CC&R's of Deerfield Homeowners' Association
(Important Note! The following is a reproduction of the original CC&R's. This
reproduction may contain typographical errors or other potential deviations from
the actual CC&R's. Please refer to original document.)
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
THIS
DECLARATION, made on the date hereinafter set forth
By
WASHINGTON SERVICE, INC., hereinafter referred to as
“Declarant”.
WITNESSETH:
WHEREAS, Declarant is the owner of certain property
The
County of king, State of Washington, which is more
Particularly described as follows:
Deerfield division 3, according to the Plat recorded in
Volume
141 of Plats, Pages 87 through 92 , records of King County,
State of Washington.
NOW,
THEREFORE, Declarant hereby declares that all of the
Properties described above shall be held, sold and conveyed
Subject to the following easements, restrictions, covenants and
Conditions, which are for the purpose of protecting the value and Desirability
of,
and,
which shall run with the real property be binding on all parties
having any right, title or interest in the described properties or an y part
thereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. “Association” shall mean and refer to the Deerfield Homeowner’s
Association, its successors and assigns.
Section 2. “Owner” shall mean and refer to the record owner, whether one or
mere persons or entities, of a fee simple contract sellers, but excluding those
having such interest merely as security for the performance of the obligation.
Section 3. “Properties” shall mean and refer to that certain real property
hereinbefore described.
Section 4. “Common Area” shall
mean all real property (including improvements thereto) owned by the Association
for the common use and enjoyment of the owners. The Common Area to be owned by
the Association at the time of conveyance of the lot is described as follows:
(a)
Tracts C & D as shown on the recorded plat of Deerfield Division 3;
(b)
Tracts A, B, & D as shown on the recorded plat of Deerfield, Division #2;
(Volume134 of Plats, Pages 48 through 50, records of King County, State of
Washington); and
(c)
Tracts B, C & D, as shown on the recorded plat of Deerfield division #1
(Volume 130 of Plats, Pages 69 through 70, record of King County, State of
Washington).
FILED
FOR record at Request
Name ESM .
Address___941 Powell Ave. SW #100
??????????????????????????????????
Section 5. “Lot” shall mean and refer to any plot of land shown
upon the recorded subdivision map of the Properties.
Section 5. “Declarant” shall man and refer to WASHINGTON SERVICE,
INC., their successors and assigns if such successors or assigns should acquire
more than one undeveloped lot from the Declarant for the purpose of development.
ARTICLE II
PROPERTY RIGHTS
Section 1. “Owners’ Easements of Enjoyment” Every owner
shall have a right and easement o_ enjoyment in and to the Common Area which
shall be appurtenant of 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 us of any recreational facility situated upon the Common Area;
(b)
The right of the Association to suspend voting rights and right of use of
the Common Area by the owner for any period during which any assessment against
his Lot remains unpaid, and for a period not to exceed sixty (60) days for any
infraction of its published 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. No such
dedication or transfer shall be effective unless and instrument agreeing to such
dedication or transfer signed by two-thirds’ (2/3) of each class of members has
been recorded.
(d)
Section 2. Delegation of Use Any owner may delegate, in
accordance with the Bylaws, his rights of enjoyment to the Common Area and
facilities to the members of his family, his tenants, contract purchasers who
reside on the property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a Lot which is subject to assessment
shall be a member of the Association. Membership shall be appurtenant to and
may not be separated from ownership of any Lot which is subject to assessment.
Section 2. This Association shall have two (2) classes of voting membership.
CLASS
A:
Class A members shall be Owners, with the exception of the Declarant, and shall
be entitled to one (1) vote for each Lot owned. When more than one person holds
an interest in any Lot, all such persons shall be member, the vote for such Lots
shall be exercised as they determine, but in no event shall more than on (1)
vote be cast with respect to any Lot.
CLASS
B:
Class B member(s) shall be the Declarant (as defined in the Declaration) and
shall be entitled to three (3) votes for each Lot owned. The Class B members
shall cease and be converted to Class A membership on the happening of either of
the following events, whichever occurs earlier:
(a)
When the total votes outstanding in the Class A membership equals the
total votes outstanding in the Class B membership, or
(b)
The 1st day of January, 1992.
