ORD 83-11 UNIT DEVELOPMENT OF WINSLOW GREEN1 TMW:ehk
9/13/83
ORDINANCE NO. 83- L
AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON,
APPROVING A PLANNED UNIT DEVELOPMENT COMMONLY KNOWN
AS WINSLOW GREENS; ADOPTING HEARING EXAMINER'S
FINDINGS OF FACT AND CONCLUSIONS OF LAW; AND REPEAL-
ING ORDINANCE 81-20.
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9 WHEREAS, on May 4, 1981, the City of Winslow enacted
Ordinance 81-20 approving a Planned Unit Development ("PUD") for
10 property located on the northwest corner of the intersection of
Winslow Way West and Madison Avenue North, and commonly known as
11 "Madison Park PUD;" and
12 WHEREAS, the Madison Park PUD was not developed, and a
different PUD has been proposed for the subject site; and
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WHEREAS, on November 15, 1982, the City Attorney's office
14 issued an opinion that the new proposal constituted a substan-
tial deviation from the previous PUD and required new applica-
15 tion and City approval in accordance with the Winslow zoning
code and the Winslow Hearings Procedure Ordinance; and
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WHEREAS, the Winslow Greens PUD proponents made application
17 for a new PUD; on May 27, 1983, the Winslow Planning Agency
forwarded the application to the Winslow Hearing Examiner
18 recommending in favor of the PUD subject to certain specified
concerns; and on August 1, 1983, the Winslow Hearing Examiner
19 recommended in favor of the PUD subject to certain conditions;
and
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WHEREAS, the City Council and the Mayor have reviewed the
21 Planning Agency's and Hearing Examiner's recommendations and
have concluded that the PUD should be approved subject to
22 certain conditions specified in this ordinance; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF WINSLOW DO ORDAIN AS
FOLLOWS:
Section 1. The City Council hereby adopts as its own
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findings of fact and conclusions of law the Winslow Hearing
Examiner's findings of fact and conclusions of law in the matter
of the Winslow Greens Planned Unit Development application,
dated August 1, 1983, a copy of which is attached hereto and
incorporated in this ordinance.
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Section 2. The Winslow Greens Planned Unit Development is
hereby approved for the subject site subject to the following
conditions:
1. Applicant shall obtain certification in writing
from the chief of the Bainbridge Island Fire District
that the project complies with all applicable fire
safety laws and regulations. All modifications to
the City's water system for fire flow purposes shall
be made by the applicant at no cost to the City.
2. Applicant shall pave, install traffic signs and
striping, and make other traffic improvements to
Madison Avenue as shown on drawing 2B dated Septem-
ber ~ , 1983, a copy of which is attached hereto and
made a part of this ordinance.
3. Applicant shall install off-site storm water
drainage modifications recommended by Roats Engineer-
ing Company in the storm water drainage report which
is attached hereto and made a part of this ordi-
nance. Applicant shall submit to the City construc-
tion drawings for the modifications, which shall be
subject to review and approval by the City prior to
construction of the modifications.
4. The property owners shall be responsible for
maintenance of all common areas of the project
including the open space "park.u Applicant shall
submit to the City, for the Clty's review and
approval, proposed covenants for such maintenance.
Covenants approved by the City shall be filed with
the public records of the County prior to issuance of
a building permit for the project.
5. The open space "park" shall be constructed and
landscaped in accordance with drawing 1, dated July
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8, 1983, which is attached hereto and made a part of
this ordinance.
6. The current owners of record of the subject site
and the City shall execute an agreement terminating
the Agreement For Residential Planned Unit Develop-
ment adopted by Ordinance 81-20 and signed by the
Mayor on May 4, 1981. Applicant shall submit to the
City for its review and approval a proposed agreement
for this purpose.
7. The project shall be constructed in a single
phase with all construction to be completed no later
than 90 days following occupancy of the first unit
(either commercial or residential).
8. The project shall be constructed in substantial
compliance with the following drawings, which are
attached hereto and incorporated into this ordi-
nance: drawing 1, dated July 8, 1983; drawing 2,
dated May 6, 1983; and drawing 2B, dated Septem-
ber ~ , 1983.
Section 3. The "subject site" which is the location of the
Winslow Greens PUD is defined in the legal description which is
attached hereto and made a part of this ordinance. The common
description of the subject site is the northwest corner of the
intersection of Winslow Way West and Madison Avenue North,
consisting of a rectangular piece of land which abuts approxi-
mately 320 feet of Winslow Way West and 290 feet on Madison
Avenue North.
Section 4.
Section 5.
Ordinance 81-20 is hereby repealed.
If any provision of this ordinance is held
invalid all other provisions of this ordinance shall remain in
full force and effect.
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Section 6. This ordinance shall become effective 5 days
after publication or posting in the manner provided by law.
PASSED BY THE CITY COUNCIL this /~'~day of
~ ,i , 1983.
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7 Alice B. Tawresey
8 Mayor
9 Attest:
''/
11.. ~~n~ Je
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Approved as to form:
Thomas M. Walsh
City Attorney
I do hereby certify this Ordinance was signed by the Mayor
this day of -~ j, 1983, and thereafter posted
21 this ~/~d ~/~...
ay of ~ 1983, the Ferry Terminal,
221 Chamber of Commerce, City Hall. Effective
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Clerk/Treasurer
0362w
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WINSLOW
WINSLOW GREENS
WINSLOW, WASHINGTON
DECLARATION OF CONDOMINIUM OWNERSHIP
DECLARATION
AND
COVENANTS, CONDITIONS, RESTRICTIONS
AND RESERVATIONS FOR WINSLOW GREENS
ARTICLE
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
A Condominium
TABLE OF CONTENTS
PAGE
DEFINITIONS AND RECITALS 1
DESCRIPTION OF SITE 2
DESCRIPTION OF BUILDINGS 2
DESCRIPTION OF APARTmeNTS 2
ACCESS PARKING 3
DESCRIPTION OF CO~ON AREAS AND 3
FACILITIES
VALUE OF PROPERTY AND EACH APARTMENT 5
AND PERCENTAGE OF UNDIVIDED INTEREST
IN THE CO~ON AREAS AND FACILITIES
OWNERS' ASSOCIATION 5
MANAGEMENT OF CONDOMINIUM 8
USE; REGULATION OF USES; 13
ARCHITECTURAL UNIFORMITY
COMMON EXPENSES AND ASSESSMENTS 16
INSURANCE 20
DAMAGE OR DESTRUCTION; RECONSTRUCTION 24
CONDEMNATION 29
COMPLIANCE WITH DECLARATION 30
LIMITATION OF LIABILITY 31
MORTGAGEE PROTECTION 32
MORTGAGEE'S RIGtITS AFTER FORECLOSURE 34
EASEMENTS 36
PROCEDURES FOR SUBDIVIDING OR 37
CO~INING
AMENDMENT OF DECLARATION, SURVEY MAP, 38
PLANS
ARTICLE
XXII.
XXIII.
TABLE OF CONTENTS (Continued)
MISCELLANEOUS
INTERPRETATION
EXHIBIT A: Description of Real
Property
EXHIBIT B: Description of Apartments
EXHIBIT C: Description of Apartment
Value and Percentage of
Interest
PAGE
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41
A-1
B-1
C-1
ii
DECLARATION
AND
COVENANTS, CONDITIONS, RESTRICTIONS
AND RESERVATIONS FOR
WINSLOW GREENS
A CONDOMINIUM
Winslow Greens Inc., a Washington Corporation
to be formed (hereinafter called "Declarant"), hereby
makes the following declaration, pursuant to RCW
Chapter 64.32, for the purpose of submitting real
property described in Exhibit A attached hereto to the
provisions of that chapter.
By acceptance of a conveyance, contract for sale,
lease, rental agreement or any form of security agree-
ment or instrument, or any privileges of use or
enjoyment, respecting the property or any apartment in
the horizontal property regime created by this
Declaration, it is agreed that this Declaration,
together with the Survey Map and Plans referred to
herein, state convenants, conditions, restrictions,
and reservations affecting a common plan for the
condominium development mutually beneficial in all
restrictions, reservations and plan are binding upon
the entire property and upon each such apartment as a
parcel of realty, and upon its owners or possessors,
and their heirs, personal representatives, successors
and assigns, through all successive transfers of all
or part of the property or any security interests
therein, without requirement of further specific
reference or inclusion in deeds, contracts or security
instruments, and regardless of any subsequent
forfeiture, foreclosures, or sales of apartments under
security instruments.
I. DEFINITIONS AND RECITALS
1.01 The Act. The Horizontal Property Re-
gimes (Condominiums) Act, RCW Chapter 64.32 as amended,
is hereafter referred to as "the Act." The terms such
as, but not limited to, "apartment," "apartment owner,"
"association of apartment owners, .... building, .... common
areas and facilities," "common expenses," "land," and
"property," used herein are intended to have the same
meaning given in the Act unless the context clearly
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requires otherwise or to do so define the terms would
produce an illegal or improper result.
1.02 Declarant is the fee owner of the
property described in Exhibit A.
1.03 As used in this Declaration, "Declarant"
refers to Winslow Greens Inc., a Washington Corporation
to be formed, and its successors and assigns.
II. DESCRIPTION OF SITE
2.01 The site of the condominium is located
in the town of Winslow, Washington at the intersection
of Madison Avenue and Winslow Way and is more specifi-
cally described in Exhibit A. The site contains
approximately 2.4 acres. Topography is generally
sloping down as much as 20 feet from the northwest
property corner to the southeast property corner.
III. DESCRIPTION OF BUILDINGS
3.01 The condominium consists of 3 three story
buildings of wood-frame construction on reinforced
concrete foundations and basement. These 3 buildings
are divided into a total of 34 living apartments and up
to 17 business apartments; Building 1 has 10 living
apartments and up to 5 business apartments, Building 2
has 8 living units and up to 4 business apartments,
Building 3 has 16 living apartments and up to 8 business
apartments. All 3 buildings contain three stories, and
all apartments contain one story. There is a basement in
the buildings which provides the business apartment space.
All living apartments have 2 parking stalls, fireplace,
patio or deck and individual laundry facilities. Among
the 34 living units, there are two different floor plans,
and the units are 2 bedrooms and 2 baths.
IV. DESCRIPTION OF APARTMENTS
4.01 There are 34 living apartment units.
Each living apartment has its own street address.
4.02 There are up to 17 business apartment
units. Each business apartment has its own street
address.
4.03 Exhibit B attached hereto is a statement
setting forth the address of each apartment, the approxi-
mate size, the number of rooms, and the approximate area
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of the deck/patio. The size of an apartment is
calculated to the interior curfaces of the permiter
walls, floor, ceilings, windows and door thereof.
V. ACCESS AND PARKING
5.01 Each living apartment and business
apartment has access to the common condomium walks,
roadways, and other common areas.
5.02 Each living apartment unit has 1 (one)
parking space within its specific garage. Each apart-
ment may use up to 1 (one) of the next 17 (seventeen)
parking spaces on a first come first serve basis. No
storage of recreational vehicles, boats, trailers,
motorcycles, automobiles, etc. will be permitted in
common areas or parking areas. No storage of recrea-
tional vehicles, boats, trailers, etc. will be
permitted in a specific garage so as to require an
apartment owner to park his only automobile in one of
the 17 (seventeen) common spaces routinely.
There are 69 (sixty-nine) parking spaces
provided on a first come first serve basis for the
use and benefit of business apartment units and busi-
ness operations of the commercial spaces. No business
apartment owner will be permitted to store overnight or
for any full business day, any recreational vehicle,
boat, trailer, motorcycle, etc.. Automobiles owned by
commercial business or their employees cannot exceed
one per business and must not block access to a
specific garage, to another-business or access to the
site.
VI. DESCRIPTION OF COMMON AREAS AND FACILITIES
6.01 The common areas and facilities consist
of the following located on the land described in
Exhibit A:
(a) The land described in Exhibit A;
(b) The roofs, foundations, columns,
girders, studding, joists, beams, supports, main walls,
(excluding only nonbearing interior partitions of
apartments), and all other structural parts of the
buildings, to the interior surfaces of the apartments'
permiter walls, floors, ceilings, windows and doors,
and any replacements thereto; provided, that the term
"interior surfaces" shall not include paint, wallpaper,
carpeting, tiles or other such decorative surface
coverings or finishes;
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(c) installations of central services such
as power, light, gas, hot and cold'water, heating, re-
frigeration, air conditioning and incinerating; pipes,
conduits, and wires, whereever they may be located
whether in partitions or otherwise, tanks, pumps, motors,
fans, compressors, ducts; and in general all apparatus
and installations existing for common use;
(d) The yards, gardens, landscaped areas,
roadways, parking and walkways which surround and pro-
vide access to the buildings or are used for recreational
purposes;
(e) The halls, corridors, garbage chutes,
if any, storage areas, stairways and stairs not within
individual apartments, and entrances and exits of the
building;
(f) Premises for the lodging or use of
persons in charge of, or maintaining, the property,
if any;
(g) All other parts of the property
necessary or convenient to its existence, maintenance
and safety, or normally in common use;
(g) The park areas, walkways in front of
commercial businesses, stairways to parking areas,
peripheral sidewalks and open parking areas are open
to the public for general daily use consistent with the
conduct of general business and apartment living.
