Office of
City Clerk Renton Municipal
Building 10 Mill
Avenue South Renton, WA 98055
DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS, AND
EASEMENTS FOR HONEY CREEK RIDGE
THIS DECLARATION is made on this13th Day of July of 1995: by the undersigned (“Declarant”) who is the owner of certain real
property situated in the State of Washington,
located in Section 4, Township 23 North,
Range 5 East. W.M. City of Renton,
in King County, and known as the Plat
of Honey Creek Ridge.
DESCRIPTION OF DECLARATION
Declarant desires
to develop Honey Creek Ridge as a residential community. Declarant also desires to provide for the maintenance of
landscaping, fencing, street lights, and related items, and also for
maintenance of the Storm Water Retention Facility and Bio Filtration swale
until such time as the City of Renton adopts an ordinance providing for public
maintenance of said facilities, and to provide for the preservation of
the natural values in Honey Creek Ridge.
This
Declaration establishes a plan for the private ownership of lots and the
buildings constructed thereon, for the dedication of certain areas to municipal
corporations, and for the beneficial maintenance through a nonprofit
corporation of all the remaining land and related easements, hereafter defined and referred to as the “Common Areas.” The
nonprofit corporation is the HONEY CREEK RIDGE HOMEOWNERS ASSOCIATION
(“Association”), to which shall be delegated and assigned the duties and powers
of maintaining and administering the Common Areas, administering and enforcing
these covenants, conditions, and restrictions, and collecting and disbursing
the assessments and charges hereinafter created.
NOW, THEREFORE, Declarant hereby covenants, agrees, and declares that
all of Honey Creek Ridge, as
defined herein and described in Exhibit A hereto, and the buildings and
structures hereafter constructed thereon
are, and will be, held, sold, and conveyed subject to and burdened by
the following covenants, conditions, restrictions, and easements, all of which
are for the purpose of enhancing and protecting the value, desirability, and attractiveness
of Honey Creek Ridge for the benefit of the Owners thereof; their heirs,
successors, grantees, and assigns. All provisions of this Declaration shall be
binding upon all parties having or acquiring any right, title, or interest in
Honey Creek Ridge or any part thereof, and shall inure to the benefit of the
Owners thereof and to the benefit of the Association and are intended to be and
shall in all respects be regarded as covenants running with the land.
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ARTICLE I - DEFINITIONS
Section 1.1 - Architectural Control Committee
“Architectural Control Committee” shall mean and refer to the duly
appointed Committee of the Association as further described in Section 2.7 as
sometimes referred to herein as the * Committee.”
Section 1.2 - Association
“Association” shall mean and refer to the Honey Creek Ridge Homeowners
Association, a Washington nonprofit corporation, its successors and assigns.
Section 1.3 - Association Action
‘Association Action” (ACE) shall mean and refer to a written corporate
action of the Association in
the form of either a bylaw or resolution duly passed by either the Board or the
Owners.
Section 1.4 - Board
“Board” shall mean and refer to the board of
Directors of the Association.
Section 1.5 - Building Setback Line
“Building Setback Line” shall mean and refer to the various lines designated
as ‘BSBL” on the face of the
final plat, short plat, or other analogous recorded plan or map, beyond which
no structures, filling, grading or other
obstructions are permitted as set forth in Section 5.2 hereof.
Section
1.6- Common Areas
‘Common Areas”
shall mean and refer to all easements, and Tracts and any improvements thereto that are owned or maintained by the
Association, for the benefit of the Lot Owners, and subjected to this
Declaration by an appropriate recording. Tracts reserved for access to a
particular Lot or Lots and not owned
by the Association shall not be considered part of the Common Areas. The Common
Areas in Honey Creek Ridge are listed in Exhibit B which is attached hereto and
incorporated herein by this reference. The Declarant may add to the Common Areas during the Development Period by
recording an amendment to this Declaration or by recording a
Supplementary Declaration.
Section 1.7 - Declarant
“Declarant” shall mean and refer to LAKERIDGE DEVELOPMENT, INC. , a
Washington corporation, its
successors and assigns if such successors or assigns should acquire all or substantially all of the then undeveloped
portions of Honey Creek Ridge from. Declarant for the purpose of
development (excluding Participating Builders).
Section
1.8- Declaration
“Declaration” shall mean and refer to this instrument, as the same may
be supplemented or amended
from time to time.
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Section 1.9 - Development Period
“Development Period” shall mean and
refer to that period of time beginning on the date of this Declaration and ending whenever any of the
following first occurs:
(i) 4
years from the date hereof or
(ii) upon receipt of
written notice from Declarant to the Association in which Declarant elects to terminate the Development
Period.
Section 1.10 - Governing Documents
“Governing Documents” shall mean and refer to this Declaration,
Supplementary Declarations, and the Articles of Incorporation, Bylaws of the
Association, rules and regulations, and rules and procedures of the
Architectural Control Committee as any of the foregoing may be amended from time to time.
Section
1.11- Honey Creek Ridge
Division Land
Subsequent Divisions
“Honey Creek Ridge” shall mean and refer to that certain real property
known as “Honey Creek Ridge” which is indicated herein on Exhibit A attached
hereto, and such additions thereto as ma y hereafter be brought within the terms and conditions hereof by an
appropriate recording.
Section
1.12- Lot
“Lot” shall mean and refer to any legally segmented and alienable
portion of Honey Creek Ridge created
through subdivision or any other legal process for dividing land and subjected
to this Declaration by an appropriate recording, with the exception of
dedicated rights of way and Tracts designated as Common Areas or reserved for
access to a particular Lot or Lots.
