plat or upon the conveyance or assignment to
the Homeowner’s Association by the Declarant of certain interests, powers and
obligations vested in the Association, excepting those certain interests, powers
and obligations which Declarant may wish to retain, i.e., the Architectural
Control Committee, whichever of the above shall occur first. The cost related to
the maintenance of the landscaping of the entry and other common areas and open
spaces shall be paid for from the dues paid by each member of the Homeowner’s
Association. Declarant shall be reimbursed for any sum advanced by Declarant for
said maintenance at such time as the Homeowner’s Association has funds available
for either partial or full repayment to Declarant.
3.24 Driveways
Concrete or exposed aggregate surfacing will be required on all driveways. In
the case of a long driveway, over 25 feet, asphalt up to a concrete pad will be
acceptable with approval from the Architectural Control Committee.
ARTICLE IV – Common Area, Common Access Way
4.1 Common Areas
The owner of lots within SNOHOMISH CASCADE DIVISION I, II & III, and their
respective invitees shall be entitled to the use of common areas within the
project, subject, however, to the restriction that the common areas shall be
dedicated for open space and those recreational uses which do not harm or
otherwise disturb the natural setting of the areas or the trees or vegetation
thereon. The common areas shall not be platted or otherwise divided into lots
for residential use. Nothing herein shall prevent the placing of a sign or signs
on the common areas identifying the subdivisions, provided such signs are
approved by the Architectural Control Committee and comply with any applicable
Snohomish County sign ordinances. Declarant, upon approval in writing of the
owners of a majority of the lots and approved by order or resolution of the
Snohomish County Council (or the equivalent thereof), should such resolution be
necessary, may dedicate or convey any portion of the common areas to a park
district or other public body for open space or recreational use.
The general public has the right to ingress and egress for pedestrian use over
and upon the improved trails within the common open space.
4.2 Common Access Ways
Common access ways shall be used exclusively for driveway and access purposed by
the Owners of lots. The Owners of each of the lots having the exclusive use of a
particular common access way shall be responsible for the maintenance of such
driveway, the cost of which shall be borne in equal portions by such Owners.
Each such Owner shall have a perpetual easement over the common access way for
ingress and egress, and the benefits and burdens thereof, including the
obligation of maintenance, shall be appurtenant to and run with the lots so
benefited or burdened.
ARTICLE V – Architectural Control Committee
NOTE: The Architectural Control Committee (ACC) expired so this section is no longer applicable to The Falls.
5.1 Architectural Review
No structure, including storage shelters, shall be commenced, erected, placed or
altered on any lot until the construction plans and specifications and a plat
showing the nature, shape, heights, materials, colors, an proposed location of
the structure have been submitted to and approved in writing by the
Architectural Control Committee. It is the intention and purpose of this
covenant to assure quality of workmanship and materials, harmony of external
design with the existing structures as to location with respect to topography,
finish grade elevations, and to avoid plan repetition; hence duplication of any
plan on a contiguous lot shall be prohibited. In all cases in which
Architectural Control Committee consent is required by these covenants, the
following provisions shall apply:
(A) Major Construction
In the case of initial or substantial additional construction of a dwelling, the
owner shall prepare and submit to the Architectural Control Committee such plans
and specifications for the proposed work as the Committee may require. Material
required by the Committee may include, but not necessarily be limited to (1) a
plot plan indicating location of all improvements; (2) drawings showing
elevations, exterior materials and exterior color schemes of all improvements;
and (3) certification of square footage contained within the structure and each
floor thereof, notwithstanding the provision of “Basics” as defined in Paragraph
1.11 hereof.
The Architectural Control Committee shall render its decision with respect to
the proposal within twenty (20) working days after it has received all material
required by it with respect thereto.
(B) Minor Work
In the case of a minor addition or remodeling, change of existing exterior color
scheme or exterior material, greenhouse, or swimming pool construction, or any
other work hereto referred to in Paragraph (A) above, the owner shall submit to
the Architectural Control Committee such plans and specifications for the
proposed work as the Committee determines to be necessary to enable it to
evaluate the proposal. The Architectural Control Committee shall render its
decision with respect to the proposal within twenty (20) working days after it
has received all material required by it with respect thereto.
