(Revised document posted Oct 20, 2006)
AMENDED
DECLARATION OF
COVENANTS, CONDITIONS
AND RESTRICTIONS OF
RECORD
OF
SUNLAND DEVELOPMENT
ARTICLE I
Authority and
Purpose
WHEREAS, the SunLand Development has developed over a
period of years through adoption and recording of various
plats, short plats, planned unit developments, and condominium
declarations; and
WHEREAS, the Covenants, Conditions and Restrictions
(CC&R's) have been uniformly adopted throughout the SunLand
Development on the 29th of June,1993, and
WHEREAS, since 1994 the State of Washington revised its
laws regulating and controlling homeowner organizations, and
WHEREAS the SunLand development is indeed subject to these
revisions and additions, as a duly incorporated homeowners
association in the state of Washington and
WHEREAS the following set of CC&R's were approved in their
entirety by a 2/3 majority of a quorum of the membership at
the annual meeting held in September, 2006.
Now, therefore, the following Covenants, Conditions,
Reservations, Easements and Restrictions are hereby
established and approved with respect to all lots, units, and
real property interests. Said properties are more particularly
described in Exhibit A attached hereto.
These Covenants amend and supersede in their entirety those
Covenants, Conditions, Restrictions, Easements and
Reservations previously adopted as affecting the properties
which are subject hereto; provided, however, the unit owners
in Div. Nos. 7, 11, 15, 16 and 17 shall continue to also be
subject to their respective Condominium and/or P.U.D.
Declarations governing the relationships, rights and
responsibilities of those unit owners among themselves and the
common areas contained solely within those divisions.
These Covenants, Conditions, Restrictions, Easements and
Reservations shall run with the land and shall be binding upon
the owners of each lot, unit or other real property interest,
their heirs, successors and assigns.
ARTICLE II
Definitions
Section 1. "Association" shall mean SunLand Owners
Association, a Washington corporation, organized pursuant to
the Washington Non-Profit Corporation Act (RCW 24.03) and
better known and referred to throughout these documents as
"SLOA."
Section 2. "Assessments" shall be charges levied and
collected by SLOA to cover costs incurred while protecting and
maintaining the health, tranquility, and welfare of the
community. Such costs include but are not limited to
installation or acquisition of capital improvements;
professional services necessary to maintain the overall
welfare of the community; construction and maintenance or
acquisition of' common areas and facilities and provision of
and operation and maintenance thereof.
Section 3. "Dues" shall be charges collected by SLOA
to aid in the administration of SLOA, and the operation and
maintenance of its properties, services, common areas, and
those amenities which are open to the membership, to be used
as a benefit of such membership. Payment of dues and rights
secured thereby is not meant to include membership in SunLand
Golf and Country Club or its facilities.
Section 4. "Fees shall be charges collected by SLOA
for use of any recreational or other SLOA-owned or
SLOA-operated facility or amenity.
Section 5. "Common areas" shall mean all property,
facilities and amenities owned or operated by SLOA for the
use, benefit and enjoyment of owners. The common areas shall
include those as shown on any final recorded plat accepted and
incorporated into the SunLand Development and shall include,
but not limited to swimming pools, parks, playgrounds, beach
areas, tennis courts, community clubs, open areas, greenbelts
and other areas which are open to use by any member of SLOA,
his or her family, or guests. The SunLand golf course shall
not be deemed a common area.
Section 6. "Lot" shall mean any plot of land shown upon
any recorded and approved SunLand subdivision map of
properties with the exception of common areas.
Section 7. "Owner" shall mean and refer to every person
or entity who is record owner of a fee or undivided fee
interest or purchaser under conditional sales contract of any
lot, condominium unit or Planned Unit Development (P.U.D.)
unit, which is a part of the recorded and approved subdivision
maps of the SunLand Development. The foregoing is not intended
to include those having such interest merely as security for
performance of an obligation.
Section 8. "Approved subdivision map" shall mean those
plats, condominiums or P.U.D. subdivisions, and more
particularly described in Exhibit A attached hereto, and
incorporated herein by this reference, together with any
future plat, condominium, P.U.D., or other property which is
filed with the Clallam County Auditor as final, and approved
and accepted as part of the SunLand Development.
Section 9. "Property" or "properties" shall refer to
the owner's lot or lots or condominium or P.U.D. unit or units
as contained within any final plat, condominium or P.U.D.
subdivision approved as part of the SunLand Development.
Section 10. "Public Services" shall refer to those
services normally rendered for peace, health, safety, welfare
and protection of persons residing within the SunLand
Development, including, but not necessarily limited to police,
fire protection, emergency services, roads, street lighting,
cleanup, and sanitation.