ARTICLE IV
COVENANT FOR CAPITAL & MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments. 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 expressed in such deed, is deemed to covenant and
agree to pay to the Association (1) annual assessments or charges, and (2)
special assessments for capital improvements, such assessments to be established
and collected as hereinafter provided. The annual and special assessments,
together with interest, costs and reasonable attorney’s fees, shall be a charge
on the land and shall be a continuing lien upon the property against which each
such assessment is made. Each such assessments together with interest, costs
and reasonable attorney’s fee, shall also be the personal obligation of the
person who was the owner of such property at the time when the assessment fell
due, regardless of whether such person continues to be an Owner.
Section 2. Purpose of Assessments The assessments levied
by the Association shall be used exclusively t promote the recreation, health,
safety and welfare of the residents in the Properties and for the improvements
and maintenance of the common Area.
Section 3. Maximum Annual Assessments
Until January one of the year immediately following the conveyance of the first
Lot to any Owner, the maximum annual assessment shall be $100.00.
(a)
From and after January 1st
of the year immediately following the conveyance of the first Lot to an Owner,
the maximum annual assessment may be increased each year not more than (10%)
percent above the maximum assessment for the previous year without a vote of the
membership.
(b)
From and after the first of January of the
year immediately following the conveyance of the first Lot to an Owner, the
maximum annual assessment may be increased above ten percent (10%) by a vote of
two-thirds (2/3) of each class of members who are voting in person or by proxy,
at a meeting called for this purpose.
(c)
The Board of Directors may fix the annual
assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements
In
addition to the annual assessments authorized above, the Association may levy,
in any assessment year after the calendar year 1986, a special assessment
applicable to that year only for the purpose of defraying, in whole or in part,
the cost of capital improvement upon the Common Area, including fixtures and
person property related thereto, provided that any such assessment shall have
the assent of two-thirds (2/3) of the votes of each class of member who are
voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice of Quorum for Any Action Authorized Under
Section 3 and 4 Written notice of any meeting called for the purpose of
taking any action authorized under Section 3 or 4 shall be sent to all members
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 sixty percent (60) of all votes of each class of
membership shall constitute a quorum. If the required quorum is not present,
another 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.
Section 6. Uniform Rate of Assessment Both annual and
special assessments must be fixed at a uniform rate for all Lots and may be
collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments, Due
Dates The annual assessments provided for herein shall conveyance of
the Common Area. The first annual assessment shall be adjusted according to the
number of months remaining in the calendar year. The Board of Directors 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 of Directors The Association shall, upon demand, and
for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessment of a specified Lot has been
paid. A properly executed certificate of the Association as to the status of
assessments on a Lot is binding upon the Association as of the date of
issuance.
Section 8. Subordination of the Lien to Mortgages,
The lien of the assessments provided for herein shall be subordinate to the lien
of any first mortgage. Sale or transfer of any Lot shall not affect the
assessment lien. However, the sale or transfer of any Lot pursuant to the
foreclosure of the lien or a mortgage or Deed of Trust with respect thereto, or
any proceeding in lieu thereof, shall extinguish the lien of such assessments as
to payments that became due prior to such sale or transfer. No sale or transfer
shall relieve such Lot from liability for any assessments thereafter becoming
due or from the lien thereof, nor shall any such sale or transfer remove from
the Owner (the mortgagor or grantor under the mortgage or deed of trust being
foreclosed) the personal liability of said Owner pursuant to Section 1 of
Article IV above.
Section 9. Effect of Nonpayment of Assessments;
Remedies of the Association Any assessment not paid within thirty (30)
days after the due date shall bear interest from the due date at the rate of
18% per annum. The Association may bring an action at law against the
Owner personally obligated to pay same, or foreclose the lien against the
property. No Owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the Common Area or abandonment of his Lot.