Section
1.13- Mortgage
“Mortgage” shall mean and refer to any recorded mortgage or deed of
trust encumbering one or more
of the Lots. “First Mortgage” shall mean and refer to a Mortgage with priority
over other Mortgages. “Mortgagee” shall
mean and refer to the holder or beneficiary of any Mortgage and shall
not be limited to Institutional Mortgagees. As used herein, the term
“Institutional Mortgagee” or “Institutional
Holder” shall include banks, trust companies, insurance companies, mortgage
companies, mortgage insurance companies, savings and loan associations, trusts,
mutual savings banks, credit unions, pension fluids, Federal National Mortgage
Association, Federal Home Loan Mortgage Corporation, all corporations, and any
agency or department of the United States Government or of any state or
municipal government.
Section 1.14 - Native Growth Protection Easement
“Native Growth
Protection Easement” shall mean and refer to an area in a Lot or Tract so
designated on the final plat, short plat, or other analogous recorded plan or
map, in which the removal of trees and
significant natural ground cover, as well as the conduct of other activities, are
restricted pursuant to the provisions of Article 5 herein.
Section
1.15- Owner
“Owner” shall mean and refer to the record owner (whether one or more
persons or entities) of a fee
interest in any Lot, including the
Declarant and Participating Builders but excluding
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Mortgagees or other persons or entities having such interest merely as
security for the performance
of any obligation.
Section
1.16- Participating Builder
“Participating
Builder” shall mean and refer to a person or entity that acquires a portion of Honey Creek Ridge for the purpose of improving
such portion for resale to individual Owners.
Section 1.17 - Phase or Division
Phase or Division shall mean and refer to any portion of Honey Creek
Ridge that is subject to this Declaration from time to time by Declarant by an
appropriate recording.
Section 1.18- Single Family
“Single Family” shall mean and refer to a single housekeeping unit that
includes not more than 4
adults who are legally unrelated.
Section 1.19 - Supplementary Declaration
“Supplementary Declaration” shall mean and refer to any recorded
declaration of covenants, conditions, restrictions and casements which extends
the provisions of this Declaration
to a Phase.
Section 1.20 - Tract
“Tract” shall mean and refer to any legally segmented and alienable
portion of Honey Creek Ridge created through subdivision or any other legal
process for dividing land and subjected to this Declaration, by an appropriate
recording, with the exception of Lots and dedicated rights of way.
ARTICLE 2- HONEY
CREEK RIDGE HOMEOWNERS ASSOCIATION
Section 2.1 -
Description of Association
The Association is a nonprofit corporation organized and existing under
the Laws of the State of Washington charged with the duties and vested with the powers
prescribed by law and set forth in the Governing Documents, as they may be
amended from time to tune; provided, however, that no Governing Documents
other than this Declaration shall for any reason by amended or otherwise changed
or interpreted so as to be inconsistent with this Declaration.
Section 2.2 -
Association Board
During the Development Period the Declarant shall manage the
Association and shall have all the powers of the Board set forth herein. The
Declarant may, from time to time,
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select a temporary board of not fewer than 3 persons who need not be
Owners to manage the Association during the Development Period. The temporary board shall
have the 11th authority to manage the Association under the Governing Documents
and shall be subject to all provisions of the Governing Documents; provided
that, after selecting a temporary board, Declarant may at any time terminate
the temporary board and reassume its management authority under this Section
2.2 or select a new temporary board. Upon termination of the Development
Period, the terms of the temporary Board selected by the Declarant, if any,
shall terminate and the Board shall manage the Association as provided herein.
The Board shall be elected from among the Owners, as provided in the Bylaws of
the Association. The Board shall elect officers of the Association from among
the Board members, which shall include a president who shall preside over
meetings of the Board and
meetings of the Association.
Section 2.3- Votes Appurtenant to Lots
Every Owner shall be a member of the Association and shall be entitled
to cast one vote in the Association for each Lot
owned. A vote shall be appurtenant to and held and owned in the same manner as
the beneficial fee interest in the Lot
to which it relates. A vote shall not be separated from ownership of the Lot to
which it relates; provided, however,
that when more than one entity holds the beneficial fee interest in any Lot,
the vote therefore shall be cast as the Owners among themselves determine, but
in no event shall more than one vote be cast with respect to any Lot; and if
the several Owners of a Lot are unable to agree
as to the casting of their vote, such vote shall not be counted. If a Lot is
further subdivided as provided in Section 5.1 hereof, the Owner of each
additional Lot created shall be entitled to one vote in the Association for
each Lot owned.
Section
2.4- Initial Number of Votes; Additional Phases or Divisions
From the
commencement of the existence of the Association, there shall be a total of 34
outstanding votes in the Association. During the Development Period, the
Declarant shall be entitled to cast 34 votes, less one vote for each Lot then owned by an Owner other than Declarant. Upon
the addition of additional Phases to Honey Creek Ridge during the Development Period as provided in Section 9.1
hereof, the number of votes in the Association shall be adjusted to reflect the
increased number of Lots, and Declarant shall be entitled to cast all
such votes, less one for each such Lot owned by an Owner other than the
Declarant.
Section 2.5 - Owner’s Compliance with Governing Documents
By acceptance of a deed to a Lot, (recording of a real estate contract
conveying title to a Lot), or any other means of acquisition of an ownership
interest, the Owner thereof covenants and agrees, on behalf of himself and his
heirs, successors, and assigns, to observe and comply with all terms of the Governing Documents and all rules
and regulations duly promulgated pursuant to Association Action.
Section 2.6 - Rules and Regulations
The Board on behalf of the Association shall have the power to adopt,
modify, and amend rules and
regulations governing the use of Honey Creek Ridge, provided that such rules
and regulations shall not be inconsistent
with this Declaration. The rules and regulations shall apply
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uniformly to all Owners, except as specifically provided herein. The
Board shall have the power to enforce the rules and regulations on behalf of
the Association and may prescribe penalties for the violation of ‘such rules and
regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof.
