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RESIDENTIAL BUILDING PERMIT APPLICATION
` Community and Economic Development
City of Arlington•18204 59th Ave NE•Arlington,WA 98223 • Phone(360)403-3551
The following information is required for Residential: Single Family,Duplex, Townhomes,Additions,and
Accessory Structure Building Permit Applications.
Mark each box to designate that the information has been provided. Please submit this checklist as part of
the submittal documents.
Incomplete applications will not be accepted.
SUBMIT ELECTRONIC FILES AND THE NUMBER COPIES REQUIRED FOR EACH OF THE FOLLOWING:
EACH BUILDING OR STRUCTURE REQUIRES A SEPARATE SUBMITTAL.
QTY REQUIRED DOCUMENTS
1 Proof of approved Zoning Verification
1 City of Arlington Residential Pennit Application
1 City of Arlington Residential Submittal Requirements Form
1 Residential Building Design Requirements
2 Site Plan
2 Architectural Plans
2 Structural Plans
2 Stnict u-al Calculations
1 Project Specification Manuals,ifapplicable
1 WSEC Compliance Forms https:,(/waenergycodes.comj
1 Special Inspection and Testing Agreement,if applicable
1 Deferred Submittal Request,if applicable
1 USB Flash Drive or email a link to cec[Parlingtonwa.gov
1. Architectural and Stnict u-al Plans shall be bound separately and rolled together with the Site Plan in complete
sets.
2. Plan Review fee is due at time of submittal and remaining balance will be due at time of issuance.
3. The City of Arlington does not review or inspect electrical systems.Contact Labor and Industries at lni.wa.gov
or 360-416-3000.
4. Contact the Pennit Center to verify if an intake appointment is required. City of Arlington Pennit Center at
(360) 403 3551 or by email to ced@arlingtonwa.gov.
I acknowledge that all items designated as submittal requirements must accompany my Building Permit
Application to be considered a complete submittal.
RESIDENTIAL BUILDING PERMIT APPLICATION
Type of Permit: JE1 Single-family I ❑ Duplex ❑Townhouse 1 [2 Addition I ❑Accessory Structure
IBC Construction Type: Additional Dwelling Unit IBC Occupancy Type: ADU
Building Square Footage: 2819 Number of Stories: 3
Square Footage Per Floor: B: 703.25 11: 1001 2„d: 964 3rd: Garage: 420
Property Address: 17614 Topper Court, Arlington Wa. 98223 project Valuation: $55,000
84 00870600008400
Lot#: Parcel ID No.: Preferred Contact: 2 Owner O Contractor
Finishing basement into an additional dwelling unit.
Project Description:
Owner Name: David and Rachel Harrington Home No.: 360-672-2352
Email Address: rharrington0226@gmail.com Cell No.: 360-672-2351
Mailing Address: 17523 Highland View Dr. Qty: Arlington State: WA Zip: 98223
Contractor Name: NSA Office No.:
Email Address: Cell No.:
Mailing Address: City: State: Zip:
L&I Contractor License Number: Expiration Date:
MECHANICAL INFORMATION
Type of Permit: ❑ New Installation Addition/Alteration/Repair ❑ Gas Piping
Contractor Name: NSA Office No.:
Email Address: Cell No.:
Mailing Address: City: State: Zip:
L&.I Contractor License Number: Expiration Date:
• New gas piping requires a pressure test hooking to any appliance
• Sediment traps(drips) are required on all gas lines
• Gas lines are required to be supported/secured every 6 to 8 feet
• Proper Combustion air and venting required for all appliances
• A shtrt-off valve is required within 6 feet of all appliances
REV03.2022 Page 2 of 5
RESIDENTIAL BUILDING PERMIT APPLICATION
MECHANICAL PERMIT FEES (per unit)
Type of Fixture No.of Units Cost per Unit Subtotal Model No.
Additional Plan Review fees x $75.00
Air Cond.Unit<_100Btu x $15.00
Air Cond.Unit>100Btu x $25.00
Air Cond Unit>500Btu x $50.00
Air Handling Units x $15.00 =
Base Mechanical Fee 1 x $25.00 = $25.00
Boiler<100Btu >3h x $15.00 =
Boiler>1 million Btu h<5 0 hp x $25.00 =
Boiler>1.5 million Btu/h<50hp x $50.00 =
Boiler>100Btu h 3-1 5hp x $15.00 =
Boiler>500Btu h 15-30hp x $25.00 =
Commercial Hoods-Type I x $25.00 =
Commercial Hoods-Type II x $50.00 =
Diffusers x $15.00 =
Dryer Ducting 1 x $15.00 = 15
Ductwork(drawings required) x $25.00 =
Evaporative Coolers x $15.00 =
Exhaust/Ventilation Fans 1 x $15.00 = 15
Fireplace/Insert/Stove x $15.00 =
Forced Air Heat<_100 Btu x $15.00 =
Forced Air Heat>100 Btu x $25.00 =
Gas Clothes Dryer x $15.00 =
Gas Fired AC<_100 Btu/h x $15.00
Gas Fired AC>100 Btu h x $25.00
Gas Fired AC> 500 Btu/h x $50.00 =
Gas Pi in <_ 5 units x $15.00 =
Gas Piping> 5 units (plus<5 units) x $2.00 =
Heat Exchangers x $15.00
Heat Pump-Condensing Unit 1 x $25.00 = 25
Hot Water Heat Coils x $15.00 =
Miscellaneous Appliance-regulated by x $15.00
mechanical code,not otherwise specified
Pkg.Units<_100btu x $25.00 =
Pkg.Units>100btu x $50.00 -
Range/Cook top-Gas Fired 1 x $15.00 = 15
Refrigeration Unit<_100Btu h 1 x $15.00 = 15
Refrigeration Unit>100Btu h x $25.00
Refrigeration.Unit>500Btu/h x $50.00
Re-inspection fee x $75.00
Residential Range Hood 1 x $15.00 = 15
Unit Heaters 15 100 Btu h 1 x $15.00 = 15
Unit Heaters>100 Btu/h x $25.00 =
VAV Boxes (Variable Air Volume,part of air x $10.00
conditioning system)
Wall Heaters-Gas Fired x $25.00 =
Water Heater-Gas Fired x $25.00 =
Permit Fee
Inspection Fee $75.00
Processing/Technology Fee $25.00
Total
REV03.202 2 Page 3 of 5
RESIDENTIAL BUILDING PERMIT APPLICATION
Gas Piping Information ❑ Not Applicable
17 CSST ❑ Brass ❑ Other
Proposed Piping Material:
❑ Black Steel ❑ Galvanized Steel
Proposed Piping Size: ❑ 1/2 ❑ 5/a" 2 3/a." ❑ 1" ❑ 11/z" ❑ 2"
Distance from Meter to furthest Appliance: Total BTU's of all Appliances:
PLUMBING INFORMATION
Type of Permit: ❑ New Installation ❑ Addition/Alteration/Repair
Contractor Name. All Valley Plumbing Office No.:
Email Address: allvalleyplumbingtech.com Cell No.:
Mailing Address: 19322 95th Ave N E City: Arlington State: WA Zip: 98223
L&I Contractor License Number: ALLVAVP 782C N Expiration Date: 04/19/2025
• All hose bibs required to be equipped with Atmospheric Vacuum Breakers per ASSE 1019
• All water supplies at 80psi or greater shall have Pressure Reducing Valves(PRV)
• Cross-Connection-Control may be required
Proposed Interior Water Piping Size: ❑ 1/2 ❑ 5/s" m 3/4 ❑ 1"
❑CPVC ❑ Brass ❑ PEX-AL-PEX
Proposed Interior Piping Material:
❑ Copper PEX ❑ Galvanized Steel ❑ Other
Proposed Exterior Water Piping Size: ❑ 1/2" ❑ 5/s" ❑ 3/4 ❑ 1" ❑ 11/2" ❑ 2"
❑PVC ❑ Copper ❑ PEX-AL-PEX ❑ PEX-AL-PE
Proposed Exterior Piping Material:
❑PE ❑ PEX ❑ Other
Proposed Drain-Waste-Vent(DWV) Schedule 40 ABS DWV ❑ Copper ❑ Galvanized Steel ❑ Cast Iron
Material:
❑ Schedule 40 PVC DWV ❑ Brass ❑ Other
Proposed Drain-Waste-Vent(DWV) ❑ 1/a" ❑ 5/s" ❑ 3/" ❑ 1" ❑ 11/2" ❑ 2" 3" 734"
Piping Size:
REV03.202 2 Page 4 of 5
RESIDENTIAL BUILDING PERMIT APPLICATION
PLUMBING PERMIT FEES per fixture
Type of Fixture No.of Fixtures Cost per Fixture Subtotal
Additional Plan Review fees x $75.00 =
Alteration/repair piping x $15.00 =
Backflow Assembly 1 x $25.00 = 25
Base Plumbing Fee 1 x $25.00 = $25.00
Bath Shower Combo 1 x $15.00 = 15
Building Main Waste x $25.00 =
Clothes Washer 1 x $15.00 = 15
Dishwasher x $15.00 =
Drinking Fountain x $15.00 =
Floor Drains x $15.00 =
Grease Interceptor x $75.00 =
Grease Trap x $25.00 =
Hose Bibb x $15.00 =
Icemaker Refri erator x $15.00 =
Irrigation-per meter x $25.00 =
Kitchen Sink&Disposal 1 x $15.00 = 15
Laundry Tray x $15.00 =
Lavatory 1 x $15.00 = 15
Med Gas Pi in <- 5 inlets outlets x $60.00 =
Med Gas Piping> 5 inlets/outlets(plus 15 5 x $5.00 =
inlets outlets
Miscellaneous-regulated by plumbing code, x $15.00 =
not otherwise specified
Pretreatment Interceptor x $15.00 =
Re-inspection Fee x $75.00 =
Roof Drains x $15.00 =
Shower(only) x $15.00 =
Sink bar,service,etc. x $15.00 =
Toilets 1 x $15.00 = 15
Urinal x $15.00 =
Vacuum Breakers x $25.00 =
Water Heater 1 x $25.00 = 25
MODEL NO.:
Water Heater-Tankless x $25.00 =
MODEL NO.:
Permit Fee
Inspection Fee $75.00
Processing/Technology Fee $25.00
Total
I hereby certify that I am the 0 Owner ❑Architect ❑ Engineer ❑Contractor and authorized to sign this
application and that the above infortuation is correct and construction on,and the occupancy and the use of the
above-described property will be in accordance with the laws,rules and regulation of the State of Washington,and
the City of Arlington.
