RES 84-11 ASSESSMENT FOR LID 3A-98RESOLUTION NO. 84-11
A RESOLUTION OF THE CITY OF WINSLOW,
WASHINGTON, ORDERING SEGREGATION OF
SPECIAL ASSESSMENTS FOR LID 3A-98
AND 3A-106.
The City Council of the City of Winslow, Washingto~ resolves
as follows:
The City Council determined on May 3, 1984 that the
segregation requested by James and Barbara Carlson for
the property short plat no. 1 and no. 2 be made and the
City Treasurer shall make the segregation ordered hereby
on the original roll for Assessments LID 3A-98 and LID
3A-106.
2. Amount and date of the original assessment.
ASSESSMENT NO.
3A-98
3A-106
TAX NO.
272502-1-036-2000
272502-1-070-2007
AMOUNT
$20,266.76
20,266.44
ROLL DATE
April 7, 19~0
April 7, 1980
Amount due to the City for reasonable engineering and
clerical costs together with the $10.00 for each tract
of land for which the segregation is made: $180.00
Legal description of the original tracts as shown on the
original assessment roll:
3A-98
Short Plat No. 1
Property Tax No. 272502-1-036-2000
Sec. 27, T 25N, R 02E,
SE 1/2, SE 1/4, NW 1/4, NE 1/4
3A-106
Short Plat No. 2
Property Tax No. 272502-1-070-2007
Sec. 27, T 25, R 02E,
N 1/2, NE 1/4, SW 1/4, NE 1/4
Conveyed by Aud. No. 1055370 subject to Public use for
Lovell Avenue NWly
Alg Ely in thof.
Boundaries of divided parts are shown on Exhibit (1), Short
Plat 1 consisting of Lots A, B, C, and D; and Exhibit (2),
Short Plat 2 consisting of Lots A, B, C, and D.
SegregateJ Assessmenhs:
Assessment No. 3A-98 tax lot 272502-1-036-2000
Short Plat No. 1
Total principal due less matured principal $17,226.74
New Tax No.
272502-1-036-2000
272502-1-103-2008
272502-1-104-2007
272502-1-105-2006
New Assessment No.
Lot A $5,'730.57 3A-186
Lot B 2,885.62 3A-187
Lot C 2,893.71 3A-188
Lot D 5,716.84 3A-189
Total $~7,226.74
PAGE 2
RESOLUTION NO. 84-11
Assessment No. 3A-106 tax lot 272502-1-070-2007
Short Plat No. 2
Total principal due less matured principal $17,226.48
New Tax No.
272502-1-070-2007 Lot A
272502-1-106-2005 Lot B
272502-1-107-2004 Lot C
272502-1-108-2003 Lot D
$5,711.59
2,891.91
2,895.38
5,727.60
New Assessment No.
3A-190
3A-191
3A-192
3A-193
Adopted by the City Council of the City of Winslow, Washington,
this 17 day of ~av , 1984.
ATTEST:
Clerk/Treasurer
COMPUTATIONS FOR
JAMES W. and BARBARA CARLSON
SEGREGATION of ASSESSMENTS 3A-98 and 3A-106
Exhibit (1)
Segregation L I D 3A-98 Original Assessment $20,266.76
Property Tax No. 272502-1-036-2000
Short Plat No. 1
Original Asessment
Zone 1 9947.70 X .015000
2 9947.70 X .008333
3 9947.70 X .006666
4 9947.70 X .003333
5 178,289.32 X .001666
Total Zoned Units
Zoned Units 628.61 X cost per unit $32.2406 = $20,266.76
Total Original Principal 20,266.76
Less Matured Paid 3,040.02
Total Unmatured Principal Due $17,226.74
149.22
82 89
66 31
33 16
297 03
628 61
272502-1-103-2008
272502-1-104-2007
New tax no.
272502-1-036-2000
272502-1-105-2006
Zone 1 9947.70 X .015000
2 9947.70 X .008333
3 9947.70 X .006666
4 9947.70 X .003333
5 178~283.31 X .001666
Total Zoned Units
50.06%
49.94%
49.93%
50.07%
100.'0'7D'0'
Exhibit (2)
Segregation L I D 3A-106 Original Assessment
Property Tax No. 272502-1-070-2007
Short Plat No. 2
Original Assessment $20,266.44
Total zoned units 628.60 X cost per unit $32.2406 = $20,266.44
Total Original Principal 20,266.44
Less Matured Paid 3,039.96
Total Unmatured Principal Due $17,226.48
Lot A 209.1106 X $27.40449 = $ 5730.57
Lot D 208.6094 X 27.40449 = 5716.84
Lot B 105.2973 X 27.40449 = 2885.62
Lot C 105.5926 X 27.40449 = 2893.71
$17,226.74
= 149 22
= 82.89
= 66 31
= 33 16
= 297.07
628.60
Assessment amount to be segregated per short plat 1, Lots A, B, C, and D
(as attached): Lots A and D front on Lovell Avenue with the first 120'
being zones 1 through 4 and the remaining 150' zone 5 for a total of
417.72 zoned units (Lot A 50.06% and Lot D 49.94%). Lot B and C are
entirely in zone 5 and have a total of 210.89 zoned units (Lot B 49.93%
and Lot C 50.07%).
Total unmatured principal due $17,226.74 divided by zoned units 628.61 =
$27,40449 per zoned unit.
PAGE 2
Carlson
3A-98 & 3A-106
Assessment amount to be segregated per short plat 2, Lots A, B, C, and D
(as attached):
Lots A and D front on Lovell Avenue with the first 120' being zones
1 through 4 and the remaining 150' zone 5 for a total of 417.42 zoned
units (Lot A 49.93% and Lot D 50.07%). Lot B and C are entirely in
zone 5 and have a total of 211.18 zoned units (Lot B 49.97% and Lot C
50°03%).
Total unmatured princiral due $17,226.48 divided by zoned units
628.60 = $27.40452 per zoned unit.
New tax no.
272502-1-070-2207
272502-1-108-2003
272502-1-106-2005
272502-1-107-2004
49.93% Lot A 208.41780
50.07% Lot D 209.00219
100.~'0'
49.97% Lot B 105.5266
50.03% Lot C 105.6534
10'D'j'0'
X $27.40452 = $5711.59
X 27.40452 = 5727.60
X 27.40452 = 2891.91
X 27.40452 = 2895.38
$17,226.48
BOWEN DEVELOPMENT COMPANY
11685 N.t-2. SLinsc't L()op
Bainl)rid,,4c Island, ~,Vashinglon 98110
(206) 842-6068
April 22, 1984
Mr. Alfonso R. Grajeda
Land Use Administrator
City of Winslow
P.O. Box 10100
Winslow, WA 98110
RE: Shoreline Management Substantial Development permit sought by
Bowen Development Company
Dear A1:
In the Hearing Examiner's Finds of Fact Section X it states that "no
condominium covenant, covering such particularly sensitive matters as
maintenance of landscaping and moorage restrictions was filed. Applicant
intends to file the proposed covenants when applying for the building
permit." This matter was also raised at the City Council meeting held
on April t9, 1984.
The Condominium Declaration and Covenants, Conditions, Restrictions,
and Reservations for the proposed four unit project at 255 Shannon
Drive S.E. will be essentially the same, with few modifications, as
those recorded for a previous condominium project constructed by Bowen
Development Company located at 560 Wood Avenue SW called Williamson
Landing (copy attached). The Condominium Declarations for the Shannon
Drive project cannot be finalized at this time because "as built"
drawings and a survey are required and the information for some of the
Exhibits will not be available until a future date. However, the City
of Winslow can rest assured that the issues raised in the Nearing
Examiner's Findings of Fact Section X will be adequately covered in the
Condominium Declarations.
Section 18.3 Goods and Services states that "the Board shall acquire and
pay for as common expenses of the condominium all goods and services
reasonably necessary or convenient for the efficient and orderly
functioning of the condominium. By way of illustration and not limitation,
the goods and services may include utility services for the common areas
and facilities; policies of insurance and fidelity bonds; legal and
accounting services; maintenance, repair; landscaping, gardening and
general upkeep of the common andlimited common areas and facilities;
and all supplies, materials, fixtures and equipment that are in the
Board's judgment necessary or desirable for the operation of the
condominium and enjoyment of it by the owners. The Board may hire such
full-time or part-time employees as it considers necessary."
Article XI MOORAGES of the attached Condominium Declaration will be
rewritten as fo"6llows:
Section 11.1 Use. Modifications or removal of the existin9 floating
dock will req'ui're the unanimous approval of all the condominium owners.
Moorage at the dock will be limited to four permanent slips for water-
craft owned by the condominium owners, and for casual, occasional moorage
of vessels owned by friends of the condominium owners.
Section 11.2 Tideland Lease. The Homeowners Association is the holder
of State of Washington Department of Natural Resources (D.N.R.) Tideland
Lease No. g170 covering the harbor area on which the floating dock is
situated for a term of nine (q) years, with the preferential right to
renew the lease when it expires in May, 1993.
A careful review of the other provisions of the attached Condominium
Declaration should assure the City Council that the proposed condominium
project at 255 Shannon Drive S.E. will be maintained in the same manner
as Williamson Landing and that it will be a valuable asset to the
community.
Unless I hear otherwise, I will assume that this correspondence plus
the attachment fully addresses the concerns brought up by the Hearing
Examiner and the City Council. A final copy of the Condominium Declaration
will be submitted to your office for your approval prior to completion
of the project.
It would be most appreciated if you would distribute copies of this
correspondence and the attachment to the members of the City Council
and other interested parties.
Sincerely,
Richard G. Bowen
President
cc: Alice B. Tawresey
RGB:kw
COVENANTS,
~j,-,~,,-- ~'F'//a FILED FOR RECORD
1982 JUt 22 ~ I1:57
Si-iE~,~:(IL I~,UFF
I(ITSAP COUNI'¥ AUDITOR
DEPUTY
DECLARATION
AND
CONDITIONS, RESTRICTIONS AND RESERVATIONS
FOR
WILLIAMSON LANDING
A Condominium
J
820722008
TABLE OF CONTENTS
ARTICLE I:
DEFINITIONS
Section 1.1
Section 1.2
Section 1.3
Words Defined .
Form of Words . . .
Statutory Definitions
ARTICLE II: SUBMISSION OF THE PROPERTY
TO THE CONDOMINIUM STATUTE .
ARTICLE III: DESCRIPTION OF LAND
ARTICLE IV: DESCRIPTION OF BUILDING
ARTICLE V:
APARTMENT NUMBERS, LOCATION
AND DESCRIPTION
Section 5.1
Section 5.2
Section 5.3
Building Location
Apartment Location .
Apartment Description .