5.2 Architectural Control Committee Discretion
The Committee may, at its sole discretion, withhold consent to any proposed work
if the Committee finds that the proposed work would be inappropriate for the
particular lot or incompatible with the design standards that the Committee
intends for SNOHOMISH CASCADE, DIVISION I, II, III. Consideration such as
siding, shape, size, color, design, height, impairment of the view from other
lots within SNOHOMISH CASCADE, DIVISION I, II, III or other effects on the
enjoyment of other lots or Common Area, disturbance of existing terrain and
vegetation, and any other factors which the Committee reasonable believes to be
relevant, may be taken into account by the Committee in determining whether or
not to consent to any proposed work.
The Committee may at its sole discretion, approve minor variations in
elevations, exterior materials, colors and square footage, so long as in the
judgement of the Architectural Control Committee such variations do not have an
adverse effect on the harmonious inclusion of a residence within SNOHOMISH
CASCADE, DIVISION I, II, III.
5.3 Procedure
In the event the Committee fails to render its approval or disapproval within
sixty (60) days after plans and specifications have been submitted to it, or in
any event, if no suit to enjoin the construction has been commenced prior to the
completion thereof, approval will not be required and the related covenants
shall be deemed to have been fully complied with.
5.4 Membership: Appointment and Removal
The Architectural Control Committee, hereinafter referred to as Committee, shall
consist of not more than five (5) persons, as the Declarant may from time to
time appoint. The Declarant may remove any member of the Committee from office
at any time other than those members having been appointed by the Declarant who
are in the process of purchasing lots or building homes within SNOHOMISH
CASCADE, DIVISIONS I, II, III, and who are in compliance with the term and
conditions of their respective purchase and sale agreements, and are further in
compliance with any and all of the conditions of these restrictive covenants.
Upon noncompliance of any of the proceeding conditions by a member of the
Committee, the Declarant may remove said member from the Committee. A member of
the Committee shall not be entitled to any compensation for services performed
pursuant to these covenants. The powers and duties of such Committee shall cease
one year after completion of construction of all single family dwellings and the
sale of said dwellings to the initial owner/occupant on all of the building
sites within the property or at Declarant’s discretion, the delegation,
conveyance or otherwise assignment of powers, duties and obligations of the
Architectural Control Committee.
5.5 Liability
Neither the Architectural Control Committee nor any member thereof shall be
liable to any Owner, occupant, builder or developer for any damages, loss or
prejudice suffered or claimed on account of any action or failure Amended CC&R’s
– Snohomish Cascade Divisions I, II & III to act of the Committee or a member
thereof, provided that the member has, in accordance with the actual knowledge
possessed by him acted in good faith.
5.6 Action
Except as otherwise provided herein, any three (3) members of the Architectural
Control Committee shall have power to act on behalf of the Committee, without
the necessity of a meeting and without the necessity of consulting the remaining
members of the Committee. The Committee may render its decisions only by written
instrument setting forth the action taken by the members consenting thereto.
5.7 Nonwaiver
Consent by the Architectural Control Committee to any matter proposed to it and
within its jurisdiction under these covenants shall not be deemed to constitute
a precedence or waiver impairing its rights to withhold approval as to any
similar matter thereafter proposed or submitted to it for consent.
5.8 Effective Period of Consent
The Committee’s consent to any proposed work shall automatically be revoked one
year after issuance unless construction of the work has been commenced or the
owner has applied for and received an extension of time from the Architectural
Control Committee.
ARTICLE VI – Snohomish Cascade Division I, II, & III Homeowner’s Association
Declarant shall organize an association of all of the owners of the property
within SNOHOMISH CASCADE DIVISION I, II, & III. Such association, its successors
and assigns (the “Association”) shall be organized under the name “SNOHOMISH
CASCADE DIVISION I, II, & III, Homeowner’s Association”, or a name similar
thereto, and shall have property, power and obligations as set forth in these
Covenants for the benefit of SNOHOMISH CASCADE DIVISION I, II, & III, and all
owners of property located therein.