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$lgiia�KeriaL" .' ............. ' Print Name Date
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REV03.2022 Page 5 of 5
CITY OF ARLINGTON
18204 59th Avenue NE,Arlington,WA 98223
INSPECTIONS: 360-403-3417-Permit Center: 360-403-3551
BUILDING PERMIT
17614 TOPPER CRT Permit#: 5455
PERMIT EXPIRES 180 DAYS AFTER
Parcel#: 00870600008400 DATE OF ISSUANCE.
Scope of Work: Finishing basement into an ADU Valuation: 55000.00
OWNER APPLICANT CONTRACTOR
HARRINGTON DAVID David and Rachel Harrington HOME OWNER
M/HARRINGTON RACHEL A
17523 HIGHLAND VIEW DR 17614 Topper Court
ARLINGTON,WA 98223-6392 Arlington,WA 98223 ,
360-672-2352
LIC: EXP:
MECHANICAL CONTRACTOR PLUMBING CONTRACTOR
LIC#: EXP: LIC#: EXP:
JOB DESCRIPTION
PERMIT TYPE: ACCESSORY DWELLING UNIT CODE YEAR: 2018
STORIES: CONST.TYPE: VB
DWELLING UNITS: OCC GROUP: R-3;Residential
BUILDINGS: OCC LOAD:
PERMIT APPROVAL
The issuance or granting of this permit shall not be construed to be a permit for,or approval of,any violation of this Code or any
other ordinance or order of the City,of any state or federal law,or of any order,proclamation,guidance advice or decision of the
Governor of this State.To the extent the issuance or granting of this permit is interpreted to allow construction activity during any
period of time when such construction is prohibited or restricted by any state or federal law,or order,proclamation,guidance
advice or decision of the Governor of this State,this permit shall not authorize such work and shall not be valid.The building
official is authorized to prevent occupancy or use of a structure where in violation of this Code,any other City ordinances of this
jurisdiction or any other ordinance or executive order of the City,or of any state or federal law,or of any order,proclamation,
guidance advice or decision of the Governor.The building official is authorized to suspend or revoke this permit if it is
determined to be issued in error or on the basis of incorrect,inaccurate or incomplete information,or in violation of any City
ordinance,regulation or order, state or federal law,or any order,proclamation,guidance or decision of the Governor.
I AGREE TO COMPLY WITH CITY AND STATE LAWS REGULATING CONSTRUCTION AND IN DOING THE WORK
AUTHORIZED THEREBY,NO PERSON WILL BE EMPLOYED IN VIOLATION OF THE LABOR CODE OF THE STATE
OF WASHINGTON RELATING TO WORKMEN'S COMPENSATION INSURANCE AND RCW 18.27.
THIS APPLICATION IS NOT A PERMIT UNTIL SIGNED BY THE BUILDING OFFICIAL OR HIS/HER DEPUTY AND
ALL FEES ARE PAID.
IT IS UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUCTURE UNTIL A FINAL INSPECTION HAS BEEN
MADE AND APPROVAL OR A CERTIFICATE OF OCCUPANCY HAS BEEN GRANTED.IBC 110/IRC 110.
SALES TAX NOTICE: Sales tax relating to construction and construction materials in the City of Arlington must be reported on
your sales tax return form and coded City of Arlington#3101.
�11�2 07/27/2023
Applicant Signature Date Building Official Date
CONDITIONS
APPROVED JOB COPY SHALL BE ONSITE FOR INSPECTIONS.CALL FOR INSPECTIONS.
THIS PERMIT AUTHORIZES ONLY THE WORK NOTED.THIS PERMIT COVERS WORK TO BE DONE ON PRIVATE
PROPERTY ONLY.ANY CONSTRUCTION ON THE PUBLIC DOMAIN(CURBS, SIDEWALKS,DRIVEWAYS,
MARQUEES,ETC.)WILL REQUIRE SEPARATE PERMISSION.
PERMIT FEES
Date Description Fee Amount
07/27/2023 Processing/Technology $25.00
07/27/2023 Building Permit $1,020.29
07/27/2023 Building Plan Review $663.19
07/27/2023 Credit Card Service $51.25
Total Due: $1,759.73
Total Payment: $1,759.73
Balance Due: $0.00
CALL FOR INSPECTIONS
Call by 3:30 pm for next day inspection,allow 48 hours for Fire Inspections
When calling for an inspection please leave the following information:
Permit Number,Type of Inspection being requested,and whether you prefer morning or afternoon
INSPECTION INFORMATION I Pass/Fail
tjeC-Iaration of CoA,,enants, Conditions and
�P
R. sir cl-10 s
Arlington.. Washington
9 70 71 70322
covenant-an agreement,usually formal,between two or more persons to do or not do something specific
Highland View Estates
Homeowners Association
17724 Upland Drive
Arlington,WA 98223
L
ARTICLE 1
INTERPRETATION
1.1 Liberal Construction. The provisions of this Declaration shall be
liberally constructed to create a uniform plan for the operation and
maintenance of Highland View Estates.
1.2 Covenant Runnin with Land. This Declaration shall be a set of
covenants running with the land binding of Declarant, its successors and
assigns*, all subsequent owners of the Property, together with their grantees,
successors, heirs, executors, administrators, devises or assigns.
1.3 Declarant is Original Owner. Declarant is the original Owner of
all Lots and Property and will continue to be deemed the Owner thereof
except as conveyances or docun Bents changing such ownership regarding
specifically described lots are filed of record.
1.4 Captions. Captions of the various articles and sections are for
convenience only and are not intended to modify or effect the meaning of any
of the substantive provisions hereof.
1.5 Definitions.
1.5.1 "Association" means the association of Lot Owners
provided for in Article 4 and its successors and assigns.
1.5.2 "Board" means the Board of Directors of the Association
provided for in Article 4.
1.5.3 "Common Areas" means all real property (including the
improvements thereto) owned by the Association for the common use and
enjoy « ent of the Owners and shall include all Common Area described on
the Plat Map.
1.5.4 "Declarant" means the undersigned (being the sole Owner
of the real property described in Exhibit A hereof) and its successors and
assignees if such
*assigns- a person to whom the property or interest of Knother is or may be transferred-my heirs and assigns
1
successors or assigns should acquire more that one undeveloped Lot from the
Declarant for the purpose of development and by written instrument in record
able form be specifically assigned the rights and duties of Declarant.
1.5.5 "Declaration" meaning this declaration and any
amendments there to.
1.5.6 "Home" means any structure, or a portion of a structure, located
on a Lot, which structure is designed and intended for use and occupancy as a
residence by a single family or which is intended for use in connection with
such residence.
1.5.7 "Lot" means and refer to any plot of land shown upon any
recorded Plat Map of Highland Viejo Estates, excluding Common Areas.
"Lot" shall not include any land now or hereafter owned by the Association or
by all of the Lot Owners as tenant-in-common, nor include any land shown on
the Plat Map but dedicated to the public or to a governmental entity.
1.5.S "MortgaV e" means a recorded mortgage or deed of trust
that created a lien against a Lot and shall also mean a real estate contract for
the sale of a Lot.
1.5.9 "Mortgagee" means the beneficial owner, or the designee
of the beneficial owner, or an encumbrance on a Lot created by mortgage or
deed of trust and shall also mean the vendor, or the designee of a vendor, of a
real estate contract for the sale of a Lot.
1.5.10 "Owner" means and refer to the record owner, whether
one or more persons or entities, of a fee simple title to any Horne which is a
part of the Highland View Estates and, except as may be otherwise expressly
provided herein, shall, in the case of a Lot which has been sold pursuant to a
real estate contract, include any person of record holding a vendee's interest
under such real estate contract, to the exclusion of the vendor there under.
An person or entity having such an interest merely as security for the
Any � g y
performance of an obligation shall not be considered an owner.
1.5.11 "Person" shall include natural persons, partnerships,
2
corporation, associations and personal representatives.
1.5.12 "Pro e " "Highland View Estates" or "Premises"
means the real estate described in Exhibit A and all improvements and
structures thereon, including such additions thereto as may hereafter be
brought within the jurisdiction of the Association.
1.5.13 'Plat Main" means the Plat Map recorded in conjunction
with the Plat of Highland View Estates.
1.6 Percentage of Mortgagees. For the purpose of determining the
percentage of first mortgagees approving a proposed decision or course of
action, a mortgagee shall be deemed a separate mortgagee for each Lot on
which it holds a mortgage that is a first lien on the Lot.
1.7 Percentage of Owners. For purposes of determining the
percentage of Owners approving a proposed decision or course of action, as
Owner shall be deemed a separate Owner for each lot owned.
3
ARTICLE 2
OWNERSHIP OF COMMON AREAS
The Common Areas, if any, within any subsequent or precedent phases(s) will
be deemed to be conveyed to the Association upon the recording of an
amendment to this Declaration incorporating such phase within Highland
Kew Estates and will be depicted on the Plat Map recorded in conjunction
with such phase. The Common Areas shall exclude those portions of
common areas (and improvements thereto) which have been or may hereafter
be, dedicated to and owned by a governmental entity. The Common Areas
shall for all purposes be under the control, management and administration of
the Declarant until all Class B memberships terminate, and under the control,
management and administration of the Association thereafter. The
Association (and the Owners who are members thereof) have the
responsibility and obligation to maintain, repair and administer the Common
Areas in a clean, attractive, sanitary and safe condition and in full compliance
with applicable governmental laws, rules and regulations and the provisions
of this Declaration.