Any such rules and regulations shall become effective 30 days after
promulgation and shall be mailed to all Owners prior to their effective date. A
copy of the rules and regulations then in force shall be retained by the
secretary of the Association. The Declarant on behalf of the Board may adopt
the initial rules and regulations.
Section 2.7 - Architectural Control Committee
Within thirty (30)
days of the execution of this Declaration, Declarant shall appoint an
Architectural Control Committee of three (3) or more persons. The members of
the Committee need not be members of the
Association. One member of the Committee shall be appointed for a term
of one (I) year, one member shall be appointed for a term of two (2) years, and
the third member shall be appointed for a
term of three (3) years. Thereafter, members of the Committee shall be
appointed for three-year terms. After termination of the Development Period,
the Board shall appoint members to the Committee, who need not be
members of the Association, as vacancies occur.
Section 2.7.1 - Jurisdiction and Purpose
The Committee shall review proposed plans and specifications for
construction of all residences and other structures within Honey Creek Ridge,
and including any additions, exterior alterations, landscaping, clearing, painting and
excavation. The Owner shall submit architectural and landscaping plans and specifications to the Committee for its review,
together with a site plan for the Lot,
including location and type of fencing.
Section 2.7.2 - Approval Procedures
An application for approval must be submitted in writing by the Owner
to the Committee at the registered office of the Association. The Committee
shall review the application in accordance with the provisions of this Section
2.7 as soon as possible after a complete application has been filed. The decision of a majority of the
members of the Committee shall be the decision of the Committee. One copy of approved plans will remain in the Committee’s
files. All disapproved plans will be returned to the Owner.
Section 2.7.3 - Failure of Committee to Take Action
Except as provided in Section 2.7.5 below, in the event that the
Committee fails to respond to an Owner’s complete and properly submitted application within twenty
(20) days after the Committee has notified
the Owner that the application is complete, formal written approval will not
be required, and the provisions for approval shall be deemed to have been fully
complied with, provided that the minimum requirements as set forth herein have
been met.
Section 2.7.4 - Committee’s Obligation
The Committee, in its deliberations and in the discharge of
its obligations hereunder, shall act objectively and fairly in making decisions
concerning various plans, specifications, plot plans and landscape plans submitted to it by various Owners for consideration
in accordance with the
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provisions of this Declaration. Further, the determinations of the
Committee as to noncompliance shall
be in writing, signed by the Committee, and shall set forth in reasonable
detail the reason for noncompliance. The Committee may approve, approve with conditions,
or disapprove an application or any part thereof. In all cases, the ultimate
responsibility for satisfying all local building codes and governmental
requirements rests with the Owner. The Committee shall be held harmless from
building requirements not complied with.
Section 2.7.5 - Exemptions and Variances from Committee
Requirements
The Committee may,
upon application, grant exemptions and variances from the rules and procedures of the Committee and the requirements
of this Declaration when the party requesting such exemption or variance
establishes to the satisfaction of the Committee that the improvement or
other matters which are desired by the applicant are aesthetically as
appealing, suited to climatic conditions, and compatible with the overall
character of the development as are similar improvements
or matters which conform to the requirements of this Declaration. Requests for
an exemption or variance shall be submitted in writing to the Committee
and shall contain such information as the Committee shall from time to time
require. The Committee shall consider applications
for exemption or variance and shall render its decisions within thirty (30)
days after notice to the Owner of proper submission. The failure of the
Committee to approve an application for an exemption or variance shall
constitute disapproval of such application.
Section 2.7.6 - Failure of Owner to Comply
Failure of the Owner to comply with the rules and procedures of the Committee or the final application as approved by the Committee shall, at the
election of the Association’s Board exercised after thirty (30) days written
notice to such Owner, constitute a violation of this Declaration. In that event, the Board shall be empowered to assess a
penalty commensurate with the violation which shall constitute a lien against
such Lot, enforceable as provided
herein and/or pursue any other remedy at law including, but not limited
to an action for specific performance.
ARTICLE 3-
ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS
Section
3.1 - Owner’s Covenants to Pay Assessments
By acquisition of
any ownership interest in a Lot, the
Owner thereof covenants and agrees thereby,
on behalf of himself and his hefts, successors, and assigns, to pay the
Association, in advance, all general and specific assessments levied as
provided herein.
Section 3.2 - Association Budget
The Association
shall prepare, or cause the preparation of, an operating budget for the
Association at least annually, in accordance with generally accepted accounting
principles. The operating budget shall set forth all sums required by the
Association, as estimated by the Association,
to meet its annual costs and expenses, including but not limited to all
management and administration costs, operating and maintenance expenses
of the Common Areas, and services furnished
to or in connection with the Common Areas, including the amount of all taxes and
assessments levied against, and the cost of liability and other insurance on,
the Common
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Areas, and
including charges for any services furnished by or to the Association; the cost
of utilities and other services; and the cost of funding all reserves
established by the Association. The funds required to meet the Association’s
annual expenses shall be raised from a general assessment against each Owner as provided hereafter. The Association
may revise the operating budget after its preparation at any time and from time
to time, as it deems necessary or advisable in order to take into
account and defray additional costs and expenses of the Association.