Any special use of the parks for community
events will be allowed to the extent these events do
not interfere with the rights of the commercial busi-
nesses to conduct their business or with the rights of
the apartment owners to enjoy their apartment space in
quiet.
6.02 Certain items which could ordinarily be
considered common areas such as, but not limited to,
screen doors, window screens, awnings, storm windows,
planter boxes, and the like, may, pursuant to decision
of a majority of owners and specification in the Bylaws
or administrative rules, be designated as items to be
furnished and maintained by apartment owners at their
individual expense, in good order, according to standards
and requirements set by the Board by rule, regulation or
Bylaws.
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VII.
VALUE OF PROPERTY AND EACH APARTMENT AND
PERCENTAGE OF UNDIVIDED INTEREST IN THE
COMMON AREAS AND FACILITIES
7.01 The value of the property is established
at $4,700,000.00. Percentages of interest for each
apartment and its owner for all purposes, including
voting, are expressed in Exhibit C attached hereto.
The value of each apartment includes the percentage of
undivided interest in the common areas. The values on
Exhibit C are schedules to establish the percentages
required by RCW 64.32.010 et seq. and do not necessarily
reflect the amount for which an apartment will be sold,
from time to time, by Declarant or others. The percen-
tage values are determined by dividing the value of each
apartment by the value of the total development.
VIII. OWNERS' ASSOCIATION
8.01 Form of Association. The term
"Association" as used herein shall mean the Association
of Owners as defined in the Act. Initially said
Association may be an unincorporated association. The
Board, or Declarant until such time as the initial Board
is selected, may at any time if deemed advisable in the
exercise of its sole discretion, without necessity of
prior approval or other action by the members being
necessary, cause such unincorporated association to be
converted to a nonprofit corporation under the laws of
the State of Washington; provided, that from and after
the formation of such nonprofit corporation, the rights
and duties of the members and of such corporation shall
continue to be governed by the provisions of the Act
and of this Declaration.
8.02 Membership
8.02.1 Qualification. Each owner (including
Declarant) shall be a member of the Association and shall
be entitled to one membership for each apartment so owned;
provided, that if an apartment has been sold on contract,
the contract purchaser shall exercise the rights of the
apartment owner for purposes of the Association, this
Declaration, and the Bylaws, except as hereinafter limited,
and shall be the voting owner unless otherwise specified.
Ownership of an apartment shall be the sole qualification
for membership in the Association.
8.02.2 Transfer of Membership. The
Association membership of each owner (including Declarant)
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shall be appurtenant to the apartment giving rise to
such membership, and shall not be assigned, transferred,
pledged, hypothecated, conveyed or alienated in any way
except upon the transfer of title to said apartment and
then only to the transferee of title to such apartment.
Any transfer of title to an apartment shall operate
automatically to transfer the membership in the
Association appurtenant thereto to the new owner thereof.
8.03 Voting
8.03.1 Number of Votes. The total voting
power of all owners shall be 100 votes and the total
number of votes available to owners of any one apartment
shall be equal to the percentage of undivided interest
in the common areas and facilities appertaining to such
apartment. Business apartment ownership will have 50%
of the votes or 50 votes.
8.03.2 Voting Owner. There shall be one
(1) "voting representative" of each apartment. Declarant
shall be the voting representative with respect to any
apartment or apartments owned by Declarant. If a perso
owns more than one apartment, he shall have the votes
for each apartment owned. The voting representative shall
be designated by the owner or owners of each apartment by
written notice to the Board, and need not be an owner.
The designation shall be revocable at any time by actual
notice to the Board from a party having an ownership
interest in an apartment, or by actual notice to the
Board of the death or judicially declared incompetence
of any party with an ownership interest in the apartment.
This power of designation and revocation may be exercised
by the guardian of an apartment owner, and the administra-
tors or executors of an onwer's estate. Where no
designation is made, or where a designation has been made,
the voting representative of each apartment shall be the
group composed of all of its owners.
8.03.3 Joint Owner Disputes. The vote
of an apartment must be case as a single vote, and
fractional votes shall not be allowed. In the event that
joint owners are unable to agree among themselves as to
how their vote or votes shall be cast, they shall lose
their right to vote on the matter in question. In the
event more than one vote is case for a particular apart-
ment, none of said votes shall be counted and said votes
shall be deemed void.
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8.03.4 Pledged Votes. In the event the
record owner or owners have pledged their vote regard-
ing special matters to a mortgagee or beneficiary of a
deed of trust under a duly recorded mortgage or deed
of trust, or to the vendor under a duly recorded real
estate contract, only the vote of such mortgagee,
beneficiary, or vendor will be recognized in regard to
the special matters upon which the vote is so pledged,
if a copy of the instrument with this pledge has been
filed with the Board. Amendments to this subsection
shall only be effective upon the written consent of
all the voting owners and their respective mortgagees,
deed of trust beneficiaries, and vendors, if any.
8.03.5 Voting by Condominium Mortgagee.
The mortgagee of the condominium, as defined in Section
19.01, shall be entitled to exercise the votes of
Declarant (a) arising from apartments owned by Declarant
and against which the mortgagee of the condominium holds
a mortgage or deed of trust, and (b) with respect to
amendments to this Declaration, subdivision or combining
of apartments, abandonment of the condominium status of
the property, or reconstruction; provided, however, that
said mortgagee may, as to any specific matter on which
it has a right to vote in place of Declarant, waive said
voting right in writing, in which event Declarant shall
be entitled to exercise its votes as to those matters
specifically set forth in the written waiver.
8.04 Meetings, Audits, Notices of Meetings
8.04.1 Annual Meetings, Audits. There
shall be an annual meeting of the owners in the first
quarter of each year at such reasonable place and time
as may be designated by written notice of the Board
delivered to the owners no less than ten (10) days
prior to the date fixed for said meeting. At the annual
meeting, there shall be presented an audit of the common
expenses, itemizing receipts and disbursements for the
preceding calendar year, and the allocation thereof to
each owner, and the estimated common expenses for the
coming calendar year. The Board at any time, or by
written request of owners having at least twenty-four
percent (24%) of the total votes, may require that an
audit of the Association and management books be pre-
sented at any special meeting. An apartment owner, at
his own expense, may at any reasonable time make an
audit of the books of the Board and Association.
8.04.2 Special Meetings. Special meetings
of the owners may be called at any time for the purpose
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Of considering matters which by the terms of the Act or
of this Declaration require the approval of all or some
of the owners, or for any other reasonable purpose.
Such meetings shall be called by written notice of the
president, or after request signed by a majority of the
Board, or by written request by the owners having at
least twenty-four percent (24%) of the total votes,
which notice shall be delivered not less than ten (10)
days prior to the date fixed for said meeting. The
notice shall specify the date, time and place of the
meeting, and in general the matters to be considered.
8.05 Bylaws of Association
8.05.1 Adoption of Bylaws. Bylaws for the
administration of the Association and the property, and
for other purposes not consistent with the Act or with
the intent of this Declaration, shall be adopted by the
Association by concurrence of those voting owners holding
sixty percent (60%) of the voting power at a regular or
special meeting. Notice of the time, place and purpose
of such meeting shall be delivered to each apartment owner
at least ten (10) days prior to such meeting. Amendments
to~he Bylaws may be adopted by the same vote at a regular
or special meeting similarly called. Declarant may adopt
initial Bylaws.
8.05.2 Bylaws Provisions. The Bylaws shall
contain provisions identical to those provided in this
Article IX, and may contain supplementary, not inconsistent,
provisions regarding the operation of the condominium and
administration of the property. The Bylaws shall establish
such provisions for quorum, ordering of meetings, and
details regarding the giving of notice as may be required
for the proper administration of the Association and the
property.
IX. MANAGEMENT OF CONDOMINIUM
9.01 Management by Declarant. Until a date three
(3) years from the date of recording this Declaration, or
the date on which Declarant has sold 30 living apartment
units, or the date on which Declarant elects to permanently
relinquish all of its authority under this Section 9.01 by'
written notice to all owners, whichever date first occurs,
the property shall be managed and this Association organized
as follows, at the decision of the Declarant:
9.01.1 So long as no temporary board is then
entitled to exercise management authority under Section
10.01.2, Declarant, or a managing agent selected by Declarant,
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shall have the power and authority to exercise all the
rights, duties and functions of the board, including but
not limited to enacting reasonable administrative rules,
contracting for required services, property and insurance,
and collecting and expending all assessments and
Association funds. Any such managing agent or Declarant
shall have the exclusive right to contract for all goods
and serviceS, payment for which is to be made from any
common or maintenance funds.
9.01.2 Declarant may at such times as
Declarant deems appropriate select as a temporary board
three (3) to seven (7) persons who own, or are purchasers
of, apartments or are officers of corporations owning or
purchasing such apartments. This board shall have the
full authority and all rights, responsibilities, privileges
and duties to manage the condominium under this Declaration
and the Bylaws, and shall be subject to all provisions of
the Declaration and Bylaws.
9.01.3 These requirements and covenants are
made in order to assure that the property and condominium
will be adequately administered in the initial phases of
development, and to assure an orderly transition to
Association operations.
9.02 Management by Board. At the expiration of
the period designated in Section 9.01, all administrative
power and authority shall vest in a Board of five (5)
directors elected from among the apartment owners. The
Board may delegate all or any portion of such power to a
manager, managing agent, or officer of the Association, or
in such manner as may be provided by the Bylaws. All Board
positions shall be open for election at the first annual
meeting after the period of Declarant's authority under
Section 9.01 ends. The Board shall elect a president from
among its members, who shall preside over meetings of the
Board and the meetings of the Association.
9.03 Authority of the Board
9.03.1 The Board (or Declarant or Declarant's
managing agent as provided in Section 10.01 hereof) for the
benefit or the condominium and the owners shall enforce the
provisions of this Declaration and of the Bylaws, shall have
all powers and authority permitted to the Board under the
Act and the Declaration, and shall acquire and shall pay for
out of the common expense fund heroinafter provided for, all
goods and services requisite for the proper functioning of
the condominium, including but not limited to the following:
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(a) Water, sewer, garbage collection,
electrical, telephone, gas and any other necessary utility
service as required for the common areas. If one or more
apartments or the common areas are not separately metered,
the utility service may be paid as a common expense, and
the Board may be reasonable formula allocate a'portion of
such expense to each such apartment involved as a portion
of its common expense.
(b) Policies of insurance or bonds pro-
viding coverage for fire and otherhazard, liability for
personal injury and property damage, and for fidelity of
Association officers and other employees, as the same are
more fully required hereafter and in the Bylaws.
(c) The services of persons or firms as
required to properly manage the affairs of the condominium
to the extent deemed advisable by the Board as well as
such other personnel as the Board shall determine are
necessary or proper for the operation of the common areas,
whether such personnel as the Board shall determine are
necessary or proper for the operation of the common areas,
and whether such personnel are employed directly by the
Board or are furnished by the manager or management firm
or agent.
(d) Legal and accounting services necessary
or proper in the operation of the Association affairs, ad-
ministration of the common areas, or the enforcement of
this Declaration.
(e) Painting, maintenance, repair and all
landscaping and gardening work for the common areas, and
such furnishings and equipment for the common areas as the
Board shall determine are necessary and proper, and the
Board shall have the esclusive right and duty to acquire
the same for the common areas; provided, however, that the
interior surfaces of each apartment shall be painted, main-
tained and repaired by the owners thereof, all such
maintenance to be at the sole cost and expense of the parti-
cular owner as more particularly provided in Section 10.04.
(f) Any other materials, supplies, labor,
services, maintenance, repairs, structural alterations,
insurance, taxes or assessments ~hich the Board is required
to secure by law or which in its opinion shall be necessary
or proper for the operation of the common areas or for the
enforcement of this Declaration; provided, that if for any
reason such materials, supplies, labor, services, mainte-
nance, repairs, structural alterations, insurance, taxes,
or assessments are provided for particular apartments or
their owners, the cost thereof shall be specially assessed
to the owner of such apartment.
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(g) MainteDance and repair of any
apartment, its appurtenances and appliances, if such
maintenance or repair is reasonably necessary in the
discretion of the Board to protect the common areas
or preserve the appearance and value of the condo-
minium development, and the owner or owners of said
apartment have failed or refused to perform said main-
tenance and repair within a reasonable time after
written notice of the necessity of said maintenance
or repair has been delivered by the Board to the owner
or owners; provided that the Board shall levy a spe-
cial assessment against the apartment of such owner
or owners for the cost of such maintenance or repair.
(h) The Board may also pay any amount
necessary to discharge any lien oK encumbrance le-
vied against the entire property or any part thereof
which is claimed to or may, in the opinion of the
Board, constitute a lien against the property or
against the common areas, rather than merely against
the interest therein of particular owners. Where one
or more owners are responsible for the existence of
such lien, they shall be jointly and severally liable
for the cost of discharging it and any costs and ex-
penses incurred by the Board by reason of such lien
or liens shall be assessed against the owners and
the apartment responsible to the extent of their re-
sponsibility.
(i) The Board's power hereinabove
enumerated shall be limited in that the Beard shall
have no authority to acquire and pay for out of the
maintenance fund capital additions and improvements
(other then for purposes of restoring, repairing or
replacing portions of the common areas) having a to-
tal cost in excess of Five Thousand Dollars ($5,000),
without first obtaining the affirmative vote of the
owners holding a majority of the voting power pre-
sent or represented at a meeting called for such pur-
pose, or if no such meeting is held, then the written
consent of voting owners having a majority of the
voting power; provided that any expenditure or con-
tract for capital additions or improvements in ex-
cess of Twenty-five Thousand Dollars ($25,000) must
be approved by owners having not less than seventy-
five percent (75%) of the voting power.