ARTICLE VI:
COMMON AREAS AND FACILITIES
Section 6.1 Description
Section 6.2 Use
ARTICLE VII:
LIMITED COMMON AREAS AND FACILITIES
Section 7.1 Description
Section 7.2 Appurtenant to Apartments .
(i)
8207220089
ARTICLE VIII:
ACCESS ..... 8
Section 8.1 Access to Common Areas 8
Section 8.2 Access to Public Streets . 8
ARTICLE IX:
VALUE OF PROPERTY AND EACH APARTMENT
AND PERCENTAGE OF UNDIVIDED INTEREST IN
COMMON AREAS AND FACILITIES . .
ARTICLE X:
PARKING . . 9
Section 10.1 Assignment to Apartments . 9
Section 10.2 Use of Parking Spaces 9
ARTICLE XI:
MOORAGES 10
Section 11.1 Use .... 10
Section 11.2 Easements . . 10
Section 11.3 Tideland Lease . 11
ARTICLE XII:
USE AND MAINTENANCE OF APARTMENTS . . . 11
Section 12.1
Section 12.2
Section 12.3
Section 12.4
Section 12.5
Section 12.6
Section 12.7
Section 12.8
Section 12.9
Residential Use . . . 11
Leases .... 11
Maintenance of Apartments
and Limited Common Areas 12
Exterior Appearance . . 13
Effect of Insurance . 13
Alteration of Common Area . 13
Signs . 14
Pets ..... 14
Offensive Activity . . 14
ARTICLE XIII: ENTRY FOR REPAIRS
14
ARTICLE XIV: SERVICE OF PROCESS .....
· . 15
8207220089
(ii)
763
ARTICLE XV:
ASSOCIATION OF APARTMENT OWNERS .
Section 15.1
Section 15.2
Section 15.3
Section 15.4
Section 15.5
Section 15.6
Section 15.7
Section 15.8
Section 15.9
Section 15.10
Section 15.11
Section 15.12
Form of Association .
Qualification for
Membership
Transfer of Membership
Number of Votes . .
Voting Representative .
Joint Owner Disputes
Pledged Votes . .
Annual and Special Meetings
Audits .
Books and Records
Bylaws .
Inspection of
Condominium Documents,
Books and Records
16
16
16
17
17
17
18
18
19
19
19
· 20
20
ARTICLE XVI:
NOTICES
Section 16.1
Section 16.2
Section 16.3
21
Form and Delivery of Notice 21
Notice to Mortgagees . 21
Notice of Conveyance 22
ARTICLE XVII:
ADMINISTRATION OF PROPERETY AND
RIGHTS RETAINED BY DECLARANT .
Section 17.1
Section 17.2
Section 17.3
Section 17.4
Section 17.5
· 23
Transition Date .... 23
Declarant's Powers Until
Transition Date . . 23
Transfer of Administration 24
Obtaining Declarant's
Powers . 24
Extension of Declarant's
Powers . 25
(iii)
82072200S
ARTICLE XVIII:
AUTHORITY OF THE BOARD . .
Section 18.1
Section 18.2
Section 18.3
Section 18.4
Section 18.5
25
Adoption of Rules
and Regulations . . 25
Enforcement of
Declaration, Etc. . . 26
Goods and Services . . 26
Managing Agent . · 27
Protection of Proprety . 27
ARTICLE XIX:
BUDGET AND ASSESSMENT FOR EXPENSES . .
Section 19.1
Section 19.2
Section 19.3
Section 19.4
Section 19.5
Section 19.6
Section 19.7
Section 19.8
Section 19.9
Section 19.10
Preparation of Budget .
Monthly Assessments for
Common Expenses
Special Assessments . . .
Notice of Assessment o
Payment of
Monthly Assessments .
Proceeds Belong to
Association
Limitation on Assessments . .
Failure to Assess . .
Certificate of
Unpaid Assessments .
Separate Accounts .
· 28
28
29
29
29
30
30
30
31
31
31
ARTICLE XX:
LIEN AND COLLECTION OF ASESSMENTS
Section 20.1
Section 20.2
Section 20.3
Section 20.4
Section 20.5
Section 20.6
Section 20.7
32
Assessments Are a
Lien; Priority . 32
Lien May be Foreclosed 33
Assessments Are
Personal Obligations 33
Late Charges and Interest
on Delinquent Assessments . 34
Recovery of
Attorneys' Fees and Costs . 34
Remedies Cumulative . 34
Security Deposit . . . 35
(iv)
8207 Z0080
ARTICLE XXI:
COMPLIANCE WITH DECLARATION
Section 21.1
Section 21.2
Enforcement .
No Waiver of
Strict Performance
35
35
35
ARTICLE XXII:
LIMITATION OF LIABILITY . . .
Section 22.1
Section 22.2
Liability for
Utility Failure, Etc.
No Personal Liability
36
36
37
ARTICLE XXIII: INDEMNIFICATION
37
ARTICLE XXIV:
INSURANCE
Section 24.1
Section 24.2
Section 24.3
Section 24.4
Section 24.5
Section 24.6
Section 24.7
General Requirements
Casualty Insurance
Comprehensive Public
Liability Insurance
Additional policy
Provisions . .
Fidelity Bonds
Owners' Individual
Insurance .
Insurance Proceeds
38
38
39
41
· 41
43
44
44
ARTICLE XXV:
DAMAGE AND REPAIR OF DAMAGE TO PROPERTY .
Section 25.1
Section 25.2
Section 25.3
Section 25.4
Section 25.5
Section 25.6
Section 25.7
Initial Board Determination
Notice of Damage
Definitions: Damage,
Repair, Emergency Work
Execution of Repairs .
Damage Not Substantial
Substantial Damage . .
Effect of Decision
Not to Repair ....
45
45
46
46
47
48
49
50
(v)
820722008. 766
ARTICLE XXVI:
CONDEMNATION
Section 26.1
Section 26.2
Section 26.3
Section 26.4
Section 26.5
Consequences of
Condemnation; Notices
Proceeds . .
Complete Taking .
Partial Taking
Reconstruction and Repair
52
52
52
52
53
54
ARTICLE XXVII:
EASEMENTS . . .
Section 27.1
Section 27.2
Section 27.3
In General
Encroachments
Easement Specifically
Reserved by Declarant
55
55
55
56
ARTICLE XXVIII:
AMENDMENTS OF DECLARATION,
SURVEY MAP AND PLANS
Section 28.1
Section 28.2
Section 28.3
Amendments by
the Association . .
Subdividing and Combining
Common Areas. .
Requirement of
Mortgagee Approval
56
· . 56
· 57
58
ARTICLE XXIX: ABANDONMENT OR TERMINATION OF CONDOMINIUM STATUS ......
58
ARTICLE XXX: SEVERABILITY .
59
ARTICLE XXXI: EFFECTIVE DATE
ARTICLE XXXII: REFERENCE TO SURVEY MAP AND PLANS .
59
ARTICLE XXXIII: ASSIGNMENT BY DECLARANT
· . 60
(vi)
82072Z608
ARTICLE I
DEFINITIONS
Section 1.1 Words Defined. For the purposes of this Decla-
ration and any amendments hereto, the following definitions shall
apply.
A. Apartment shall mean a residential unit
composed of a suite of rooms and other enclosed spaces in the
building. The boundaries of an apartment are the unfinished
interior surfaces of its perimeter walls, floors, ceilings,
windows and doors, and the apartment includes both the portions
of the building so described and the air space so encompassed.
B. Articles shall mean Articles of Incorpora-
tion of the Association defined below which may be adopted by the
Board or Declarant.
C. Association shall mean the Association of
Apartments Owners described in Article XV of this Declaration.
D. Board shall mean the Board of Directors of
the Association.
Association.
E. Bylaws shall mean the Bylaws of the
820722008n
- 1 -
F. Common Area and Common Areas and Facilities
shall mean the common areas and facilities described in Article 6
and in Article 7.
G. Condominium shall mean the horizontal
property regime created by this Declaration.
H. Condominium Statute shall mean the Horizon-
tal Property Regimes Act of the State of Washington, Laws of
1963, Chapter 156, presently codified in Chapter 64.32, Revised
Code of Washington, and amendments thereto.
I. Declarant shall mean EAGLE HARBOR LIMITED
PARTNERSHIP, a Washington Limited Partnership, its representa-
tives, successors and assigns.
J. Declaration shall mean this Declaration and
Covenants, Conditions, Restrictions and Reservations for
WILLIAMSON LANDING as it may hereafter be amended.
apartment.
K. Owner shall mean the legal owner of an
L. Person shall mean an individual, corpo-
ration, partnership, association, trustee or other legal entity.
769
8g072 008 ~ 2 -
M. Property shall mean the land and the
buildings and all improvements and structures now or hereafter
placed on the land described in Schedule A.
N. Survey Map and Plans shall mean the survey
map and the plans recorded simultaneously with this Declaration
and any amendments, corrections and addenda thereto subsequently
recorded.
Section 1.2 Form of Words. The singular form of words
shall include the plural and the plural shall include the
singular. Masculine, feminine and neuter pronouns shall be used
interchangeably.
Section 1.3 Statutory Definitions. Some of the terms
defined above are also defined in the Condominium Statute. The
definitions in this Declaration are not intended to limit or
contradict the definitions in the Condominium Statute. If there
is any inconsistency or conflict, the definition in the
Condominium Statute will prevail.
ARTICLE II
SUMBISSION OF THE PROPERTY TO THE CONDOMINIUM STATUTE
Declarant, being the sole owner of the
property, makes this Declaration for the purpose of submitting
the property to the condominium form of use and ownership and to
the provisions of the Horizontal property Regime Act, RCW 64.32.
Declarant declares that the property shall be held, used, con-
veyed, encumbered, leased, occupied, rented and improved subject
to the covenants, conditions, restrictions, reservations and
easements stated in this Declaration, all of which are in
furtherance of the division of the property into condominium
apartments and common areas and facilities and shall be deemed to
run with the land and be a burden and benefit to Declarant and
all persons who own or acquire an interest in the property or any
part thereof, and their guarantees, successors, heirs, executors,
administrators and assigns.
ARTICLE III
DESCRIPTION OF LAND
The land on which the buildings and improve-
ments provided for in this Declaration are located is described
in Schedule A attached hereto.
ARTICLE IV
DESCRIPTION OF BUILDING
building with three
The building shall
exterior walls finished with cedar shingles. The
parking garage shall be constructed of concrete.
The condominium consists of a single apartment
floors and an underground parking garage.
be constructed of wood and glass with the
underground
The building
contains two apartments on each floor for a total of six apart-
ments. All apartments enjoy the common areas and limited common
areas described in Article VI and Article VII, respectively.