6.1 Organization
Declarant shall organize the Association as a nonprofit corporation under the
general nonprofit corporation laws of the State of Washington. The Articles of
Incorporation of the Association shall provide for its perpetual existence, but
in the event the Association is at any time dissolved, whether inadvertently or
deliberately, it shall automatically be succeeded by an unincorporated
association of the same name. In that event, all of the property, powers and
obligations of the incorporated Association existing immediately prior to its
dissolution shall thereupon automatically vest in the successor unincorporated
association, and such vesting shall thereafter be confirmed and evidenced by
appropriate conveyances and assignments by the incorporated Association. To the
greatest extent possible, any successor unincorporated Association shall be
governed by the Articles of Incorporation and Bylaws of the Association as if
they had been made to constitute the governing documents of the unincorporated
Association.
6.2 Membership: Voting
Every owner of one or more lots within SNOHOMISH CASCADE DIVISION I, II, & III,
immediately upon creation of the Association and thereafter during the entire
period of such owner’s ownership of one or more lots within SNOHOMISH CASCADE
DIVISION I, II, & III, shall be a member of the association. Such membership
shall commence, exist and continue simply by virtue of such ownership, shall
expire automatically upon termination of such ownership, and need not be
confirmed or evidenced by a certificate or acceptance of membership. Each Owner
shall have one vote on all matters submitted to the membership of the
Association for each lot owned by him within SNOHOMISH CASCADE DIVISION I, II, &
III, other than the Declarant, who shall have four (4) votes for each lot owned
in accordance with Article VI of the Articles of Incorporation of SNOHOMISH
CASCADE DIVISION I, II, & III Homeowner’s Association.
6.3 Declarant’s Duty to Convey and Association’s Duty to Accept Common Area
The Declarant shall convey to the Association, and the Association shall accept
all of the Common Area as soon as the Association is able to operate and
maintain the same in a manner appropriate to the needs and desires of the owners
and in accordance with these Covenants, but the Declarant shall not delay the
conveyance of said Common Area for more than two (2) years after the date of the
recording of this Declaration.
6.4 Declarant’s Reservations of Powers, Duties and Obligations Pursuant to these
Covenants
The Declarant hereby reserves to itself all of the powers, duties and
obligations granted by these Covenants to the Association, for the purpose of
administering and enforcing any and all provisions hereof, until such time as
the Declarant shall delegate the same to the Association in accordance with the
provisions of Section 6.5 hereof, including the right to dedicate, transfer and
convey all of any part of the Common Area and utilities thereon to Snohomish
County or to a Park Department thereof.
6.5 Delegation by Declarant
Declarant may at any time and from time to time delegate, convey or otherwise
assign to the Association Declarant’s interest in the Common Area within
SNOHOMISH CASCADE DIVISION I, II, & III, and the powers and obligations of the
Declarant pursuant to these Covenants, and such interest, powers and obligations
shall thereupon vest in the Association without the necessity of any acceptance
thereof by the Association. Such delegations, conveyances or other assignments
may grant to the Association authority which is exclusive or which is concurrent
with Declarant, and may be made in general terms or with reference to specific
items. If specific delegation, conveyance or other assignments are made, they
shall cover only those items which are expressly described therein; provided,
however, that correlative power and obligations shall by treated together. The
time and manner of such delegations, conveyance or other assignments shall be
solely within the discretion of the Declarant; provided, however, that Declarant
shall complete the delegations, conveyances or other assignment of all of its
interest in the common areas within SNOHOMISH CASCADE DIVISION I, II, & III, and
all of Declarant’s powers and obligations under these Covenants with respect to
SNOHOMISH CASCADE DIVISION I, II, & III, (excepting Declarant’s powers and
obligations as provided for under Article 5.4 of these Covenants): (a) when all
lots within SNOHOMISH CASCADE DIVISION I, II, & III are owner occupied, or (b)
two years after the date this Declaration is recorded whichever is earlier. The
responsibility of Declarant under these Covenants with respect to any property,
powers or obligation shall cease upon the exclusive conveyance, delegation or
other assignment thereof to the Association. Any delegation pursuant to this
section shall be in writing, executed by Declarant and recorded in the Deed
Records of Snohomish County, Washington.