Section 11. "Unit" is a condominium unit, Planned
Unit Development (P.U.D.) unit or other real property
ownership interest recognized by Washington law and part of a
recorded subdivision map approved for incorporation into the
SunLand Development.
Section 12. "Utilities" refers to sewage disposal,
garbage disposal, storm drainage, telephone, gas, electricity,
TV cable, and other similar services; and the furnishing of
potable water for domestic and related use to lots and units
within platted subdivisions.
Section 13. "SunLand Development" shall mean all
plats, subdivisions, condominium, Planned Unit Developments
and lots approved and accepted as part of SunLand and subject
to and benefited by the terms of these Covenants and the
dedications contained within the various plats.
Section 14. "Water and Sewer District" is a
municipal corporation formed to provide water and sewage
service to SunLand Development.
Section 15. "Board of Directors" shall refer to the
body of persons elected by the membership and whose duties and
responsibilities are to carry out, on a day-to-day basis, the
requirements of the Covenants, Bylaws, and Rules and
Regulations.
Section 16. "Fixtures" shall mean certain
non-structural outdoor additions, normally under the
jurisdiction of SLOA, to the home or lot, such as lighting,
fences, signs and propane tanks.
ARTICLE III
Members Rights and
Obligations
Section 1. Owners' Easements of Enjoyment. Every
owner shall have the right and easement of enjoyment and use
of all common areas and such right shall pass with the title
to every lot or unit, subject to the following provisions:
(A) Right of Participation. The right to share or
participate in any of the property, assets, privileges, or
facilities of the Association shall be extended to all
members and to the spouse and children of any member and may
be extended to guests under such rules and regulations as
SLOA may prescribe.
(B) Fees. SLOA shall have the right to charge
reasonable fees, dues and assessments in conjunction with
its operations for use, maintenance, and operation of its
facilities and the common areas and as otherwise necessary
to carry out its functions.
(C) Penalties. Fees, dues or assessments unpaid by
any member can result in suspension of a member's voting
rights as well as right to use of the common areas and
SLOA-owned facilities.
(D) Liens. Delinquent dues, fees or assessments
may become a lien against the owner's lot or unit as
described in Article VIII.
Section 2. Conformance to Plat. All structures
erected on any lot or area within any platted subdivision
shall conform to the final plat as recorded in the Office of
Auditor of Clallam County, State of Washington, insofar as
type of structure and intended use be concerned. Areas within
said plat have been laid out for specific use. Non-conforming
use shall not be permitted within any such area without prior
approval of SLOA or its designated committee.
Section 3. Easements. Easements and rights-of -way
continue to be expressly reserved for creation, construction,
and maintenance of utilities, such as gas, water, telephone,
electricity, sewers, storm drains, TV cable, public,
quasi-public or private, as well as for any public,
quasi-public or private utility or function deemed necessary
or expedient for public health, safety and welfare. Such
easements or rights-of-way shall be confined to five (5) feet
along rear and side of every lot and fifteen (15) feet along
the street upon which the lot fronts.
Section 4. Animals. No husbandry of either animals
or fowl shall be conducted or maintained in the SunLand
Development. House pets shall be allowed, provided they do not
become a nuisance to others. No breeding of animals shall be
allowed.
Section 5. Signs. No signs of any kind shall be
exhibited in any way on or about any residential lot or unit,
any common area, or near the entrances to the SunLand
Development except one professionally made sign, no larger
than 18" by 24", that is (A) advertising said property for
sale or rent, or (B) a contractor sign during process of
construction or landscaping. Upon completion of work,
contractor shall remove said sign. Exceptions to the above
limitations may be authorized by the Board for signs of
general interest. Such signs may be, but not limited to, signs
with regard to meetings, swimming pool notices, and
directional signs.
Section 6. Vehicle Parking. Parking of all vehicles
on Sunland development streets or common areas is subject to
the control of the Board of Directors. The Board shall publish
rules and regulations, under provisions of Article III,
Section 8, governing parking and storage of all vehicles on
Sunland development streets and common areas in order to
preserve the health and safety of homeowners as well as
maintain order and quiet enjoyment of properties within the
Sunland development. Overnight home parking in the driveway is
also limited to uncovered automobiles only. Boats, trailers,
campers, vans equipped for overnight use, motorcycles, RVs,
and motor homes shall be stored in the garage, or outside the
development such as in the Sunland Storage Yard. Vehicles
considered RV's may, however, be parked in driveways for up to
72 continuous hours as long as such parking is exclusively for
purposes of loading, unloading, or servicing.
Section 7. Architectural and Location Requirements.
All improvements and structures shall comply with the
architectural and location requirements as set forth in
Article IV.
Section 8. Authority of SunLand Owners Association.