ARTICLE V
APARTMENT NUMBERS, LOCATION AND DESCRIPTION
Section 5.1 Building Location. The condominium building is
located at 560 Wood Avenue S.W., Winslow, Washington 98110.
Section 5.2 Apartment Location. Each apartment is identi-
fied by a number. The first digit represents the floor and
individual numbers, such as 01 or 02, represent each apartment.
The parking space which is appurtenant to a particular apartment
is identified by a number corresponding to that identifying the
appurtenant apartment.
Section 5.3 Apartment Description. In Schedule B attached
hereto, each apartment is described by apartment number, floor
location, kind and number of rooms in the apartment, deck and
total square footage of floor area of apartment.
ARTICLE VI
COMMON AREAS AND FACILITIES
Section 6.1 Description. The common areas and facilities
consist of those specified in the Condominium Statute, as well as
the following:
8 207 2 20 O 8 O - 5 - ~[~L25~FR 772
A. The land described in Schedule A.
B. The roofs, foundations, studding, joists,
beams, supports, main walls (excluding only nonbearing interior
partitions of apartments) and all other structural parts of the
building, to the unfinished interior surfaces of the apartments'
perimeter walls, floors, ceilings, windows and doors; that is, to
the boundaries of the apartments as boundaries are defined in the
Condominium Statute, 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.
C. The pipes, wires, conduits, TV antennae and
other fixtures and equipment for utilities.
D. The grounds, trees, gardens, landscaped
areas, exterior fixtures, walkways and driveways.
E. The parking spaces not made limited common
areas appurtenant to apartments pursuant to Article X.
F. A storage area to be used for storage of
property belonging to the Association is a common area.
820'7226080 - 6 - Et256F 773
Section 6.2 Use. Each apartment owner shall have the right
to use the common areas and facilities (except the limited common
areas and facilities reserved for other apartments) in common
with all other apartment owners. The right to use the common
areas and facilities shall extend not only to each apartment
owner, but also to his agents, servants, tenants, family members,
invitees and licensees. The right to use the common areas and
facilities, including the limited common areas and facilities,
shall be governed by the provisions of the Condominium Statute,
this Declaration, the Bylaws and the Rules and Regulations of the
Association. The granting of easements for public utilities or
for other public purposes consistent with the intended use of the
common areas and facilities by the apartment owners and occupants
shall not be deemed a partition or division.
ARTICLE VII
LIMITED COMMON AREAS AND FACILITIES
Section 7.1 Description. Some common areas and facilities,
called limited common areas and facilities, are reserved for the
exclusive use of the apartment or apartments to which they are
adjacent or assigned. They consist of the following:
A. The area and deck which is adjacent to each
apartment as more particularly shown on the Survey Map and Plans.
8207gg0089 _ _ RE L258FR 774
B. Parking spaces assigned to each apartment
as more particularly shown on the Survey Map and plans.
buildings.
C. The attics and crawl spaces in the
Section 7.2 Appurtenant to Apartments. Conveyance of an
apartment includes the exclusive rights to the use of the limited
common areas and facilities appurtenant to that apartment.
ARTICLE VIII
ACCESS
Section 8.1
direct access
driveways.
Access to Common Areas.
to common areas, walks,
Each apartment has
parking areas and
Section 8.2 Access to Public Streets. Such common areas
have a direct access to a public street. The right to an egress
from each apartment shall be perpetual and appurtenant to each
apartment.
8207220089
ARTICLE IX
VALUE OF PROPERTY AND EACH APARTMENT AND PERCENTAGE OF
UNDIVIDED INTEREST IN COMMON AREAS AND FACILITIES
For the purpose of meeting certain requirements
of the Condominium Statute, the value of the property is estab-
lished to be $1,595,000.00. The value of each apartment and
percentage of undivided interest in the common areas and
facilities appertaining to each apartment and its owner for all
purposes, including voting, are set forth in Schedule C attached
hereto. The values do not necessarily reflect the amount for
which an apartment will be sold by Declarant, or others, and
will not be altered by variations in selling prices.
ARTICLE X
PARKING
Section 10.1 Assignment to Apartments. Assignment of two
parking spaces in the underground garage to each apartment shall
be made by Declarant. Declarant shall record as an amendment to
this Declaration a schedule showing final assignment of parking
and such amendment shall require only the signature of Declarant.
The owner of each apartment has the unqualified right to use the
underground garage.
Section 10.2 Use of Parking Spaces. Open parking spaces may
be used for the parking of operable passenger motor vehicles, and
82 0 7 2 2 0 0 8 O 776
- 9 -
use of such open parking spaces for parking trucks, trailers or
recreational vehicles, or for other purposes, shall be pro-
hibited. The Board may prohibit or restrict the parking of
automobiles owned by apartment owners or their tenants in the
parking spaces held for common parking. The Board may direct
that any vehicle or other thing improperly parked or kept in a
parking space be removed, and if it is not removed within seven
(7) days, the board may cause it to be removed at the risk and
cost of the owner thereof.
ARTICLE XI
MOORAGES
Section 11.1 Use. The Williamson Landing Marina is a
separate and distinct entity from the Williamson Landing
Condominium. As such, the Marina facilities are not common areas
or limited common areas of the condominium. Use of the Marina is
subject to the Articles, Bylaws, Rules and Regulations of the
Williamson Landing Marina Association, Inc., whose membership is
limited to the owners of the lease contracts for the moorage
slips.
Section 11.2 Easements. The Williamson Landing Marina
Association, Inc. has been granted a perpetual easement, running
with the land, giving the Association right of access to the
underground utilities and the non-exclusive use of the parking
stalls adjacent to the condominium and the stairway to the Marina
facilities.
8207220089 - lo - RE[t25 FR 777
Section 11.3 Tideland Lease. The Williamson Landing Marina
Association, Inc. is the holder of State of Washington
Department of Natural Resources (D.N.R.) Tideland Lease No. 10957
covering the harbor area on which the marina is situated for a
term of thirty (30) years, with the preferential right to renew
the lease when it expires in August, 2008. In the event the
Tideland Lease is renewed, the Williamson Landing Condominium
Owners Association and each apartment owner shall assist in the
renewal of the Tideland Lease.
ARTICLE XII
USE AND MAINTENANCE OF APARTMENTS
Section 12.1 Residential Use. The building and apartments
are intended for and restricted to use as single family resi-
dences only, on an ownership, rental or lease basis, and for
social, recreational or other reasonable activities normally
incident to such use, and for the purposes of operating the
Association and managing the condominium if required. In addi-
tion to the foregoing, Declarant may use apartments it owns as
sales offices and models for sales of apartments.
Section 12.2 Leases. No apartment owner or other person
shall be permitted to lease or otherwise rent an apartment for a
term of less than thirty (30) days. No lease or rental of an
apartment may be of less than the entire apartment. Any lease
8207226089
- 11 -
or rental agreement must provide that its terms shall be subject
in all respects to the provisions of this Declaration and the
Bylaws, Rules and Regulations of the Association and that any
failure by the tenant to comply with the terms of such documents
shall be a default under the lease or rental agreement. All
leases and rental agreements shall be delivered to the Associa-
tion before the tenancy commences. Other than as stated in this
Section 12.2, there is no restriction on the right of any apart-
ment owner to lease or otherwise rent his apartment.
Section 12.3 Maintenance of Apartments and Limited Common
Areas. Each apartment owner shall, at the owner's sole expense,
keep the interior of the apartment and its equipment, appliances
and appurtenances in a clean and sanitary condition, free of
rodents and pests, and in good order, condition and repair. Each
apartment owner shall do all redecorating and painting at any
time necessary to maintain the good appearance and condition of
the apartment. Each owner shall be responsible for the
maintenance, repair or replacement of any plumbing fixtures,
water heaters, fans, heating equipment, electrical fixtures or
appliances which are in the apartment or portions thereof that
serve that apartment only, and shall replace any glass in the
windows and in the exterior doors of the apartment that becomes
cracked or broken. Each apartment owner will be responsible for
care, maintenance, cleanliness and orderliness of the limited
common areas that are appurtenant to the apartment, except that
sweeping and maintenance of the parking areas shall be the
87 0'72,20089 - 12 - RE[25GF
responsibility of the Association. Owners may not, however,
modify, paint or otherwise decorate, or in any way alter their
respective limited common areas without prior written approval of
the Board.
Section 12.4 Exterior Appearance. In order to preserve a
uniform exterior appearance of~ the building, the Board shall
provide for the staining of the building and prescribe the type
and color of stain. No owner may modify or decorate the exterior
of the building, or screens, doors, awning or other portions of
any apartment visible from outside the apartment without the
prior consent of the Board or in accordance with rules or regula-
tions of the Board. No exterior radio or television antennae may
be installed without the prior written consent of the Board.
Section 12.5 Effect on Insurance. Nothing shall be done or
kept in any apartment or in any common area which will increase
the rate of insurance on the property without the prior written
consent of the Board. Nothing shall be done or kept in any
apartment or in any common area which shall result in the
cancellation of insurance on any part of the property, or which
would be in violation of any laws.
Section 12.6 Alteration of Common Area. Nothing shall be
altered or constructed in or removed from any common area or
facility except upon the prior written consent of the Board.
8207220089 - 13 - RE[[25GFR 780
Section 12.7 Signs. No sign of any kind shall be displayed
to the public view on or from any apartment or common area or
limited common area. This section shall not apply to Declarant.
Section 12.8 pets. No pets, animals, livestock or poultry
shall be raised or bred in any apartment or in the common or
limited common areas. Dogs, cats or other conventional household
pets may be kept on the premises 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 pet which it
finds is disturbing other owners unreasonably, and may exercise
this authority for specific animals even though other pets are
permitted to remain.
Section 12.9 Offensive Activity. No noxious or offensive
activity shall be carried on in any apartment or common area, nor
shall anything be done therein which may be or become an
annoyance or nuisance to other owners.
ARTICLE XIII
ENTRY FOR REPAIRS
The Association and its agents or employees may
enter any apartment and limited common areas appurtenant thereto
to effect repairs, improvements, replacements or maintenance
deemed by the Board to be necessary in the performance of its
duties, to do necessary work that the apartment owner has failed
-14- [ t256F 781
8207228089
to perform, or to prevent damage to the common areas and facili-
ties or to another apartment. Except in cases of great emergency
that preclude advance notice, the Board shall cause the apartment
occupant to be given notice and an explanation of the need for
entry as far in advance of entry as is reasonably practicable.
Such entry shall be made with as little inconvenience to the
owners and occupants as practicable. Any damage caused by such
entry shall be repaired by the Association as a common expense
unless the repairs or maintenance were necessitated by the acts
or default of the owner or occupant of the apartment entered, in
which event the costs of the repairs or maintenance shall be
specially assessed to that Apartment.