ARTICLE V
GENERAL PROTECTIVE COVENANTS
Section 1. Residential Character of the Property
The term “residential lot” as used herein, mans all of the Lots now or hereafter
platted on the existing property. No structures or buildings of any kind shall
be erected, altered, placed or permitted to remain on any residential Lot other
than one single family dwelling for single family occupancy only, not to exceed
two stories in height, with a private garage or carport for not more than three
(3) standard size automobiles.
Section 2. Business and Commercial Use of Property
Prohibited No trade, craft, business, profession, commercial activity of any
kind shall be conducted or carried on upon any residential lot. No goods,
equipment, vehicles (including buses, trucks and trailers of any description) or
material or supplies used in connection with any trade, service or business,
wherever the same may be conducted or any vehicle in excess of 6,000 pounds
gross weight (including buses, trucks and trailers of any description)
regardless of the purpose for which such are used, be kept, parked, stored,
dismantled or repaired on any residential lot or on any street within the
property, except for those necessary for initial construction and real estate
sales activity. Nothing shall be done on any residential lot, which may be or
may become an annoyance to the neighborhood. No owner of any residential lot
shall permit any vehicle owned by him or any acquaintance, and which is in an
extreme state of disrepair, to be abandoned or to remain parked upon any street
or lot within the existing property for a period in excess for forty eight (48)
hours.
Section 3. Residential Use of Temporary Structures
Prohibited No trailer, basement, tent, shack, garage, barn or other
out-buildings or any structure of a temporary character placed on the property
shall at any time be used as a residence temporarily or permanently.
Section 4. Recreational Vehicles
No
boats, trailers, campers or recreational vehicles shall be stored or kept on any
Lot for a period of more than twenty-four (hours, unless said boat, trailer,
camper or recreational vehicle is enclosed or screened such that it is not
visible from any street or any other Lot in the Plat.
Section 5. Architectural Control No building,
fence or wall shall be erected, placed or altered on any Lot until the
construction plans and specifications and a plan showing the location the of the
structure have been approved by the Architectural Control Committee as to the
quality of workmanship and materials, harmony of external design and color with
the existing structures, and as to location with respect to topography and
finish grade elevation. Approval shall be as follows:
Section 5 (a). Architectural Control Committee
The Architectural Control Committee is composed of the developer 100% of the
Lots are closed, at which time three (3) homeowners will be selected by the
Board of Directors to serve on the Committee. A majority of the committee may
designate a representative to act for it. In the event of death or resignation
of any member of the committee, the remaining members shall have full authority
to designate a successor. Neither the members of the committee nor its
designated representative shall be entitled to any compensation for services
performed pursuant to this covenant. At any time, the then record Owners of a
majority of the Lots shall have the power through a duly recorded written
instrument to change the membership of the committee or to withdraw from the
committee or restore to it any of its power and duties.
Section 5 (b) Procedure The Committee’s approval or
disapproval as required in these covenants shall be in writing. In the event
the committee or its designated representative fails to approve or disapprove
within thirty (30) 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.
Section 6. Dwelling Size and Location The
ground floor area of the main structure, exclusive of one-story open porches and
garages shall be not less than 1350 square feet for a one-story dwelling, nor
less than 750 square feet for a dwelling of more than one-story. No building,
exclusive of porches, roofs, overhangs and steps, shall be located on any lot
nearer to the front line or nearer to the side street line than the minimum
building setback line shown on the recorded plat, or as required by King County
ordinance. In any event, no building, exclusive of porches, roofs overhangs and
steps, shall be located on any lot nearer than 20 feet to the front
property line, nearer that 15 feet to any side street line, or nearer
that 5 feet to an interior lot line. No dwelling shall be located on
any lot nearer than 15 feet to the rear Lot line. For the purpose of
this covenant, eaves steps and open porches shall not be considered as part of
the building provided, however, that this shall not be construed to permit any
portion of a building on a lot to encroach upon another lot.
Section 7. Lot Area and Width No dwelling shall
be erected or placed on any lot having a width of less than 50 feet at the
building setback line, nor shall any dwelling be erected or placed on any lot
having an area of less that 7200 square feet.