SLOA shall have the authority to adopt such rules and
regulations as are necessary to enforce these Covenants and
for the promotion of health, safety and welfare of the owners,
residents and guests of SunLand. For violations of the above,
SLOA shall have the authority to impose such sanctions as it
may deem appropriate and to pursue such legal action as may be
considered necessary. Sanctions shall include but not be
limited to suspension of voting and/or membership rights,
including use of SLOA common areas and facilities.
ARTICLE. IV
Architectural and
Location Requirements
Section 1. General Requirements. Prior to the
clearing of any lot, approval of the Architectural Committee
must be obtained for the removal of trees.
Prior to commencement of any construction, clearing or site
work, plans and specifications for all structures and
improvements within the SunLand Development must be first
submitted to SLOA or its duly appointed Architectural
Committee for written approval as to the nature and quality of
the proposed workmanship and materials, harmony of external
design, size, orientation and location with respect to natural
surroundings and existing structures; location with respect to
topography and finish grade elevation; height; impact upon
view from neighboring properties; and conformity with the
general plan for development of SunLand with due regard to
preservation of trees. Proposed tree-removal is to be included
with all submissions.
In reviewing such plans and specifications, SLOA and the
Architectural Committee shall recognize that there can be an
infinite number of architectural concepts and ideas for
development. SLOA shall encourage the formulation of such
concepts and ideas. Nevertheless, for the protection of all
owners, SLOA and the Architectural Committee shall make
certain any improvement or structure will be consistent with
the existing architecture and harmony of the SunLand
Development. All construction must conform with County
building codes.
Section 2. Committee Make-Up and Authority. An
Architectural Committee shall be appointed by the Board of
Directors. There shall be no less than three (3) members. The
Architectural Committee will serve at the pleasure and
direction of the Board. Except as otherwise provided herein, a
majority, but not less than three (3) members, shall have the
authority to act on behalf of the committee without the
necessity of a meeting and without consulting the remaining
members of the committee.
Section 3. Architectural Requirements and Guidelines.
The Board of Directors shall approve and publish
architectural requirements and guidelines, applicable to
construction, clearing and site work within the SunLand
Development. Said publication shall include specifications, as
set forth herein. Also included will be such additional
requirements as may be necessary to create a consistence and
harmony in the community as to exterior design, size,
orientation and location with respect to natural surroundings
and existing structures; location as to topography and finish
grade elevation; height; impact upon view from neighboring
properties; and preservation of trees.
Section 4. Application and Building Plans. Plans and
specifications must accompany an application for construction
of all structures and improvements (including the addition of
fixtures to a member's house, outbuilding or property) and
must be submitted to the Architectural Committee prior to
construction for the committee's written approval. There will
be no verbal approvals or agreements. Requirements for
application and necessary accompanying documents shall be
determined by the Architectural Committee. The applicant will
be informed in writing of the decision of the committee.
The Architectural Committee shall have thirty (30) days
from the date of receipt of the completed plans,
specifications and application, to approve or reject the same.
In the event no such action be taken by the committee within
said thirty- (30) day period, then such plans and
specifications shall be deemed to have been approved by the
committee. A like requirement shall apply in the case of the
filing of revised plans and specifications, or plans which
provide for the modification, rebuilding, or revision of
existing fixtures or structures.
No deviations from the approved plans and specifications
will be accepted without prior written approval of the
committee,
Section 5. Final Approval of Completed Construction.
Upon completion of any approved construction or improvement,
the property owner shall promptly notify the Architectural
Committee in writing. The committee shall have a period of
thirty (30) days from the date of notice of completion in
which to examine and inspect the improvement for the purpose
of determining whether it complied with the plans and
specifications as approved by the Architectural Committee.
Should the committee determine that the improvement does not
comply with the plans and specifications, it shall notify the
property owner within such thirty- (30) day period. The
property owner shall, within such time as the committee shall
specify (but not less than: thirty (30) days from the date of
notice), either remove such improvement or alter the same so
that it shall comply with the plans and specifications as
approved by the committee. In the event that the committee
fails to act within said thirty- (30) day period, the
improvement shall conclusively be deemed to conform to such
plans and specifications and to have been accepted by the
committee.
Section 6. Prosecution of Work. The construction of
all structures shall be prosecuted diligently and continuously
from start of construction until exterior of structure is
completed. Exterior construction will be completed no later
than six (6) months from time approved by the Architectural
Committee. Should construction be interrupted for a period of
thirty (30) days or more, the committee may require the site
to be cleared of all debris, unsightly material and equipment.