ARTICLE XIV
SERVICE OF PROCESS
Richard G. Bowen, 11685 N.E. Sunset Loop,
Bainbridge Island, Washington 98110 is the person upon whom
process may be served as provided for in the Condominium Statute.
After organizationof the Association, service of process for the
purposes provided in the Condominium Statute shall be made upon
the registered agent of the Association. The Board may at any
time designate a different person for such purpose by filing an
amendment to this Declaration limited to the sole purpose of
making such change, and such amendment need be signed and
acknowledged only by the president of the Association.
- 15 -
8207220089
ARTICLE XV
ASSOCIATION OF APARTMENT OWNERS
Section 15.1 Form of Association. The owners of apartments
shall constitute an Association of Apartment Owners as defined in
the Condominium Statute. Initially the Association may be an
unincorporated association. The Board, or Declarant until such
time as the Board is selected, may at any time if deemed
advisable in the exercise of its sole discretion, without
necessity of plat or approval or other action by the members
being necessary, cause such unincorporated association to be
converted to a non-profit corporation under the laws of the State
of Washington; provided, that the rights and duties of the
members of the Association shall always be governed by the provi-
sions of the Condominium Statute.
Section 15.2 Qualification for Membership. Each fee owner
of an apartment (including Declarant) shall be a member of the
Association and shall be entitled to one membership for each
apartment 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 Declara-
tion, and the Bylaws, except as hereinafter limited, and shall be
the voting representative unless otherwise specified. Ownership
of an apartment shall be the sole qualification for membership in
the Association and Declarant shall be considered an "owner" as
that term is used herein, and shall be the voting representative
with respect to any apartment owned by Declarant.
Section 15.3 Transfer of Membership. The Association mem-
bership of each apartment owner (including Declarant) shall be
appurtenant to the apartment giving rise to such membership, and
shall not be transferred in any way except upon the transfer of
title to the apartment and then only to the transferee of title
to the apartment. Any attempt to make a prohibited transfer
shall be void. Any transfer of title to an apartment shall
operate automatically to transfer the membership in the Associa-
tion to the new owner.
Section 15.4 Number of Votes. The total voting power of all
owners shall be One Hundred (100) votes and the total number of
votes available to the owner of any one apartment shall be equal
to the percentage of undivided interest in the common areas and
facilities appertaining to the apartment. A person (including
Declarant) who owns more than one apartment shall have the votes
appertaining to each apartment owned.
Section 15.5 Voting Representative. An apartment owner may,
by written notice to the Board, designate a voting representative
for the apartment. The voting representative need not be an
owner. The designation may be revoked at any time by written
notice to the Board from a person having an ownership interest in
the apartment, or by actual notice to the Board of the death or
[t SGFR
8207220089 -17-
judicially declared incompetence of any person with an ownership
interest in the apartment, except in cases in which the person
designated is a mortgagee of the apartment. This power of desig-
nation and revocation may be exercised by the guardian of an
apartment owner, the attorney-in-fact for the owner under a
durable power of attorney, and the administrators or executors of
an owner's estate. If no designation has been made, or if a
designation has been revoked and no new designation has been
made, the voting representative of each apartment shall be the
group composed of all of its owners. If an apartment is owned by
husband and wife and only one of them is at a meeting, the one
who is present will represent the marital community.
Section 15.6 Joint Owner Disputes. The vote for an apart-
ment must be cast as a single vote. Fractional votes shall not
be allowed. If joint owners are unable to agree how their vote
shall be cast, they shall lose their right to vote on the matter
in question.
Section 15.7 Pledged Votes. If an owner is in default under
a first mortgage on the apartment for ninety (90) consecutive
days or more, the mortgagee shall automatically be authorized to
declare at any time thereafter that the apartment owner has
pledged his or her vote on all issues to the mortgagee during the
continuance of the default. If the Board has been notified of
any such pledge to a mortgagee, only the vote of the mortgagee
will be recognized on the issues that are subject to the pledge.
8207220089 - is - E[[25 F 755
Section 15.8 Annual and Special Meetings. There shall be an
annual meeting of the members of the Association in the first
quarter following the end of each fiscal year at such reasonable
place and time as may be designated by written notice from the
Board delivered to the owners no less than thirty (30) days
before the meeting. Special meetings of the members of the
Association may be called at any time, in the manner provided in
the Bylaws, for the purpose of considering matters which require
the approval of all or some of the owners, or for any other
reasonable purpose. Any first mortgagee of an apartment may
attend or designate a representative to attend the meetings of
the Association.
Section 15.9 Audits. The Board, or persons having sixty
percent (60%) of the voting power of the Association, may require
that an audit of the Association and management books be
presented at any special meeting. An apartment owner, at his or
her expense, may at any reasonable time conduct an audit of the
books of the Board and Association.
Section 15.10 Books and Records. The Board shall cause to be
kept complete, detailed and accurate books and records of the
receipts and expenditures of the Association in a form
complies with generally accepted accounting principles.
books and records shall be audited once
outside of the Association.
that
Such
a year by an auditor
- 19 -
8207220089
Section 15.11 Bylaws. Before the Transition Date Declarant
shall adopt Bylaws to supplement this Declaration, to provide for
the administration of the Association and the property. The
Bylaws shall not be inconsistent with the Condominium Statute or
this Declaration. Declarant may amend the Bylaws from time to
time until the Transition Date. After the Transition Date the
Bylaws may be amended by the affirmative vote of sixty percent
(60%) of the voting power at any duly called regular or special
meeting of the Association.
Section 15.12 Inspection of Condominium Documents, Books and
Records. During normal business hours and at other reasonable
times this Declaration, the Articles, the Bylaws and other rules
governing the operation of the condominium shall be available for
inspection by the apartment owners, apartment mortgagees, pros-
pective purchasers and their prospective mortgagees, and the
agents or attorneys of any of them and, in addition, at such
times the books and records, authorizations for payment of
expenditures, and all contracts, documents, papers, and other
records of the Association shall be available for inspection by
the apartment owners, apartment mortgagees and the agents or
attorneys of either of them.
82072,20089 - 20 - ; EEt'25 F
ARTICLE XVI
NOTICES
Section 16.1 Form and Delivery of Notice. All notices given
under the provisions of this Declaration, the Bylaws or Rules and
Regulations of the Association shall be in writing and may be
delivered either personally or by mail. If delivery is made by
mail, the notice shall be deemed to have been delivered on the
third day of regular mail delivery after it has been deposited in
the United States mail, first class, postage prepaid, addressed
to the person entitled to such notice at the most recent address
known to the Board. Notice to the owner of any apartment shall
be sufficient if mailed to the apartment if no other mailing
address has been given to the Board. Mailing addresses may be
changed by notice in writing to the Board. Notice to the Board
shall be given to Declarant until the Transition Date and
thereafter shall be given to the President or Secretary of the
Association.
Section 16.2 Notice to Mortgagees. Any mortgagee of an
apartment may file with the Secretary of the Board a written re-
quest that it be given copies of notices. Until such time there-
after as the mortgagee withdraws the request or satisfies the
mortgage of record, the Board shall send to the requesting mort-
gagee a copy of (1) all notices of meetings of the Association;
(2) all other notices sent to the owner of the apartment covered
by the mortgagee's mortgage; (3) audited financial statements
prepared pursuant to Section 15.9;
8207220080 - -
(4)
notices of any intention
[ I25GF 758
of the Association to transfer any part of the common areas,
facilities or to abandon condominium status; and (5) prompt
notice of any default in an apartment owner's obligations under
any of the documents that create or govern the condominium, or
its rules and regulations, that is not cured within thirty (30)
days of the date of default. Institutional holders of first
mortgages on the apartments shall be entitled to notices under
Article XXV (Damage and Repair of Damage to Property) and Article
XXVI (Condemnation) irrespective of whether they have filed
requests for notices. The provisions of this Section 16.2 shall
prevail over any inconsistent or contrary provisions in this
Declaration or Bylaws.
Section 16.3 Notice of Conveyance. The right of an apart-
ment owner to sell, transfer or otherwise convey the apartment
shall not be subject to any right of approval, disapproval, first
refusal or similar restriction by the Association or the Board or
anyone acting on their behalf. An owner intending to sell an
apartment shall deliver a written notice to the Board, at least
two (2) weeks before closing, specifying the apartment being
sold; the name and address of the purchaser, of the closing
agent, and of the title insurance company insuring the
purchaser's interest; and the estimated closing date. The Board
shall have the right to notify the purchaser, the title insurance
company, and the closing agent of the amount of unpaid assess-
ments and charges outstanding against the apartment, whether or
not such information is requested.
- 22 -
ARTICLE XVII
ADMINISTRATION OF PROPERTY AND RIGHTS RETAINED BY DECLARANT
Section 17.1 Transition Date. The "Transition Date" shall
be the date control of the condominium passes from Declarant to
the Association of Apartment Owners. The Transition Date will be
either (1) the date designated by Declarant in a written notice
to the owners, which date may at Declarant's election be any date
after this Declaration has been recorded; or (2) one year from
the date that Declarant has transferred title to purchasers of
apartments representing sixty percent (60%) of the total voting
power of all apartment owners; or (3) the third anniversary of
the recording of this Declaration, whichever of the foregoing
occurs first.
Section 17.2 Declarant's Powers Until Transition Date.
Until the Transition Date, Declarant shall have the full power
and authority to exercise all of the rights, duties and functions
of the Board of Directors and the Officers of the Association,
including but not limited to the adoption of rules and regula-
tions, contracting for the purchase of goods and services, buying
insurance and collecting and expending all assessments and other
Association funds. Declarant shall have the power to contract
with an experienced professional managing agent and delegate to
the managing agent all of the powers and duties of the Board that
the Board is authorized to delegate under Section 18.4. All such
820?220089 - 23 -
management contracts made by Declarant shall be subject to the
same requirements as are set forth in Section 18.4 for management
contracts made by the Board. Declarant may at such times as it
deems appropriate select and from time to time replace an Interim
Board of three (3) directors, who need not be apartment owners or
purchasers, who shall have all the powers, duties and functions
of the Board of Directors. Any contract made by Declarant, its
managing agent or the Interim Board (including management con-
tracts) that would otherwise extend beyond the Transition Date
shall be terminable by the Board after the Transition Date upon
thirty (30) days' notice.
Section 17.3 Transfer of Administration. On the Transition
Date the authority and responsibility to administer and manage
the Association and the condominium, subject to this Declaration
and the Bylaws, shall pass to the Association. The Association
shall be governed by a Board of three (3) directors elected from
among the apartment owners. Declarant, its managing agent or the
Interim Board of Directors will call a meeting of the Association
to be held before the Transition Date for the purpose of electing
the first Board.