4
ARTICLE 3
OWNERS PROPERTY RIGHTS
3.1 Owners' Easements of Enjoyment. Every owner shall have a non-
exclusive right and easement, in common with all Owners, of enjoyment in
and to the Common Area which shall be appurtenant* to and shall pass with
the title to every ]Lot, subject to the following provisions:
3.1.1 The right of the Association to limit access to those
portions of the Common Area, which in the opinion of the Board, are
dangerous;
3.1.2 The right of the Association to charge reasonable
admission and other fees for the use of any recreational facility situated upon
the Common Area;
3.1.3 The right of the Association to suspend voting rights and
right to use Common Areas by an Owner for:
any period during which any assessment against his Lot
remains unpaid;
and for any period not to exceed sixty (60) days for any
infraction of its published rules and regulations.
Until all Class B memberships terminate, the Association shall be required to
suspend the voting rights, and the rights to the use of, recreational facilities by
a member for non-payment of an assessment, if the Declarant so requests.
3.1.4 The rights of the Association to dedicate or transfer all or
any part of the Common Area, including easements across such properties, to
any public agency, authority, or utility for such purposes and subject to such
conditions as may be agreed to by the members of the Association. No such
dedication or transfer shall be effective unless an instrument agreeing to such
dedication or transfer signed by two-thirds (2/3) of the Owners has been
recorded and the provisions of Article 12 hereof have been observed.
*appurtenant-appertaining or belonging,pertaining
5
3.1.5 The right of the Association to limit the number of guests;
3.1.6 The right of the Association, in accordance with this
Declaration and its Articles and Bylaws, to borrow money for the purpose of
improving the Common Area and facilities and in aid thereof, to mortgage
such property, but the right of such mortgagee in such property shall be
subordinate to the rights of the homeowners hereunder and subject to the
provisions of Section 11.1;
3.1.7 The rights of the Association to take such steps as are
reasonably necessary to protect any such mortgaged property against
foreclosure, including, but not limited to, the right to charge admission and
other fees as a condition to continue enjoyment by a member and, if
necessary, to open the enjoyment of such properties to the public; and
3.1.8 Until all Class B memberships terminate, the exercise of
all the rights and powers set forth in subsections 3.1.2, 3.1.3, 3.1.4, 3.1.5,
3.1.6 and 3.1.7 shall require the prior written approval of Declarant.
3.2 Delegation of Use. Any Owner may delegate (in accordance with
the Bylaws), his right of enjoyment to the Common area and Facilities to the
member of his family, or his tenants or contract purchasers who reside on
Highland View Estates and (subject to regulation by the Association) to his
temporary guests.
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I�
ARTICLE 4
OWNERS' ASSOCIATION
4.1 Establishment. There is hereby created an association to be called
Highland Kew Estates Homeowners Association (referred to hereafter as
the "Association."
4.2 Form of Association. The Association shall be a non-profit
corporation formed and operated pursuant to Title 24, Revised Code of
Washington. In the event of any conflict between this Declaration and the
Articles of Incorporation for such non-profit corporation, the provisions of
this Declaration shall prevail.
4.3 Membership.
4.3.1 Qualification. Each Owner of a Lot in Highland Kew
Estates (including Declarant) shall be a member of the Association and shall
be entitled to one inernbership for each Lot so owned. Ownership of a Lot
shall be the sole qualification for membership in the Association.
4.3.2 Transfer of Membership. The Association membership
of each Owner (including Declarant) shall be appurtenant to the Lot giving
rise to such membership, and shall not be assigned, conveyed, pledged or
alienated in any way except upon transfer of title to that Lot and then only to
the transferee of title to such Lot. An attempt to mare a prohibited transfer
shall be void. Any transfer of title to a Lot shall automatically to transfer the
membership in the Association appurtenant thereto the new Owner thereof.
4.4 Voting.
4.4.1 Classes of Voting Membership. The Association shall
have two classes of voting membership:
Class A. Class A members shall be all Owners except
Declarant. Class A members shall be entitled to one vote for each Lot
owned.
Class B. The Class B member shall be the Declarant, which
shall be entitled to three (3) votes for each Lot owned. The Class B
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membership for the first phase of the development of Highland View Estates
shall cease and be converted to Class A membership on the happening of the
first of the following events:
(a) when the total votes outstanding in the Class A membership
are equal to total or greater than votes outstanding in the
Class B membership, or
(b) the date when Declarant's management powers terminate as
provided in Section 5.2.
If the Declarant proceeds with the development of additional phases of
Highland View Estates then the Declarant shall be entitled to additional
Class B membership votes, three (3) votes for each unsold Lot in the
additional has being developed. The Class B memberships for each
additional phase of development of Highland View Estates shall cease and
be converted to Class A membership as each such Lot is sold or when
Declarant's management powers terminate, as provided in Section 5.2
In determining whether any given proposition shall have been approved by
the membership, the total number of Class A and Class B votes shall be
combined and appropriate percentage applied against that combined number.
4.4.2 Number of Votes. Except as provided above, the total
voting power of all Owners shall equal the number of Lots at any given time
and total number of votes available to Owners any one Lot shall have one
vote.
4.5 Bylaws of Association. By laws for the administration of the
Association and Highland View Estates and to further the intent of this
Declaration, shall be adopted or amended by the Owners at a regular or
special meeting: provided, that the initial Bylaws shall be adopted by the
Declarant. In the event of any conflict between this Declaration and any
Bylaws, the provisions of this Declaration shall prevail.
8
ARTICLE 5
MANAGEMENT OF THE ASSOCIATION
5.1 Administration of the Development. The Owners covenant and
agree that the administration of Highland View Estates shall be in
accordance with the provisions of this Declaration and the Bylaws of the
Association which are a part hereof.
5.2 Management by Declarant. Highland Kew Estates shall be
managed by the Declarant until the earlier of:
(a) one hundred twenty (120) days after all Class B memberships
terminate and Declarent elects not to proceed with any
further phases of development of Highland View Estates
within one (1) year after all Class B memberships terminate
then Declarant's management authority shall automatically
terminate; or
(b) the date on which Declarant elects to permanently relinquish
all of its authority under Section 5.2 by written notice to all
Owners.
Declarant, so long as it is managing Highland View Estates or a managing
agent selected by Declarant, shall have exclusive power and authority to
exercise all the rights, duties and functions of the Board set forth or
necessarily implied in this Declaration' provided, however, that the
Association may not, however, be bound directly or indirectly to any
contracts or leases without the right of termination exercisable without cause
and without penalty at any time after transfer of control to the Board elected
pursuant to Section 5.3, upon not more than ninety (90) days' notice to the
other party to the contract.
5.3 Management ment by Elected Board of Directors. At the expiration of
Declarant's management authority under Section 5.2 administrative powers
and authority shall vest in a Board of Director elected from among the Lot
Owners. The number of directors shall be specified in the Bylaws and shall
be sufficient to adequately handle the affairs of the Association. The Board.
may delegate all and any portion of its administrative duties to a managing
agent or officer of the Association. All Board officers shall be open for
9
election at an organizational meeting. The Board shall elect from among its
members a president who shall preside over meeting of the Board and
meeting of the Association.
5.4 Authority Duties of the Board. On behalf of and acting for the
Association, the Board (or the Declarant's managing agent as provided in
Section 5.2 hereof), for the benefit of Highland View Estates and Owners,
shall have all powers and authority permitted to the Board under this
Declaration, including but not limited to the following:
5.4.1 Assessments. Establish and collect regular assessments
(and special assessments to the extent necessary and permitted hereunder) to
defray expenses attributable to carrying out its duties hereunder and maintain
an adequate reserve fund for the maintenance, repair and replacement of those
portions of the Common. Areas or facilities which must be maintained,
repaired or replaced on a periodic basis, which reserve shall be funded by the
above assessments.
5.4.2 Service. Obtain the services of persons or firms as
required to properly manage the affairs of Highland View Estates to the
extent deemed advisable by the Board including legal and accounting
services, property management services as well as such other personnel as the
Board determines to be necessary or proper for the operation of the Common
Area, whether such personnel as the Board shall determine are necessary or
proper for the operation.
5.4.3 Insurance. Obtain and pay for policies of insurance or
bonds providing Common Area casualty and liability coverage, and for
fidelity of Association officers and other employees, the requirements of
which are more fully set forth hereinafter.
5.4.4 Maintenance and Repair of Common Areas. Pay for the
costs of painting, maintenance, repair of all landscaping and gardening work
for all Common Areas and improvements located thereon, so as to keep
Highland Kew Estates in good, clean, attractive, sanitary and safe condition
in full compliance with applicable governmental laws, rules and regulations
and provisions of this Declaration. The foregoing shall include replacing and
repairing of furnishings and equipment, if any, for the Common Areas as the
Board shall determine are necessary and proper.
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5.4.5 Maintenance of Right of Way, etc. To the extent deemed
advisable by the Board, pay for the costs of maintaining and landscaping
rights-of=way, traffic island and medians, or other similar areas which are
within or adjacent to Highland View Estates boundaries, and which are
owned by or dedicated to a governmental entity, if the governmental fails to
do so; providing, the Lot Owner at the Owner's expense (rather than the
Association) shall maintain and landscape such areas as are adjacent such
Owner's Lot which are not Common Areas.
5.4.6 Fences, etc. To the extent deemed advisable by the
Board, pay for the cost of maintaining, repairing and replacing:
perimeter and interior fences, if any;
and landscaping and improvement on easements, if any, which are
located on or across Lots;
provided, the Board at its option may require a Lot Owner at the owner's
expense to maintain, repair and replace such fences, landscaping and
improvements as are adjacent to the Owner's Lot.
5.4.7 Enforce Declaration. Enforce the applicable provisions of
the Declaration for the management and control of Highland View Estates.
5.4.8 Contracting; and Payment for Materials, Services, etc.
Contract and pay for any materials, supplies, labor and services which the
Board determines are necessary or proper for the enforcement of this
Declaration, including legal, accounting, management or other services;
provided that it for any reason any material, supplies, labor or services are
provided for particular Lots or this Owners, the cost thereof shall be
specifically charged to Owner of such Lots.
5.4.9 Attorney-in-fact. Each Owner, by the mere act of
becoming an Owner, irrevocably appoints the Association as his attorney-in-
fact, with the power of substitution, to take such action as reasonably
necessary promptly to tl perform the duties of the Association and Board
� Y
including but not limited to the duties to maintain, repair and improve the
property, to deal with the property upon damage or destruction, and to secure
insurance proceeds.