Section 3.3 - Levy of General Assessment
In order to meet the costs and expenses projected in its operating
budget, the Association shall by Association Action determine and levy in advance on every Owner a
general assessment. The amount of each Owner’s general assessment shall be the
amount of the Association’s operating budget
divided by the sum of the number of Lots. The Association shall make reasonable
efforts to determine the amount of the general assessment payable by
each Owner for an assessment period at
least 30 days in advance of the beginning of such period and shall at that time
prepare a roster of the Owners and the general assessment allocated to
each, which shall be open to inspection by any Owner upon reasonable notice to
the Association. Notice of the general assessment shall thereupon be sent to
each Owner; provided, however, that notification to an Owner of the amount of
an assessment shall not be necessary to the validity thereof. The omission by the Association, before the
expiration of any assessment period, to fix the amount of the general
assessment hereunder for that or the next period, shall not be deemed a waiver
or modification in any respect of the provisions of this Article or a release
by any Owner from the obligation to pay the general assessment, or any
installment thereof, for that or any subsequent assessment period, but the
general assessment fixed for the preceding period shall continue until a new
assessment is fixed. Upon any revision by the Association of the operating
budget during the assessment period for which such budget was prepared, the
Association shall, if necessary, revise the general assessment levied against the
Owners and give notice to each Owner.
Section 3.4 — Payment of General Assessment
Upon Association
Action, installments of general assessments may be collected on a monthly, quarterly, semiannual, or annual basis. Any Owner
may prepay one or more installments on any assessment levied by the
Association without penalty.
Section 3.5 - Nondiscriminatory Assessment
Except as provided
Section 5.15 hereof, no assessment shall be made at any time which may
unreasonably discriminate against any particular Owner or group of Owners in
favor of other Owners. However, a special
assessment may be made against a particular Owner by a two-thirds majority vote
of the Board if after notice from the Association of failure to maintain such
Lot in a condition comparable to the other Lots has been given, the
Association elects to expend funds to bring such Owner’s Lot up to such comparable
standard.
Section 3.6 -
Commencement of Assessments
Liability of an Owner for assessments
shall commence on the first day of the month following the date upon which
any instrument of transfer to such Owner becomes operative (such as the date of
a deed or the date of a recorded real estate contract for the sale of any Lot
or, if earlier,
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the first day of
the calendar month following Owner’s occupancy of such Lot); provided, however, that a Participating Builder shall not
be liable for any assessments with respect to a Lot acquired from Declarant for
a period of one year from the date of acquisition. The Declarant, its successors
and assigns, shall not be liable for any assessments with respect to any Lot
unless such Lot is occupied. The
Association may in its rules and regulations provide for an administratively
convenient date for commencement of assessments that is not more than 90 days
after the effective date established above. The due dates of any special
assessment payments shall be fixed by the Association Action authorizing such
special assessment.
Section 3.7 - Certificates of Assessment Payment
Upon
request, the Board shall furnish written certificates certifying the extent to which assessment payments on a specified Lot are paid and current to the date stated therein,
A reasonable charge may be made by the Association for the issuance of
such certificate.
Section 3.8 -
Special Assessments
In addition to the
general assessments authorized by this Article, the Association may, by Association Action, levy a special assessment or
assessments at any time, applicable to that year only, for the purpose
of defraying, in whole or in part, the cost of any construction or
reconstruction, inordinate repair, or replacement of a capital improvement
located upon or forming a part of the
Common Areas, including necessary fixtures and personal property related thereto,
or for such other purpose as the Association may consider appropriate;
provided, however,
that any such special assessment in excess of $250 per Lot must have the prior favorable vote of two-thirds of the
Owners.
Section 3.9- Effect
of Nonpayment of Assessment
If any assessment payment is not made in full within 30 days after it
was first due and payable, the unpaid amounts shall constitute a lien against the Lot
assessed and shall bear interest from such due date at a rate set by the Board
in its rules and regulations which shall not exceed the highest rate then
permitted by law. By acceptance of a deed to a Lot, recording of a real
estate contract therefore, or any other means of acquisition of an ownership
interest, and whether or not it shall be so expressed in any such deed or other
instrument, each Owner shall be deemed to grant thereby to the Association, its
agents and employees, and to Declarant during the Development Period, the right
and power to bring all actions against such Owner personally for the collection
of such
assessments as a debt, and to enforce the liens created by this Declaration in
favor of
the Association by foreclosure of the continuing liens in the same form of
action as is then provided for the foreclosure of a mortgage on real property.
The liens provided for in
this Declaration shall be for the benefit of the Association, and the
Association shall have the power to bid at any lien foreclosure sale and to
acquire, hold, lease, mortgage, and convey the Lot
foreclosed against.
Section 3.10- Lien
to Secure Payment of Assessments
Declarant hereby creates in the Association
perpetually the power to create a lien in favor
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of the Association against each Lot, to secure to the Association the
payment to it of all assessments, interest, costs, and attorney& fees; and
Declarant hereby subjects all Lots perpetually to such power of the Association.
Such lien shall arise in accordance with the terms of this Declaration without the
necessity of any further action by the Association, and any such lien
when created, shall be a security interest in the nature of a mortgage in favor
of the Association. Such lien shall become a continuing lien in the amount
stated in the
assessment from the time of the assessment but expiring pro rata as the
assessment payments are made, and shall also be the personal obligation of the
person or entity who is the Owner of the Lot
at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to
successors in interest unless expressly assumed by them; provided, however,
that in the case of a sale or contract for the sale of any Lot which is charged with the payment of an
assessment, the person or entity who is the Owner immediately prior to the date of such sale shall be personally
liable for the mounts of the monthly installments due prior to said date, and
the new Owner shall be personally liable
for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal
obligation of an Owner to pay assessments shall not, however, affect the
validity or duration of the continuing lien for unpaid assessments against
the respective Lot.