Section 17.4 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 fore-
closes its mortgage or acquires a deed in lieu of the fore-
closure, and obtains possessory rights, legal title or
8207220089 - 24-
certificates of sale to the unsold apartment or apartments and
appurtenant common areas covered by the respective deed of trust
or mortgage liens, then the mortgagee of the condominium may
succeed and assume to the exclusion of the Declarant, the powers
of the Declarant set forth in this Declaration.
Section 17.5 Extention of Declarant's Powers. In the event
that the Declarant's obligation to the mortgagee of the condo-
minium has not been paid in full at the time that Declarant's
management power has expired under Section 17.1, then the powers
conferred upon the Declarant by Section 17.2 and to which the
mortgagee of the condominium may succeed, shall be extended for
an additional two (2) years. The mortgagee of a condominium
shall be entitled to appoint a receiver during the pendency of
any foreclosure and the receiver shall immediately, upon appoint-
ment, succeed to and assume the rights and powers of the
Declarant as set forth in this Declaration, and the receiver
shall be entitled to sell unsold condominium units during the
pendency of such foreclosure, and the sale shall be subject to
confirmation by court order.
ARTICLE XVIII
AUTHORITY OF THE BOARD
Section 18.1 Adoption of Rules and Regulations. The Board
is empowered to adopt, amend and revoke on behalf of the
Association detailed administrative rules and regulations
8207220080 - 25 - k[t2,SCFl ?9:2
necessary or convenient to ensure compliance with the general
guidelines of this Declaration and to promote the comfortable use
and enjoyment of the property. The Condominium Declaration and
the Bylaws and the Rules and Regulations of the Association shall
be binding upon all apartment owners and occupants and all other
persons claiming any interest in the condominium.
Section 18.2 Enforcement of Declaration, Etc. The Board (or
Declarant, Declarant's managing agent, or the Interim Board of
Directors until the Transition Date) shall have the power and the
duty to enforce the provisions of this Declaration, the Bylaws,
and the Rules and Regulations of the Association, as the same may
be lawfully amended from time to time, for the benefit of the
Association.
Section 18.3 Goods and Services. The Board shall acquire
and pay for as common expenses of the condominium all goods and
services reasonably necessary or convenient for the efficient and
orderly functioning of the condominium. By way of illustration
and not limitation, the goods and services may include utility
services for the common areas and facilities; policies of insur-
ance and fidelity bonds; legal and accounting services;
maintenance, repair, landscaping, gardening and general upkeep of
the common and limited common areas and facilities; and all
supplies, materials, fixtures and equipment that are in the
Board's judgment necessary or desirable for the operation of the
condominium and enjoyment of it by the owners. The Board may
- 26 -
8 072 ,?,0080 RE 'i25GFR 7'53
hire such full-time or part-time employees as it considers
necessary.
Section 18.4 Managing Agent.
be required to, contract with
Managing Agent to assist the
The Board may, but shall not
an experienced professional
Board in the management and
operation of the condominium and may delegate such of its powers
and duties to the Managing Agent as it deems to be appropriate,
except as limited herein. The Managing Agent shall not enter any
apartment (directly or through agents) without the consent of the
occupant unless entry has been directed by the Board. Only the
Board can approve an annual budget or a supplemental budget, and
only the Board can impose a special assessment on an apartment or
authorize foreclosure of an assessment lien. Any contract with a
Managing Agent shall have a term no longer than one year (but may
be renewable by agreement of the parties for successive one-year
periods) and shall be terminable by the Board without payment of
a termination fee, with or without cause, on thirty (30) days'
written notice.
Section 18.5 Protection of Property. The Board may spend
such funds and take such action as it may from time to time deem
necessary to preserve the property, settlement claims or other-
wise act in what it considers to be the best interests of the
condominium or the Association.
82,07820080 - 27 - REEI25GFR 754
ARTICLE XIX
BUDGET AND ASSESSMENT FOR EXPENSES
Section 19.1 Preparation of Budget. Within thirty (30) days
after the end of each calendar year, the Board shall (1) estimate
the charges, including common expenses and any special charges
for particular apartments, to be paid during such year; (2) shall
make provision for creating, funding and maintaining reasonable
repair and replacement of common areas and facilities; and (3)
take into account any expected income and any surplus available
from the prior year's operating fund. Without limiting the
generality of the foregoing but in furtherance thereof, the Board
may create and maintain from regular monthly assessments a
reserve fund for replacement of those common areas which can
reasonably be expected to require replacement prior to the end of
the useful life of the building. The Board shall calculate the
contributions to the reserve fund so that there are sufficient
funds therein to replace each common area covered by the fund at
the end of the estimated useful life of each such common area.
The Declarant or initial Board may at any suitable time establish
the first such estimate. If the sum estimated and budgeted at
any time proves inadequate for any reason, the Board may at any
time levy a further assessment, which shall be assessed to the
owners in like proportions. Notwithstanding the provisions of
this Section 19.1, until Declarant's management authority under
Section 17.1 terminates, Declarant may elect to collect neither
the full budgeted assessment for each month nor any assessments
- - R .[t25G 735
8207220089
for reserve funds (other than reserves for insurance premiums),
but instead may collect and expend only the actual costs of
operation of the common areas.
Section 19.2 Monthly Assessments for Common Expenses. The
sums required by the Association for common expenses as reflected
by the annual budget and any supplemental budgets shall be
divided into equal installments to be paid each month over the
period of time covered by the budget or supplemental budget. The
monthly installments shall be assessed to the apartments,
including apartments owned by Declarant, and their respective
owners in proportion to the apartment's percentage of undivided
interest in the common areas and facilities. Assessments begin
accruing with respect to each apartment upon the closing of the
first sale of that apartment by Declarant, or upon the occupation
of that apartment by a tenant of Declarant.
Section 19.3 Special Assessments. If a special assessment
becomes chargeable against an apartment under the authority of
this Declaration or the Bylaws, the Board shall determine the
amount of such special assessment and fix the month or months in
which it is to be paid. The special assessment shall be added to
the apartment's monthly installment of common expenses and be
included in the assessment against the apartment.
Section 19.4 Notice of Assessment. The Board shall notify
each apartment owner in writing of the amount of the monthly
- 29 -
assessments to be paid for his apartment and shall furnish copies
of each budget on which the assessments are based to all apart-
ment owners and, if so requested, to their respective mortgagees.
Section 19.5 Payment of Monthly Assessments. On or before
the first day of each calendar month each apartment owner shall
pay or cause to be paid to the Treasurer of the Association the
assessment against the apartment for that month. Any assessment
not paid by the tenth day of the calendar month for which it is
due shall be delinquent and subject to late charges, interest
charges and collection procedures as provided in Article XX.
Section 19.6 Proceeds Belong to Association. All assess-
ments and other receipts received by the Association on behalf of
the condominium shall belong to the Association.
Section 19.7 Limitation on Assessments. During such time as
Declarant continues to be the original owner of an apartment in
the condominium and is offering it for sale, no budget shall be
adopted or special assessment imposed that will cause the total
assessments against any apartment in any month to be more than
ten (10%) percent greater than the total assessments against the
apartment for the same month of the preceding calendar year.
This limitation may be waived in writing by Declarant only for
any One Or more assessments.
shall have the power either
stated in this Section 19.7.
No person other than Declarant
to assert or waive the limitation
- 30 -
82 0 7 2 2. 0 0 8 0 REEt25GF 757
Section 19-8 Failure to Assess. Any failure by the Board or
the Association to make the budget and assessments hereunder
within thirty (30) days after the expiration of any year for the
ensuing year shall not be deemed a waiver or modification in any
respect of the provisions of this Declaration, or a release of
the owners from the obligation to pay assessments during that or
any subsequent year, and the monthly assessment amount
established for the preceding year shall continue until a new
assessment is established.
Section 19.9 Certificate of Unpaid Assessments. Upon the
request of any owner or mortgagee of an apartment, the Board
shall furnish a certificate in recordable form stating the
amount, if any, of unpaid assessments charged to the apartment.
The certificate shall be conclusive upon the Board and the
Association as to the amount of such indebtedness on the date of
the certificate in favor of all purchasers and mortgagees of the
apartment who rely on the certificate in good faith. The Board
may establish a reasonable fee to be charged to reimburse it for
the cost of preparing the certificate.
Section 19.10 Separate Accounts. The Board shall require
that the Association maintain separate accounts for current
operations and reserves, and a special separate reserve account
for payment of insurance. Each month the Board shall first
deposit to the insurance reserve account that portion of the
common expense assessment necessary to pay at least one-twelfth
- 31 - BEEt25GFB
880'/2,2,0080
of the total cost of all of the insurance policies provided for
the condominium and such insurance reserve account shall be held
separately and inviolate until utilized for payment of insurance
premiums. Thereafter the remainder of the assessments and
charges collected may be utilized for payment of other expenses
or deposited or credited to other accounts. All such assessments
and charges shall be collected and held in trust for, and admini-
stered and expended for the benefit of, the apartment owners.
ARTICLE XX
LIEN AND COLLECTION OF ASSESSMENTS
Section 20.1 Assessments Are a Lien; Priority. All unpaid
sums assessed by the Association for the share of the common
expenses chargeable to any apartment and any sums specially
assessed to any apartment under the authority of this Declaration
or the Bylaws, together with interest, costs and attorneys' fees
in the event of delinquency, shall constitute a continuing lien
on the apartment and all its appurtenances from the date the
assessment became due until fully paid. The lien for such unpaid
assessments shall be subordinate to tax liens on the apartment in
favor of any assessing unit and/or special district, and to all
sums unpaid on all mortgages of record, but shall have priority
over all other liens against the apartment. A first mortgagee of
an apartment that obtains possession through a mortgage fore-
closure or deed of trust sale, or a purchaser at a foreclosure
sale, shall take the apartment free of any claims for the share
8gO'7,?,gO080 - 32- EEL2.5 FR
of common expenses or assessments by the Association chargeable
to the apartment that became due before such possession, but will
be liable for the common expenses and assessments that accrue
after the taking of possession; in which event the apartment's
past-due share of common expenses or assessments shall become new
common expenses chargeable to all of the apartment owners,
including the mortgagee or foreclosure sale purchaser and their
successors and assigns, in proportion to their respective per-
centages of undivided interest in the common areas and facili-
ties; however, the owner and any contract purchaser shall
continue to be personally liable for such past-due assessments,
as provided in Section 20.3. For the purpose of this section,
the terms "mortgages" and "mortgagee" shall not mean real estate
contracts or a vendor or a designee or assignee of a vendor under
a real estate contract.