(j) Nothing herein contained shall be
construed to give the Board authority to conduct an
active business for profit on behalf of all of the
owners or any of them.
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(k) The Board shall have the exclu-
sive right to co~tr~.ct ~or all goods and services,
payment of which is to be made from the maintanance
fund. The Board may delegate such powers subject to
the terms hereof.
(1) The Board may, from common funds
of the Association, acquire and hold in the name of
the Association, for the benefit of the owners, tangi-
ble and intangible personal property and real property
and interests therein, and may dispose of the same by
sale or otherwise; and the beneficial interest in such
property shall be owned by the owners in the same pro-
portion as their respective interest in the common
areas, and such property shall thereafter be held,
sold, leased, rented, mortgaged or otherwise dealth
with for the benefit of the common fund of the Asso-
ciation as the Board may direct. The Board shall not,
however, in any case acquire real property or personal
property valued in excess of Five Thousand Dollars
($5,000) by lease or purchase except upon a majority
vote of the apartment owners, or valued in excess of
Twenty-five Thousand Dollars ($25,000) except upon a
seventy-five percent (75%) affirmative vote of the
apartment owners, in the manner specified in subsec-
tion 9.03.1(i).
(m) The Board and its agents or em-
ployees may enter any apartment or limited common
area when necessary in connection with any maintenance,
landscaping or construction for which the Board is re-
sponsible or in the event of emergencies. Such entry
shall be made with as little inconvenience to the
owners as practicable, and any damage caused thereby
shall be repaired by the Board out of the common ex-
pense fund if the entry was due to an emergency (un-
less the emergency was caused by the owner of the a-
partment entered, in which case the cost shall be spe-
cifically assessed to the unit entered) or for the
purpose of maintenance, or repairs, to common or li-
mited common areas where the repairs were undertaken
by or under the direction or authority of the Board.
If the repairs or maintenance were necessitated by or
for the apartment entered or its owners, or requested
by its owners, the cost thereof shall be specially as-
sessed to such apartment.
(n) Each owner, by the mere act of
becoming an owner or contract purchaser of an apart-
ment, shall irrevocably appoint the Association as his
attorney-in-fact, with full power of substitution, to
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take such action as reasonably necessary to promptly per-
form the duties of the Association and Board hereunder,
including but not limited to the duties to maintain,
repair and improve the property, to deal with the apart-
ment upon damage or destruction, and to secure insurance
proceeds.
9.04 Authority of Declarant. Declarant shall
have the right and standing both before and after selling
all units to enforce this Declaration and the covenants
associated therewith on behalf of the condominium.
X. USE: REGULATION OF USES; ARCHITECTURAL
UNIFO~-~ITY
10.01 Residential Use. The living apartments
shall be used for single family residential purposes only,
on an ownership or lease basis, and for the common social,
recreational or other reasonable uses normally incident to
such purposes, but may also be used for such additional
uses or purposes as are from time to time determined
appropriate by Declarant and approved by the Board.
Apartments and the buildings may be used for the purposes
of operating the Association and for the management of the
condominium if required.
10.02 Commercial Use. The business apartments
shall be used for commercial business use only, on an
ownership or lease basis. No business apartment may be
owned or leased for the purpose of operating a restaurant,
tavern, or after hours entertainment of any sort.
10.03 Sales Facilities of Declarant. Notwith-
standing any provision in Section 10.01, Declarant, its
agents, employees and contractors shall be permitted to
maintain during the period of sale of the condominium upon
such portion of the property as Declarant may choose, such
facilities as in the sole opinion of Dectarant may be
reasonably required, convenient or incidental to the sale
of condominium apartments and interests.
10.04 Common Drive and Walks. Common roads,
drives, walks, corridors and stairways shall be used ex-
clusively for normal transit and no obstructions shall be
placed thereon or therein except by express written consent
of the Board.
10.05 Interior Apartment Maintenance
10.05.1 Each apartment owner shall, at his
sole expense, have the right and the duty to keep the
interior of his apartment and its equipment, appliances,
and appurtenances in good order, condition and repair and
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shall do all redecorating and painting at any time
necessary to maintain the good appearance and condition
of his apartment. Each owner shall be responsible for
the maintenance, repair or replacement of any plumbing
fixtures, water heaters, fans, heating or other equipment,
electrical fixtures or appliances which may be in or
connected with his apartment with the exception of
exterior corridor lighting.
10.05.2 Without limiting the generality
of the foregoing, each owner shall have the right and
the duty, at his sole cost and expense, to maintain,
repair, paint, paper, panel, plaster, tile, and finish
the interior surfaces of the ceilings, floors, window
frames, door frames, trim, and the perimeter walls of
the apartment and the surfaces of the bearing walls
located within his apartment and shall not permit or
commit waste of his apartment or the common areas. Each
owner shall have the right to substitute new finished
surfaces for the finished surfaces then existing on
said ceilings, floors and walls. Each owner and his
agent has the right to maintain, repair, paint, finish,
alter, substitute, add or remove any fixtures attached
to said ceilings, floors or walls; provided, that the
window frames shall not be painted. This section shall
not be construed as permitting an interference with the
use and enjoyment of the common areas or of the other
apartments or any of them, nor shall it be construed to
limit the power or obligations of the Board hereunder.
10.06 Exterior Appearance. In order to pre-
serve a common exterior appearance to the buidling,
and the common and limited common areas visible to the
public, the Board may require and provide for the
painting and other decorative finish of the building,
lanais/decks or patio/yard areas, or other common or
limited common areas, and prescribe the type and color
of such decorative finishes, and may prohibit, require
or regulate any modification or decoration of the
building, lanais/decks, patio/yard areas or other com-
mon or limited common areas undertaken or proposed by
any owner. This power of the Board extends to screens,
doors, awnings, rails or other visible portions of
each apartment and apartment building. The Board may
also require the use of a uniform color of draperies,
under draperies or drapery lining for all apartments.
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10.07 Effect on Insurance. Nothing shall be
done or kept in any apartment or in the common areas
which will increase the rate of insurance on the common
areas or apartments without the prior written consent
of the Board. No owner shall permit anything to be
done or kept in his apartment or in the common areas
which will result in the cancellation of insurance on
any apartment or any part of the common areas, or which
would be in violation of any laws.
10.08 Signs. No sign of any kind shall be
displayed to the public view on or from any living
apartment or common area without the prior consent of
the Board; provided, that this section shall not apply
to Declarant or Declarant's agents. Business apartment
signs will be approved by the Declarant and then the
Board of Directors.
10.09 Pets. Dogs and cats may be kept as pets
in the living apartments, subject to rules and regulations
to be adopted by the Board, or Bylaws adopted by the
Association. No other animals, which term includes live-
stock, domestic animals, poultry, reptiles or living
creatures of any kind, shall be raised, bred or kept in
any apartment or in the common or limited common areas,
whether as pets or otherwise, except subject to rules and
regulations adopted by the Board or Bylaws adopted by the
Association. The Board may at any time require the
removal of any animal which it finds is disturbing other
owners unreasonably, in the Board's determination, and
may exercise this authority for specific animals even
though other animals are permitted to remain.
10.10 Offensive Activity. No noxious or
offensive activity shall be carried on in any apartment
or co~on area, nor shall anything be done therein which
may be or become an annoyance or nuisance to other owners.
10.11 Common Area Alterations. Nothing shall
be altered or constructed in or removed from the common
areas except upon the written consent of the Board and
after procedures required herein or by law.
10.12 House Rules. The Board or the Association
membership is empowered to pass, amend and revoke detailed
administrative rules and regulations, or "House Rules,"
necessary or convenient from time to time to insure com-
pliance with the general guidelines of this Article and
the other provisions of this Declaration. Declarant shall
have the right to approve any changes to such rules.
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XI. COMMON EXPENSES AND ASSESSMENTS
11.01 Estimated Expenses. Within thirty
(30) days prior to the beginning of each calendar year,
the Board shall do the following: estimate the charges
(including common expenses, and any special assess-
ments for particular apartments) to be paid during
such year; make provision for creating, funding and
maintaining reasonable reserves for contingencies,
operations, and repair, replacement and acquisition
of common areas and facilities; and take into account
any expected income and any surplus available from the
prior year's operating fund. Declarant or the ini-
tial Board may at any suitable time establish the
first such estimate. If the sum estimated and bud-
geted at any time proves inadequate for any reason
(including nonpayment of any reason of any owner's
assessment), the Board may at any time levy a further
assessment, which shall be assessed to the owners in
like proportions.
11.02 Payment by Owners. Each owner shall
be obligated to pay assessments made pursuant to this
Article to the treasurer for the Association in equal
monthly installments on or before the first day of
each month during each year, or in such other reasona-
ble manner as the Board shall designate, and any un-
paid assessments shall bear interest at the rate of
twelve percent (12%) per annum from due date until paid.
The budget may be reviewed and revised by the member-
ship at ally annual meeting, or any special meeting
called for such purpose, but if not so reviewed or if
no change is made, it shall be deemed approved.
11.03 Purpose. All funds collected hereunder
shall be expended for the purposes designated in this
Declaration.
11.04 Separate Accounts. The Board shall
require that the Association maintain separate accounts
for current operations, reserves, and a special sepa-
rate reserve account for payment of insurance. Each
month the Board shall first deposit to the insurance
reserve account that portion of the common expense as-
sessment necessary to pay at least one-twelfth of the
total cost of all of the insurance policies provided
regarding the condominium and such insurance reserve
account shall be held separately and inviolate until
utilized for payment of insurance premiums. Thereaf-
ter the remainder of the assessments collected may be
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utilized for payment of other expenses or deposited or
credited to other accounts. All such assessments shall
be collected and held in trust for, and administered
and expended for the benefit of, the apartment owners.
11.05 Based on Percentage. Except for cer-
tain special assessments which may be levied against
particular apartments under the provisions of this
Declaration, all assessments for common expenses shall
be assessed to apartments and the owners thereof on
the basis of the percentages set forth in Exhibit C
hereof and any amendments thereto.
11.06 Omission of Assessment. The omis-
sion by the Board or the Association before the expi-
ration of any year to fix the estimate and assessments
hereunder for that or the next year, shall not be
deemed a waiver or modification in any respect of the
provisions of this Declaration, or a release of the
owner from the obligation to pay the assessments, or
any installment thereof for that or any subsequent
year, but the assessment fixed for the preceding year
shall continue until a new assessment is fixed.
11.07 Records. The Board shall cause to be
kept detailed, accurate records in the form establish-
ed by the Association's accountant of the receipts and
expenditures of the Association, specifying and itemiz-
ing the maintenance and repair expenses and any other
expense incurred. Such records and any resolutions
authorizing the payments involved shall be available
for examination by any owner at convenient hours of
week days.
11.08 Declarant's Liability. For any apart-
ment owned by Declarant which is vacant and has not
been sold, rented or leased, Declarant shall not be
liable for the portion or portions of any common ex-
pense assessment other than for the insurance reserve
fund.
11.09 Lien Indebtedness. In the event any
monthly assessment or special charge attributable to
a particular apartment remains delinquent for more
than thirty (30) days, the Board may, upon fifteen
(15) days written notice to the owner of such apart-
ment, accelerate and demand immediate payment of all,
or such portion as the Board determines, of the month-
ly assessments and special charges which the Board
reasonably determines will become due during the next
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succeeding twelve (12) months with respect to such
apartment. Each monthly assessment and each special
assessment shall be joint and several personal debts
and obligations of the owner or owners and contract
purchasers of apartments for which the same are as-
sessed as of the time the assessment is made and shall
be collectible as such. The amount of any assessment,
whether regular or special, assessed to any apartment
and the owner and/or purchaser of any apartment, plus
interest at the rate of twelve percent (12%) per an-
num, and costs, including reasonable attorney's fees,
shall be a lien upon such apartment, the appurtenant
limited common area and the exclusive use thereof.
The said lien for payment of such assessments shall
have priority over all other liens and encumbrances,
recorded or unrecorded, except that such priority
shall be limited as provided in RCW 64.32,200(2).
Suit to recover a money judgment or unpaid assessments
shall be maintainable without foreclosure or waiving
the lien securing the same.
11.10 Certificate of Assessment. A certifi-
cate executed and acknowledged by the treasurer or the
president of the Board or an authorized agent thereof
if neither the president nor treasurer is available,
stating the indebtedness for assessments or lack
thereof secured by the assessment lien upon any apart-
ment shall be conclusive upon the Board and the owners
as to the amount of such indebtedness on the date of
the certificate, in favor of all persons who rely
thereon in good faith, and such a certificate shall
be furnished to any owner or any encumbrancer of an
apartment within a reasonable time after request, in
recordable form, at a reasonable fee. Unless other-
wise prohibited by law, any encumbrancer holding a
lien on an apartment may pay any unpaid common ex-
penses payable with respect to such apartment unit
and upon such payment such encumbrancer shall have a
lien on such apartment for the amounts paid of the
same rank as the lien of his encumbrance.
11.11 Working Capital Fund. A working capi-
tal fund will be established by requiring each pur-
chaser to pay the equivalent of two months assessment
at the time of purchase.