All unused building materials shall be stored within or on any
partially completed structure or removed from site. Should
construction not be resumed within six (6) months, the
committee may require that all construction above the first
floor deck level, not under roof and enclosed be dismantled
and removed from the site. Exterior of foundation shall be
back-filled and the building site graded smooth. Noncompliance
may result in the work being done by others with the property
owner being assessed for the cost of such work. Any assessment
shall be the personal obligation of the owner and shall be a
lien against the property under Article VIII.
Section 7. Construction Standards. The following
standards shall be used by SLOA and the Architectural
Committee in approving building plans and specifications.
(A) Garages and Carports. All garages must be
attached to the dwelling and limited to a total opening
width not to exceed twenty- four (24) feet. No new carports
will be approved.
(B) Outdoor Decks and Patios. Decks and patios are
encouraged. Decks shall be required to comply with building
codes.
(C) View and Harmony.
(1) Harmony. The orientation and location on lots
within the division shall be reviewed by the Architectural
Committee to see that proposed structures are compatible
with the natural surroundings and with other residences in
the immediate area.
(2) View. Property owners shall restrict the height of
structures and improvements so that the view of adjacent
property owners is preserved to the greatest extent
reasonably practical.
(D) Lot Size and Setbacks, Residential. No more
than one single-family dwelling shall be constructed per
lot. Setbacks from front property line, the rear property
line, and side lot lines, and location of structure upon
corner lots shall be in accordance with regulations and code
requirements appertaining thereto as from time to time
promulgated by Clallam County, State of Washington. No
primary structural framing shall extend into the setback.
Eaves, decks, porches, or other architectural elements may
project no more than 2 feet into the setback. No
outbuildings shall be allowed within the setback areas.
Patios at grade level are exempt from these setback
restrictions.
(E) Minimum Dwelling Size and Maximum Height
Limitation. The minimum size of interior floor space of
all single-family units (exclusive of garages, breezeways,
patios and porches) shall be 1500 square feet. Maximum
height shall be no more than twenty-three (23) feet from the
highest finished grade to peak of the building. However, the
Architectural Committee shall have the right to restrict the
height to less than the maximum if there is a negative
effect on view and/or the aesthetic compatibility with other
buildings in the area.
(F) Modification Requirements. Any modification to
the exterior of any dwelling or other structure must be
approved by the Architectural Committee prior to start of
work.
(G) Fences. No fence, hedge or bushes shall be
erected or maintained which would unreasonably restrict or
block the view from neighboring lot or lots or shall
materially impair the harmony of the landscape of the
neighborhood. No fence may exceed six (6) feet in height.
Chain link fences must be black or dark green. No fences or
hedges shall be placed within 20 feet of the property line
bordering the golf course. Fences and hedges beyond this
boundary are limited to no more than 4 feet in height. All
fence designs and materials are subject to the approval of
the Architectural Committee.
(H) Heat Pumps. Location of heat pumps relative to
the building requires prior approval by the Architectural
Committee. The committee shall consider aesthetics as well
as minimum noise to adjoining properties in its
consideration and approval.
(I) Care and Appearance of Premises. The necessity
of maintaining the exterior of the residence and keeping
grounds of the premises in a neat, clean and attractive
manner is important to the community of SunLand. Property
owners are required to keep the grass cut, shrubbery pruned,
weeds controlled or eliminated, and debris removed. Vacant
lots shall be kept free of any material that could create a
fire hazard. Objectionable materials are not to be stored on
property, including but not limited to: building materials,
junk items, or any unattractive materials or items that
detract from the natural appearance of the grounds
(excluding neatly-stacked firewood). Property owners shall
maintain the exterior of structures and improvements on
their premises in a good state of repair and condition. SLOA
has final authority to request the property owner to correct
or remove the objectionable condition.
Items on the grounds held out for sale in a garage or
yard sale are objectionable items under this provision
unless the garage or yard sale is one of a potential two
that may be held by the home owner, with the first held
within the first 180 days of ownership and the second after
the house has been listed by the owner for sale.
SLOA shall have hand delivered, or sent by first-class
mail, to the owner of the offending property a request to
correct the problem. Such request shall contain (1) a
description of the offense, (2) the time within which the
owner must respond with either sufficient assurances that
the problem will be immediately corrected or correct the
problem, and (3) the estimated amount to be assessed to the
homeowner if SLOA must correct the condition. If problems
are not corrected, or no adequate assurance is given within
10 days after the request is sent, SLOA may have the
necessary work done and assess the property owner for the
costs. Such assessment shall be the personal obligation of
the owner and shall be a lien against the property under
Article VIII.
(J) Landscaping Requirements. The owner of a newly
completed dwelling shall be required to complete landscaping
no later than six (6) months following the beginning of the
growing season after the date of certificate of occupancy.