Section 20.2 Lien May be Foreclosed. The lien for delin-
quent assessments may be foreclosed by suit by the Managing Agent
or the Board, acting on behalf of the Association, in like manner
as the foreclosure of a mortgage of real property. The Managing
Agent or the Board, acting on behalf of the Association, shall
have the power to bid on the apartment at the foreclosure sale
and to acquire and hold, lease, mortgage and convey the same.
Section 20.3 Assessments Are Personal Obligations. In
addition to constituting a lien on the apartment and all its
appurtenances, all sums assessed by the Association chargeable to
8207220080 - 33 - R -E[2,56FR 860
any apartment, together with interest, costs and attorneys' fees
in the event of delinquency, shall be the joint and several
personal obligations of the owner and any contract purchaser of
the apartment when the assessment is made and their grantees.
Suit to recover personal judgment for any delinquent assessments
shall be maintainable without foreclosing or waiving the liens
securing them.
Section 20.4 Late Charges and Interest on Delinquent
Assessments. The Board may from time to time establish late
charges and a rate of interest to be charged on assessments that
may thereafter become delinquent. In the absence of another
established non-usurious rate, delinquent assessments shall bear
interest at the rate of twelve (12%) percent per annum.
Section 20.5 Recovery of Attorneys' Fees and Costs. In any
action to collect delinquent assessments, the prevailing party
shall be entitled to recover as a part of its judgment a
reasonable sum for attorneys' fees and expenses reasonably
incurred in connection with the action, in addition to taxable
costs permitted by law.
Section 20.6 Remedies Cumulative. The remedies provided
herein are cumulative and the Board may pursue them, and any
other remedies which may be available under the law although not
expressed herein, either concurrently or in any order.
8207?.Z008.,9 - 34 - RE [256F,q
Section 20.7 Security Deposit. An apartment owner who has
been delinquent in paying his monthly assessments for three (3)
of the five (5) preceding months may be required by the Board,
from time to time, to make and maintain a security deposit not in
excess of three (3) months estimated monthly assessments, which
shall be collected and shall be subject to penalties for non-
payment as are other assessments. The deposit shall be held in a
separate fund, credited to such owner, and may be resorted to at
any time when such owner is ten (10) days or more delinquent in
paying his assessments.
ARTICLE XXI
COMPLIANCE WITH DECLARATION
Section 21.1 Enforcement. Each owner shall comply strictly
with the provisions of this Declaration and with the Bylaws and
administrative rules and regulations passed hereunder, as the
same may be lawfully amended from time to time, and with all
decisions 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, injunctive
relief or both. Such action may be asserted by the Board acting
through its officers on behalf of the owners, or by the aggrieved
owner on his own behalf.
Section 21.2 No Waiver of Strict Performance. The failure
of the Board in any instance to insist upon the strict compliance
8207220080 - 3s- BE[t25 jF aG2
with this Declaration, the Bylaws or Rules and Regulations of the
Association, or to exercise any right contained in such documents
or to serve any notice or to institute any action, shall not be
construed as a waiver or a relinquishment for the future of any
term, covenant, condition or restriction. The receipt by the
Board of payment of an assessment from an owner, with knowledge
of a breach by the owner, shall not be a waiver of the breach.
No waiver by the Board of any requirement shall be effective
unless expressed in writing and signed by the Board. This
Article also extends to the Declarant, Declarant's Managing Agent
and the Interim Board of Directors, exercising the power of the
Board before the Transition Date.
ARTICLE XXII
LIMITATION OF LIABILITY
Section 22.1 Liability for Utility Failure, Etc. Except to
the extent covered by insurance obtained by the Board, the
Association, the Board, the Declarant, Declarant's Managing
Agent and the Interim Board of Directors shall not be liable for:
(1) the failure of any utility or other service to be obtained
and paid for by the Board; (2) 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 building, or from any of its pipes, drains,
conduits, appliances or equipment, or from any other place; or
(3) 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 incon-
venience or discomfort.
Section 22.2 No Personal Liability. A Board member, Associ-
ation Committee Member, Officer, Declarant or the Managing Agent
shall not be personally liable to any owner, or to any other
person, including the Association, for any damage, loss or
prejudice suffered or claimed on account of any act, omission,
error or negligence of such person; provided, that such person
has acted in good faith, without willful or intentional mis-
conduct, upon the basis of such information as is then possessed
by such person; and further provided, that this section shall not
apply where the consequences of such act, omission, error or
negligence is covered by insurance obtained by the Board.
ARTICLE XXIII
INDEMNIFICATION
Each Board member, Association Committee
Member, Association Officer, Declarant and the Managing Agent
shall be indemnified by the Association against all expenses and
liabilities, including attorneys' fees, reasonably incurred by or
imposed in connection with any proceeding to which he or she may
be a party, or in which he may become involved by reason of
- 37-
holding or having held such position, or any settlement thereof,
whether or not he or she holds such position at the time such
expenses or liabilities are incurred, except to the extent such
expenses and liabilities are covered by any type of insurance and
except in such cases wherein such person is adjudged guilty of
willful misfeasance in the performance of his or her duties;
provided, that in the event of a settlement, the indemnification
shall apply only when the Board approves such settlement and
reimbursement as being for the best interests of the Association.
ARTICLE XXIV
INSURANCE
Section 24.1 General Requirements. The Board shall cause
the Association to purchase and maintain at all times as a common
expense a policy or policies and bonds necessary to provide
casualty insurance; comprehensive liability insurance; fidelity
bonds; worker's compensation insurance to the extent required by
applicable laws; insurance against loss of personal property of
the Association by fire, theft or other causes with such
deductible provisions as the Board deems advisable; insurance, if
available, for the protection of the Association's directors,
officers, and representatives from personal liability in the
management of the Association's affairs; and such other insurance
as the Board deems advisable. The Board shall review at least
annually the adequacy of the Association's insurance coverage.
All insurance shall be obtained from an insurance carrier rated
- 38 -
A by Best's Insurance Reports or equivalent rating service, and
licensed to do business in the State of Washington. Notwith-
standing any other provisions herein, the Association shall
continuously maintain in effect casualty insurance, liability
insurance and a fidelity bond that meets the insurance and
fidelity bond requirements for condominium projects established
by the Federal National Mortgage Association and the Government
National Mortgage Association, so long as either is a mortgagee
or owner of an apartment within the condominium, except to the
extent such coverage is not available or has been waived in
writing by the Federal National Mortgage Association or Government
National Mortgage Association. All such insurance policies and
fidelity bonds shall provide that coverage may not be cancelled
or substantially modified (including cancellation for nonpayment
of premium) without at least twenty (20) days' prior written
notice to any and all insureds named therein, including apartment
owners, mortgagees, and designated servicers of mortgagees.
Section 24.2 Casualty Insurance. The casualty insurance
shall, at the minimum, consist of a standard form of fire insurance
policy with extended coverage endorsement in an amount equal to
the full replacement value, which value shall equal one hundred
(100%) percent of current replacement cost exclusive of land,
foundation, excavation and other items normally excluded from
coverage, of the common areas and facilities, apartments and
all fixtures and equipment belonging to the Assocation with an
- 39-
8207220089 BEEL258FB 866
"Agreed Amount Endorsement" or its equivalent, if available, or
an "Inflation Guard Endorsement," and, if required by Federal
National Mortgage Association, a "Demolition and Contingent
Liability from Operation of Building Laws Endorsement," and
"Increased Cost of Construction Endorsement," and such other
endorsements as Federal National Mortgage Association deems
necessary and are available. In addition to protection against
loss or damage by fire and other hazards covered by the standard
extended coverage endorsement, the policy shall provide protec-
tion against loss or damage from sprinkler leakage, debris
removal, cost of demolition, vandalism, malicious mischief, wind-
storm, water damage and such other items as are customarily
covered with respect to residential condominium projects of
similar construction in the greater Seattle metropolitan area.
The policy or policies shall provide for separate protection for
each apartment to the full insurance replacement value thereof
(limited as above provided), and a separate loss payable endorse-
ment in favor of the mortgagee or mortgagees of each apartment.
The insurance proceeds may be made payable to any trustee with
which the Association may enter into an insurable trust agreement
or any successor trustee, who shall have exclusive authority to
negotiate losses under the policies. The policy or policies
shall provide that, notwithstanding any provisions thereof which
give the carrier the right to elect to restore damage in lieu of
making a cash settlement, such option shall not be exercisable
without the prior written approval of the Association (or any
insurance trustee) or when in conflict with the provisions of any
-40- R [[256F 867
8207220083
insurance trust agreement to which the Association may be a
party, or any requirement of law.
Section 24.3 Comprehensive Public Liability Insurance. The
comprehensive policy of public liability insurance shall insure
the Board, the Association, the apartment owners, Declarant and
the Managing Agent, and cover all of the common areas and facili-
ties of the condominium, with a "Severability of Interest
Endorsement" or equivalent coverage which would preclude the
insurer from denying the claim of an apartment owner because of
the negligent acts of the Association or of another apartment
owner, and shall include protection against water damage
liability, liability for non-owned and hired automobiles,
liability for property of others, and such other risks as are
customarily covered with respect to residential condominium
projects of similar construction in the greater Seattle metro-
politan area. The limits of liability shall not be less than One
Million ($1,000,000) Dollars covering all claims for personal
injury and/or property damage arising out of a single occurrence.
Section 24.4 Additional Policy Provisions. The Board shall
exercise its reasonable best efforts to obtain insurance policies
pursuant to Sections 24.2 and 24.3 containing the following
provisions and limitations:
A. The named insured shall be the Association
as trustee for each of the apartment owners in accordance with
- 41 -
8 072,?,008,9 f Et25G[ , 8G8
their respective percentages of undivided interest in the common
areas and facilities. The insurance proceeds may be made payable
to any trustee with which the Association may enter into an
insurance trust agreement or any successor trustee, who shall
have exclusive authority to negotiate losses under the policies.
B. Such policies shall not provide for contri-
bution by or assessment against mortgagees or become a lien on
the property superior to the lien of a first mortgagee.
C. In no event shall the insurance coverage be
brought into contribution with insurance purchased by the owners
of the apartments or their mortgagees.
D. Coverage shall not be prejudiced by (1) any
act or neglect of the owners of apartments when such act or
neglect is not within the control of the Association, or (2)
failure of the Association to comply with any warranty or cond-
ition with regard to any portion of the premises over which the
Association has no control.
E. A waiver of subrogation by the insurer as
to any and all claims against the Association, the owner of any
apartment, and/or their respective agents, employees or tenants,
and of any defenses based upon co-insurance or upon invalidity
arising from the acts of the insured.