11.12 Security Deposit. An apartment owner
may be required, by the Board or by the managing agent,
from time to time, to make and maintain a security
deposit not in excess of three (3) months estimated
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monthly assessments, which may be collected as are
other assessments. Such deposit shall be ehld in a
separate fund, credited to such owner, and resort may
be had thereto at any time when such owner is ten
(10) days or more delinquent in paying his monthly
or other assessments.
11.13 Foreclosure of Assessment Lien;
Attorney's Fees and Costs. The manager, Board or
Declarant on behalf of the Association may initiate
action to foreclose the lien of any assessment. In
any action to foreclose a lien against any apartment
for nonpayment of delinquent assessments, any judg-
ment rendered against the owners of such apartment
in favor of the Association shall include a reasona-
ble sum for attorney's fees and all costs and ex-
penses reasonably incurred in preparation for or in
the prosecution of said action, in addition to tax-
able costs permitted by law.
11.14 Rental Value. From the time of com-
mencement of any action to foreclose a lien against
an apartment for nonpayment of delinquent assessments,
the owner or purchaser of such apartment shall pay to
the Association the reasonable rental value of the
apartment to be fixed by the Board, and the plaintiff
in any such foreclosure shall be entitled to the ap-
pointment of a receiver to collect the same, who may,
if said rental is not paid, obtain possession of the
apartment, refurbish it for rental up to a reasonable
standard for rental units in this type of condominium,
rent the apartment or permit its rental to others,
and apply rents first to costs of the receivership
and attorney's fees thereof, then to costs of refur-
bishing the apartment, then to costs, fees and charges
of the foreclosure action, then to the payment of the
delinquent assessment charges.
11.15 Rental Apartments. With respect to
the leasing, renting, or creation of any kind of te-
nancy of an apartment by its owner: such owner shall
be prohibited from leasing or renting less than the
entire apartment or for a term of less than twelve (12)
months; and all leasing or rental agreements shall be
in writing and be subject to the Declaration and By-
laws (with a default by the tenant in complying with
the Declaration and Bylaws constituting a default
under the lease or rental agreement). If an apart-
ment is rented by its owner, the Board may collect
and the tenant or lessee shall pay over to the Board
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so much of the rent for such apartment as is re-
quired to pay any amounts due the Board hereunder,
plus interest and costs, if the same are in default
over thirty (30) days. The renter or lessee shall
not have the right to question payment over to the
Board, and such payment will discharge the lessee's
or renter's duty of payment to the owner for rent, to
the extent such rent is paid to the Association, but
will not discharge the liability of the owner or pur-
chaser and the apartment under this Declaration for
assessments, or operate as an approval of the lease.
The Board shall not exercise this power where a re-
ceiver has been appointed.
11.16 Termination of Utility Service. In
addition to and not by way of limitation upon other
methods of collecting any assessments, the Board
shall have the right, after having given ten (10)
days' notice to any apartment owner who is delinquent
in paying his assessments, to cut off any or all uti-
lity services to the delinquent owner's apartment
until such assessments are paid.
11.17 Remedies Cumulative. The remedies
provided are cumulative, and the Board may pursue
them concurrently, as well as any other remedies which
may be available under law although not expressed
herein.
XII. INSURANCE
12.01 Insurance Coverage. The Board shall
obtain and maintain at all times as a common expense
a policy or policies and bonds required to provide:
12.01.1 Fire insurance, with extended
coverage endorsement, in an amount as near as practi-
cable to the full insurable replacement value (with-
out deduction for depreciation, but less any other
deductions which the Board may find reasonable after
consultation with insurance consultants) of the com-
mon areas and the apartments, with the Board named as
insured as trustee for the benefit of owners and
mortgagees as their interest may appear, or such other
fire and casualty insurance as the Board shall deter-
mine to give substantially equal or greater protec-
tion insuring the owners, and their mortgagees, as
their interests may appear. Said policy or policies
shall provide for separate protection for each apart-
ment to the full insurable replacement value thereof
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(limited as above provided), and a separate loss
payable endorsement, in favor of the mortgagee or
mortgagees of each apartment, if any, and further,
a separate loss payable clause in favor of the mort-
gagee of the condominium, if any. All insurance
shall be obtained from an insurance carrier rated
Triple A (and rated as in Class XI or better finan-
cial condition) by Best's Insurance Reports or equi-
valent rating service, and licensed to do business
in the State of Washington.
12.01.2 General comprehensive lia-
bility insurance insuring the Board, the Associa-
tion, the owners, Declarant and managing agent against
any liability to the public or to the owners of apart-
ments and of the common areas and their invitees, or
tenants, incident to the ownership or use of the com-
mon areas and apartments (including but not limited
to owned and non-owned automobile liability, water
damage, hot liquor liability, and liability for pro-
perty of others), the liability under which insurance
shall be in an amount determined by the Board after
consulting with insurance consultants, but not less
than Two Hundred Thousand Dollars ($200,000) for any
one person injured, Five Hundred Thousand Dollars
($500,000) for any one accident, and Fifty Thousand
Dollars ($50,000) for property damage (such policy
limits to be reviewed at least annually by the Board
and increased in its discretion). Such insurance
shall contain appropriate provisions or endorsements
precluding the insurer from denying the claim of an
owner because of the negligent acts of the Associa-
tion or another owner.
12.01.3 Workmen's compensation in-
surance to the extent required by applicable laws.
12.01.4 Fidelity bonds naming the
members of the Board, the manager and such other per-
sons as may be designated by the Board as principals
and the apartment owners as obligees, in an amount
equal to at least one-half of the total estimated
cash to be collected as assessments each year. Such
fidelity bonds shall contain waivers of any defense
based upon the exclusion of persons who serve with-
out compensation from any definitions of "employee"
or similar expression.
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12.01.5 Insurance against loss of
personal property of the Association by fire, theft
and other losses with deductible provisions as the
Board deems advisable.
12.01.6 Such other insurance as the
Board deems advisable, including, but not limited to,
errors and omissions coverage for the Board members,
Association officers, Declarant, and managing agent.
12.02 Owner's Additional Insurance. Each
owner may obtain additional insurance respecting his
apartment as contemplated under RCW 64.32.220 and
64.32.010(1) at his own expense; no owner shall, how-
ever, be entitled to exercise his right to maintain
insurance coverage in any manner which would decrease
the amount which the Board, or any trustee for the
Board, on behalf of all of the owners, will realize
under any insurance policy which the Board may have
in force on the condominium at any particular time.
Each owner is required to and agrees to notify the
Board of all improvements by the owner to his apart-
ment, the value of which is in excess of One Thousand
Dollars ($1,000). Any owner who obtains individual
insurance policies covering any portion of the condo-
minium other than personal property belonging to such
owner is hereby required to file a copy of such indi-
vidual policy or policies with the Board within thir-
ty (30) days after purchase of such insurance, and the
Board shall immediately review its effect with the
Board's insurance broker, agent or carrier.
12.03 Insurance Proceeds. Insurance pro-
ceeds for damage or destruction to any part of the
property shall be paid to the Board on behalf of the
Association which shall segregate such proceeds from
other funds of the Association for use and payment as
provided for in Article XIV. The Association, acting
through its Board, shall have the authority to settle
and compromise any claim under insurance obtained by
the Association and the insurer may accept a release
and discharge of liability made by the Board on behalf
of the named insureds under the policy.
12.04 Additional Policy Provisions. To
the extent deemed practicable and desirable by the
Board, after consultation with the Association's in-
surance broker, agent or carrier, the insurance policy
or policies required under section 13.01 shall:
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12.04.1 Provide that the liability
of the insurer thereunder shall not be affected by,
and that the insurer shall not claim any right of
set-off, counterclaim, apportionment, proration, or
contribution by reason of any other insurance obtain-
ed by or for any apartment owner;
12.04.2 Contain no provision reliev-
ing the insurer from liability for loss occurring
while the hazard to such buildings is increased,
whether or not within the knowledge or control of the
Board, or because of any breach of warranty or condi-
tion or any other act or neglect by the Board or any
apartment owner or any other persons under either of
them;
12.02.3 Provide that such policy may
not be concelled (whether or not requested by the
Board) except by the insurer giving at least sixty
(60) days' prior written notice thereto to the Board
and every other person in interest who shall have re-
quested such notice of the insurer;
12.04.4 Contain a waiver by the in-
surer of any right of subrogation to any right of the
Board, and the Association, or either against the
owner or lessee of any apartment;
12.04.5 Provide that, despite any
provision giving the insurer the right to restore
damage in lieu of a cash settlement such option shall
not be exercisable without the prior written approval
of the Association, or when in conflict with the pro-
visions of any insurance trust agreement to which the
Association is a party, or any requirement of law; and
12.04.6 Contain a standard mortgagee
clause which shall:
(a) Provide that any reference to
a mortgagee in such policy shall mean and include all
holders of mortgages of any apartment or apartment
lease or sublease of the project, in their respective
order and preference, whether or not named therein;
(b) Provide that such insurance as
to the interest of any mortgagee shall not be invali-
dated by any act or neglect of the Board or apartment
owners or any persons under any of them;
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(c) Waive any provision invalidat-
ing such mortgage clause by reason of the failure
of any mortgagee to notify the insurer of any hazard-
ous use or vacancy, any requirement that the mortga-
gee pay any premium thereon, and any contribution
clause; and
(d) Provide that without affecting
any protection afforded by such mortgagee clause, any
proceeds payable under such policy shall be payable
to the Board or the insurance trustee.
XIIt. DAFIAGE OR DESTRUCTION; RECONSTRUCTION
13.01 Initial Board Determinations. In
the event of damage or destruction to any part of
the property, the Board shall promptly, and in all
events within sixty (60) days after the date of damage
or destruction, make the following determinations
with respect thereto employing such advice as the
Board deems advisable:
13.01.1 The nature and extent of the
damage or destruction, together with an inventory of
the improvements and property directly affected
thereby.
13.01.2 A reasonably reliable esti-
mate of the cost to repair and restore the damage and
destruction, which estimate shall, if reasonably
practicable, be based upon two or more firm bids ob-
tained from responsible contractors.
13.01.3 The anticipated insurance pro-
ceeds, if any, to be available from insurance cover-
ing the loss based on the amount paid or initially
offered by the insurer.
13.01.4 The amount, if any, that the
estimated cost of repair and restoration exceeds ~he
anticipated insurance proceeds therefor and the
amount of assessments to each apartment if such ex-
cess was paid as a maintenance expense and specially
assessed against all the apartments in proportion
to their percentage of interest in the common areas.
13.01.5 The Board's recommendation as
to whether such damage or destruction should be re-
paired or restored.
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13.02 Notice of Damage or Destruction.
The Board shall promptly, and in all events within
sixty (60) days after the date of damage or destruc-
tion, provide each owner, and each mortgagee who had
theretofore requested special notice, with a written
notice summarizing the initial Board determination
made under Section 13.01. If the Board fails to do
so within said sixty (60) days, then any owner or
mortgagee may make the determinations required under
Section 13.01 and give the notice required under
this Section 13.02.
13.03 Definitions: Restoration; Emergency
Work
13.03.1 As used in this Article XIV,
the words "repair," "reconstruct," "rebuild" or
"restore" shall mean restoring the improvements to
substantially the same condition in which they exist-
ed prior to the damage or destruction, with each
apartment and the common and limited common areas
having substantially the same vertical and horizontal
boundaries as before. Modifications to conform to
then applicable governmental rules and regulations
or available means of construction may be made.
13.03.2 As used in this Article XIII
the term "emergency work" shall mean that work which
the Board deems reasonably necessary to avoid further
damage, destruction or substantial diminution in
value to the improvements and to reasonably protect
the owners from liability for the condition of the
site.
13.04 Restoration by Board
13.04.1 Unless prior to the commence-
ment of repair and restoration work (other than emer-
gency work referred to in subsection 13.03.2) the
owners shall have decided not to repair and recon-
struct in accordance with the provisions of either
subsection 13.05.3 or 13.06.3, the Board shall prompt-
ly repair and restore the damage and destruction, use
the available insurance proceeds therefor, and pay for
the actual cost of repair and restoration in excess
of insurance proceeds secured as a common expense
which shall be specially assessed against all apart-
ments in proportion to their percentage of interest
in the common areas.
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13.04.2 The Board shall have the au-
thority to employ architects and attorneys, advertise
for bids, let contracts to contractors and others,
and to take such other action as is reasonably neces-
sary to effectuate the repair and restoration. Con-
tracts for such repair and restoration shall be award-
ed when the Board, by means of insurance proceeds and
dufficient assessments, has provision for the cost
thereof. The Board may further authorize the insur-
ance carrier to proceed with repair and restoration
upon satisfaction of the Board that such work will
be appropriately carried out.
13.04.3 The Board may enter into a
written agreement in recordable form with any repu-
table financial institution or trust or escrow com-
pany that such firm or institution shall act as an
insurance trustee to adjust and settle any claim for
such loss in excess of $50,000, or for such firm or
institution to collect the insurance proceeds and
carry out the provisions of this Article.
13.05 Limited Damage; Assessment Under
$3,500. If the amount of the estimated assessment
determined under subsection 13.01.4 does not exceed
$3,500 for any one apartment, then the provisions of
this Section 13.05 shall apply:
13.05.1 Either the Board or a requi-
site number of owners, within fifteen (15) days af-
ter the notice required under Section 13.02 has been
given, may, but shall not be required to, call a spe-
cial owners' meeting in accordance with subsection
8.04.2 to consider such repair and restoration work.