Section 3.11 - Suspension for Nonpayment of Assessment
If an Owner shall be in arrears in the payment of any assessment due, or
shall otherwise be in default of the performance of any terms of the Governing
Documents of the Association for a period of 30 days, said Owner’s voting
rights shall without the necessity of any further action by the Association, be
suspended (except as against foreclosing secured parties) and shall remain
suspended until all payments, including interest thereon, are brought current
and any other default is remedied. No Owner is relieved of liability for assessments
by nonuse of the Common Areas or by abandonment of a Lot.
Section 3.12 - Reserves for Replacement
As a common
expense, the Association shall establish and maintain a reserve fund for replacement of the Common Areas and any
improvements thereon. Such funds shall be deposited with a banking institution.
The reserve fund shall be expended only for the purpose of effecting the
replacement of the Common Areas and any improvements and community facilities
thereon, major repairs to the Welcome Lake
dam, and to any sidewalks, parking areas, or pathways developed as a part of
Honey Creek Ridge, equipment replacement, and for operating contingencies of a
nonrecurring nature. The Association may establish such other reserves for such
other purposes as it may from time to time consider to be necessary or
appropriate. The proportional interest of
any Owner in any such reserves shall be considered an appurtenance of his
Lot and shall not be separately withdrawn, assigned, or transferred from the Lot to which it appertains.
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Section 3.13 - Certain Areas Exempt
The Tracts and all portions of Honey Creek Ridge dedicated to and
accepted by the City of Renton or other public authority shall be exempt from assessments by the
Association.
ARTICLE 4- SUBORDINATION OF LIENS
Section
4.1- Intent of Provisions
The provisions of this Article 4 apply for the benefit of each Mortgagee
who lends money for purposes
of construction or to secure the payment of the purchase price of a Lot.
Section 4.2 - Mortgagee’s Nonliability
The holder of a
Mortgage shall not, by reason of its security interest only, be liable for the payment of any assessment or charge, nor for the
observance or performance of any covenant or restriction, excepting only those
enforceable by equitable relief and not requiring the payment of money,
and except as hereafter provided.
Section 4.3 - Mortgagee’s Right, During Foreclosure
During foreclosure
of a Mortgage, including any period of redemption, the holder of the Mortgage may exercise any or all of the rights
and privileges of the Owner of the encumbered Lot,
including but not limited to the right to vote in the Association to the
exclusion of the Owner’s exercise of such rights and privileges.
Section 4.4 - Mortgagee as Owner
At such time as a Mortgagee shall become the record Owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be
subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and
charges in the same manner as any Owner.
Section 4.5 - Mortgagee’s Title Free and Clear of Liens
A Mortgagee or
other secured party acquiring title to a Lot through foreclosure, deed in lieu
of foreclosure, or equivalent method, shall
acquire title to the encumbered Lot free and clear of any lien authorized by or
arising out of the provisions of this Declaration, insofar as such lien secures
the payment of any assessment due but unpaid before the final conclusion
of any such proceeding, including the expiration date of any period of
redemption. The Association may treat any unpaid assessments against a Lot foreclosed against as an expense of the
Association pursuant to Section 3.2.
Section 4.6 - Survival of Assessment Obligation
After the
foreclosure of a security interest in a Lot,
any unpaid assessments shall continue to exist
and remain as a personal obligation of the Owner against whom die same was
levied, and the Association shall use reasonable efforts to collect the
same from such Owner.
Section 4.7 - Subordination of Assessment
Liens
The liens for assessments provided for in
this Declaration shall be subordinate to the lien of any
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first Mortgage or other security interest placed upon a Lot as a construction loan security interest or as a
purchase price security interest, and the Association will, upon demand,
execute a written subordination document to confirm such priority. The sale or transfer of
any Lot or of any interest
therein shall not affect the liens provided for in this Declaration except as
otherwise specifically provided for herein,
and in the case of a transfer of a Lot for purposes of realizing a security
interest, liens shall arise against the Lot for any assessment payments coming
due after the date of completion of foreclosure.
ARTICLE 5- USE
COVENANTS, CONDITIONS, AND RESTRICTIONS
Section 5.1 - Authorized Uses
Lots in Honey
Creek Ridge shall be used solely for residential purposes and related
facilities normally incidental to a
residential community. During the Development Period, no Lot
shall be further subdivided without Declarant’s prior written approval.
Thereafter, no Lot shall be further subdivided,
except as permitted in this Declaration and any Supplemental Declaration,
without prior approval conferred by Association Action.
Section 5.2 - Approval of Building or Clearing Plans
Required
No building, fence, deck, patio, wall, kennel, or other structure shall
be commenced, erected, or maintained
upon a Lot or any other portion of Honey Creek Ridge, nor shall any exterior additional to or change or alteration therein be
made, nor shall a Lot be cleared or excavated for use, nor shall any
tree of 12 inches or more in diameter on any Lot, measured one foot above
ground level, be cut, until after the details and written plans and
specifications showing the nature, kind, shape, height, materials, colors, and
location of the same shall have been submitted
to and approved in writing by the Architectural Control Committee. The
structure so approved must be completed as to external appearance, including
finished staining, within nine (9) months after the date construction is
commenced unless the Committee elects to grant an extension. Although the
Committee shall have full authority to approve or disapprove of any specific
proposal, the following restrictions shall apply to Honey Creek Ridge in
general:
Section 5.2.1 - Building Setbacks
No structures, filling, grading or obstruction, shall be permitted
beyond the Building Setback line or within any drainage easement area as shown
on the face of the final plat or within any Native Growth Protection Easement unless
otherwise approved by the Committee and by the City of Renton.
Section 5.2.2 - Building Materials
Each home
constructed on a Lot shall be built of
new materials except, with approval of the Architectural
Control Committee, decorative items such as used brick, weathered planking, and
similar items. All visible masonry shall be native stone, brick or
stucco. Aluminum or “T-11l” siding and aluminum window frames are not
permitted. Vinyl windows and LP siding may be approved
by the committee Types and colors of exterior paint and stain must be submitted
to the Committee for approval.