Section 8. Easements There are hereby
specifically reserved for the benefit of the Developer, any applicable utility
company, the lot owners in common, and each lot owner severally, as their
respective interest shall obtain, the easements, reciprocal negative easements,
secondary easements, and right-of –way, as are specifically identified
hereinafter.
Section 8 (a) Utility Easements on each lot an
easement is reserved under, over and upon five (5) foot strips of land adjacent
to front and rear boundary lines, and two and one-half (2 ½) foot strips of land
adjacent to side boundary line for utility installation and maintenance,
including but not limited to power, telephone, water, sewer drainage, gas, etc.,
together with the right to enter upon the lots at all times for said purposes.
Additional utility easements are reserved as shown on the recorded plat and
others required will also be regarded as necessary easements required by
governmental subdivisions. Within these easements, no structure, planting or
other material shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of utilities, or which may
change the direction or flow of drainage channels in the easements, or which may
obstruct or retard the flow of water through drainage channels or pipes in the
easements. The easement area of each lot and all improvements in it shall be
maintained continuously by the owner of the Lot, except for those improvements
for which a public authority or utility is responsible.
Section 8 (b) Easement for Repair and Maintenance of Walls and
Porches, Roofs, Overhangs and Steps Contiguous to Side Boundary Lines.
There is specifically reserved, upon any adjoining lot which faces the exterior
wall of a building across the common boundary between adjoining lots as the
servient tenement, for the benefit of the adjoining lot of which such building
is located, and the owner thereof as dominant tenement, an easement over, under,
upon and through such servient tenement, at reasonable places, for the
performance of such work during day-light hours as may be necessary or advisable
in connection with the maintenance, repair or restoration of the building and
portions thereof, such as porches, roofs, overhangs and steps constructed on the
dominant lot and an easement for ingress and agress to perform such work.
Section 9. Nuisances No noxious or offensive
activity shall be carried on upon any lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the neighborhood.
Section 10. Garbage and Refuse Disposal No lot or
tract shall be used as a dump for trash or rubbish of any kind. All garbage and
other waste shall be kept in appropriate sanitary containers for proper
disposal. Yard rakings, such as rocks, lawn and shrubbery clippings, and dirt
and other material resulting from landscaping work shall not be dumped into
public streets or ditches. The removal and disposal of all such materials shall
be the sole responsibility of the individual lot owner. All incinerators or
other work shall be kept in a clean and sanitary condition.
Section 11. No fence, wall or hedge shall be erected, placed
or altered on any lot nearer to any street that the building setback line,
except that nothing shall prevent the erection of a necessary retaining wall,
the top of which does not extend more than 5 feet above the finished
grade at the back of said wall.
Section 12. Animals No animal, livestock, or
poultry of any kind shall be raised, bred, or kept on any lot, except that cats,
dogs, birds or other household pets may be kept if they are not kept, bred, or
maintained for any commercial purpose, and that they shall not be kept in
numbers or under conditions reasonably objectionable in a residential community.
Section 13. Outside Antennas No outside
television or radio antenna of any kind shall be placed on any lot or upon and
structure without the written consent of the Architectural Control Committee.
Section 14. Signs No signs shall be erected or
maintained on any residential lot in the tract, except that no more than one
approved FOR SALE or FOR RENT sign placed by the Owner or builder or by a
licensed real estate broker, not exceeding eighteen (18) inches high and
twenty-four (24) inches long, may be displayed on any lot. As long as houses in
the development are being sold for the first time the
Developer and/or his agent may erect signs throughout the development directing
prospective purchasers to “new homes for sale”.
Section 15. Date for Completion of Construction Any
dwelling or structure erected or placed on any residential lot shall be
completed as to external appearance, including finished painting, within eight
(6) months from date of commencement construction. Any dwelling shall be
connected to the public sewer system.
Section 16. Mortgage Protected Nothing herein
contained shall impair or defeat the lien of any mortgage or deed of trust or
hereafter recorded covering any lot or lots, but title to any property obtained
as a result of foreclosure shall thereafter be held subject to all of the
provisions herein.