Any meeting called under this subsection 13.05.1
shall be convened not less than ten (10) and not more
than twenty (20) days after the date of such notice
of meeting.
13.05.2 Except for emergency work,
no repair and restoration work shall be commenced
until after said fifteen (15) day period and until
after the conclusion of said special meeting if such
meeting is called within said fifteen (15) days.
13.05.3 A unanimous decision of the
apartment owners will be required to avoid the provi-
sions of subsection 13.04.1 and to determine not to
repair and restore the damage and destruction; pro-
vided, that the failure of the Board or the owners
within said fifteen (15) day period to call for said
special meeting shall be deemed a unanimous decision
to undertake such work.
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13.06 Major Damage; Assessment Over
$3,500. If the amount of the estimated assessment
determined under subsection 13.01.4 exceeds $3,500
for any one apartment, then the provisions of this
Section 13.06 shall apply:
13.06.1 The Board shall promptly,
and in all events within sixty (60) days after the
date of damage or destruction, call a special owners'
meeting to consider repair and restoration of such
damage or destruction. If the Board fails to do so
within said sixty (60) day period, then notwithstand-
ing the provisions of subsection 8.04.2 any owner or
mortgagee may convene and conduct the meeting requir-
ed under this subsection.
13.06.2 Except for emergency work,
no repair and restoration work shall be commenced
until the conclusion of the special owners' meeting
required under subsection 13.06.1.
13.06.3 A concurring vote of more
than two-thirds (2/3) of the total voting power will
be required to avoid the provision of subsection
13.04.1 and to determine not to repair and restore
the damage and destruction; provided, however, that
failure of the Board, or owners, or mortgagee to
convene the special meeting required under subsec-
tion 13.06.1 within ninety (90) days after the date
of damage or destruction shall be deemed a unanimous
decision not to undertake such repair and restoration
work.
13.07 Decision Not to Restore; Disposition.
In the event of a decision under either subsections
13.05.3 or 13.06.3 not to repair and restore damage
and destruction, the Board may nevertheless expend
such of the insurance proceeds and common funds as
the Board deems reasonably necessary for emergency
work (which emergency work may include but is not
necessarily limited to removal of the damaged or des-
troyed buildings and clearing, filling and grading
the real property), and the remaining funds, if any,
and property shall thereafter be held and distribut-
ed as follows:
13.07.1 The property shall be owned
in common by the apartment owners and shall no longer
be subject to this Declaration or to condominium
ownership;
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13.07.2 The undivided interest in
the property owned in common which appertains to each
apartment owner shall be the percentage of undivided
interest previously owned by such owner in the common
areas and facilities;
13.07.3 Any mortgages or liens affect-
ing any of the apartments shall be deemed transferr-
ed in accordance with the existing priorities to the
percentage of the undivided interest of the apart-
ment owner in the property as provided herein; and
13.07.4 The property shall be subject
to an action for partition at the suit of any apart-
ment owner, in which event the net proceeds of sale,
together with the net proceeds of the insurance of
the property, if any, shall be considered as one
fund; such fund shall be divided into separate
shares, one for each apartment owner in a percentage
equal to the percentage of undivided interest owned
by each such owner in the property; then, after first
paying all mortgages and liens on the undivided in-
terest in the property owned by such apartment owner
out of the respective share of each apartment owner
(to the extent sufficient for the purpose), the ba-
lance remaining in each share shall be distributed
to each apartment owner respectively.
13.08 Miscellaneous. The provisions of
this Article XIII shall constitute the procedure by
which a determination is made by the apartment owners
to repair, restore, reconstruct or rebuild as provid-
ed in the Act. By the act of accepting an interest
in the property, each apartment owner and party claim-
ing by, through or under such owner hereby consents
and agrees to the provisions hereof. In the event
that any provision of this Article XIV shall be de-
termined to be invalid or unenforceable by any court
of competent jurisdiction, such determination shall
not affect the validity of any other provision of
this Declaration. The purpose of this Article XIII
shall be to provide a fair and equitable method of
allocating the costs of repair and restoration and
making a determination for repair and restoration if
all or a portion of the improvements are damaged or
destroyed. The provisions of this Article XIII shall
be liberally construed to accomplish such purpose.
By unanmmous vote, which vote shall be taken within
ninety (90) days after the damage or destruction, the
apartment owners may determine to do otherwise than
provided in this Article XIII.
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XIV. CONDEMNATION
14.01 Consequences of Condemnation. If
at any time or times during the continuance of the
condominium ownership pursuant to this Declaration,
all or any part of the property shall be taken or
condemned by any public authority or sold or other-
wise disposed of in lieu of or in advance thereof,
the provisions of this Article XIV shall apply.
14.02 Proceeds. All compensation, da-
mages, or other proceeds therefrom, the sum of which
is hereinafter called the "Condemnation Award," shall
be payable to the Association.
14.03 Complete Taking. In the event that
the entire property is taken or condemned, or sold
or otherwise disposed of in lieu of or in avoidance
thereof, the condominium ownership pursuant hereto
shall terminate. The Condemnation Award shall be ap-
portioned among the owners in proportion to their re-
spective undivided interests in the common areas;
provided, that if a standard different from the value
of the property as a whole is employed to measure the
Condemnation Award in the negotiation, judicial de-
cree, or otherwise, then in determining such shares
the same standard shall be employed to the extent it
is relevant and applicable. On the basis of the fore-
going principle, the Board shall as soon as practica-
ble determine the share of the Condemnation Award to
which each owner is entitled. After first paying out
of the respective share of each owner, to the extent
sufficient for the purpose, all mortgages and liens
on the interest of such owner, the balance remaining
in each share shall then be distributed to each owner
respectively.
14.04 Partial Taking. In the event that
less than the entire property is taken or condemned,
or sold or otherwise disposed of in lieu of or in
avoidance thereof, the condominium ownership hereun-
der shall not terminate. Each owner shall be entitl-
ed to a share of the Condemnation Award to be deter-
mined in the following manner:
14.04.1 As soon as practicable the
Board shall, reasonably and in good faith, allocate
the Condemnation Award between compensation, damages,
or other proceeds.
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14.04.2 The Board shall approtion
the amounts so allocated to taking of or injury to
the common areas which in turn shall be apportioned
among owners in proportion to their respective un-
divided interests in the common areas.
14.04.3 The total amount allocated
to severance damages shall be apportioned to those
apartments which were not taken or condemned.
14.04.4 The respective amounts allo-
cated to the taking of or injury to a particular
apartment and/or improvements an owner had made
within his own apartment shall be apportioned to
the particular apartment involved.
14.04.5 The amount allocated to con-
sequential damages and any other takings or injuries
shall be apportioned as the Board determines to be
equitable in the circumstances.
14.04.6 If an allocation of the Con-
demnation Award is already established in negotia-
tion, judicial decree, or otherwise, then in allo-
cating the Condemnation Award the Board shall employ
such allocation to the extent it is relevant and
applicable.
14.04.7 Distribution of apportioned
proceeds shall be made to the respective owners and
their respective mortgagees in the manner provided
in Section 15.03.
XV. COMPLIANCE WITH DECLARATION
15.01 Enforcement. Each owner shall com-
ply strictly with the provisions of this Declaration
and with the Bylaws and administrative rules and re-
gulations passed hereunder, as the same may be law-
fully amended from time to time, and with all deci-
sions adopted pursuant to this Declaration and the
Bylaws and administrative rules and regulations.
Failure to comply shall be grounds for an action to
recover sums due for damages, or injunctive relief,
or both, maintainable by the Board acting through
its officers on behalf of the owners, or by the ag-
grieved owner on his own.
15.02 No Waiver of Strict Performance.
The failure of the Board in any one or more instances
to insist upon the strict performance of any of the
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terms, covenants, conditions or restrictions of
this Declaration, or of the Bylaws, or to exercise
any right or option contained in such documents, or
to serve any notice or to institute any action, shall
not be construed as a waiver or relinquishment for
the future of such term, covenant, condition or re-
striction, but such term, covenant, condition or re-
striction shall remain in full force and effect. The
receipt by the Board of any assessment from an owner,
with knowledge of any such breach, shall not be deem-
ed a waiver of such breach, and no waiver by the
Board of any provision hereof shall be deemed to have
been made unless expressed in writing and signed for
the Board. This section also extends to Declarant
or Declarant's managing agent, exercising the powers
of the Board during the initial period of operation
of the Association and the condominium development.
XVI. LIMITATION OF LIABILITY
16.01 Liability for Utility Failure, Etc.
Except to the extent covered by insurance obtained
by the Board pursuant to Article XIII, neither the
Association nor the Board (nor Declarant nor Declar-
ant's managing agent exercising the powers of the
Board) shall be liable for the following: any failure
of any utility or other service to be obtained and
paid for by the Board; injury or damage to person or
property caused by the elements, or resulting from
electricity, water, rain, dust or sand which may lead
or flow from outside or from any parts of the build-
ings, or from any of its pipes, drains, conduits,
appliances, or equipment, or from any other place;
or for inconvenience or discomfort resulting from any
action taken to comply with any law, ordinance or
orders of a governmental authority. No diminution
or abatement of common expense assessments shall be
claimed or allowed for any such utility or service
failure, or for such injury or damage, or for such
inconvenience or discomfort.
16.02 No Personal Liability. So long as a
Board member, or Association committee member, or
Association officer, or Declarant or Declarant's
managing agent exercising the powers of the Board, has
acted in good faith, without willful or intentional
misconduct, upon the basis of such information as may
be possessed by such person, then no such person shall
be personally liable for any damage, loss or preju-
dice suffered or claimed on account of any act, omis-
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sion, error or negligence of such person; provided,
that this section shall not apply where the conse-
quences of such act, omission, error or negligence
are covered by insurance obtained by the Board pur-
suant to Article XIII.
16.03 Indemnification of Board Members.
Each Board member or Association committee member,
or Association officer, or Declarant or Declarant's
managing agent exercising the powers of the Board,
shall be indemnified by the owners against all ex-
penses and liabilities, including attorney's fees,
reasonably incurred by or imposed in connection with
any proceeding to which such person may be a party,
or in which such person may become involved, by rea-
son of being or having held such position, or any
settlement thereof, whether or not such person holds
such position at the time such expenses or liabili-
ties are incurred, except in such cases wherein such
person is adjudged guilty of willful misfeasance or
malfeasance in the performance of his duties; pro-
vided, that, in the event of a settlement, the indem-
nification shall apply only when the Board approves
such settlement and reimbursement as being for the
best interests of the Association.
XVII. MORTGAGEE PROTECTION
17.01 Priority of Mortgages. Norwithstand-
ing all other provisions hereof and as provided in
the Act, the liens created under this Declaration up-
on any apartment for assessments shall be subject to
the rights of the secured party in the case of any
indebtedness secured by mortgages or deeds of trust
which were made in good faith and for value upon the
apartment. Where such mortgagee of the apartment,
obtains possession of an apartment as a result of
mortgage foreclosure or deed of trust sale, such
possessor and his successors and assigns, shall not
be liable for the share of the common expenses or
assessments by the Association chargeable to such
apartment which become due prior to such possession,
but will be liable for the common expenses and as-
sessments accruing after such possession. Such un-
paid share of common expenses or assessments shall
be deemed to be common expenses collectible from all
of the apartment owners including such possessor, his
successor and assigns.
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17.02 Change in Manager. In the event
that professional management is employed by the As-
sociation, at least thirty (30) days' notice of any
contemplated change in the professional manager shall
be given to any institutional first mortgagee or in-
stitutional deed of trust beneficiary which has re~
quested to be notified, and the agreement with such
professional manager shall permit cancellation on
thirty (30) days' written notice and shall have a
term not in excess of one (1) year.
17.03 Abandonment of Condominium Status.
Except when acting pursuant to the provisions of the
Act involving damage, destruction, or condemnation,
the Association shall not, without consent of all
institutional first mortgagees and institutional first
deed of trust beneficiaries of any apartment, seek
to abandon the condominium status of the property,
or to abandon, encumber, sell or transfer any of the
common areas.
17.04 Partitions and Subdivisions. The
Association shall not partition or subdivide any
apartment or the appurtenant common and limited com-
mon areas, or accept any proposal so to do, without
the prior approval of all institutional first mort-
gagees or institutional first deed of trust benefi-
ciaries of the apartment being.subdivided or parti-
tioned.
17.05 Change in Percentage. The Associa-
tion shall not change the percentages of interest in
the common areas without the prior approval of all
institutional first mortgagees or institutional first
deed of trust beneficiaries of the apartments, for
which the percentages would be changed.
17.06 Copies of Notices. In the event
the Association gives to any owner of an apartment
any notice that such owner has for more than thirty
(30) days failed to meet any obligation under the
condominium documents, it shall also give a copy of
such notice to any institutional first mortgagee or
institutional first deed of trust beneficiary which
has requested to be so notified.
17.07 Effect of Declaration Amendments.
No amendment of this Declaration shall be effective
to modify, change, limit or alter the rights express-
ly conferred upon mortgagees in this instrument with
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respect to any unsatisfied mortgage duly recorded
unless the amendment shall be consented to in writ-
ing by the holder of such mortgage.