I
5.4.10 Borrowing of Funds. In the discharge of its duties and
the exercise of its powers as set forth herein, but subject to the limitations set
forth herein, the Board may borrow finds on behalf of the Association.
5.4.11 Adoption of Rules and. Regulation. When and to the
extent deemed advisable by the Board, to adopt reasonable rules and
regulations governing the maintenance and use of Highland Viers Estates and
other matters of mutual concern to the Lot Owners, which rules and
regulations are not inconsistent with this Declaration and the Bylaws and
which treat all Owners fairly and on a non-discriminatory basis.
5.4.12 Additional Powers of Association. In addition to the
duties and powers of the Association, as specified herein, and elsewhere in
the Declaration, but subject to the provisions of this Declaration, the
Association, acting through its Board, shall have the power to do all other
things which may be deemed reasonably necessary to carry out its duties and
the purpose of this Declaration.
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ARTICLE 6
ARCHITECTURAL CONTROL
6.1 Construction and Exterior Alteration or Repair.
6.1.1 All buildings and structures (including, without limitation,
concrete or masonry walls, rockeries, fences, swimming pools, or other
structures) to be constructed in Highland View Estates, and all exterior
alterations and repairs (including, but not limited to, re-roofing or repainting)
or any buildings or structures in Highland View Estates and visible from any
public street, Common Area or other Lot must be approved by the Board of
Directors of the Association, or by an Architectural Control Committee
(ACC) composed of three (3) or more representatives appointed by the
Board; provided, that while Declarant owns any Lots within Highland View
Estates Declarant at its option may exercise all of the rights and powers of
the Board under Section 6.1 including without limitations the appointment of
members of the ACC. References in this Article 6 to the ACC shall be
deemed to included the ACC, the Board, or the Declarant, as circumstances
may dictate. Complete plans and specifications of all such proposed
buildings, structures, and exterior alterations and repairs, together with
detailed plans showing the proposed location of the same on the particular
building site and other data requested by the ACC, shall be submitted to the
ACC before construction, alteration or repair is started. Construction,
alteration or repair shall not be started until written approval thereof is given
by the ACC. Any exterior modifications in accordance with plans and
specifications developed by the Declarant and filed with the Board of
Directors at the time of transfer (pursuant to Article 5.3) will be deemed
approved exterior modifications.
6.1.2 The ACC will review submittals as to the quality of
workmanship and materials planned and for conformity and harmony to the
external design with proposed or existing structures on neighborhood
residential Lots or building sites, and as to location of the building with
respect to topography, finish grade elevation, and building setback
restrictions.
6.1.3 It the ACC fails to approve or disapprove such design and
location within thirty (30) days after the plans and specification have been
submitted to it, such plans and specifications will be deemed approved.
13
6.1.4 All plans and specifications submitted for approval by the
ACC must be submitted to the ACC at least thirty (30) days prior to the
proposed construction, exterior alteration, or repair starting date. The
maximum height of any building shall be established by the ACC as part of
the plan approval and shall be given in writing together with the approval.
6.1.5 One complete set of plans and specifications shall in each
case be delivered to and left with the ACC permanently. The ACC shall have
the right to refuse or suggest modification to any design only as noted in 6.1.2
for improvements.
6.1.6 The ACC shall have the right to take into consideration
the suitability of the exterior color scheme, and the harmony thereof, with the
surroundings.
6.1.7 Recreational and structured recreational equipment, shall
be subject to all conditions, restrictions and requirements as noted in 6.1.1 for
all buildings and structures.
6.1.8 The ACC shall have the right to require, at a Lot Owner's
expense, the trimming or topping (or, if deemed necessary by the ACC,
removal) of any tree, hedge or shrub on a Lot which the ACC determines is
unreasonably, blocking or interfering with the view or access to sunlight of
another Lot.
6.1.9 The ACC shall have the right to specify precisely the size,
color and style of mailboxes, and the post or support on which such
mailboxes are affixed, and their location within Highland View Estates.
6.1.10 Declarant (including any successor in interest to
Declarant's status as Declarant) shall not be subject to the restrictions of this
Section 6.1 as to any Lot owned by Declarent, whether or not any Class B
membership exists and whether or not management of the Association has
been relinquished by Declarant pursuant to Section 5.2 hereof.
6.2 Sales Facilities of Declarant. Notwithstanding any provision in
this Declaration to the contrary, Declarant (its agents, employees and
contractors shall be permitted to maintain during the period of sale of Lots
P g
14
and/or Homes upon such portion of Highland View Estates (other than Lots
sold by Declarant) as Declarant may choose, such facilities as in the sole
opinion of the Declarant may be reasonable required, convenient or incidental
to the construction, sale or rental of Lots and Homes, including, but not
limited to, a business office, storage area, signs, model units, sales office,
construction office, and parking cars for all prospective tenants or purchasers
of Declarant,
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ARTICLE 7
USE AND MAINTENANCE OBLIGATIONS OF OWNERS
7.1 Maintenance of Lots. Each owner, at the Owners sole cost and
expense shall promptly and continuously maintain, repair and restore the
Owner's Lot (including the yard and landscaping) and Home and other
improvements located thereon, and also such other areas as may be required
pursuant to Section 5.4.6 and 5.4.7, in a good clean, attractive, safe and
sanitary condition and in full compliance with all applicable governmental
laws, rules and regulations and the provisions of this Declaration and the rules
and regulations of the Association.
7.2 Residential Use. Except as provided in Section 7.6, all Lots and
improvements located thereon shall be used, improved and devoted
exclusively to residential use. Nothing herein shall be deemed to prevent the
Owner from 'leasing a Lot and improvements subject to all the provisions of
the Declaration.
7.3 _Restriction on Further Subdivision. No Lot or portion of a Lot in
this plat shall be divided and sold or resold, or ownership changed or
transferred whereby the ownership of any portion of this plat shall be less
than the area required for the use district in which located; provided, the
foregoing shall not prohibit deeds of correction, deed to resolve boundary
disputes and similar corrective instruments. Lots maybe joined and joined
Lots may subsequently be subdivided only into the Lots originally joined.
7.4 Rental Lots.
7.4.1 With respect to the leasing, renting, or creation of any
kind of tenancy of a Lot and improvements thereon by its Owners, such
Owner shall be prohibited fiom leasing or renting less that the entire Lot or
improvement thereon, of(with exception of a lender in possession of a Lot
and improvement thereon following a default in a first mortgage, a foreclosure
proceeding or any deed of trust sale or other arrangement in lieu of a
foreclosure)for a term of less than thirty (30) days; and all leasing or rental
agreements shall be in writing and be subject to the Declaration and Bylaws
(with a default of the tenant in complying with the Declaration and :Bylaws
constituting a default under the lease or rental agreement.
16
7.4.2 If a Lot or Dome is rented by its Owner, the Board may
collect, and the tenant or lessee shall pay over to the Board, so much of the
rent for such Lot or Home as is required to pay any amounts due the
Association hereunder, plus interest and costs, if the same are in default over
thirty (30) days. The renter or lessee shall have the right to question payment
over to the Board, and such payment will discharge the lessee's or renter's
duty of payment to the Owner for rent, to the extent such rent is paid to the
Association, but will not discharge the liability of the Owner, and the Lot or
Home under this Declaration for assessments and charges, or approval of the
lease. The Board shall not exercise this power where a receiver has been
appointed with respect to the Lot or its Owner; nor in derogation of any rights
which a mortgagee of such Lot may have with respect to such rents. Other
than as stated herein there are no restrictions on the right of any Owner to
lease or otherwise rent his Home.
7.5 Zoning Regulations. Zoning regulations, building regulations,
environmental regulations and other similar governmental regulations
applicable to the Property subject to this Declaration shall be observed. In
the event of any conflict between any provisions of such governmental
regulations and restrictions of this Declaration, the more restrictive provisions
shall apply.
7.6 Business Use. No business of any kind shall be conducted on any
Lot with the exception of
(a) the business of Declarant in development and selling all of
the Lots, and
(b) such home occupations which may be permitted by the
appropriate local govermnent and which is not otherwise in
violation of the provisions of this Declaration.
7.7 Building Setback Requirements. All buildings and other Lot
improvements shall comply with all applicable governmental requirements,
including, without limitations, minimum setback requirements.
7.8 Oil and Mining Operations. No oil drilling, oil development
operations, oil refining, quarrying or mining operations of any kind shall be
permitted upon or in any Lot; nor shall oil wells, tanks, mineral excavations
17
or shafts be permitted upon or in any Lot. No derrick or other structure
designed for use in boring for oil or natural gas shall be erected, maintained
or permitted upon any Lot.
7.9 Catch Basin. No private catch basin or other surface or subsurface
water drainage systems may be connected to the street or to a public storm
drainage system without the consent of the governmental authority having
jurisdiction over the street or public storm drainage system. The cleaning of
any catch basins on individual Lots shall be carried out at least once prior to
September 15 of each calendar year.
7.10 Lot Size. No residential structure shall be erected or placed on
any Lot which has a lot area of less than that required by governmental entity
having appropriate jurisdiction over Highland View Estates.
7.11 Garages. Every Home must have garage which holds at least two
full-sized cars, but no more than three full-sized vehicles (any car, boat,
recreational vehicle, etc. shall be deemed as one car for purposes of this
limitation).
7.12 Square Footage. Each single family residence must include a
minimum of 1,100 square feet for one story structures and 1,400 square feet
for two story structures, excluding garage and porches.
7.13 Mobile or Manufactured Housing. Custom designs by licensed
architects shall be strongly encouraged and any use of repetitive design shall
be strictly discouraged and/or prohibited at the discretion of the ACC. The
ACC may refuse to approve a plan based on design or repetitive use of a
plan, or for failure to meet the approved criteria as set forth. There shall be
no mobile or manufactured housing.
7.14 Driveway Standards. All driveways on private Lots shall be
constructed of concrete with a minimum of aggregate finish or other material
approved by ACC.
7.15 Parking. Unless substantially screened from view from the street
or from the ground level of adjacent Lots in a manner reasonably approved by
the ACC, no recreational vehicles, conunercial vehicles, construction or like
equipment, boats, or trailers (utility, boat, camping, horse, or otherwise) shall
18
be allowed to be parked or stored on any Lot, or street for a period in excess
of 14 days. The Board of Directors shall have full authority to determine if
any vehicle is obnoxious or undesirable to other Lot Owners and take
appropriate steps to correct such violation of this covenant.