At such time as the Declarant may convey or otherwise assign to the Association
the obligation of the maintenance of the common areas, open space, trail system,
picnic areas, waterfall and the overall landscaping including but not limited to
both sides of the County Right of Way (commonly known as 132nd Street S.E.) to
the extent of that portion of the County Right of Way which had previously been
improved and landscaped by Declarant and the maintenance of the planter islands
on 65th Avenue S.E. and any other landscaped portions of 65th Ave. S.E. ,
Declarant shall specify to the Association the minimum amount of maintenance the
Association will be obligated to perform on a regular basis, should the
Association, in the sole discretion of the Declarant, fail to maintain the
common areas, open spaces, trail system, picnic areas, etc. as so specified,
Declarant may revoke its conveyance or assignment of the obligations as
described herein by giving ten (10) day written notice to the officers of the
Association of Declarant’s revocation of the conveyance of the obligation of the
above described maintenance.
In the case of reconveyance to the Declarant of the obligations as set forth
herein all funds being held by the Association for maintenance, taxes,
insurance, etc. (including any reserves) shall be immediately transferred to an
account as specified by Declarant. Declarant shall have the right to adjust the
annual maintenance assessment in excess of the adjustment as called for in
paragraph 7.4 to the extent necessary (but not to exceed an increase of 40% of
the then-current annual maintenance assessment) so as to reimburse Declarant any
direct costs incurred by Declarant over and above the annual maintenance
assessment (including any reserves) which are direct costs excluding any profit
to Declarant whatsoever.
From time to time as additional divisions of SNOHOMISH CASCADE are incorporated
into the CC&R’s as provided for in accordance with paragraph 6.6 (Powers and
Obligations) the costs of the maintenance of the open spaces, common areas, etc.
shall be divided equally between the total number of lots that are included and
governed by the conditions of these covenants and restrictions.
6.6 Powers and Obligations
The Association shall have, exercise and perform all of the following powers,
duties and obligations:
(a) The powers, duties and obligations granted directly to the Association by
these Covenants, or granted by these Covenants to Declarant and in turn
delegated, conveyed or otherwise assigned by Declarant to the Association.
(b) The powers, duties and obligations of a nonprofit organization pursuant to
the general nonprofit corporation laws of the State of Washington.
(c) Any additional or different powers, duties and obligations necessary or
desirable for the purpose of carrying out the functions of the association
pursuant to these Covenants or otherwise promoting the general benefit of the
Owners within SNOHOMISH CASCADE DIVISION I, II, & III.
The powers and obligations of the Association may from time to time be amended,
repealed, enlarged or restricted by changes in these Covenants made in
accordance with the provisions herein or by changes in the Articles of
Incorporation or Bylaws of the Association made in accordance with such
instruments and with the nonprofit corporation laws of the State of Washington.
The Declarant may, at its sole discretion, amend these Covenants, the Articles
of Incorporation or Bylaws of the Association to the extent of adding to and
including additional divisions of SNOHOMISH CASCADE. Declarant’s delegation,
conveyance or assignment to the Association of its powers and obligations shall
not negate or eliminate Declarant’s rights of amendment of the CC&R’s so as to
include additional division of SNOHOMISH CASCADE.
In the event the Declarant adds to and includes additional divisions as called
for here in the conditions of Section 6.5 of these CC&R’s will be altered to
wit: (A) When all of the lots in Snohomish Cascade Division I, II, & III and all
additional lots in subsequent divisions having been added to Divisions are owner
occupied. Or (B) Four years after the date of this declaration is recorded.