(K) Areas Approved and Zoned Commercial. In
addition and supplemental to the uniform general
restrictions, the erection and maintenance of commercial and
mixed commercial buildings are limited and restricted to
those sections and areas as are platted and approved by SLOA
for that purpose and zoned for that purpose.
(L) Additional Standards. SLOA may establish such
additional standards as are necessary to assure uniformity,
order, and quiet enjoyment of properties within the SunLand
Development.
ARTICLE V
SunLand Owners
Association
Section 1. Members. Every owner shall be deemed for
all purposes to be a member of SLOA. Each member shall advise
the SLOA office in writing in advance of sale of their
property, including the name of the buyer and the date of
sale. Membership shall be inseparably appurtenant to the lot
or lots, unit or units owned or being purchased by the member
and upon the transfer of ownership or making of a contract for
sale of such lot or unit, the membership appurtenant thereto
shall be deemed to be transferred to the contract purchaser or
grantee. Membership may not be conveyed or transferred in any
other way. In the event of death of a member, membership
passes in the same manner and to the same persons as does the
property itself. To the extent not inconsistent herewith,
membership shall be transferred in the manner provided in the
Articles of Incorporation and the Bylaws of the Association.
Lot or unit owners or purchasers shall have one membership
regardless of the number of lots or units owned or being
purchased, and the interest of each member shall be equal to
that of any other member, and no member may acquire any
interest which will entitle him to any greater voice, vote or
authority in the Association than any other member. The
purchaser under a contract of purchase shall be deemed to be
an owner for membership purposes. If any lot or unit is held
by two or more persons, the several owners of interest shall
be entitled, collectively, to cast one vote. The vote for any
membership owned by a single marital community shall be cast
by either spouse without presentation of authority from the
other, but if both are present, only one may vote. No member
may withdraw except upon transfer of title or contracting for
the sale of the lot or unit to which his membership is
appurtenant. No compensation shall be paid by SLOA upon
transfer of membership and no member whose membership is
transferred shall be entitled to share or participate in any
of the property or assets of the Association.
Section 1.5. Renters. Each owner shall advise the
office in writing and in advance of occupancy the name,
address, and phone number of the lessee. Rentals will be
limited to occupancy by one single family per dwelling and for
a period of not less than 60 days without approval of the
Board of Directors. Owner shall deliver a copy of Sunland
Development Rules and Regulations to lessee and shall be
responsible for the lessee's full compliance for the duration
of occupancy.
Section 2. Organization and Meetings. To the extent
consistent with these Covenants, provisions regarding
organization, authority, meetings, directors, officers, and
voting of SLOA shall be set forth in the Association's
Articles of Incorporation and Bylaws. The authority to elect
the Board of Directors is reserved to the membership.
Section 3. Powers of the Board of Directors. The Board
of Directors shall have the power to:
a. Adopt and publish rules and regulations governing the use
of the common area and facilities and the personal conduct
of the members and the guests thereon, and to establish
penalties for any infraction thereof.
b. Suspend the voting rights and rights to use of the
common areas and facilities or other rights of membership by
any member during any period in which such member shall be
in default in the payment of any dues or any financial
obligation levied by SLOA.
c. Exercise for and on behalf of SLOA all powers, duties
and authority vested in or delegated to the Board and not
specifically reserved for the membership.
d. Take such action as deemed necessary in order to
promote the health, safety and welfare of the general
membership.
e. Levy and collect such dues, fees and assessments as
necessary to properly maintain, improve and manage the
property, assets and facilities of SLOA and to otherwise
carry out its functions, provided any increase in annual
dues or proposed new assessment shall be approved by a
majority of the membership voting in person or by proxy at a
meeting called for such purpose.
f. Employ a manager, managing agent, independent
contractor, or such other employees and agents as they deem
necessary and to fix and prescribe their duties,
compensation, and other terms and conditions of employment.
g. Establish conditions for indemnity and insurance of
officers and directors.
h. Do all things necessary for the administration of the
affairs of SLOA and for the accomplishment of the best
interests of SLOA, its facilities, utilities and properties.
Section 4. Duties of the Board of Directors. It
shall be the duty of the Board of Directors to:
a. Cause to be kept a complete record of all of its acts
and corporate affairs and to present a summarized statement
thereof to the members at the annual meeting of the members,
or at any special meeting when such statement is requested
in writing by one-fourth (1/4) of the members who are
entitled to vote.
b. Supervise all officers, agents and employees of the
Association and see to it that their duties are properly
performed.
c. To provide for and supervise the care, upkeep and
surveillance of the common areas, property and facilities.
d. Procure and maintain adequate liability and hazard
insurance on property owned by the Association.
Section 5. Dues. Each member shall be required to
pay annual dues to SLOA at the time, frequency and manner and
in the amount fixed by the Board of Directors. Failure to pay
dues will result in sanctions as set forth in Article VIII.