820722008g
- 42 -
809
F. A standard mortgagee clause which shall:
(1) Provide that any reference to a
mortgagee in the policy shall mean and include all holders of
mortgages of any apartment or apartment lease or sublease in
their respective order of preference, whether or not named
therein;
(2) Provide that such insurance as to the
interest of any mortgagee shall not be invalidated by any act
or neglect of the Board of apartment owners or any persons
under any of them;
(3) Waive any provision invalidating such
mortgage clause by reason of the failure of any mortgagee to
notify the insurer of any hazardous use or vacancy, any re-
quirement that the mortgagee pay any premium thereon and any
contribution clause; and
(4) 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.
Section 24.5 Fidelity Bonds The required fidelity bonds
shall afford coverage to protect against dishonest acts on the
part of officers, directors, trustees and employees of the
8207220089 - 43 - [ L256F 8i0
Association or the Managing Agent and all other persons who
handle or are responsible for handling funds of the Association.
The fidelity bonds shall be written in an amount equal to at
least fifteen (15%) percent of the estimated annual operating
expenses of the condominium, including reserves. All such
fidelity bonds shall name the Association as an obligee and
contain waivers of any defense based upon the exclusion of
persons who serve without compensation from any definition of
"employee" or similar expression.
Section 24.6 Owners' Individual Insurance. Each owner may
obtain additional insurance on his apartment and its contents at
his own expense but only if the owner's insurance does not
decrease the amount that the Board, or any trustee for the Board,
on behalf of all of the owners, will realize under any insurance
policy that the Board may have in force on the property. Each
owner shall notify the Board of all improvements by the owner to
his apartment the value of which is in excess of One Thousand
($1,000) Dollars. Any owner who obtains individual insurance
policies covering any portion of the property other than personal
property belonging to him shall file a copy of his individual
policy or policies with the Board within thirty (30) days after
he buys it, and the Board shall immediately review its effect
with the Board's insurance broker, agent or carrier.
Section 24.7 Insurance Proceeds. Insurance proceeds for
damage or destruction to any part of the property shall be paid
- 44 -
8 072?,0080 . EL25 SF 8ii
to the Board on behalf of the Association which shall segregate
such proceeds from any other funds of the Association for use and
payment as provided for in Article XXV. The Association acting
through its Board shall have the authority to settle and comp-
romise any claim under insurance obtained by Association and the
insurer may accept the release and discharge of liability made by
the Board on behalf of the named insureds under the policy.
ARTICLE XXV
DAMAGE AND REPAIR OF DAMAGE TO PROPERTY
Section 25.1 Initial Board Determination. In the event of
damage to any part of the property, the Board shall promptly, and
in all events within thirty (30) days after the date of damage,
make the following determinations with respect thereto, employing
such advice as the Board deems advisable:
A. The nature
together with an inventory of
directly affected thereby.
and extent of the damage,
the improvements and property
B. A reasonably reliable estimate of the cost
to repair the damage, which estimate shall, if reasonably prac-
ticable, be based upon two or more firm bids obtained from
responsible contractors.
8207220089 - 4s - R[f[256FR 8i2
C. The expected insurance proceeds, if any, to
be available from insurance covering the loss based on the amount
paid or initially offered by the insurer.
D. The amount, if any, by which the estimated
cost of repair exceeds the expected insurance proceeds and the
amount of the assessments that would have to be made against each
apartment if the excess cost were to be paid as a maintenance
expense and specially assessed against all the apartments in pro-
portion to their percentage of undivided interest in the common
areas and facilities.
E. The Board's recommendation whether the
damage should be repaired.
Section 25.2 Notice of Damage. The Board shall promptly,
and in all events within thirty (30) days after the date of
damage, provide to each owner and institutional holder of a first
mortgage on an apartment a written notice describing the damage
and summarizing the initial Board determinations made under
Section 25.1. If the Board fails to do so within the thirty (30)
day period, any owner or mortgagee may make the determinations
required under Section 25.1 and give the notice required under
this Section 25.2.
Section 25.3 Definitions: Damage, Repair, Emergency Work.
For purposes of Article XXV, key terms are defined as follows:
- 46 -
A. Damage shall mean all kinds of damage,
whether of slight degree or total destruction.
B. Repair shall mean restoring the improve-
ments to substantially the condition they were in before they
were damaged, with each apartment and ~he common areas and
facilities having substantially the same vertical and horizontal
boundaries as before. Modifications to conform to applicable
governmental rules and regulations or available means of
construction may be made.
C. Emergency Work shall mean work that the
Board deems reasonably necessary to avoid further damage or
substantial diminution in value to the improvements and to
protect the owners from liabilty from the condition of the site.
Section 25.4 Execution Of Repairs.
A. The Board shall promptly repair the damage
and use the available insurance proceeds therefor unless before
the repairs (other than emergency work) are begun the owners
decide in accordance with this Article XXV not to repair. If the
cost of repair exceeds the available insurance proceeds the Board
shall impose a special assessment against all apartments in
proportion to their percentage of undivided interest in the
common areas in an amount sufficient to pay the excess costs.
- 4v - B[Et2,SG.c
B. The Board shall have the authority to
employ architects and engineers, advertise for bids, let
contracts to contractors and others, and take such other action
as is reasonably necessary to make the repairs. Contracts for
the repair work shall be awarded when the Board, by means of
insurance proceeds and sufficient assessments, has provided for
paying the cost. The Board may authorize the insurance carrier
to make the repairs if the Board is satisfied that the work will
be done satisfactorily, and if such authorization does not
contravene any insurance trust agreement or requirement of law.
C. The Board may enter into a written agree-
ment with a reputable financial institution, trust or escrow
company to act as an insurance trustee to adjust and settle any
claim for casualty loss in excess of Fifty Thousand Dollars
($50,000.00) and to collect the insurance proceeds and carry out
the provisions of this Article XXV.
Section 25.5 Damage Not Substantial; Assessment Under Three
Thousand Five Hundred Dollars ($3,500.00). If the estimated
assessment determined under subsection 25.1(D) does not exceed
Three Thousand Five Hundred Dollars ($3,500.00) for any one
apartment, the damage will be deemed not to be substantial and
the provisions of this section 25.5 shall apply.
82,07220089
A. Either the Board or the requisite number of
owners, within fifteen (15) days after the notice required under
Section 25.2 has been given, may but shall not be required to,
call a special owners' meeting in accordance with Section 15.8
and the Bylaws to decide whether to repair the damage.
B. Except for emergency work, no repairs shall
be commenced until after the fifteen (15) day period and until
after the conclusion of the special meeting if such a special
meeting is called within the fifteen (15) days.
C. A unanimous decision of the apartment
owners and the first mortgagees of apartments will be required to
elect not to repair the damage. The failure of the Board and the
owners within the fifteen (15) day period to call a special
meeting shall be deemed a decision to repair the damage.
Section 25.6 Substantial Damage; Assessment Over Three
Thousand Five Hundred Dollars ($3,500.00). If the estimated
assessment determined under subsection 25.1(D) is Three Thousand
Five Hundred Dollars ($3,500.00) or more for any one apartment,
the damage will be deemed substantial and the provisions of this
Section 25.6 shall apply.
A. The Board shall promptly, and in all events
within thirty (30) days after the date of damage, call a special
owners meeting to consider repairing the damage. If the Board
- 49 -
fails to do so within thirty (30) days, then notwithstanding the
provisions of Section 15.8 and the Bylaws, any owner or first
mortgagee of an apartment may call and conduct the meeting.
B. Except for emergency work, no repairs shall
be commenced until the conclusion of the special owners meeting.
C. A unanimous vote of the total voting power
will be required to elect not to repair the damage. Failure of
the Board, the owners and the first mortgagees to conduct the
special meeting provided for under subsection 25.6(A) within
ninety (90) days after the date of damage shall be deemed a
unanimous decision not to repair the damage.
Section 25.7 Effect of Decision Not to Repair. In the event
of a decision under either subsection 25.5(C) or 25.6(C) not to
repair the damage, the Board may nevertheless expend so much 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 improvements and clearing, filling and grading the land.
The remaining funds, if any, and the property shall thereafter be
held and distributed as follows:
A. The property shall be owned in common by
the apartment owners and shall no longer be subject to this
Declaration or to condominium ownership.
8207220080
- 50 -
B. Each apartment owner's percentage of
undivided interest in the property shall be the same as the per-
centage of undivided interest he previously owned in the common
areas and facilities.
C. Any mortgages or liens affecting any of the
apartments shall be deemed transferred in accordance with the
existing priorities to the apartment owner's percentage of the
undivided interest in the property.
D. The property shall be subject to an action
for partition at the suit of any apartment owner, in which event
the net proceeds of sale, together with the net proceeds of the
insurance on the property, if any, shall be considered as one
fund. The 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.
After first paying out of the respective share of each apartment
owner, to the extent sufficient for the purpose, all mortgages
and liens on the owner's interest, the balance remaining in each
share shall be distributed to the owner.
8gOTg?,O089 - sl- E[t25C FR
ARTICLE XXVI
CONDEMNATION
Section 26.1 Consequences of Condemnation; Notices. If any
apartment or portion thereof or the common areas and facilities
or any portion thereof is made the subject matter of any condem-
nation or eminent domain proceeding or is otherwise sought to be
acquired by a condemning authority (referred to herein as a
"taking") notice of the proceeding or proposed acquisition shall
promptly be given to each apartment owner and to each institu-
tional holder of a first mortgage and the provisions of this
Article XXVI shall apply.
Section 26.2 Proceeds. All compensation, damages or other
proceeds of the taking, the sum of which is hereinafter called
the "Condemnation Award" shall be payable to the Association.
Section 26.3 Complete Taking. If the entire property is
taken the condominium ownership shall terminate. The Condem-
nation Award shall be apportioned among the owners in proportion
to their respective percentages of undivided interest in the
common areas and facilities; provided, that if a standard
different from the value of the property as a whole is employed
to measure the Condemnation Award in the taking, then in deter-
mining 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 practicable determine
8207220089 - s2 - 3i9
the share of the Condemnation Award to which each owner is
entitled. Each owner's share shall be applied first to the
payment of all mortgages and liens on the owner's interest in
accordance with the existing priorities and the balance of each
share shall be distributed to the owner.
Section 26.4 Partial Taking. If less than the entire
property is taken the condominium ownership shall not terminate.
Each owner shall be entitled to a share of the Condemnation Award
determined in the following manner:
A. As soon as practicable the Board shall,
reasonably and in good faith, allocate the Condemnation Award
among compensation for property taken, severance damages or other
proceeds.
B. The Board shall apportion the amounts so
allocated to taking of or injury to the common areas and facili-
ties, which in turn shall be apportioned among owners in
proportion to their respective undivided interests in the common
areas and facilities.
C. The total amount allocated to severance
damages shall be apportioned to the apartments that were not
taken.