6.7 Liability
Neither the Association nor any officer or member of the Board of Directors
shall be liable to any Owner for any damage, loss or prejudice suffered or
claimed on account of any action or failure to act by the Association, any of
its officers or any member of its Board of Directors, provided only that the
officer or Board Member has acted in good faith in accordance with the actual
knowledge possessed by him.
ARTICLE VII – Maintenance: Assessment and Fund
7.1 Maintenance
Declarant shall maintain, or provide for the maintenance of, the Common Area
(unless the maintenance thereof is assumed by a public body) and the entrance
landscaping. Declarant shall delegate or otherwise assign its obligation of
maintenance to the Association, within the time set forth in Section 6.3.
7.2 Maintenance Assessment
The Association (or Declarant until so delegated to it) shall assess and collect
from every Owner, and every Owner shall pay, an annual maintenance assessment
sufficient to pay to common expenses, including but not limited to reserves,
taxes and insurance, but not more than $95.00 per lot, unless such maximum
assessment is increased as provided in Section 7.4. The annual assessment shall
be made as of January 1 of each year, commencing January 1, 1988. No such
maintenance assessment shall be made with respect to lots as to which Declarant
is owner or any Owner whose ownership of one or more lots is solely for the
purpose of construction homes thereon for resale. The Association (or Declarant
until so delegated to it) shall place all amounts received as maintenance
assessments hereunder in the Maintenance Fund to be established and used as
provided herein. Assessments for each lot owner shall begin on the date said
owner closes the transaction in which he acquires right, title and interest in
the lot.
7.3 Maintenance Fund
The Association (or Declarant until so delegated to it) shall keep all funds
received by it as maintenance assessment, together with any proceeds from any
condemnation of any part of the Common Area and any other funds received by it
pursuant to these Covenants which are by the terms of such Covenants to be
deposited in the Maintenance Fund, separate and apart from its other funds in an
account to be known as the “Maintenance Fund”, and shall use such fund only for
the following purposes:
(1) Payment of the cost of maintaining the Common Area designed to serve the
general benefit of such Owners.
(2) Payment of taxes assessed against Common Areas within SNOHOMISH CASCADE
DIVISIONS I, II & III.
(3) Payment of the cost of garbage and trash disposal for Common Areas.
(4) Payment of the cost of insurance, including insurance protecting the
Committee, Declarant and the Association against liability arising out of their
functions and activities to the administration of these Covenants.
(5) Payment of the cost of enforcing these covenants.
(6) Payment of the cost of other services which the Declarant deems to be of
general benefit to owners of property within SNOHOMISH CASCADE DIVISIONS I, II &
III, including, but not limited to, legal, secretarial and accounting services.
(7) In the event of any condemnation of a portion of the Common Areas should
result in a surplus of the Maintenance Fund not needed for payment of the other
items described herein, such surplus shall be divided by the number of lots in
SNOHOMISH CASCADE DIVISIONS I, II & III and such amounts paid equally to the
holder of any first mortgage or deed of trust on each lot, or if none, to the
owner of the lot.
7.4 Adjustments
The Association (or Declarant until so delegated to it) may adjust the amount of
the annual maintenance assessment in accordance with increases in maintenance
costs, provided, however, that such increase does not exceed twenty percent
(20%) above the preceding year’s assessment, without requiring a vote thereon by
the members. In the event the Association (or Declarant) deem the Maintenance
Fund to be inadequate or excessive for the purposes set forth herein, taking
into account the need for reasonable reserves for such purposes, the annual
maintenance assessment provided for by Section 7.2 may be increased or decreased
on a uniform basis and in such amount as is approved in writing or at a meeting
of the Association members, by not less than an affirmative vote of a minimum of
sixty percent (60%) of the total of all of the votes cast by both owners of lots
within SNOHOMISH CASCADE DIVISIONS I, II & III and the Declarant in accordance
with the provisions of 6.2.