7.16 Roof The exterior of all roofs shall be composed of materials
approved by ACC. All roofs must have a pitch of at least 4/12, unless
approved by the ACC based on considerations regarding a specific Lot.
Under no circumstances are flat roofs allowable.
7.17 Exterior Finish. LAP Siding on front of houses. Sheet siding or
better on sides and rear. Exterior trim, fences, doors, railings, decks, eaves,
gutter and the exterior finish of garages and other accessory buildings shall be
designed, built and maintained to be compatible with the exterior of the
structure they adjoin.
7.18 Utilities. All utilities shall be installed underground. No fuel
tank shall be maintained above ground unless properly screened in a manner
acceptable to the ACC.
7. 19 Antenna. No antenna, satellite dish with a diameter larger than
twenty-four inches, or other similar type of exterior equipment shall be
allowed on any Lot unless approved by the ACC. No such equipment shall
be visible from the street.
7.20 Fencin . No fences or site-screening improvements shall be
erected without the written approval of the ACC. Fences may only be placed
(a) along the rear property line;
(b) along the side Lot lines from the front building line to the
rear Lot line; and
(c) from a side Lot line fence to the side of a house.
No fence may exceed six (b) feet in height and under no circumstances may
obstruct view from any other Lot, provided that the height limitation shall not
apply to site screening approved by the ACC pursuant to Section 7.15. A
fence must be constructed of wood or other material approved by the ACC.
19
All fences must also comply with the building code of the City of Arlington.
Hedges or other solid screen planting may be used as the Lot tine barriers
subject to the same height restrictions as fences.
7.21 Fireplace Chimneys. Fireplace chimneys must be constructed
with material approved by the ACC and otherwise required by this
Declaration.
7.22 Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or
debris of any kind shall be deposited on or left upon any Lot unless placed in
an attractive container suitably located and screened from view of any other
Lot Owner. All equipment for the storage or disposal of such material shall
be kept in a clean and sanitary condition. No building material of any kind
shall be placed or stored on any property within the development until the Lot
Owner is ready to commence construction, and then such material shall be
placed within the boundary lines of the Lot upon which its use is intended.
Garbage cans may only be placed in public view on the day of garbage pick-
up. All woodpiles and storage area must be placed so they do not obstruct or
hamper any other Lot -Owner's view and musts be suitable screened from all
other Lot Owner's views.
7.23 Games and Play Structures. No platform, dog house, playhouse
or structure of a similar kind or nature shall be constructed on any part of a
Lot located in front of the rear line of the residence constructed thereon, and
any such structure must have prior approval of the ACC. No such structure
shall be built by a private Lot owner in any Common Areas or park area.
7.24 Tool Sheds. Custom built or manufactured tool sheds not larger
than 200 square feet and not higher than eight feet may be constructed at a
suitable location on a Lot, subject to the advance approval of the ACC as to
design, color and location.
7.25 Construction of Significant Recreational Facilities. The
construction of any significant recreational facility on any Lot including, but
not limited to, such items as swimming pools, tennis, badminton, or pickle
ball courts shall require the approval of the ACC and shall be subject to the
requirements adopted by the ACC.
20
7.26 Livestock and Poultry. No animals or reptiles of any kind shall
be kept on Highland View Estates except that dogs, cats, and other indoor
household pets may be kept provided they are not kept, bred, or maintained
for any commercial purpose. No individual Lot Owner shall keep more than
two animals of the same kind or four animals in total. No dogs shall be
allowed outside of a fenced yard without being on a leash and tended by a
person.
7.27 Landscaping. All cleared areas in front of building line to the
street shall be fully landscaped within sixty (60) days, depending on weather
conditions, or the time when the house is ready for occupancy. Owners shall
install or have installed with six (6) months of occupancy the balance of all
landscaping unless a time longer is approved by the ACC.
7.28 Sig_. No signs of any kind, nor for any uses shall be erected,
posted, painted or displayed on any building site in this subdivision
whatsoever, except:
public notice by a political division of the State or County or as
required by law;
any building or the builder's agent may erect and display signs
during the period the builder is building and selling property in
the subdivision as approved by the ACC; and
any Lot Owners or the Lot Owner's agent wishing to sell that
Owner's Lot may place one sign not larger than 900 square
inches on the property itself subject to the approval of the ACC.
7.29 Temporary Structures. No trailer, basement, tent, shack, garage,
barn or other outbuildings or any structure of a temporary character erected or
placed on Highland View Estates shall at any time be used as a residence,
even temporarily. No building or structure shall be moved on to Highland
View Estates from any land outside the development. A trailer may be placed
and occupied by the designated subdivision sales agent with the prior written
approval of the ACC. A construction shack may be used by an Owner's
construction contractor during the construction period.
21
7.30 Completion of Construction . All construction shall begin within
six (6) months of the date of closing for each Lot. Any dwelling or structure
erected or placed on any Lot shall be completed as to external appearance,
including finish painting or stained, and shah be connected to sewers with
eight (8) months from the date of commencement of construction, unless
some longer period of time is approved in writing by the ACC.
7.31 Easements. Easements for the installation and maintenance of
utilities and drainage, and irrigation facilities, are reserved as shown on the
recorded Plat. Within these easements, no structure, planting or other
materials shall be placed or permitted to remain which may damage or
interfere with the installation and/or maintenance of such utilities, or which
may change the direction, obstruct or retard the flow of water through a
drainage channel in the easement. The surface of easement on any Lot and all
improvements in it shall be maintained continuously by the Lot Owner.
7.32 Use During Construction. Except with the approval of the ACC,
no person shall reside upon the premises of any Lot until such time as the
improvements to be erected thereon are in accordance with the plans and
specifications approved by the ACC. Completion shall be considered receipt
of a final inspection or issue of certificate of occupancy for the dwelling unit
by the local government agency having jurisdiction for the subject of the
inspection or the certificate.
7.33 Excavations. Except with the permission of the ACC, or except
as may be necessary in connection with the construction of any approved
improvement or minor landscaping contouring, no excavation shall be made
nor shall any dirt be removed from or added to any Lot herein.
7.34 Nuisances. No noxious or undesirable thing or noxious or
undesirable use shall be permitted or maintained upon any Lot or upon any
other portion of Highland View Estates. If the Board of Directors
determines that a thing or use is undesirable or noxious, that determination
shall be conclusive.
7.35 Clothes Lines, Other Structures. No clothes lines or other
structures of a similar nature shall be visible from the front street.
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7.36 Common Drives. Common drives, walks, (if any) and paths (if
any) shall be used exclusively for normal transit and no obstruction shall be
placed thereon or therein except by the express written consent of the Board.
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ARTICLE 8
COMMON EXPENSES AND ASSESSMENTS
8.1 Creation of the Lien and Personnel Obligation of Assessments.
The Declarant, for each Lot owned within Highland View Estates hereby
covenants, and each Owner of any Lot by acceptance of a deed thereof,
whether or not it shall be so expressed in such deed, is deemed to covenant
and agree to pay to the Association any assessment duly levied by the
Association as provided herein. Such assessments, together with interest,
costs, late charges and reasonable attorney's fees, shall be a charge on the
land and shall be a continuing lien upon the property against which such
assessment is made. Each such assessment, together with interest costs, late
charge and reasonable attorney's fees, shall also be the personal obligation of
the person who was the Owner of such property at the time when the
assessment fell due. The personal obligation for delinquent assessments shall
not pass to his successors in title unless the lien for such delinquent
assessments had been properly recorded prior to title transfer or unless
expressly assumed by them. Provided, however, that in the case of a sale of
any Lot which is charged with the payment of an assessment or assessments
payable in installments, the person or entity who is the Owner immediately
prior to the date of any such sale shall be personally liable only for the
amount of the installments due prior to that date. The new Owner shall be
personally liable for installments which become due on and after that date.
Any lien hereunder shall survive a foreclosure by any mortgagee or deed of
trust holder or any other person possessing foreclosure rights and the
obligation underlying the lien shall be the personal obligation of any person
coming into title of a foreclosed Lot.
8.2 Uniform Rate. Any assessment which may be levied from time to
time pursuant to the authority of the Board as set forth in Section 5.4.1
hereof, shall be fixed of a uniform rate for each Lot, except for assessments
levied against an Owner for the purpose of reimbursing the Association for
costs incurred in bringing the Owner or his Home and/or Lot into compliance
with the provisions of this Declaration. Declarant shall pay any assessment
levied against and Lots owned by it. An assessment against a Lot shall be the
joint and several personal obligation of all Owners of that Lot.
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8.3 Limitation on Annual Assessment Amount.
8.3.1 Board Authority. The Board shall have the authority,
without obtaining prior approval of the Owners to levy assessments in a given
calendar year totaling not more than $200.00 per Lot. Assessments included
in the foregoing calculations shall not include any assessments which are
levied against an Owner for reimbursing the Association for costs incurred in
bringing the Owner of his Home and/or Lot in compliance with the provisions
of this Declaration.
8.3.2 Inflationary Increase in Dollar Limit. The dollar amount
specified in Section 8.3.1 shall be increased proportionately by the increases
in the consumer price index for the City of Seattle, Washington, for All Urban
Consumers, prepared by the United States Department of Labor for the base
period, January 1, 1996, to adjust for any changes in the index.
8.3.3 Owner Approval Required. Except as to governmental
assessments as provided in Section 8.3.4, any assessment to be levied in a
calendar year which would cause the total of all assessments for the year to
exceed the sum per Lot permitted by Section 8.3.1 shall required the calling
of a meeting of the Association upon notice sent to all members not less than
thirty (30) days nor more than sixty (60) days in advance of the meeting, and
the approval at such meeting of the levy of such assessment by a majority of
the Lots represented at such meeting, provided a quorum* is present as
defined in the Bylaws. In addition, any borrowing by the Association in any
amount shall require the approval of the members in the manner set forth
herein.
8.3.4 Governmental Assessments. If any governmental
authority issues an assessment against the Association or its properties for
any reason, including taxes, the Board may issue a special assessment against
the Lots to pay for the cost of the assessment and/or the reasonable cost of
contesting the assessment.