8207220089 - s3 - [ t2..SCF J2.0
D. The amounts allocated to the taking of or
injury to a particular apartment and/or improvements an owner had
made within the owner's apartment shall be apportioned to the
apartment.
E. The amount allocated to consequential
damages and any other takings or injuries shall be apportioned as
the Board determines to be equitable in the circumstances.
F. If an allocation of the Condemnation Award
has already been established in negotiation, judicial decree or
otherwise, then in apportioning the Condemnation Award the Board
shall employ that allocation to the extent it is relevant and
applicable.
G. Distribution of apportioned proceeds shall
be made to the owners and their respective mortgagees in the
manner provided in Section 26.3.
Section 26.5 Reconstruction and Repair. Any reconstruction
and repair necessitated by condemnation shall be governed by the
procedures specified in Article XXV for repair of damage; pro-
vided, that the Board may retain and apply such portion of each
owner's share of the Condemnation Award as is necessary to dis-
charge the owner's liability for any special assessment arising
from the operation of Article XXV.
8207220089 - 54 - REiL25CrR
ARTICLE XXVII
EASEMENTS
Section 27.1 In General. Each apartment has an easement in
and through each other apartment and the common areas and facili-
ties for all support elements and utility, wiring, heat and
service elements and for reasonable access thereto, as required
to effectuate and continue proper operation of the condominium.
In addition, each apartment and all the common areas and facili-
ties are specifically subject to easements as required for the
electrical wiring and plumbing for each apartment. The specific
mention or reservation of any easement in this Declaration does
not limit or negate the general easement for common facilities
reserved by law.
Section 27.2 Encroachments. Each apartment and all common
areas and facilities are hereby declared to have an easement over
all adjoining apartments and common areas and facilities for the
purpose of accommodating any present or future encroachment as a
result of engineering errors, construction, reconstruction,
repairs, settlement, shifting or movement of any portion of the
property, or any other similar cause, and any encroachment due to
building overhang or projection. There shall be valid easements
for the maintenance of the encroaching apartments, areas and
facilities so long as the encorachments shall exist, and the
rights and obligations of owners shall not be altered in any way
by the encroachment; provided, however, that in no event shall a
8207220089
valid easement for encroachment be created in favor of an apart-
ment if the encroachment was caused by the willful act with full
knowledge of the apartment owner. The encroachments described in
this Section 27.2 shall not be construed to be encumbrances
affecting the marketability of title to any apartment.
Section 27.3 Easement Specifically Reserved by Declarant.
Declarant reserves an access easement over, across and through
the common areas and facilities of the condominium for the pur-
pose of completing any unfinished apartments or other improve-
ments and exhibiting and preparing apartments for sale.
ARTICLE XXVIII
AMENDMENTS OF DECLARATION, SURVEY MAP AND PLANS
Section 28.1 Amendments by the Association. An apartment
owner may propose amendments to this Declaration, the Survey Map
or the Plans to the Board.
Board may cause a proposed
members of the Association
A majority of the members of the
amendment to be submitted to the
for their consideration. If an
amendment is proposed by owners of twenty percent (20%) or more
of the apartments in the condominium, then, irrespective of
whether the Board concurs in the proposed amendment, it shall be
submitted to the members of the Association for their considera-
tion at their next regular or special meeting for which timely
notice may be given. Notice of a meeting at which an amendment
820722,0089 - ss - t [i [25C-F 823
is to be considered shall include the text of the proposed amend-
ment. Amendments may be adopted at a meeting of the Association
or by written consent of the requisite number of persons entitled
to vote, after notice has been given to all persons entitled to
receive notice of a meeting of the Association. The unanimous
consent of all apartment owners shall be required for adoption of
either (1) an amendment altering the value of the property and of
each apartment or the percentages of undivided interest in the
common areas and facilities, or (2) a decision that the property
be removed from condominium status, or (3) an amendment of Sec-
tion 15.7 or of this Article XVIII. All other amendments shall
be adopted if approved by sixty percent (60%) of the apartment
owners and there is compliance with Section 28.2. Once an amend-
ment has been adopted by the Association, the amendment will
become effective when a certificate of the amendment, executed by
two officers of the Association, has been recorded in the public
records.
Section 28.2 Subdividing and Combining Common Areas.
Subdividing and/or combining of any apartment or apartments,
common areas and facilities or limited common areas and
facilities is authorized only upon unanimous consent of all
apartment owners and upon adoption of an amendment to this
declaration pursuant to the procedure set forth in this Article.
Any subdividing or combining shall not be effective unless also
accompanied by filing, with the County Auditor, an amended set of
building plans showing the change in the manner provided in RCW
-57- E[L25GFR 324
8207220089
64.32.100. Except as set forth in the preceding sentence, the
owner shall not by act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer the common areas and
facilities, including the limited common areas and facilities and
no other person shall have the right to have them partitioned or
divided.
Section 28.3 Requirement of Mortgagee Approval. In
addition to other provisions of this Declaration and of the
Condominium Statute, the prior written approval of each
institutional holder of a first mortgage will be required for any
material amendment of this Declaration or the Bylaws, including,
but not limited to, any amendment that would change the percent-
ages of undivided interest in the common areas and facilities of
the apartment owners.
ARTICLE XXIX
ABANDONMENT OR TERMINATION OF CONDOMINIUM STATUS
Except in cases of substantial damage to the
property as provided in Article XXV, the condominium status of
the property shall not be abandoned or terminated by reason of
any act or omission by the owners or the Association except with
the consent of all apartment owners by an instrument to that
effect duly recorded, and then only if the mortgagees and holders
of all liens affecting any of the apartments consent thereto or
agree, in either case by an instrument duly recorded, that their
8207220089
- 58 -
r [[t25C-,r
mortgages and liens be transferred to the percentage of the
undivided interest of the apartment owner in the property.
ARTICLE XXX
SEVERABILITY
The provisions of this Declaration shall be
independent and severable, and the unenforceability of any one
provision shall not affect the enforceability of any other pro-
vision, if the remainder complies with the Condominium Statute
or, as covenants, effect the common plan.
ARTICLE XXXI
EFFECTIVE DATE
recording.
This DeclaratiOn shall take effect upon
ARTICLE XXXII
REFERENCE TO SURVEY MAP AND PLANS
The Survey Map and Plans were filed with the
Recorder of Kitsap County, Washington, simultaneously with the
recording of this Declaration under File No. g~~ ~d ~, in
Volume 3 of Condominiums, pages 67 through ~,.
8207220089 - 59 -
ARTICLE XXXIII
ASSIGNMENT BY DECLARANT
Declarant reserves the right to assign,
transfer, sell, lease or rent all or a portion of the property
then owned by it and reserves the right to assign all or any of
its rights, duties, and obligations created under this Declara-
tion; however, such assignment shall not diminish Declarant's
duties and obligations.
ATTEST:
EAGLE HARBOR LIMITED PARTNERSHIP,
DECLARANT
By
RICHARD G. BOWEN, president
Bowen Development Company,
General Partner
SECRETARY
STATE OF WASHINGTON)
) ss.
COUNTY OF ~<i~ )
On this day, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn,
personally appeared RICHARD G. BOWEN, to me known to be the
President of Bowen Development Company, the corporation which
executed the foregoing instrument as the General Partner, and
acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute
the said instrument and that the seal affixed is the corporate
seal of said corporation.
(SEAL)
8207 20080
GIVEN UNDER MY HAND AND OFFICIAL SEAL this ._3~j~d~/day of
198~. ""
Notary Public in and for the ~'
State of ~shington,.residin'g '
EH25GFR ,3; 7
SCHEDULE A
to
WILLIAMSON LANDING CONDOMINIUM DECLARATION
DESCRIPTION OF PROPERTY
PARCEL A:
That portion of Government Lot 1, Section 34, Township
25 North, Range 2 East, WoM., in Kitsap County, Washington,
described as follows:
Beginning 22 rods West and 2 rods South of the Northeast
corner of Lot 1; thence South 20.8 rods to the meander line; thence
along the meander line North 44° East 9.4 rods to a point South
of a point 6 rods 9 feet East of the point of beginning; thence
North 14.2 rods to said point 6 rods 9 feet East of the point of
beginning; thence West 6 rods 9 feet to the point of beginning;
PARCEL B:
That portion of Government Lot 1, Section 34, Township
25 North, Range 2 East, W.M., in Kitsap County, Washington,
described as follows:
Beginning at the meander corner making the Easterly
corner of Government Lot 1, Section 34, Township 25 North, Range
2 East, W.Mo, and running thence North 89°57'36" West along the
North boundary line of said Lot 1, 22 rods (363 feet) to the East
line of the county road as established by Kitsap County Superior
Court Cause No. 15089; thence at right angles to said Government
Lot boundary line South 0002'24" West along the East margin of said
road, a distance of 195.02 feet, more or less, to the Southerly
end of said road, which point is the True Point of Beginning of
this description; thence along the Southerly end of said road North
88o24'30" West 40.02 feet to an intersection with the West margin
of said road; thence South 0002'24" West 229.06 feet, more or less,
to the Government meander line; thence along said meander line North
43°39'13'' East 57.99 feet to a point from which the True Point of
Beginning bears North 0002'24" East; thence North 0002'24" East
185.99 feet, more Or less to the True Point of Beginning;
TOGETHER WITH second class tidelands adjoining said Parcels A
and B;
Situate in Kitsap County, Washington.
8207220089
SCHEDULE B
to
WILLIAMSON LANDING CONDOMINIUM DECLARATION
DESCRIPTION OF APARTMENTS
FLOOR
APT LOCATION
101 First
102 First
201 Second
202 Second
301 Third
302 Third
ENTRY,
LIVING, # OF # OF TOTAL TOTAL
DINING, BED- BATH- # OF SQUARE
KITCHEN ROOMS ROOMS ROOMS FEET
Yes 3 2.5 10 2,335
Yes 3 2.5 11 2,570
Yes 3 2.5 10 2,335
Yes 2 2.5 9 2,435
Yes 3 2.5 10 2,335
Yes 3 2.5 10 2,435
PARKING
SPACES
DECK PROVIDED
Yes 2
Yes 2
Yes 2
Yes 2
Yes 2
Yes 2
8207220080 REEt25GFR- 829
SCHEDULE C
TO
WILLIAMSON LANDING CONDOMINIUM DECLARATION
VALUE OF PROPERTY AND
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON AREAS AND FACILITIES
APARTMENT
101
102
201
202
301
302
TOTAL VALUE OF ALL UNITS
VALUE
$ 260,000.00
270 000.00
245,000.00
240,000.00
295,000.00
285,000.00
$1,595,000.00
PERCENTAGE
16-2/3
16-2/3
16-2/3
16-2/3
16-2/3
16-2/3
100.0
m