ARTICLE VIII –Enforcement
8.1 Default in Payment of the Assessment and Fines
Each assessment levied pursuant to these Covenants shall be a separate, distinct
and personal debt and obligation of the Owner against whom the assessment fine
is levied. Sale or transfer of the lot by the Owner shall not release him from
the personal liability imposed hereunder. If the Owner fails to pay such fine or
assessment or any installment thereof when due, the Owner shall be in default
and the amount of the assessment not paid together with costs and attorneys’
fees as elsewhere provided for herein shall become a lien upon the lot or lots
against which the assessment was made upon recordation by Declarant of the
Association of a notice of lien. Such liens shall be subordinate to the lien of
any mortgage or deed of trust upon such lot or lots which was made in good faith
and for value and which was recorded prior to recordation of the notice of the
lien. Declarant or the Association may commence proceedings to foreclose any
such lien at the time within one year following such recordation.
8.2 Enforcement by Snohomish County
The provision of these covenants relating to the preservation and maintenance of
common area shall be deemed to be for the benefit of Snohomish County as well as
Declarant and the owners of the lots within SNOHOMISH CASCADE DIVISIONS I, II &
III and the County may enforce such provision by appropriate proceedings at law
or in equity.
8.3 Expenses and Attorney’s Fees
In the event the Association (or Declarant until so conveyed) or Snohomish
County shall bring any suit or action to enforce these covenants, to collect any
money due to them thereunder, or to foreclose a lien, the prevailing party shall
be entitled to recover all costs and expenses incurred by him in connection with
such suit or action, including a foreclosure title report and such amount as the
court may determine to be reasonable as attorneys’ fees at trial and upon any
appeal thereof.
8.4 Non-exclusiveness and Accumulation of Remedies
An election by the Association (or Declarant until so conveyed) to pursue any
remedy provided for violation of these covenants shall not prevent concurrent or
subsequent exercise of another remedy permitted under these covenants, the
remedies provided in these covenants are not exclusive, but shall be in addition
to all other remedies, including actions for damage and suits for injunctions
and specified performance, available under applicable laws.
ARTICLE IX – General Provisions
9.1 Term, Amendment and Repeal
These Covenants shall run with the land with respect to any property within
SNOHOMISH CASCADE DIVISIONS I, II & III, for a period of not less than twenty
(20) years and shall be binding on all parties and all persons. These covenants
or any provision thereof, as from time to to time in effect with respect to all
or any part of SNOHOMISH CASCADE DIVISIONS I, II & III may be amended or
repealed by an affirmative vote or the written consent of not less than 75% of
the owners and in accordance with provision 6.2 (excepting those provisions set
forth in 6.6 wherein Declarant may incorporate additional Divisions of SNOHOMISH
CASCADE under these CC&R’s). Any such amendment or repeal shall become effective
only upon the recordation of a certificate executed by two officers entitled to
act in the name of the Declarant, setting forth in full the amendments,
amendments or repeal have been approved in accordance with the provisions
herein.
9.2 Limitation of Liability by Declarant
Neither Declarant nor any officer or director thereof, shall be liable to any
owner on account of any action or failure to act of Declarant in performing its
duties or rights hereunder, provided that Declarant has, in accordance with
actual knowledge possessed by it, acted in good faith.
9.3 Construction, Severability, Numbers, Captions
These covenants shall be liberally construed as an entire document to accomplish
the broad purpose thereof. Nevertheless, each provision of these covenants shall
be deemed independent and severable, and the invalidity or partial invalidity of
any provisions shall not affect the validity or enforceability of the remaining
part of that or any other provision.
9.4 Notices and other Documents
Any notices or other document permitted or required by these covenants may be
delivered either personally or by mail. Delivery by mail shall be deemed made
forty-eight (48) hours after having been deposited as certified or registered
mail in the United States Mail, with postage prepaid, addressed as follows: if
to the Declarant or the Architectural Control Committee, 301 116th Avenue S.E.,
Suite 570, Bellevue, Washington, 98004; if to an owner, at the address given by
him at the time of his purchase of a lot, or at his lot within SNOHOMISH CASCADE
DIVISIONS I, II & III. The address of a party may be changed by him at any time
by notice in writing delivered as provided herein.