Page 12 of 22 Recording Number: 9507131262
Section 5.2.3 - Landscaping and Fencing
Front yards shall
be fully landscaped within nine (9) months after the date construction of the
home commences unless extended by the Committee. Side yards and rear yards
shall be landscaped or left in their
natural state. No trees outside the building footprint which arc greater than
twelve (12) inches in diameter when measured one foot above ground shall be cut
without the approval of the Committee. No
fence erected within Honey Creek Ridge shall be over six (6) feet in height. No
barbed wire, chain link or corrugated fiberglass fences shall be erected on any
Lot. All fences, open and
solid, are to meet the standards set by the Committee and must be approved by
the Committee prior to construction.
Section 5.2.4 - Floor Area
Only one Single Family home not to exceed two (2) stories in height
plus basement and a private garage shall be permitted on each Lot. If a home is built on a Lot,
it must include a garage for not less than two (2) cars
which is filly enclosed; the garage may be attached or detached (no carports).
The foregoing provisions shall not exclude construction of a private
greenhouse. storage unit, private swimming pool or a shelter or porch 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, is compatible in design
and decoration with the residence constructed on such Lot and has been approved
by the Architectural Control Committee. The minimum allowable square footage of
any residence within Honey Creek Ridge shall be as follows: Rambler homes shall
include no less than 2,100 square feet of living space. Two story homes shall
include no less than 2,500 square feet of living space. “Living space” shall
not include porches, decks, balconies, garages, or outbuildings. The Architectural Control Committee may accept
variances from the floor area requirements of this Subsection.
Section 5.2.5 - Contractor
No home may be constructed on any Lot by other than a contractor
licensed as a general contractor under the statutes of the State of Washington without the prior approval of the Architectural Control committee.
Section 5.2.6 - Driveways
All driveways and parking areas shall be paved with exposed aggregate
concrete or other material
approved by the Architectural Control Committee.
Section 5.3 - Leasing Restrictions
No Lot may be leased or rented by any party for a period of fewer than
30 days, nor shall less than
the whole of any Lot be leased or
rented. Each lease or rental agreement shall be in writing and shall by its
terms provide that it is subject in all respects to the provisions of the
Governing Documents. Any failure by a lessee to comply with the terms of the
Governing Documents shall be a default
under the lease, whether or not it is so expressed therein. Other than
the foregoing. there is no restriction on the right of any Owner to lease his Lot.
Page 13 of 22 Recording Number: 9507131262
Section 5.4 - Animals
No animals, livestock or poultry of any kind shall be raised, bred, or
kept on Lots less than one acre
in size; provided, however, that dogs, cats, or other conventional small
household pets may be kept if they are not kept, bred, or maintained for any
commercial purposes. No domestic pet may be kept if it is a source of annoyance
or a nuisance. The Association shall
have the authority to determine whether a particular pet is a nuisance
or a source of annoyance, and
such determination shall be final and conclusive. Pets shall be attended at all
times and shall be registered, licensed, and inoculated from time to time as
required by law. When not confined to the Owner’s Lot,
pets within Honey Creek Ridge must be leashed and accompanied by a person
responsible for cleaning up any animal waste.
Section 5.5 - Commercial Uses
No commercial enterprise, including itinerant vendors, shall be
permitted on any Lot; provided. however, that the Association may permit
specified home occupations to be conducted if such occupation will not, in the
reasonable judgment of the Association, cause traffic congestion or other
disruption of the Honey Creek Ridge community; and provided further that no
signs or advertising devices of any character shall be permitted.
Section 5.6 - Vehicle Storage
No storage of
goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or
other equipment or device shall be permitted in open view from any Lot, except
this shall not exclude temporary (less than 24 hours) parking of vehicles on
the designated driveway areas adjacent to
garages on the Lots. Upon 48 hours notice to the owner of an improperly parked
or stored vehicle, boat, or other equipment, the Association has
authority to have removed at the Owner’s
expense any such items visible from the street that are parked on any Lot or
within the public right-of-way for more than 24 hours.
Section 5.7 - Garbage
No garbage, refuse, or rubbish shall be deposited or left in Honey
Creek Ridge, unless placed in a suitable covered container. Trash and garbage
containers shall not be permitted to remain in public view except on days of
trash collection. No incinerator shall be kept or maintained, and no burning of any trash, refuse, or
scrap of any kind shall be permitted.
Section 5.8 - Utilities Underground
Except for hoses and the like which are reasonably necessary in
connection with normal lawn maintenance,
no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line
shall be installed or maintained above the surface of the ground.
Section 5.9- Mining Prohibited
No portion of Honey Creek Ridge shall be used for the purpose of
boring, mining, quarrying, or
exploring for or removing oil or other hydrocarbons, minerals, gravel, or
earth.
Page 14 of 22 Recording Number: 9507131262
Section
5.10- Signs
Except for entrance, street,
directional, traffic control, and safety signs, and such promotional signs as may be maintained by Declarant
and participating Builders, or agents or contractors thereof, or the Association, no signs or advertising devices of any
character shall be posted or displayed in Honey Creek Ridge; provided,
however, that one temporary real estate sign not exceeding 6 square feet in area may be erected upon any Lot or attached to any residence placed upon the market for sale or lease. Any such temporary real
estate sign shall be removed promptly following the sale or rental of such Lot or residence. Political signs shall be allowed provided
they are removed immediately after the election for which they were intended.
Section 5.11 - No Obstruction of Easements
No structure,
planting, or other material shall be placed or permitted to remain upon Honey
Creek Ridge which may damage or interfere with any easement or the installation
or maintenance of utilities, or which may unreasonably change, obstruct, or
retard direction or flow of any drainage channels. No decorative planting,
structure or fence may be maintained within
an easement area unless specifically approved by the Architectural Control
Committee.