8.4 Accounts. An assessments collected b the Association shall be
Y Y
deposited in one or more insured institutional depository accounts established
quorum-the number oftnembers ofa group or organization required to be present to transact business legally,usually majority
25
by the Board. The Board shall have exclusive control of such accounts and
shall maintain accurate records thereof. No withdrawal shall be made from
accounts except to pay for charges and expenses authorized by the
Declaration.
8.5 Liens. If any assessment or installment thereof remains delinquent
for more than thirty (30) days, the Board may, upon fifteen (15) days' prior
written notice to the Owner of that Lot, accelerate and demand immediate
payment of the entire assessment. The amount of any assessment assessed or
charged to any Lot plus interest, costs, late charges and reasonable attorneys
fees, shall be a lien upon such Lot. A Notice of Assessment shall be recorded
in the office of the Snohomish County Auditor, or its successor. Such Notice
of Assessment may be filed at any time at least fifteen (15) days following
delivery of the notice of default referred to above in this Section 8.5. The lien
for payment of such assessment and charges shall have priority over all other
Hens and encumbrances, recorded or unrecorded, limited as provided in
Section 11.1. Suit to receive a money judgment for unpaid assessments or
charges shall be maintainable without foreclosure or waiver of therein
securing the same.
8.6 Waiver of Homestead. Each Owner hereby waives, to the extend
of any liens created pursuant to this Article, the benefit of any homestead of
exemption law in effect at the time any assessment or installment thereof
becomes delinquent or any lien is imposed pursuant to the terms hereof.
8.7 Continuing Liability for Assessments. No Owner may exempt
himself from liability for his Assessments by abandonment of his Lot.
8.8 Records: Financial Statements, The Board shall prepare or cause
to be prepared for any calendar year in which the Association levies or
collects any assessments and shall distribute to all Owners, a balance sheet
and an operating (income/expense) statement for the Association, which shall
include a schedule of assessments received and receivable, identified by the
number of the Lot and the name of the Owner so assessed. The Board shall
cause detailed and accurate record of the receipts and expenditures of the
Association to be kept specifying and itemizing the maintenance, operating,
and any other expense incurred. Such records, copies of this Declaration, the
Articles and Bylaws, and any resolutions authorizing expenditures of
Association funds shall be available for examination by any Owner at
26
convenient hours of weekdays.
8.9 Certificate of Assessment. A certificate signed and acknowledged
by the treasurer or the president of the Board, or an authorized agent thereof
if neither the president nor treasurer is available, stating the indebtedness for
assessments and charges or lack thereof secured by the assessment lien upon
any Lot shall be conclusive upon the Association as to the amount of such
indebtedness on the date of the certificate, in favor of all persons who rely
thereon in good faith. Such a certificate shall be furnished to any Owner or
any encumbrance of a Lot within a reasonable time after the request, in
recordable form, at a reasonable fee. Unless otherwise prohibited by law, any
creditor holding a lien on a Lot may pay any unpaid assessments or charges
with respect to such Lot, and upon such payment, shall have a lien on such
Lot for the amounts paid of the same rank as the lien of his encumbrance.
8.10 Foreclosure of Assessment Lien: Attorneys_Fees and Costs. The
Declarant or Board, on behalf of the Association, may initiate action to
foreclose the lien of, or collect any assessment. In any action to foreclose the
lien of, or otherwise collect, delinquent assessments or charges, any judgment
rendered in favor of the Association shall include a reasonable sum for
attorneys' fees and all costs and expenses reasonably incurred in preparation
for or in the prosecution of the action, in addition to taxable costs permitted
by law.
8.11 Curing of Default. The Board shall prepare and record a
satisfaction and release of the lien for which a Notice of Assessment has been
filed and recorded in accordance with this Article upon timely payment of
other satisfaction of all delinquent assessments set forth in the Notice, and all
assessment which have become due and payable following the date of such
recordation with respect to the Lot as to which Notice of Assessment was
recorded, together with all costs, late charges and interest which have accrued
thereon. A fee of twenty-five dollars ($25.00) covering the cost of
preparation and recordation shall be paid to the Association prior to such
action. The satisfaction of the lien created by the Notice of Assessment shall
be signed by the president or treasurer of the Association or by any
authorized representative of the Board. For the purpose of this paragraph,
the term "costs" shall include costs and expenses actually incurred or
expended by the Association in connection with the cost of preparation and
recordation of the Notice of Assessment and in efforts to collect the
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delinquent assessments secured by the lien and a reasonable sum for
attorneys' fees.
8.12 Payment by Owners. Each Owner shall be obligated to pay its
share of common expenses and special charges made pursuant to this Article
to the treasurer for the Association. Annual Assessment shall be paid in full
on or before the annual due date established by the Board. Special
assessments shall be payable annually, or in equal monthly installments on or
before the first day of each month during each year, or in such other
reasonable manner as the Board shall designate. Assessments for each Lot
Owner shall begin on the date the Owner closes the transaction in which he
acquires right, title or interest in the Lot. Assessments for the initial month
shall be prorated if closing occurs on other than the first of the month. Any
assessment or charge which remains unpaid for at least thirty (30) days shall
bear interest at the rate of twelve percent (12%) from due date until paid. In
addition, the Board may impose a late charge in an amount not exceeding
twenty-five percent (25%) of any unpaid assessment or charge which has
remained delinquent for more than fifteen (15) days.
8.13 Omission of Assessment. The omission by the Board or the
Association to fix the estimated assessment and charges hereunder for the
next year before the expiration of any current year shall nor be deemed a
waiver or modification in any respect of the provisions of this Declaration, or
a release of the Owner from the obligation to pay the assessments and
charges, or any installment thereof for that or any subsequent year. The
assessment and charge fixed for the preceding year shall continue until a new
assessment or charge is fixed.
8.14 Assessment Deposit. A Lot Owner may be required, by the.
Board or by the managing agent, from time to time, to make and maintain a
deposit of not more than the total of-
one (1) Annual Assessment; plus one (1) Special Assessment if
Special assessments are payable on an annual basis, or
three (3) Special Assessment Installments if Special
Assessments are payable on a monthly or other periodic basis.
28
Such deposit may be collected as are other assessments and charges. Such
deposit shall be held in a separate fund, be credited to such Owner, and be for
the purpose of establishing a capital fund for the initial Highland View
Estates operations and a reserve for delinquent assessments. Resort may be
had thereto at any time when such Owner is ten (10) days or more delinquent
in paying his assessments and charges, to meet unforeseen expenditures, to
acquire additional equipment of services deemed necessary or desirable by
the Board, or as a credit against any Annual or Special assessment to become
due from such Owner. The deposits shall not be considered as advance
payments of Annual Assessments. All or any portion of such deposit may at
any time be refunded to the Owner by the Association at the discretion of the
Board, such refund being made as a cash refund or a credit against
assessments subsequently to become due or a combination thereof.
8.15 Exempt Property The following property subject to this
Declaration shall be exempt from the assessments created herein:
8.5.1 All properties dedicated to and accepted by a
governmental entity;
8.5.2 All Common Properties; and
8.5.3 All properties owned by a charitable organization exempt
from taxation by the laws of the State of Washington.
However, the land or improvements, which are referred to in Sections 8.15.2,
8.15.2 and 8.15.3 and which are devoted to dwelling use, shall not be exempt
from the assessments.
8.16 Effect of Legal Proceedings. In any legal proceeding commenced
pursuant to Section 9.1.1, and notwithstanding the assessment limitations
provided for in this Declaration, the court having jurisdiction over such
proceeding shall also have jurisdiction and power to cause assessments to be
levied and collected on an equal per Lot basis in such amount as is reasonably
necessary to cause Highland riew EstaEtes to be properly administrated in
accordance with the provisions of this Declaration and the Bylaws, or to
cause the provisions of this Declaration and the Bylaws to be properly
applied and enforced.
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III
ARTICLE 9
COMPLIANCE WITH DECLARATION
9.1 Enforcement.
9.1.1 Compliance of Owner. Each Owner, Board member and
Association shall comply strictly with the provisions of this Declaration and
with the Bylaws and administrative rules and regulations adopted by the
Association (as these may be lawfully amended from time to time). Failure to
comply shall be grounds for an action to recover sums due for damages, or
injunctive relief, or both, maintainable by the Board (acting through its
officers on behalf of the Association and the Owners), or by the aggrieved
Owner on his own against the party (including an Owner of the Association)
failing to comply.
9.1.2 Compliance of Lessee. Each Owner who shall rent or
lease his Lot shall insure that the lease or rental agreement will be in writing
and subject to the terms of this Declaration, Articles of Incorporation, if any,
and Bylaws. The agreement shall fi.irther provide that failure of any lessee to
comply with the provisions of the documents shall be a default under the
lease.
9.1.3 Attorneys' Fees. In any action to enforce the provisions of
this Declaration, the Articles or the Bylaws, the prevailing party in such legal
action shall be entitled to an award for reasonable attorneys' fees and all costs
and expenses reasonably incurred in preparation for a prosecution of the
action, ul addition to taxable costs permitted by law.
9.2 No Waiver of Strict Performance. The failure of the Board, or
Declarant or Declarant's managing agent, as applicable, in any one or more
instances to insist upon or enforce the strict performance of any of the terms,
covenants, conditions or restrictions of this Declaration, or of any Bylaws or
administrative rules or regulations, shall not construed as a waiver or
relinquishment for the future of such terms, covenant, condition or restriction,
but such term, covenant, condition or restriction shall remain in full fore and
30
effect. No waiver by the Board of any provision hereof shall be deemed to
have been made unless expressed in writing and signed by the Board. In any
action brought on behalf of the Association to enforce any part of these
covenants, no Member may raise the defense that the covenants, or any part
thereof, are not enforceable because of the existence of other violations of the
covenants unless that Member has provided written notification of other
violations to the Association prior to that Members being notified of his
violation of these covenants.