17.08 Insurance. Where the mortgagee of
an apartment as defined in Section 18.01 has filed
a written request with the Board, the Board shall:
17.08.1 Furnish the mortgagee with
a copy of any insurance policy or evidence thereof
which is intended to cover the apartment on which
such mortgagee has a lien;
17.08.2 Require any insurance car-
rier to give such mortgagee at least thirty (30)
days' written notice before cancelling or reducing
the coverage or limits of any insurance with respect
to such property on which mortgagee has a lien;
17.08.3 Not make any settlement of
any insurance claims for loss or damage to any such
apartment exceeding Five Thousand Dollars ($5,000)
without the approval of such mortgagee; provided,
that the withholding of such approval shall not be
unreasonable or in conflict with the provisions of
Article XIII.
17.08.4 Give the mortgagee written
notice of any loss or taking affecting common areas,
if such loss or taking exceeds One Thousand Dollars
($1,000).
17.09 Inspection of Books. Institutional
first mortgagees and institutional deed of trust be-
neficiaries shall be entitled to inspect at all rea-
sonable hours of weekdays all of the books and records
of the Association.
XVIII. MORTGAGEE'S RIGHTS AFTER FORECLOSURE
18.01 Apartment and Condominium Mortgagee.
Mortgagee of the apartment refers to the holder of
the mortgage or deed of trust on an apartment which
was recorded simultaneous with or after the recorda-
tion of this Declaration. Mortgagee of the condo-
minium refers to the holder of the deed of trust or
mortgage on the real property which this Declaration
affects and which was executed and recorded prior to
the recordation of this Declaration.
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18.02 Obtaining Declarant's Powers. In
the event the mortgagee of the condominium becomes
bound by this Declaration by granting one or more
partial releases or otherwise, and forecloses its
mortgage or deed of trust and obtains possessory
rights, legal title, or certificates of sale to the
unsold apartment or apartments and appurtenant com-
mon areas covered by the respective deed of trust or
mortgage liens, then the mortgagee of the condominium
may succeed to and assume, to the exclusion of De-
clarant, the powers of Declarant as set forth in
this Declaration.
18.03 Extention of Declarant's Powers.
In the event the mortgagee of the condominium com-
mences a foreclosure or accepts title to the unsold
units by deed in lieu of foreclosure, during the time
Declarant may perform all Board functions pursuant to
Section 9.01, then said powers conferred upon Decla-
rant by said section, and to which the mortgagee of
the condominium may succeed, shall be extended for
an additional two (2) years. The mortgagee of the
condominium shall be entitled to appoint a receiver
during the pendency of any foreclosure and said re-
ceiver shall immediately, upon appointment, succeed
to and assume the rights and powers of Declarant as
set forth in this Declaration, and the receiver shall
be entitled to sell unsold condominium units during
the pendency of said foreclosure, and said sale shall
be subject to confirmation by court order.
18.04 Liability of Mortgagee. In the event
the mortgagee of the condominium is conveyed the un-
sold apartment units in lieu of foreclosure, or ob-
tains possessory rights, legal title or purchaser's
certificate to said unsold apartments as a result of
the foreclosure of the mortgage or deed of trust co-
vering the condominium, then said mortgagee will be
liable for only that portion of any assessment against
any completed apartment unit so owned by mortgagee
(or to which mortgagee has a certificate of purchase)
for which Declarant would be liable under Section
12.08; provided, that in no event will the mortgagee'
be liable for any past due assessments which accrued
or became due prior to the time the mortgagee obtain-
ed possession by foreclosure or by deed in lieu of
foreclosure; and provided further, that after initial
sale if the mortgagee reacquires any apartment unit,
or if at any time the mortgagee retains any apartment
and grants, rents, or leases the same, the mortgagee
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shall be liable for the normal assessments for such
apartment unit.
XIX. EASEMENTS
19.01 In General. It is intended that in
addition to rights under the Act, each apartment has
an easement in and through each other apartment and
the common areas for all support elements and utili-
ty, wiring, heat and service elements, and for rea-
sonable access thereto, as required to effectuage and
continue proper operation of this condominium plan.
Without limiting the generality of the foregoing,
each apartment and all common areas are specifically
subject to an easement for the benefit of each of
the other apartments in the building for all duct
work for the several apartments for fireplaces and
associated flues or chimneys, if any. In addition,
each apartment and all the common areas are specifi-
cally subject to easements as required for the inter-
com and electrical entry system, if any, for the
electrical wiring and plumbing, for the air condi-
tioning lines and equipment, if any, for each apart-
ment, for the vacuum system roughed-in in each unit,
if any, for the intercom system, if any, and for the
master antenna cable system, if any. Finally, each
apartment as it is constructed is granted an ease-
ment to which each other apartment and all common
areas are subject for the location and maintenance of
all the original equipment and facilities and utili-
ties for each apartment. The specific mention or re-
servation of any easement in this Declaration does not
limit or negate the general easement for common faci-
lities reserved by law.
19.02 Association Functions. There are
hereby reserved to Declarant and the Association, or
their duly authorized agents and representatives,
such easements as are necessary to perform the duties
and obligations of the Association as are set forth
in the Declaration, or in the Bylaws, and the Asso-
ciation Rules.
19.03 Encroachments. Each apartment and
all common areas are hereby declared to have an ease-
ment over all adjoining apartments and common areas
for the purpose of accomodating any encroachment due
to engineering errors, errors in original construction,
settlement or shifting of the building, or any other
similar cause, and any encroachment due to building
-36-
overhang or projection. There shall be valid ease-
ments for the maintenance of said encroachments so
long as they shall exist, and the rights and obliga-
tions of owners shall not be altered in any way by
said encroachment, settling or shifting; provided,
however, that in no event shall a valid easement for
encroachment be created in favor of an owner or
owners if said encroachment occurred due to the will-
ful act or acts with full knowledge of said owner or
owners. In the event an apartment area or common
area is partially or totally destroyed, and then re-
paired or rebuilt, the owners agree that minor en-
croachments over adjoining apartments and common
areas shall be permitted, and that there shall be
valid easements for the maintenance of said encroach-
ments so long as they shall exist. The foregoing en-
croachments shall not be construed to the encumbrances
affecting the marketability of title to any apartment.
XX. PROCEDURES FOR SUBDIVIDING OR COMBINING
20.01 Procedure. Subdivisions and/or com-
bining of any apartment or apartments, common areas
and facilities are authorized only as follows:
20.01.1 Any owner of any apartment
or apartments may propose any subdividing or combin-
ing of an apartment or apartments, and appurtenant
common areas or limited common areas in writing, to-
gether with complete plans and specifications for ac-
complishing the same and a proposed amendment to the
Declaration, Survey Map and Plans covering such sub-
dividing or combining, to the Board, which shall then
notify all other apartment owners of the requested
subdivision or combination.
20.01.2 Upon written approval of such
proposal by sixty percent (60%) of the owners, the
owner making the proposal may proceed according to
such plans and specifications; provided that the Board
may in its discretion (but it is not mandatory that
the Board exercise this authority) require that the
Board administer the work or that provisions for the
protection of other apartments or common areas or
reasonable deadlines for completion of the work be
inserted in the contracts for the work.
20.01.3 The changes in the Survey
Map, if any, and the changes in the Plans and Declar-
ations shall be placed of record as amendments to the
Survey Map, Plans and Declaration of Condominium in
accordance with the provisions of Section 20.01.
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XXI. AMENDMENT OF DECLARATION, SURVEY MAP, PLANS
21.01 Declaration Amendment. Amendments
to the Declaration shall be made by an instrument in
writing entitled "Amendment to Declaration" which sets
forth the entire amendment. Except as otherwise spe-
cifically provided for in this Declaration, any pro-
posed amendment must be approved by a majority of the
Board prior to its adoption by the owners. Amendments
may be adopted at a meeting of the owners if sixty
percent (60%) of the owners vote for such amendment,
or without any meeting if all owners have been duly
notified and sixty percent (60%) of the owners consent
in writing to such amendment. In all events, the
amendment when adopted shall bear the signature of
the president of the Association and shall be attest-
ed by the secretary, who shall state whether the
amendment was property adopted, and shall be acknow-
ledged by them as officers of the Association. Amend-
ments once properly adopted shall be effective upon
recording in the appropriate governmental offices.
Any decision changing the values and percentage of
interest expressed herein shall require the unanimous
consent of the apartment owners and their mortgagees.
It is specifically covenanted and understood that any
amendment to this Declaration properly adopted will
be completely effective to amend any or all of the
covenants, conditions and restrictions contained here-
in which may be affected and any or all clauses of
this Declaration or Survey Map and Plans unless other-
wise specifically provided in the section being
amended or the amendment itself. This Declaration
shall not be amended or merged with a successor con-
dominium regime without prior written approval of
the Administrator of the Veterans Administration.
21.02 Map and Plans Amendment. Except as
otherwise provided herein, the Survey Map and Plans
may be amended by revised versions or revised portions
thereof referred to and described as to effect in an
amendment to the Declaration adopted as provided for
herein. Copies of any such proposed amendment to the
Survey Map and Plans shall be made available for the
examination of every owner. Such amendment to the
Survey Map and Plans shall also be effective, once
properly adopted upon recordation in the appropriate
county office in conjunction with the Declaration
amendment.
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21.03 Amendments by Declarant. Declarant
may at any time during the period of Declarant's
management authority provided under Section 9.01 re-
cord an amendment to the Declaration changing the
person who is to receive service of process and such
amendment need be acknowledged by Declarant and the
Administrator of the Veterans Administration and
need not otherwise comply with the requirements of
this Article XXI.
XXII~ MISCELLANEOUS
22.01 Service of Process. Gary R. Prisk,
whose business address is #15 Eagle Harbor Lane
N.E., Bainbridge Island, Wa. 98110, is the person up-
on whom process may be served as provided for in the
Act. After organization of the Association, service
of process for the purposes provided in the Act may
also be made upon the president of the Association.
The Board may at any time designate a new or differ-
ent person or agency for such purposes by filing an
amendment to this Declaration limited to the sole
purpose of making such change, and such amendment
need only be signed and acknowledged by the then
president of the Association. Declarant may, at any
time before the Board is organized, change such de-
signation by amendment to the Declaration signed and
acknowledged only by Declarant.
22.02 Notices for All Purposes.
22.02.1 Delivery of Notice. Any no-
tice permitted or required to be delivered under the
provisions of this Declaration or the Bylaws may be
delivered either personally or by mail. If delivery
is made by mail, any such notice shall be deemed to
have been delivered twenty-four (24) hours after a
copy has been deposited in the United States mail,
postage prepaid for first class mail, addressed to
the person entitled to such notice at the most recent
address given by such person to the Board, in writing,
for the purpose of service of such notice, or to the
most recent address known to the Board. Notice to
the owner or owners of any apartment shall be suffi-
cient if mailed to the apartment of such person or
persons if no other mailing address has been given to
the Board by any of the persons so entitled. Mail-
ing addresses may be changed from time to time by
notice in writing to the Board. Notice to be given
to the Board may be given to Declarant until the
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Association and Board have been constituted and
thereafter shall be given to the president or se-
cretary of the Board.
22.02.2 Mortgagee Notice. Upon
written request therefor, and for a period of three
years (or such longer time as the Board may set)
after such request, a vendor, mortgagee, or deed of
trust beneficiary of any apartment shall be entitled
to be sent a copy of any notices respecting the apart-
ment covered by his security instrument until the
request is withdrawn or the security right discharg-
ed. Such written request may be renewed an unlimit-
ed number of times.
22.03 Mortgagee's Acceptance
22.03.1 Priority of Mortgage. State
Savings and Loan Association holds a mortgage cover-
ing all of the property described in Exhibit A. Said
mortgagee shall not have executed this Declaration
at the time it is initially filed. This Declaration
shall not initially be binding upon said mortgagee
but rather shall be subject and subordinate to said
mortgage.
22.03.2 Acceptance Upon First Con-
veyance. Declarant shall not consummate the con-
veyance of title of any apartment until said mortga-
gee shall have accepted the provisions of this De-
claration and made appropriate arrangements, in ac-
cordance with the Act, for partial release of apart-
ments with their appurtenant limited common areas
and percentages of interest in common areas from the
lien of said mortgage. The issuance and recording of
the first such partial release by said mortgagee shall
constitute its acceptance of the provisions of this
Declaration and the condominium status of the apart-
ments remaining subject to its mortgage as well as
its acknowledgment that such appropriate arrange-
ments for partial release of apartments have been
made; provided, that, except as to apartments so re-
leased, said mortgage shall remain in full effect
as to the entire property.
22.04 Severability. The provisions here-
of shall be deemed independent and severable, and the
invalidity or partial invalidity or unenforceability
of any one provision or portion thereof shall not af-
fect the validity or enforceability of any other pro-
-40-
vision hereof, if the remainder complies with the
Act or as covenants effect the common plan.
22.05 Effective Date. This Declaration
shall take effect upon recording.
22.06 Reference to Survey Map and Plans.
The Survey Map and Plans of the buildings referred
to herein were filed with the Auditor of Kitsap
County, Washington, simultaneously with the record-
ing of this Declaration under File No.
in Volume of Condominiums, pages
XXIII. INTERPRETATION
23.01 Liberal Construction. The provi-
sions of this Declaration shall be liberally constru-
ed to effectuate its purpose of creating a uniform
plan for the development and operation of this Hori-
zontal Property Regime under the provisions of
Washington law. It is intended and covenanted also
that, insofar as it affects this Declaration and
condominium, the provisions of the Act referenced
herein under which this Declaration is operative,
shall be liberally construed to effectuate the in-
tent of this Declaration insofar as reasonably possi-
ble.