ARTICLE VI
Assessments
Section 1. Type of Assessments. Assessments may fall
into one or more of the following classes:
(A) Capital Assessments. Assessments, the proceeds
of which are accumulated in trust over a specified period of
time, to be used in the construction of certain capital
improvements.
(B) Loan Assessments. Assessments used for the
purpose of amortizing monies borrowed for constructing,
installing, or acquiring certain improvements or for
furnishing of other services to the members.
(C) Service Assessments. (1) Assessments imposed
upon an individual member of SLOA by reason of certain
special services rendered such member, and (2) A deposit
required of any individual member now renting, or before
renting his or her property, against which SLOA may draw to
cover the costs of services rendered to such member or fines
accrued by the member or the member's tenant.
(D) Emergency Assessments. Emergency assessments
required by reason of common disaster or special necessity,
or any circumstance that may threaten the health, safety or
welfare of any part of the community.
Section 2. Purpose of Assessments. The purpose of
assessments shall be:
a. To promote the recreation, health, safety and welfare
of the members of SLOA.
b. For construction, improvement and maintenance of the
common areas and facilities.
c. For acquisition of additional common areas or
facilities.
d. For the purpose of providing public services to the
properties of SLOA and its members.
Section 3. Collection of Assessments. Unless
otherwise provided herein, assessments may be collected on a
monthly, quarterly, semi-annual or annual basis at the
direction of the Board of Directors of SLOA.
ARTICLE VII
Reserves
Section 1. Reserves for Depreciation and Obsolescence.
Wherever it is herein provided that SLOA may levy and collect
funds for any of the several enumerated purposes, such funds
may include therein a reasonable amount, as determined by the
Board of Directors, to be set aside as a reserve for
depreciation and obsolescence and for repair and replacement,
together with needed capital improvements, of any of the
services, facilities, or utilities which SLOA may provide,
furnish or cause to be furnished. To this end, separate
accounts shall be established in which funds shall be
accumulated for the aforementioned purposes. Such
accumulations shall be invested by the treasurer at the
direction of the Board of Directors. There shall be no
co-mingling of reserves with other SLOA funds or investments.
Section 2. Initiation of Reserve. Commencement date
for the payment of reserves, the amount and method and
frequency of payment, shall be as determined by the Board of
Directors of SLOA.
ARTICLE VIII
Financial
Obligations of Membership, Collection, Enforcement and Liens
Section 1. Creation of the Lien and Personal Financial
Obligations. Each owner of any lot by acceptance of a deed
or the entry into a contract of purchase therefor, whether or
not it shall be expressed in such deed or contract, is deemed
to covenant and agree to pay to SLOA any and all financial
obligations, including dues, fees and assessments, levied
against the owner or the owner's property. Such financial
obligations shall be established and collected as in the
Articles of Incorporation, Bylaws and this Declaration more
particularly provided. From and after the fixing of any
financial obligations, hereinbefore enumerated, such financial
obligations shall automatically become a lien and charge upon
the property and shall be a continuing lien upon the property
until paid. Each such charge, together with interest, costs,
and a reasonable attorney's fee, shall also be the personal
obligation of the person who was the owner in fee or contract
purchaser of such property at the time of the imposition of
the financial obligation. In the event property be transferred
subject to delinquent financial obligations, both the prior
owner and the successor in title shall be jointly and
severally liable for the payment of any such liens. Upon
request at the time of transfer, SLOA shall provide notice of
any lien rights attached to the property. Failure to provide
such notice, within thirty (30) days of request, shall result
in termination of any previously existing lien rights.
Section 2. Enforcement of Lien and Collection of
Financial Obligations. In the event any financial
obligations shall remain unpaid for a period of sixty (60)
days from its due date, the same shall bear interest at the
highest legal rate from date of delinquency until paid, and
may be collected in any manner deemed necessary, at the option
of SLOA.
Section 3. Collection Action. Collection may include
action affecting the owner s rights and privileges as a member
of SLOA, termination of right to use of common areas and
facilities, termination of public services, termination of
voting rights; or legal action to collect such personal
obligation and/or to foreclose such lien against the property.
All remedies shall be cumulative.
Section 4. Interest, Costs and Fees. In any suit or
action brought to obtain personal judgment or to foreclose the
lien herein claimed, or for collection in any other manner
whatsoever, in addition to the amount of the financial
obligations, SLOA shall be entitled to interest at the highest
legal rate on the delinquency, cost of suit, and a reasonable
attorney's fee.