9.3 Right of Entry. Violation of any of the provisions hereof shall give
to Declarant, its successors, or the Association, the right to enter upon the Lot
as to which such violation exists and to abate, correct and remove, at the
expense of the Owner thereof, any erection, thing or condition that may be or
exists thereon contrary to the provisions hereof Such entry shall be made
only after three (3) days' written notice to the Owner and with as little
inconvenience to the Owner as possible, and any damage caused thereby shall
be repaired by the Association. Declarant, its successors, or the Association
shall not be deemed guilty of any manner of trespass by such entry, abatement
or removal.
9.4 Remedies Cumulative. The remedies provided are cumulative, and
the Board may pursue them concurrently, as well as any other remedies which
may be available under law although not expressed herein.
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ARTICLE 10
MORTGAGE PROTECTION
10.1 No Personal Liability. So long as a Board member, Association
Committee member, Association officer, or Declarant exercising the powers
of the Board, has acted in good faith, without willful or intention misconduct,
upon the basis of such information as may be possessed by such person, no
such person shall be personally liable to any Owner, or other party, including
the Association, for any damage, loss or prejudice suffered or claimed on
account of any act, omission, error, negligence (except gross negligence), and
discretionary decision, or failure to make discretionary decision, by such
person in such person's official capacity; PROVIDED, that this section shall
not apply where the consequences of such act, omission, error or negligence
are covered by insurance or bonds obtained by the Board pursuant to this
Declaration.
10.2 Indemnification of Board Members. Each Board member or
Association committee member, or Association Officer, or Declarant
exercising the powers of the Board and their respective heirs and successors,
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/she may be a party, or in which he/she may
become involved, by reason of being or having held such position at the time
such expense or liabilities are incurred, except in such cases wherein such
person is adjudged guilty of intentional misconduct, or gross negligence or a
knowing violation of law in the performance of his/her duties, and except in
such cases where such person has participated in a transaction from which
that person will personally receive benefit in money, property, or services to
which that person is not legally entitled; PROVIDED, that in the event of a
settlement, the indemnification shall apply only when the Board approves
such settlement and reimbursement as being in the best interest of the
Association. Nothing contained in this Section 10.2 shall, however, be
deemed to obligate the Association to indemnify any Member or Owner of
Lot who is or has been a Board member or officer of the Association with
respect to any duties or obligations assumed or liabilities incurred by him
under and by virtue of the Declaration as a Member or Owner of a Lot
covered thereby.
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ARTICLE 11
MORTGAGEE PROTECTION
11.1 Priority of Mortgages. Notwithstanding all other provisions
hereof, the liens created under this Declaration upon any Lot for assessment
shall be subject to tax liens on the Lot in favor of any assessing unit and/or
special district and be subject to the rights of the secured party in the case of
any indebtedness secured by first lien mortgages which were made in good
faith and for value upon the Lot. If a court of competent jurisdiction rule that
the Mortgagee or other purchaser of a Lot as a result of mortgage or other
foreclosure or deed in lieu thereof is not liable for any assessment by the
Association chargeable to such Lot which becomes due prior to such
foreclosure, such unpaid share of common expenses or assessments shall be
deemed to be common expenses collectible from all of the Lot Owners
including such possessor, his successor and assigns. For the purpose of this
Section the terms "mortgage" and "mortgagee" shall not mean a real estate
contract or the vendor, or the designee of a vendor there under, or a mortgage
or a deed of trust (or mortgagee or beneficiary there under) securing a
deferred purchase price balance owed with respect to a sale by an individual
Lot Owner other than Declarant.
11.2 Effect of Declaration Amendments. No amendment of this
Declaration shall be effective to modify, change, limit or alter the rights
expressly conferred upon Mortgagees in this instrument with respect to any
unsatisfied mortgage duly recorded unless the amendment shall be consented
to in writing by the holder of such mortgage. Any provisions this Article
conferring rights upon Mortgagees which is inconsistent with any other
provisions of this Declaration shall control over such other inconsistent
provisions.
11.3 Right of Lien_Molder. A breach of any of the provisions,
conditions, restrictions, covenants easements or reservations herein contained
shall not affect or impair the lien of charge of any bona fide Mortgage made
in good faith and for value on any Lot; provided, however, that any
subsequent Owner of the Lot shall be bound by these provisions whether such
Owner's title was acquired by foreclosure or trustee's sale or otherwise.
33
11.4 Change in Manner of Architectural Review and Maintenance
Within Highland View Estates: Insurance and Use of Proceeds. The
Association shall not, without proper written approval of seventy-five percent
(75%) of all first Mortgagees (based upon one vote for each first Mortgage
owned) or Owners (other than the sponsor, developer or builder) of record by
act or omission change, waive or abandon any scheme of regulations, or
enforcement thereof, pertaining to the architectural design or the exterior
appearance of Homes, the exterior maintenance of Homes, maintenance of
walkways, fences and driveways, or the upkeep of lawns and planting in the
development, including the provisions of Articles 4 and 5 hereof.
11.5 Copies of Notices. If the first Mortgagee of any Lot has so
requested the Association in writing, the Association shall give written notice
to such first Mortgagee that an Owner/mortgagors of a Lot has for more than
sixty (60) days failed to meet any obligation under this Declaration. Any first
Mortgagee shall, upon written request, also be entitled to receive written
notice of all meeting of the Association and be permitted to designate a
representative to attend such meetings.
11.6 Furnishing_of Documents. The association shall make available
to prospective purchasers, Mortgagees, insurers, and guarantors, at their
request, current copies of the Declaration, Bylaws, and other rules governing
Highland View Estates and the most recent balance sheet and
income/expenses, statement for the Association, if any has been prepared.
34
ARTICLE 12
EASEMENTS
12.1 Association Functions. There is hereby reserved to Declarant
and the Association, or their duly authorized agents and representatives, such
easements as are necessary to perform the duties and obligations of the
Association as set forth h-i the Declaration, or in the Bylaws, and rules and
regulations adopted by the Association.
12.2 Easements Over Common Areas. The Board, on behalf of the
Association and all members thereof, shall have authority to grant (in
accordance with applicable governmental laws and regulations) utility, road
and similar easements, licenses and permits, under, through and over the
Common Areas, which easement the Board determines are reasonably
necessary to the ongoing development and operation of Highland View
Estates.
12.3 Access to Public Streets. Each Owner and his guests and invitees
shall have a perpetual, non-exclusive easement across the Common Areas and
across all roadways constructed within Highland View Estates thereby
providing access throughout Highland View Estates and to public streets.
12.4 Utility Easements. On each Lot, easements are reserved as
provided by the Plat Map and applicable laws, ordinances and other
governmental rules and regulations for utility installation and maintenance,
including but not limited to, underground electric power, telephone, water,
sewer, drainage, gas, accessory equipment, together with the right to enter
upon the Lots at all times for those purposes. Within these easements, no
structure, planting, or other material shall be placed or permitted to remain
which may damage, interfere with the installation and maintenance of utilities,
or which may change the direction of flow of drainage channels in the
easements, or which may obstruct or retard the flow of water through
drainage channels in the easements
12.5 Highland View Estates Entry Signs. On each Lot adjacent to
roadway entrance into Highland View Estates and on such potrion of that Lot
as determined b Declarant the Declarant may at an time erect and the
y y y t
Association as a common expense will thereafter maintain, repair and
replace) such Highland View Estates entryand identification. signs
p g
gn
35
(landscaping, fencing and improvements relating thereto) as Declarant and the
Association deem necessary and appropriate.
36
ARTICLE 13
TERMS OF DECLARATION
13.1 Duration of Covenants. The covenants contained herein shall run
with and bind the land for a term of twenty (20) years from the date this
Declaration is recorded, after which time the covenants shall be automatically
extended for successive periods often (10)years, unless an instrument
executed in accordance with Section 14.1 below shall be recorded,
abandoning or terminating this Declaration.
13.2 Abandonment of Subdivision Status. The Association shall not,
without the prior written approval of the Governmental entity having
jurisdiction over Highland View Estates and with prior written approval of
one hundred percent (100%) of all first Mortgagees (based upon one vote for
each first Mortgage owned) and Owners (Other that the sponsor, developer or
builder) of record, seek by act or omission to abandon or terminate the
subdivision status of Highland View Estates as approved by the
governmental entity having appropriate jurisdiction over Highland View
Estates.
37
ARTICLE 14
AMENDMENT OF DECLARATION, PLAT MAP
14.1 Declaration Amendment. Amendments to the Declaration shall
be made by an instrument in writing entitled "Amendment to Declaration"
which sets forth the entire amendment. Except as otherwise specifically
provided for in this Declaration, any proposed amendment must be approved
by a majority of the Board prior to its adoption by the Owners. Amendments
may be adopted at a meeting of the Owners if seventy-five (75%) of the
Owners, whether or not present, voted for such amendment, or without any
meeting if all Owners have been duly notified and seventy-five (75%) of the
Owners consent in writing to such amendment. In all events, the amendment
when adopted shall bear the signature of the President of the Association and
shall be attested by the Secretary, who shall state whether the amendment was
properly adopted, and shall be acknowledged by them as officers of the
Association. Amendments once properly adopted shall be effective upon
recording in the appropriate governmental offices.
In addition to the amendments set forth in this Article 14, any amendment to a
provision of the declaration establishing, providing for, governing or
regulating the following shall require the consent of seventy-five (75%) of the
of the mortgagees and the consent of the Declaring (so long as Declaring
owns any Lots):
voting;
assessments;
assessment liens or subordination of such liens;
reserves for maintenance;
repair and replacement of Common Areas;
responsibility for maintenance or repairs;
expansion or construction of Highland View Estates or the addition,
annexation or withdrawal of property to or from Highland View
Estates boundaries of Lots;
converting of Lots into Common Areas or visa versa; leasing of Lots;
provisions for the benefit of the Declarant;
provisions for benefit of first mortgagees, or holders, insurers or
guarantors of first mortgages;
the Interests in Common Areas; or
imposition of any right of first refusal or similar restrictions on the right
of an Owner to sell, transfer or otherwise convey a Lot;
38
I
provided, that a mortgagee who fails to respond in writing within thirty(30)
days of a written request to approve an amendment that shall be deemed to
have approved the request.
It is specifically covenanted and understood that any amendment to this
Declaration properly adopted will be completely eflfective to amend any or all
of the covenants, conditions and restrictions herein which may be affected
and any or all clauses of this Declaration unless otherwise specifically
provided in the section being amended or the amendment itself.