Section
5.12- Antennae
No external
short-wave or citizens’ band antennae, freestanding antenna towers, or
satellite reception dishes of any kind shall be permitted in Honey Creek Ridge.
All television and/or FM radio antennae
must be physically attached to a structure and must comply with applicable governmental
standards and guidelines and any Association rules and regulations.
Section 5.13 - Owners’ Maintenance Responsibilities
The maintenance,
upkeep, and repair of individual Lots and homes shall be the sole
responsibility of the individual Owners thereof, and in no way shall it be the
responsibility of the Association, its
agents, officers or directors. Owners shall maintain their Lots and homes in
good repair and in a clean, sightly, and sanitary condition at all times.
Without limitation as to the foregoing, each Owner shall be obligated to
keep his Lot and home in a clean, sightly and sanitary
condition and maintain the landscaping on his Lot
in a healthy and attractive state and in a manner comparable to that on
the other Lots in Honey Creek Ridge. No storage of firewood shall be permitted
in front yards. After thirty (30) days’ written notice to an Owner from the Association
of such Owner’s failure to so maintain his home or Lot, and after approval of a
two-thirds majority vote by the Board or other Association committee to which
such oversight responsibility shall have been delegated, the Association shall
have the right, through its agents and employees, to enter upon any Lot which
has been found to violate the foregoing standards in order to restore the home
or Lot to such standards. The cost of such work shall be a special assessment
on such Owner and his Lot only.
Section 5.14 - Nuisances Prohibited
No noxious or
offensive activity shall be conducted in any portion of Honey Creek Ridge, nor shall anything be done or maintained therein in
derogation or violation of the laws of the State of Washington, King County,
or any other applicable governmental entity.
Page 15 of 22 Recording Number: 9507131262
Nothing shall be
done or maintained on any portion of Honey Creek Ridge which may be or become
an annoyance or nuisance to the neighborhood or detract from the value of the
Honey Creek Ridge community. The Association shall determine by Association
Action whether any given use of a Lot or living unit unreasonably interferes with the
rights of the other Owners to the use and enjoyment of their respective
Lots and Living Units, or of the Common Areas, and such determination shall be
final and conclusive.
Section
5.15- Relief from Certain provisions
In cases where an Owner has made a factual showing that strict application
of the provisions of Sections 5.4, 5.5,
5.6, 5.10, and 5.12 only of this Article (regulating animals, commercial uses, vehicle storage, signs and antennae,
respectively) would work a severe hardship upon him, the Board by Association
Action may grant the Owner relief front any of such provisions; provided,
however, that such relief shall be limited &y its scope or by conditions to
only that necessary to relieve the hardship; and provided further, that no such
relief shall be granted if the condition thereby created would in the
reasonable judgment of the Board violate the provisions of Section 5.14 of this
Article. The decision of the Board in granting or denying such relief shall be
final and conclusive.
ARTICLE 6- COMMON AREAS
Section
6.1- Maintenance of Common Areas
The Association
shall maintain, repair, replace, improve, and otherwise manage all of the
Common Areas so as to keep them in good repair and condition and shall conduct
such additional maintenance, repair, replacement, construction, or
reconstruction as may be determined pursuant to Association Action to promote
the recreation, health, safety, and welfare
of the Owners. Any action necessary or appropriate to the maintenance and
upkeep of the Common Areas and improvements thereon.
ARTICLE 7- INSURANCE:
C4SUALTYLOSSES; CONDEMNATION
Section 7.1 - Insurance Coverage
The Association shall obtain and maintain at all times as an
Association expense a policy or policies and bonds written by companies
licensed to do business in Washington required to provide:
Section 7.1.1 -
General comprehensive liability insurance
General comprehensive liability insurance insuring the Association, the
Owners, and Declarant against
any liability to the public or to the Owners and their guests, invitees,
licensees, or tenants, incident to the ownership or use of the Common Areas.
Page 16 of 22 Recording Number: 9507131262
Section 7.1.2 - Other
Insurance
Such other insurance as the Association
deems advisable
ARTICLE 8-ENFORCEMENT
Section 8.1 - Right to Enforce
The Association, Declarant, or any Owner, shall have the right to
enforce, by any appropriate proceeding
at law or in equity, all covenants, conditions, restrictions, reservations,
liens, and charges now or hereafter imposed
by the provisions of this Declaration. Failure or forbearance by any
person or entity so entitled to enforce the provisions of this Declaration to
pursue enforcement shall in no event be deemed a waiver of the right to do so
thereafter.
Section 8.2 - Remedies Cumulative
Remedies provided by this Declaration are in addition to, cumulative
with, and are not in lieu of, other
remedies provided by law. There shall be, and there is hereby created, a
conclusive presumption that any breach or attempted breach of the covenants,
conditions, and restrictions herein cannot
be adequately remedies by an action at law or exclusively by recovery of
damages.
Section 8.3 - Covenants Running with the Land
The covenants, conditions, restrictions, liens, easements, enjoyment
rights, and other provisions contained herein are intended to and shall run
with the land and shall be binding upon all persons purchasing, leasing,
subleasing, or otherwise occupying any portion of Honey Creek Ridge, their heirs, executors, administrators,
successors, grantees, and assigns. All instruments granting or conveying any
interest in any Lot shall be subject
to this Declaration.