ARTICLE IX
SunLand Development
The land incorporated within the following described
territory situated in Clallam County, Washington, to-wit: The
North one-half; the North one-half of the Southwest quarter,
and the Northwest quarter of the Southeast quarter, all in
Section 8, Township 30 North, Range 3 West, Willamette
Meridian, Clallam County, Washington, containing approximately
440 acres. The present Water/Sewer District boundary is
coincident with that of the SunLand Development boundary.
ARTICLE X
SunLand Development
Boundary Expansion
Section 1. The incorporation or annexation of
additional land in SunLand Development shall require the
approval of not less than 2/3 of the owners voting in person
or by proxy at any duly called meeting where a quorum is
present. Any land voted for incorporation shall be platted and
approved by Clallam County as a legal subdivision, P.U.D.,
condominium, or other approved form for the transfer and
ownership of land.
Section 2. In the process of evaluating a proposer's
request to add additional land into SunLand Development, the
SunLand Water/Sewer District, responsible for providing
service to SunLand membership, also is charged with
ascertaining that all expenses incident to upgrading capacity,
etc., be properly the responsibility of the proposer.
ARTICLE XI
Common Use Areas,
Services and Facilities
Section 1. Community Swimming Pool, Tennis Courts and
Horseshoe Courts. These facilities are maintained and
operated by SLOA for the benefit of the membership and their
guests. Operation and maintenance of these facilities shall be
paid out of the annual dues of SLOA members.
Section 2. Common Areas. Certain areas may be set
aside as public areas where members of SLOA and their invitees
may from time to time congregate or make use of such areas.
SLOA has the authority to collect from members reasonable fees
to be established from time to time for use of any common area
or facility generally used by a limited number of SLOA
members. Where the type of facility is such as to be of
interest to and for use of the general membership, SLOA may
for this purpose levy and collect dues annually for its
operation and maintenance of such facility. The amount of such
dues may be adjusted by SLOA as the need arises.
ARTICLE XII
Covenants and
Restrictions to Run With Land
Section 1. All of the covenants, restrictions,
reservations and servitudes set forth herein shall run with
the property. The grantee by accepting a deed or contract to
purchase the property accepts the same subject to these
covenants, restrictions, reservations, and servitudes and
further agrees for himself, his heirs, successors and assigns
to be bound by each such covenants, restrictions,
reservations, easements and servitudes, jointly and severally.
Section 2. Jointly and Individually Enforceable.
Each and every one of the covenants, restrictions,
reservations and servitudes contained herein shall be
considered to be independent and separate agreements. In the
event any one or more of such agreements shall for any reason
be held to be invalid or unenforceable, all remaining shall
nevertheless remain in full force and effect.
ARTICLE XIII
Rights, Remedies
and Enforcement Under This Declaration
The Association or any owner shall have the right to
enforce, by any means available, all covenants, restrictions,
reservations, easements and servitudes of this Declaration,
now and hereafter adopted. Failure by the Association or by
any owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to
do so thereafter.
ARTICLE XIV
Attorney's Fees
In any action brought by SLOA against any owner to enforce
any term, condition or covenant herein contained, or for a
declaration of rights with respect thereto, the prevailing
party shall be entitled to recover in addition to costs, a
reasonable sum fixed by the court as and for attorney's fees.
ARTICLE XV
Duration of
Declaration
Unless otherwise amended under Article XVII, this
Declaration as set forth shall continue in full force and
effect from the date of its filing until the _______ day of
__________, ________, after which time it shall be
automatically extended for successive periods of' ten (10)
years.
ARTICLE XVI
Impact on Divisions
7, 11, 15,16 and 17
The adoption of these Amended Covenants is not
intended to supersede or nullify the respective existing
Condominium and/or P.U.D. Declarations governing Divisions 7,
11, 15, 16 and 17 of the SunLand Development. These
Condominium and/or P.U.D. Declarations shall continue in full
force and effect as they relate to the rights, duties,
relationships and responsibilities of the unit owners in each
of these divisions between themselves and with respect to the
common areas set aside in each of these divisions. These
Covenants, however, shall control with respect to the rights,
duties and obligations of those unit owners and their
properties in relation to the remainder of the SunLand
Development, the common areas under the ownership and control
of the SunLand Owners Association, and their rights and
obligations as members of SLOA and owners within the SunLand
Development.
ARTICLE XVII
Amendment
This Declaration may be amended at any annual or special
meeting so called for that purpose by the approving vote of
not less than sixty-six and two thirds percent (66-2/3%) of
the owners voting in person or by proxy at said meeting.
IN WITNESS WHEREOF, the undersigned officers of SLOA hereby
attest to adoption of these Amended Covenants as set forth in
Article I above and hereunto set their hands on this _______
day of _______________, _________.
__________________________________
_________________________________
President Secretary
Attachments: Exhibit A
STATE OF WASHINGTON )
) ss.