23.02 Covenant Running with Land. It is
intended that this Declaration shall be operative as
a set of covenants running with the land, or equita-
ble servitudes, supplementing and interpreting the
Act, and operating independently of the Act should
the Act be, in any respect, inapplicable.
23.03 Apartment and Building Boundary. In
interpreting the Survey Map and Plans, the existing
physical boundaries of the buildings and each apart-
ment as constructed shall be conclusively presumed to
be its boundaries.
23.04 "Person," etc. When interpreting
this Declaration, the term "person" may include
natural persons, partnerships, corporations, asso-
ciations, and personal representatives. The term
"mortgage" may be read to include deeds of trust.
The singular may include the plural and the mascu-
line may include the feminine, or vice versa, where
the context so admits or requires.
-41-
DECLARATION
AND
COVENANTS, CONDITIONS, RESTRICTIONS AND
RESERVATIONS
FOR
WINSLOW GREENS
A Condominium
EXHIBIT A
The East 401 feet of the South 317 feet as of the
Northeast quarter of the Plat of Subdivision of the
Southeast quarter of Section 27, township 25 North,
Range 2 East, W.M.; Volume 3, Page 73, records of
Kitsap County, Washington; Except Madison Avenue,
and except the South 20 feet for West Winslow Way
Road; All situate in Kitsap County, Washington.
23.05 Declarant is Original Owner. De-
clarant is the original owner of all apartments and
property and will continue to be deemed the owner
thereof except as conveyances or documents changing
such ownership regarding specifically described
apartments are filed of record.
23.06 Captions and Schedules. Captions
given to the various Articles and Sections herein
are for convenience only and are not intended to
modify or affect the meaning of any of the substan-
tive provisions hereof. The various schedules
referred to herein and attached hereto shall be
deemed incorporated herein by reference as though
fully set forth where such reference is made.
23.07 Inflationary Increase in Dollar
Limits. The dollar amounts specified in Articles
X, XII, XIV and SVIII may, in the discretion of
the Board, be increased proportionally by the in-
crease in the consumer price index for the
Seattle-Everett Metropolitan area for all urban
consumers, prepared by the United States Department
of Labor for the base period January 1, 1982.
XXIV. WARRANTY
24.01 Warranty for Apartment Unit.
Declarant warrants the Apartment unit for one year
from date of settlement or occupancy, whichever
occurs first, against construction defects.
24.02 Warranty for Common Areas.
Declarant warrants common areas for one year when
60% ownership votes be with the owners.
DATED this day of , 19
DECLARANT
WINSLOW GREENS INC.
a Washington Corporation
to be formed.
By
Gary R. Prisk, President
-42-
DECLARATION
AND
COVENANTS, CONDITIONS, RESTRICTIONS AND
RESERVATIONS FOR
WINSLOW GREENS
A Condominium
EXHIBIT B
Description of Living Apartments
Apartment Number Square Feet Bedrooms Baths
Building 1
1 1200 2 2
2 1200 2 2
3 1200 2 2
4 1200 2 2
5 1200 2 2
6 1200 2 2
7 1200 2 2
8 1200 2 2
9 1200 2 2
10 1200 2 2
Building 2
11 1200 2 2
12 1200 2 2
14 1200 2 2
15 1200 2 2
16 1200 2 2
17 1200 2 2
18 1200 2 2
19 1200 2 2
Building 3
20 1200 2 2
21 1200 2 2
22 1200 2 2
23 1200 2 2
24 1200 2 2
25 1200 2 2
26 1200 2 2
27 1200 2 2
28 1200 2 2
29 1200 2 2
30 1200 2 2
31 1200 2 2
32 1200 2 2
33 1200 2 2
34 1200 2 2
35 1200 2 2
B-1
DECLARATION
AND
COVENANTS, CONDITIONS, RESTRICTIONS AND
RESERVATIONS FOR
WINSLOW GREENS
A Condominium
EXHIBIT B
Description of Business Apartments
Apartment Number Square Feet
Building 1
A 1116
B 1078
C 1078
D 1078
Building 2
F 7~0
G 1078
H 1078
I 1116
Building 3
J 7~0
K 1078
L 1078
M 1166
N 1166
O 1078
P 1078
Q 7~
B-2
DECLARATION AND COVENANTS, CONDITIONS,
RESTRICTIONS, AND RESERVATIONS FOR
WINSLOW GREENS
EXHIBIT C
Description of Living Apartment Value and
Percentage of Interest
Apartment Number Square Feet Value
Building 1
1 1200 78,500
2 1200 79,500
3 1200 79,500
4 1200 79,500
5 1200 78,500
6 1200 83,500
7 1200 84,500
8 1200 84,500
9 1200 84,500
10 1200 83,500
Percentage
1.42
1 43
1 43
1 43
1 42
1 50
1 52
1.52
1.52
1.50
Building 2
11 1200 78,500 1.42
12 1200 79,500 1.43
14 1200 79,500 1.43
15 1200 78,500 1.42
16 1200 83,500 1.50
17 1200 84,500 1.52
18 1200 84,500 1.52
19 1200 83,500 1.50
Building 3
20 1200
21 1200
22 1200
23 1200
24 1200
25 1200
26 1200
27 1200
28 1200
29 1200
30 1200
31 1200
32 1200
33 1200
34 1200
35 1200
78,500
79,500
79,500
79,500
79,500
79,500
79,500
78,500
83,500
84.500
84.500
84500
84500
84500
84 500
83,500
1.42
1.43
1.43
1.43
1.43
1.43
1.43
1.42
1.50
1.52
1.52
1.52
1.52
1.52
1.52
1.50
C-1 PHASE I COMPLETED
DECLARATION AND COVENANTS, CONDITIONS,
RESTRICTIONS, AND RESERVATIONS FOR
WINSLOW GREENS
EXHIBIT C
Description of Business Apartment Value and
Percentage of Interest
Apartment Number Square Feet Value Percentage
Building 1
A 1116 109,800 3.282
B 1078 104,600 3,127
C 1078 99,300 2,968
D 1078 99,300 2.968
E 740 87,000 2,600
Building 2
F 740 87,000 2,600
G 1078 102,600 1,533
H 1078 102,600 1,533
I 1116 109,800 3,282
Building 3
J 740 87,000 2,600
K 1078 100,300 2.998
L 1078 98,100 2,932
M 1166 98,100 2.932
N 1166 98,100 2,932
O 1078 99,300 2.968
P 1078 102,600 1.533
Q 740 87,000 2.600
C-2
PROPOSED MONTHLY BUDGET
FOR
ASSOCIATION OF CONDOMINIUM OWNERS
FOR THE
WINSLOW GREENS
CONDOMINIUM
Per Ownership
Insurance
Fire & Liability
Utilities
Maintenance of Grounds
Exterior Maintenance of Residence
Total Average Monthly Fee
Average
$ 7.50
40.00
20.00
17.50
$ 85.00
WINSLOW GREENS CONDOMINIUM
INFOrmATION FACT SHEET
As an owner of a condominium apartment, you acquire
individual and absolute title to the particular cube
of space within the exterior walls of your home or
business. Your ownership of your apartment is as
complete and absolute as ownership of a house and
lot. You have title to your apartment just as you
would have title to a single family home - with the
same legal status and financial advantages that are
held by the single family house owner. You are only
liable for your own mortgage payments and not for
your neighbor's. In addition, you own an undivided
interest - collectively with all other apartment
owners in the building - in all of the "common" parts
of the property, such as the land, foundation, main
walls, roof, recreation building, stairways and so
forth.
Each residence owner is automatically a member of the
condominium homeowners' association. It is governed
by a board of directors elected by the homeowners at
their annual membership meeting. As a member, you
must pay an assessment to the association for your
share of the expenses of maintaining the common areas
and facilities. This monthly fee covers:
1. Fire and liability insurance.
2. Maintenance of the grounds.
3. Exterior maintenance of your residence.
4. Utilities charges (water, sewer & garbage).
The association does not provide owner's title insurance
and if such insurance is desired, it is the buyer's
responsibility to purchase it. The buyer must also
-1-
obtain his own insurance for personal property.
You may redecorate the interior of your residence
as you desire. Changes to the exterior of the re-
sidence must be approved by the homeowners' associa-
tion. This is necessary to maintain the architec-
tural beauty and the inherent values of the condo-
miniums. Indiscriminate changes and additions, if
permitted, could result in loss of value for both
you and your neighbors.
-2-
BYLAWS
OF
WINSLOW GREENS
CONDOMINIUM
ARTICLE I. OBJECT AND DEFINITIONS
1.1 Purpose. The purpose for which this Asso-
ciation is formed is to govern the condominium pro-
perty situate in the County of Kitsap, State of
Washington, which property has been submitted to the
provisions of the Horizontal Property Regimes Act of
the State of Washington by a Declaration entitled
"Declaration and Covenants, Conditions, Restrictions
and Reservations" establishing a plan for condominium
owners of Winslow Greens Condominium (hereafter re-
ferred to as the "Declarator")o
1.2 Assent. All present or future owners,
tenants, future tenants, or other persons using the
facilities of the project in any manner are subject
to the regulations set forth in these Bylaws. The
mere acquisition or rental of any of the condominium
apartments (hereinafter referred to as "apartments")
in the project or the mere act of occupancy of any of
said apartments shall constitute ratification of these
Bylaws.
1.3 Definitions. Unless otherwise specified,
all terms shall have the same meaning in these Bylaws
as such terms have in the Declaration. The term
"Owners" and "members" as used herein shall be synony-
mous.
ARTICLE 2. MEMBERSHIP, VOTING, MEETINGS AND ADMINIS-
TRATION
2.1 Matters Governed by Declaration. With re-
gard to various matters including menlbership, meetings,
and voting, reference is made to Article XIII of the
Declaration, which is incorporated herein as though
fully set forth.
2.2 Additional Administrative Provisions.
2.2.1 Majority of Owners. As used in .these
Bylaws the term "majority of owners" shall mean those
owners of more than fifty percent (50%) of the undi-
vided ownership of the general common areas.
-1-
2.2.2 Quorum. Except as otherwise pro-
vided in these Bylaws, the presence in person or by
proxy of a "majority of owners" as above defined shall
constitute a quorum. An affirmative vote of a majori-
ty of the owners present, either in person or by
proxy, shall be required to transact business; pro-
vided, however, that no business shall be transacted
unless a minimum of thirty percent (30%) of all of
the owners, either in person or by proxy, vote affirm-
atively, and no Board member shall be removed unless
a majority of unit owners vote affirmatively therefor.
2.2.3 Proxies. Votes may be case in per-
son or by proxy. Proxies shall be in writing and
the signatures must be witnessed or acknowledged.
Proxies must be filed with the Secretary before the
appointed time of each meeting. No proxy shall be
valid for a period longer than 11 months after the
date thereof.
2.2.4 Voting by Mail. The Baord may decide
that voting of the members shall be by mail with re-
spect to any particular election of the Board or with
respect to any proposed amendment to the Declaration
or Bylaws, or with respect to any other matter for
which approval by owners is required by the Declara-
tion or Bylaws, in accordance with the following pro-
cedure:
(a) In case of election of Board Members
by mail, the existing Board members shall advise
the Secretary in writing of the names of propos-
ed Board members sufficient to constitute a full
Board and of a date at least 50 days after such
advice is given by which all votes are to be re-
ceived. The Secretary within 5 days after such
advice is given shall give written notice of the
number of Board members to be elected and of the
anmes of the nominees to all owners of each mem-
bership. The notice shall state that any such
owner may nominate an additional candidate or
candidates, not to exceed the number of Board
members to be elected, by notice in writing to
the Secretary at the specified address of the
principal office of the Association, to be re-
ceived on or before a specified date 15 days
from the date the notice is given by the Secre-
tary. Within 5 days after such specified date
the Secretary shall give written notice to all
owners of a membership, stating the number of
-2-
Board members to be elected, stating the names
of all persons nominated by the Board and by the
members on or before said specified date, stat-
ing that each owner may cast a vote by mail and
stating the date established by the Board by
which such votes must be received by the Secre-
tary at the address of the principal office of
the Association, which shall be specified on the
notice. Votes received after that date shall
not be effective. All persons elected as Board
members pursuant to such an election by mail by
receipt of the number of votes required by ap-
plicable law shall take office effective on the
date specified in the notice for receipt of such
votes.
(b) In the case of a vote by mail relating
to any other matter, the Secretary shall give
written notice to all owners of each membership
which notice shall include a proposed written re-
solution setting forth a description of the pro-
posed action, and shall state that such persons
are entitled to vote by mail for or against such
proposal and stating a date not less than 20 days
after the date such notice shall have been given
on or before which all votes must be received
and stating that they must be sent to the speci-
fied address of the principal office of the Asso-
ciation. Votes received after that date shall
not be effective. Any such proposal shall be
adopted if approved by the affirmative vote of
not less than a majority of the votes entitled
to be cast on such question, unless a greater or
lesser voting requirement is established by the
Declaration or Bylaws for the matter in question.