ARTICLE 9 - AMENDMENT AND
REVOCA TION
Section 9.1 - Amendment by Declarant or Association
Declarant may, on its sole signature, during the Development Period,
amend this Declaration and record
one or more Supplementary Declarations to extend the provisions of this
Declaration to additional Phases which consist of adjacent real property owned
by Declarant, its successors or assigns. Upon the recording of a Supplementary
Declaration, the Governing Documents shall immediately
become applicable to the real property described therein. This Declaration may
also be amended at any time by an instrument executed by the Association
for and on behalf of the Owners, provided, however, that such amendments shall
have received the prior approval of a vote of the Owners having 60 percent of
the total outstanding votes in the Association; and provided, further, that no such amendment shall be valid during the
Development Period without the prior written consent of the Declarant. Notwithstanding any of the foregoing, the
prior written approval of 5l percent of all Mortgagees who have requested from
the Association notification of amendments shall be required for any material
amendment to the Declaration or the Association’s Bylaws of any of the
following: voting rights; assessments, assessment liens, and subordination of
such liens; reserves for maintenance, repair, and replacement of Common
Page 17 of 22
Recording Number:
9507131262
Areas; insurance
or fidelity bonds; responsibility for maintenance and repair; reallocation of
interest in the
Common Areas, or rights to their use;
convertibility of Lots into Common Areas or of Common Areas into Lots; leasing
of Lots other than as set forth herein; imposition of any restrictions on the
right of an Owner to sell or transfer his Lot; a decision by the Association to
establish self-management when professional management had been required
previously by an eligible Mortgagee; any action to terminate the legal status
of’ the Honey Creek Ridge Homeowners
Association after substantial destruction or condemnation occurs; or any
provisions which are for the express benefit of Mortgagees or eligible
insurers or guarantors of First Mortgages.
Section 9.2 - Effective Date
Amendments shall take effect only upon recording with the King County
Department of Records and
Elections or any successor recording office.
ARTICLE 10- GENERAL
PROVISIONS
Section 10.1 - Taxes • Each Owner shall pay without abatement, deduction,
or offset, all real and personal property taxes, general and special
assessments, including local improvement assessments, and other charges of every description levied on or
assessed against his Lot, or personal property located on or in the Lot.
Section 10.2 -
Transfer of Certain Utilities
Utility Repair
Easement. Declarant, and the Association after the Development Period, may
transfer and convey any sewer, water, storm drainage, or other general utility
in Honey Creek Ridge to a public body for
ownership and maintenance, together with any necessary easements relating
thereto, and each Lot shall become
burdened and benefited thereby.
Section 10.3 - Non-Waiver
No waiver of any breach of this Declaration shall constitute a waiver
of any other breach, whether
of the same or any other covenant, condition, or restriction.
Section 10.4- Attorneys’ Fees
In the event of a suit or action to enforce any provision of this
Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful
party in such suit or action shall pay to the prevailing party all costs and expenses, including tide
reports, and all attorney’s fees that the prevailing party has incurred in
connection with the suit or action, in such amounts as the court may deem to be
reasonable therein, and also including all costs, expenses, and attorneys’ fees incurred in connection with any appeal from
the decision of a trial court or any intermediate appellate court.
Section
10.5- No Abandonment of Obligation
No Owner, through his non-use of any Common Area, or by abandonment of
his Lot, may avoid or diminish the burdens or obligations imposed
by this Declaration
Page 18 of 22
Recording Number
9507131262
.
Section
10.6 - Interpretation
The captions of
the various articles, sections and paragraphs of this Declaration are for
convenience of use
and reference only and do not define, limit, augment. or describe the scope,
content or intent of this Declaration or any parts of this
Declaration.
Section 10.7 - Severability Invalidation of any one of these covenants,
conditions, restrictions, easements, or provisions by judgment or court
order shall in no way affect any other of the same, all of which shall remain
in full force and effect.
Section
10.8- Notices
All notices,
demands, or other communications (‘Notices”) permitted or required to be given
by this Declaration shall be in writing and, if mailed postage prepaid by
certified or registered mail, return receipt requested, shall be deemed given
three days after the date of mailing thereof, or on the date of actual receipt,
if sooner otherwise, Notices shall be deemed given on the date of actual
receipt. Notice to any Owner may be given at any Lot owned by such Owner;
provided, however, that an Owner may from time to time by Notice to the
Association designate such other place or places or individuals for the receipt
of future Notices. If there is more- than one Owner of a Lot,
Notice to any one such Owner shall be sufficient. The address of Declarant and
of the Association shall be given to each Owner at or before the time he
becomes an Owner. If the address of Declarant or the Association shall be
changed, Notice shall be given to all Owners.
Section 10.9 -
Applicable Law
This Declaration shall be construed in all
respects under the laws of the State of Washington.
In witness whereof the undersigned declarant has executed this
declaration the day and year
first above written.
STATE OF WASHINGTON
COUNTY OF KING )
On this 13 day of
July .. 1995 before me, the undersigned, a
Notary Public in
and for the State Was on, duly commissioned and sworn, personally appeared
Wm. Wayne Jones,
Jr., to me known to be President of LAKERIDGE
DEVELOPMENT, INC.,
the corporation that executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he was authorized to execute the said instrument.
Page 19 of 22
Recording Number: 9507131262
WITNESS MY HAND AND
OFFICIAL SEAL hereto affixed the day and year first
above written.
This is a reproduction
EXHIBIT “A” HONEY CREEK RIDGE
Lots 1/- 34 of Honey Creek Ridge, Division I and subsequent divisions as
they are recorded
•I.
Exhibit B - Common Areas
HONEY CREEK RIDGE
-At the time of the recording of this document, the common areas are as follows:
1. Tract “A” storm water detention I retention pond and associated landscaping
2. Tract “B” storm water detention I retention pond and associated landscaping
3. Street trees, planter strips, entry
landscaping and their associated irrigation systems.
4. Street lighting system.
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