COUNTY OF CLALLAM )
On this day personally appeared before me CHARLES S. PUTNAM
and PATTI A. UNDERWOOD, to me known to be the President and
Secretary, respectively, of SUNLAND OWNERS ASSOCIATION, a
Washington, Non-Profit Corporation, and to me known to be the
individuals described in and who executed the within and
foregoing instrument and acknowledged that they signed the
same as their free and voluntary act and deed, for the uses
and purposes therein mentioned.
Given under my hand and official seal this _______day of
_______________, 2006.
__________________________________
Notary Public for the State of Washington
Residing at Sequim
EXHIBIT A
All of Albert Balch and Jess Taylor's SunLand (presently
referred to as Division 1) according to plat thereof recorded
in Volume 5 of Plats, page 42 under Auditor's File No. 340385,
records of Clallam County, Washington.
SunLand Division No. 2 according to plat thereof recorded
in Volume 5 of Plats, page 43 under Auditor's File No. 342256,
records of Clallam County, Washington.
SunLand Division No. 4 according to plat thereof recorded
in Volume 5 of Plats, page 53, 54, 55, 56 under Auditor's File
No. 352328, except for lots 19-21, Block 9, and page 61 under
Auditor's File No. 353144, records of Clallam County,
Washington.
SunLand Division 4, Lots 19-21, Block 9, re-platted as
Parcel A and B recorded in Volume 10, Page 92 under Auditor's
File No. 591351, records of Clallam County, Washington.
SunLand Division No. 5 according to plat thereof recorded
in Volume 5 of Plats, page 57 under Auditor's File No. 352329,
except lots 44-52, Block 12, records of Clallam County,
Washington.
SunLand Division No 5, Lots 44-52, Block 12, Re-Platted as
Lots 1-6, Division 5R, recorded in Volume 11, Page 14 under
Auditor's File No. 619838, records of Clallam County,
Washington.
SunLand Division No. 6 according to plat thereof recorded
in Volume 5 of Plats, page 65 under Auditor's File No. 356593,
records of Clallam County, Washington, and all subsequent
Amendments and Additions thereto.
SunLand Division No 7 according to plat thereof recorded in
Volume 1 of Condominium Plats at Pages 3a-3b under Auditor's
File No. 428081, records of Clallam County, Washington, and
all subsequent Amendments and Additions thereto.
SunLand Division No. 8 according to plat thereof recorded
in Volume 7 of Plats at Page 64 under Auditor's File No.
429567, records of Clallam County, Washington.
SunLand Division No. 9 according to plat thereof recorded
in Volume 9 of Plats at Page 83 under Auditor's File No.
496772, records of Clallam County, Washington.
SunLand Division No. 10 according to plat thereof recorded
in Volume 9 of Plats at Pages 84-85 under Auditor's File No.
496773, records of Clallam County, Washington.
SunLand Division No. 11 according to plat thereof recorded
in Volume 9 of Plats at Pages 86-88 under Auditor's File No.
497419, records of Clallam County, Washington, and all
subsequent Amendments and Additions thereto.
SunLand Division No. 12 according to plat thereof recorded
in Volume 10 of Plats at Pages 27-29 under Auditor's File No.
513605, records of Clallam County, Washington.
SunLand Division No. 14 according to plat thereof recorded in
Volume 10 of Plats at Pages 58-60 under Auditor's File No.
548497, records of Clallam County, Washington.
SunLand Division No. 15 according to plat thereof recorded
in Volume 10 of Plats at Page 93 under Auditor's File No.
594728, records of Clallam County, Washington.
SunLand Division No. 16 according to plat thereof recorded
in Volume 11 of Plats at Pages 50-54 under Auditor's File No.
652180, records of Clallam County, Washington.
SunLand Division No. 17, Present and Future Phases, as
described in Tract 1 of survey recorded in Volume 11 of
Surveys, Page 12 under Auditor' File No. 570135, except that
portion conveyed to SunLand Golf and Country Club under
Clallam County Recording No. 646143. Also except those
portions conveyed to Clallam County for Road purposes,
recorded under Clallam County Recording No. 619228.
Short Plat of Parcel A to the SunLand Development, recorded
in Volume 2 of Short Plats at Page 59 under Auditor's File No.
459753, records of Clallam County, Washington.
Short Plat of Parcel B to the SunLand Development, Lots 1
and 2, recorded in Volume 23, of Short Plats at Page 58 under
Auditor's File No. 669545, records of Clallam County,
Washington.
Cassalery Short Plat, Lot 2, according to plat thereof
recorded in Volume 5 of Plats at Page 74 under Auditor's File
No 509266, records of Clallam County, Washington.
(Revised document posted Oct 20, 2006)
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