(c) Delivery of a vote in writing to the
principal office of the Association shall be
equivalent to receipt of a vote by mail at such
address for the purpose of this ection 2.2.4.
2.2.5 Adjourned Meeting. If any meeting
of the owners cannot be organized because a quorum
has not attended, the owners who are present either
in person or by proxy, may adjourn the meeting to a
time not less than forty-eight hours from the time
the original meeting was called.
2.2.6 Order of Business. The order of
business at all meetings of the owners of apartments
shall be as follows:
-3-
A. Roll call.
B. Proof of Notice of meeting or waiver
of notice.
C. Reading of minutes of preceding meet-
ing.
D. Reports of officers.
E. Reports of committees.
F. Election of Board members (annual
meeting only).
G. Unfinished business.
H. New business.
ARCITLE 3. MANAGEMENT OF CONDOMINIUM
3.1 In General. The affairs of theAssociationsball
be governed by a Board which, after Declarant's
management authority ends, shall be composed of five
(5) members. With regard to initial management by
Declarant (or a temporary Board selected by Declar-
ant), transfer of management to the permanent Board,
and the Board's authority, reference is made to
Article IX of the Declaration, which is incorporated
herein as though fully set forth.
3.2 Additional Provisions Regarding Board.
3.2.1 Election and Term of Officers. The
members of the initial Board (that is the first Board
elected by the owners after Declarant's mangement
authority ends) shall serve for at least a one-year
term of office; provided, that at the Association
meeting at which the initial Board is elected, the
owners shall adopt voting procedures designed to as-
sure that the expiration dates for the terms of the
initial Board members are staggered.
3.2.2 Vacancies. Vacancies in the Board
caused by any reason other than the removal of a
Board member by a vote of the Association shall be
filled by a vote of the majority of the remaining
Board members, even though they may constitute less
than a quorum; and each person so elected shall be
a Board member until a successor is elected at the
next annual meeting of the Association.
-4-
3.2.3 Removal of Board Members. At any
regular meeting or at any special meeting called for
that purpose, any one or more of the Board members
may be removed with or without cause, by a majority
of all of the apartment owners, and a successor may
then and there be elected to fill the vacancy thus
crea~ed. Any Board member whose removal has been so
proposed by the owners shall be given an opportunity
to be heard at the meeting. Notwithstanding the
above, until Declarant's management authority ends,
only Declarant shall have the right to remove a Board
member.
3.2.4 Organization Meeting. The first
meeting of a newly elected Board shall be held imme-
diately following the annual meeting and no notice
shall be necessary to the newly elected Board members
in order legally to constitute such meeting.
3.2.5 Regular Meetings. Regular meetings
of the Board may be held at such time and place as
shall be determined, from time to time, by a majority
of the Board members, but at least two such meetings
shall be held during each fiscal year and one such
meeting shall be held immediately following the annual
meeting of owners. Notice of regular meetings of the
Board shall be given to each Board member, personally
or by mail, telephone or telegraph, at least three
days prior to the day named for such meeting.
3.2.6 Special Meetings. Special meetings
of the Board may be called by the President on three
days' notice to each Board member, given personally,
or by mail, telephone or telegraph, which notice
shall state the time, place (as hereinabove provided),
and purpose of the meeting. Special meetings of the
Board shall be called by the President or Secretary
in like manner and on like notice on the written re-
quest of at least two Board members.
3.2.7 Waiver of Notice. Before, at or
after any meeting of the Board, any Board member may,
in writing, waive notice of such meeting and such
waiver shall be deemed equivalent to the giving of
such notice. Attendance by a Board member at any
meeting of the Board shall be a waiver of notice by
him of the time and place thereof. If all the Board
members are present at any meeting of the Board, no
notice shall be required and any business may be
transacted at such meeting.
-5-
3.2.8 Quorum. At all meetings of the Board,
a majority thereof shall constitute a quorum for the
transaction of business, and the acts of the majority
of the Board members present at a meeting at which a
quorum is present shall be the acts of the Board. If,
at any meeting of the Board, there be less than a quo-
rum present, the majority of those present may adjourn
the meeting from time to time. At any such adjourned
meeting, any business which might have been transact-
ed at the meeting as originally called may be trans-
acted without further notice.
3.2.9 Fidelity Bonds. The Board may re-
quire that all officers and employees of the Associa-
tion handling or responsible for Association funds
shall furnish adequate fidelity bonds. The premiums
on such bonds shall be paid by the Association.
3.2.10 Board Fees. Each Board member
shall receive such sum as the owners may from time
to time determine, plus transportation expenses, for
attendance at any regular or special meeting of the
Board.
ARTICLE 4. OFFICERS
4.1 Designation. The officers of the Associa-
tion shall be a President, a Vice President, a Secre-
tary and a Treasurer, all of whom shall be elected by
the Board.
4.2 Election of Officers. The officers of the
Association shall be elected annually by the Board at
the organizational meeting of each new Board and shall
hold office at the pleasure of the Board. Any person
may hold concurrently any two offices (and may also
concurrently be a Board member), except that the same
person may not concurrently hold the offices of Presi-
dent and Secretary. The office of Vice President need
not be filled.
4.3 Removal of Officers. Upon an affirmative
vote of a majority of the members of the Board, any
officer may be removed, with or without cause, and
his successor elected at any regular meeting of the
Board, or at any special meeting of the Board called
for such purpose.
-6-
4.4 President. The President shall be the
chief executive officer of the Association. He shall
preside at all meetings of the Association and the
Board. He shall have all of the general powers and
duties which are usually vested in the office of the
President of a non-profit association including, but
not limited to, the power'to appoint committees from
among the owners from time to time as he may in his
discretion decide is appropriate to assist in the con-
duct of the affairs of the Association.
4.5 Vice President. A Vice President shall
have all the powers and authority and perform all of
the functions and duties of the President in the ab-
sence of the President or his anability for any rea-
son to exercise such powers and functions or perform
such duties.
4.6 Secretary. The secretary shall keep the
minutes of meetings of the Board and minutes of meet-
ings of the Association; he shall have charge of such
books and papers as the Board may direct; and he shall
in general perform all the duties incident to the
office of Secretary. The Secretary shall compile and
keep up to date at the principal office of the Asso-
ciation a complete list of members and their regis-
tered mailing addresses. Such list shall also show
opposite each member's name the numbe~ or other appro-
priate designation of the apartment owned by such
member. Such list shall be open to inspection by mem-
bers and other persons lawfully entitled to inspect
the same at reasonable times during regular business
hours.
4.7 Treasurer. The Treasurer shall have respon-
sibility for Association funds and shall be responsi-
ble for keeping full and accurate accounts of all re-
Ceipts and disbursements in books belonging to the
Association. He shall be responsible for the deposit
of all monies and other valuable effects in the name
and to the credit of the Association in such deposi-
tories as may from time to time be designated by the
Board.
4.8 Assistant Secretary. The Board may appoint
one or more AssiStant Secretaries to perform all of
the duties of the Secretary in the absence of the
Secretary.
-7-
4.9 Assistant Treasurer. The Board may appoint
one or more Assistant Treasurers to perform all of
the duties of the Treasurer in the absence of the
Treasurer.
ARTICLE 5. INDEMNIFICATION OF OFFICERS AND MANAGERS
5.1 Indemnification. The Association shall
indemnify every Board member or officer, and his or
her heirs, executors and administrators as provided
in Article XVI of the Declaration. Nothing contained
in said Article XVI shall, however, be deemed to ob-
ligate the Association to indemnify any member or
owner of a condominium apartment who is or has been
a Board member or officer of the Association with re-
spect to any duties or obligations assumed or liabi-
lities incurred by him under and by virtue of the
Condominium Delcaration as a member or owner of a
condominium apartment covered thereby.
ARTICLE 6. OBLIGATIONS OF OWNERS
6.1 In General. Each owner shall always en-
deabor to observe and promote the cooperative pur-
poses for the accomplishment of which Viking's Crest
Condominium was built and each owner shall comply
strictly with all provisions of the Declaration.
Without limiting the generality of the foregoing,
particular reference is made to Articles X, XI and
XV of the Declaration, which are incorporated herein
as though fully set forth.
6.2 Use of General Common Areas. Each owner
shall use the general common areas and the limited
common areas in accordance with the purpose for which
they were intended without hindering or encroaching
upon the lawful rights of the other owners.
6.3 Right of Entry.
6.3.1 An owner shall permit the managing
Agent or other person authorized by the Board the
right of access to the owner's apartment from time
to time during reasonable hours as may be necessary
for the maintenance, repair or replacement of the
common areas, or at any time deemed necessary by the
Managing Agent or Board for the making of emergency
repairs or to prevent damage to any of the common areas.
-8-
6.3.2 An owner shall permit the Managing
Agent or other persons authorized by the Board, or
other owners, or their representatives, when so re-
quired, to enter his apartment for the purpose of
performing installations, alterations or repairs to
the mechanical or electrical services, or to the apart-
ments of such other owners; provided that requests
for entry are made in advance and that such entry is
at a time convenient to the owner. In case of an
emergency, such right of entry shall be immediate.
6.4 Power of Attorney. Each owner shall, upon
becoming an owner of a condominium apartment, execute
a power of attorney in favor of the Association, ir-
revocably appointing the Association his attorney-in-
fact to maintain, repair and improve the buildings
and common areas, and to deal with the owner's condo-
minium apartment upon its destruction or obsolescence
and regarding insurance proceeds as is provided in
the Declaration. The purpose of such execution shall
be more fully to evidence such appointment, but fail-
ure to execute such power of attorney shall in no
way derogate from the appointment provided in the De-
claration.
ARTICLE 7. BYLAWS
7.1 Amendments. Bylaws (and amendments there-
to) for the administration of the Association and the
property, and for other purposes not inconsistent with
the Act or with the intent of the Declaration, shall
be adopted by the Association by concurrence of those
voting owners holding sixty percent (60%) of the vot-
ing power at a regular or special meeting. Notice of
the time, place and purpose of such meeting shall be
delivered to each apartment owner at least ten (10)
days prior to such meeting.
ARTICLE 8. MORTGAGES
8.1 Notice to Association. An owner who mort-
gages his apartment shall notify the Association
through the Managing Agent, if any, or the President
of the Board, giving the name and address of his
mortgagee. The Association shall maintain such in-
formation in a book or list entitled "Mortagees of
Apartments."
-9-
8.2 Notice Of Unpaid Assessments. The Asso-
ciation shall at the request of a mortgagee of an
apartment report any unpaid assessments due from the
owner of such apartment.
ARTICLE 9. EVIDENCE OF OWNERSHIP, REGISTRATION OF
MAILING ADDRESS AND REQUIRED PROXIES
9.1 Proof of Ownership. Any person on becom-
ing an owner of a condominium apartment shall fur-
nish to the Managing Agent or Board a photocopy of
a certified copy of the recorded instrument vesting
that person with an interest or ownership, which
instrument shall remain in the files of the Associa-
tion. A member shall not be deemed to be in good
standing nor shall he be entitled to vote at any
annual or at a special meeting of members unless
this requirement is first met.
9.2 Registration of Mailing Address. The
owners of each condominium apartment shall have one
and the same registered mailing address to be used by
the Association for mailing monthly statements, no-
tices, demands and all other communications; and such
registered address shall be the only mailing address
of a person or persons, firm, corporation, partner-
ship, association or other legal entity or any com-
bination thereof to be used by the Association. Such
registered address of a condominium apartment owner
or owners shall be furnished by such owners to the
Secretary within five (5) days after transfer of
title; such registration shall be in written form and
signed by all of the owners of the condominium apart-
ment or by such persons as are authorized by law to
represent the interests of (all of) the owners there-
of. If no such address is registered or if all of
the owners cannot agree, then the address of the
apartment shall be the registered address until an-
other registered address is furnished as permitted
under this section. Registered addresses may be
changed from time to time by similar designation.
9.3 Completed Requirement. The requirements
contained in this Article shall be first met before
an owner of a condominium apartment shall be deemed
in good standing and entitled to vote at any annual
or special meeting of members.
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ARTICLE 10. CONFLICT WITH DECLARATION OR LAW
These Bylaws are intended to comply with and
supplement the requirements of the Washington
Horizontal Property Regimes Act and the Declaration.
If any of these Bylaws conflict with the provisions
of said statute or Declaration, the provisions of
the statute and Declaration will apply.
ARTICLE 11. NON-PROFIT ASSOCIATION
This Association is not organized for profit.
No member, member of the Board, or person from whom
the Association may receive any property or funds
shall receive or shall be lawfully entitled to receive
any pecuniary profit from the operations thereof, and
in no event shall any part of the funds or assets of
the Association be paid as salary or compensation to,
or distributed to, or inure to the benefit of any
members of the Board. The foregoing, however, shall
neither prevent nor restrict the following:
(1) reasonable compensation may be paid to any member
or manager while acting as an agent or employee of the
Association for services rendered in effecting one or
more of the purposes of the Association, and (2) any
member or Board member may, from time to time, be
reimbursed for his actual and reasonable expenses
incurred in connection with the administration of the
affairs of the Association.
ARTICLE 12. FISCAL YEAR
The fiscal year of the Association shall begin
on January 1 and end on De-ember 31.
ADOPTED this day of , 19
DECLARANT:
WINSLOW GREENS INC.
a Washington Corporation
to be formed
By
Gary R. Prisk, President
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