Section 17. Greenbelt Easements A Greenbelt Easement
and /or Sloped Protection Easement is reserved as shown on the Composite in
these natural growth areas, no structure, clearing, grading or vehicular access
or other material shall be placed or permitted to remain or other activities
undertaken which may damage or interfere with established slope ratios, creating
erosion or sliding problems, or which may change the direction of flow of
drainage channels or obstruct or retard the flow of water through drainage
channels, except access shall be permitted for the purpose of installation and
maintenance screening, utilities and drainage facilities.
The natural growth protection areas of each lot and all improvements in it shall
be maintained continuously by the owner of the lot except for those improvements
for which a public authority or utility company is responsible.
GENERAL PROVISIONS
Section 1. Enforcement Any owner shall have the right to enforce, by
any proceeding at law or in equity, all restrictions, covenants, reservations,
liens and charges now or hereinafter imposed by the provisions of the
Declaration. Failure 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.
Section 2. Severability Invalidation of any one
of these covenants or restrictions by judgment or court order shall in no wise
effect any other provisions which shall remain in full force and effect.
Section 3. Amendment The covenants and restrictions of
this Declaration shall run with and bind the land, for a term of 30
years from the date this Declaration is recorded after which time they shall be
automatically extended for successive periods of 30 years. This
Declaration may be amended during the first 20 year period by an
instrument signed by not less that ninety (90%) percent of the lot owners, and
thereafter by an instrument signed by not less than seventy-five (75%) percent
of the lot owners. Any amendments shall take effect when they have been
recorded with the Auditor of King County.
Section 4. Annexation (a) The annexation of
additional properties other than Properties within the general plan of
development identified and provided for in
Sub-Section (b) of Section 4 of Article VI (see also Exhibit “A”) hereof, shall
require the assent of not less that two-thirds (2/3) of the members of the
Association, at a meeting duly called for this purpose, written notice of which
shall be sent to all members not less than thirty (30) days or more than fifty
(50) days in advance of the meeting, setting forth the purpose of the meeting.
At said meeting, the presence of members or of proxies entitled to cast sixty
percent (60%) of all votes shall constitute a quorum. If the required quorum is
not present in person or by proxy at any meeting, subsequent meetings may be
called subject to the notice requirement set forth above and the required quorum
at such subsequent meetings shall be one-half (1/2) of the required of the
preceding meeting. No such subsequent meeting shall be held more than fifty
(50) days following the preceding meeting. In the event two-thirds (2/3) of the
members are not present in person or by proxy, members not present may give
their written consent to the action taken thereat. During the developmental
period, annexation of additional properties under this Section 1 shall also
require the prior written approval of the Declarant.
(b) If within fifteen (15) years of the date of recording of
this Declaration, the Declarant or its successor or assignee should develop
additional lands within the area described in Exhibit “A” attached hereto, such
additional lands may be annexed to this existing property without the assent of
the member so the Association.
ARTICLE VII
PLAT RESTRICTIONS
No Lot or portion of a Lot in the Plat shall be divided and sold or
resold or ownership changed or transferred whereby the ownership of any portion
of this plat shall be less than the area required by applicable zoning.
ARTICLE VIII
EXTERIOR MAINTENANCE
The Declarant, during the developmental period, and thereafter the
Association, shall maintain all Common Properties, entrances, and entrance
planters, and all cul-de-sac planters located on streets within the properties.
Each individual Owner or contract purchaser shall be obligated to provide
exterior maintenance of his own Lot and the buildings located thereon. In the
event an Owner of any Lot in the Properties shall fail to maintain the premises
and the improvements situated thereon in a manner reasonably satisfactory to the
Board of Directors, the Association after approval by two-thirds (2/3) vote of
the Board of Directors, shall have the right, through its agents and employees,
to enter upon said lot and to repair, maintain, and restore the Lot (including
the cutting of grass and pruning of trees) and the exterior of the building or
buildings and any other improvements erected thereon. The cost of such repair
and restoration maintenance (including the cutting of grass and pruning of
trees) shall be added to and become a par of the assessment to which such Lot is
subject.
IN
WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto
set its hand and seal this ______ day of May, 1988.
By:_______________________________
W. Alden Harris, Vice President
By:
.