14.2 Plat Map. Except as otherwise provided herein, the Plat Map
may be amended by revision versions or revised portions thereof referred to
and described as to effect in an amendment to the Declaration adopted as
provided for in Section 14.1. Copies of any such proposed amendment to the
Plat Map shall be made available for the examination of every Owner. Such
amendment to the Plat Map shall be effective, once properly adopted, upon
having received any governmental approval required by law and recorded in
the appropriate city or county office in conjunction with the Declaration
amendment.
14.3 Amendments to Conform to Construction. Declarant, upon
Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with
an irrevocable power coupled with an interest, may at any time, until all Lots
have been sold by Declarant, file an amendment to the Declaration and the
Plat Map to conform data depicted therein to improvements as actually
constructed and to establish, vacate and relocate utility easements and access
road easements.
14.4 Amendments to Conform to Lending Institution Guidelines. So
long as Declarent continues to own one or more Lots, on signature alone, and
as an attorney-in-fact for all Lot Owners with an irrevocable power coupled
with an interest, may file such amendments to the Declaration and Plat Map
as are necessary to meet the then requirements of the Federal National
Mortgage Association, Veterans Administration, Federal Home Loan
Mortgage Corporation, or other agencies, institutions or lenders financing
and/or title insuring the purchase of a Lot from the Declarant.
39
14.5 Article 16 Amendments. Declarant, upon Declarent's sole signature,
and as an attomey-in-fact for all Lot Owners with an irrevocable power
coupled with an interest, may at any time, until all Lots have been sold by
Declarant, file such amendments to the Declaration and flat Map as are
necessary in the exercise of Declarant's power under Article 16.
40
ARTICLE 15
INSURANCE
The Board shall have authority in the exercise of its discretion to obtain
and maintain at all times as a common expense a policy or policies and bonds
of:
(a) liability insurance and property insurance covering the ownership,
use and operation of all the Common Areas (and Common Area
improvements), if any, including common personal property and
supplies belonging to the Association, fidelity coverage for
Association Board members (including Declarant), officers,
employees or agents; and
(b) such other insurance as the Board may deem advisable or as may
be required by the Federal National Mortgage Association, Federal
Home Loan Mortgage Association, Veterans Administration or
similar agencies or lending institutions.
In the event of damage to or destruction of any part of the Common Area
improvements, the Association shall repair or replace the same from the
insurance proceeds available. If such insurance proceeds are insufficient to
cover the costs of repair or replacement of the property damaged or
destroyed, the Association may make a Reconstruction Assessment against
all Lot Owners to cover the additional cost of repair or replacement not
covered by the insurance proceed, in addition to any other common
Assessments made against such Lot Owner
41
ARTICLE 16
ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES
16.1 Annexation by Declarant. Although not obligated to do so,
Declarant reserves the right to develop as single family residential
subdivisions Additional Lands which would be in addition to and would be
nearby the land described in Exhibit "A". Declarant may cause all of any
portion of such Additional Lands to be annexed to the existing Property
without the assent of the members of the Association: PROVIDED, however,
that the annexation of Additional Lands described in this section shall be
adjacent to the then existing Highland View Estates.
Such Additional Lands shall be deemed "adjacent" to the existing
Highland View Estates even if separated there from by land which:
is owned by Declarant, the Association or the Lot Owners as
tenants-in-common; or
is owned by or dedicated to the public or a governmental agency
or instrumentality; or
is available for the use of benefit of the Association or Lot
Owners by easement or otherwise; or
is a public or private street, path, bicycle path, railroad track; or
other improvement or easement for public transportation or
utility service.
16.2 Non Declarant Annexations. Annexation of addition properties
(other than Declarant annexations provided for in Section 16.1 hereof) shall
require the assent of two-thirds (2/3) of the members of the Association, at a
meeting duly called for this purpose, written notice of which shall be sent to
all members not less than thirty (30) days or more than sixty (60) days in
advance of the meeting setting forth the purpose of the meeting. At this
meeting the presence of member or of proxies entitle to case sixty percent
(60%) of the votes shall constitute a quorum. If the required quorum is not
forthcoming at any meeting, another meeting may be called subject to the
notice requirement set forth above and the
required quorum at such
q q
42
subsequent meeting shall be one-half(1/2) of the required quorum of the
proceeding meeting. No such subsequent meetings shall be held more than
sixty (60) days following the preceding meeting. In the event two-thirds (2/3)
of the members are not present in person or by proxy, members not present
may give their written consent to the action taken thereat. Until all Class B
memberships terminate, annexation of Additional Properties under this
Section shall also require the prior written approval of the Declarant.
16.3 Common Areas Within Divisions. Common Areas within a
Division subsequently annexed to the existing Property shall be available for
the common use of all Owners of Lots within such subsequently annexed
Divisions as weII as within the existing Property. Likewise, Common Area
within the existing Property shall be available for the common use of all
Owners of Lots within the existing Property as well as within such
subsequently annexed Divisions.
43
L
ARTICLE 17
MISCELLANEOUS
17.1 Notices.
17.1.1 Delivery of Notices and Documents. Any written notice
or other documents as required by this Declaration, may be delivered
personally or by mail. If by mail such notice, unless expressly provided for
herein to the contrary, shall be deemed to have been delivered and received
forty-eight (48) after a copy thereof has been deposited in the United States
mail, postage prepaid, addressed as follows:
(a) If to an Owner, other than Declarant, to the registered
address of such Owner, as filed in writing with the Board
pursuant to the requirement of the Bylaws.
(b) If to Declarant, whether in its capacity as an Owner, or in
any other capacity, the address which Declarant hall have
advised the Board in writing.
(c) Prior to the organization meeting, notices to the Board shall
be addressed set forth in(b) above. Thereafter, notices to
the Board shall be addressed either to an address to be
posted by the Board at all times in a conspicuous place or to
the registered office of the Association. In addition, from
and after the organization meeting, notice of the address of
the Association shall be given by the Board to each Owner,
within a reasonable time after the Board has received actual
notice of such Owner's purchase of a Lot.
17.2 Conveyances: Notice Required. The right of an Owner to sell,.
transfer, or otherwise convey his Lot 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 a Lot
shall deliver a written notice to the Board, at least two (2) weeks before
closing, specifying:
the Lot being sold;
44
the name and address of the purchaser, of the closing agent, the name
and address of the title insurance company insuring the purchaser's
interest; and
the estimated closing date.
The failure of an Owner to properly give such notice to the Board shall not
invalidate the sale. The Board shall have the right to notify the purchaser, the
title insurance company, and the closing agent of the amount of unpaid
assessments and charges outstanding against the Lot, whether or not such
information is requested.
17.3 Successor and Assigns. This Declaration shall be binding upon
and shall inure* to the benefit of the heirs, personal representatives,
successors and assigns of Declarant, and heirs, personal representatives,
grantees, lessees, sub-lessees and assignees of the Owner.
17.4 Joint and Several Liability. In the case of joint ownership of a
Lot, the liability of each Owner thereof in connection with the liabilities and
obligations of Owners, set forth in or imposed by this Declaration, shall be
joint and several.
17.5 Mortagee's Acceptance.
17.5.1 Priority of Mortgagee. This Declaration shall not initially
be binding upon any Mortgagee of record at the time or recording of the
Declaration but rather shall be subject and subordinate to that mortgage.
17.5.2 Acceptance Upon First Conveyance. Declarant shall not
consummate the conveyance of title of any Lot until the Mortgagee shall have
accepted the provisions of this Declaration and made appropriate
arrangements for partial release of Lots from the lien of the Mortgage. The
issuance and recording or provisions of this Declaration and the status of the
Lots remaining subject to its Mortgage as well as its acknowledgment that
such appropriate arrangements for partial release of Lots has been made;
PROVIDED, that, except as to Lots so released, the mortgage shall remain in
full effect as to the entire Property.
* Inure, to come into use;take of have effect;to become beneficial or advantageous
45
17.6 Severability. The provisions hereof shall be deemed independent
and serverable, and the invalidity or partial invalidity or unenforceability of
any one provisions or portion thereof shall not affect the validity of
enforceability of any other provision hereof
17.7 Effective Date. The Declaration shall take effect upon recording.
17.8 Government Right of Access. Governmental entities shall have
right of access and inspection for the open space area and any drainage
facilities contained therein.
Certified as adopted on
9707170322
46
L
ADDENDUM NO.1
TO CONDITIONS COVENANTS AND
RESTRICTIONS
GUL,AND VIEW ESTATES
DISPOSITION OF TRACT A-O
I. Parcel designated as Track "A on the Plat of Highland View
Estates Dedicated in the City of Arlington for a sewer pump
station.
II. Parcel designated as Tracks "B. C. D_ E. and F." on the
Plat of Highland View Estates are Dedicated to the city
of Arlington for storm water detention.
III. Parcel designated as "Tract G" on the Plat of Highland
View Estates is Dedicated to the Highland View Estates
Homeowners Association, and is to be maintained and
cared for as provided herein.
IV. Parcel designated as Tracts "H and I" on the Plat of
Highland View Estates are Dedicated to the City of
Arlington for wetland mitigation purposes.
V. Parcel designated as Tract "J" on the Plat of Highland
View Estates is to remain the property of August G. Nold.
VL Parcel designated as Tract "K" on the Plat of Highland
View Estates is Dedicated to the City of.Arlington for
road purposes.
VII. Parcels designated as Tracts "L, M,N, and O" on the Plat
of Highland View Estates is Dedicated to the Highland
View Estates Homeowners Association for landscape
buffers to be maintained and cared for as provided herein.
Addendum #CC&R
Highland View Estates
9707170322
47
Highland View Estates
ADDDENDUM NO. 2
TO COVENANTS, CONDITIONS AND
RESTRICTIONS
JULY 7, 1997
Tract "J" shown on the Final Plat of Highland View Estates, also
known as Bud Nold's Parcel is hereby exempted from all Covenants,
Conditions and restrictions contained herein.
L-5905 Addendum #2
7-7-97
9707170322
48
LEGAL DESCRIPTION
ROAD DEDICATION
The East 10 feet of the West 40 feet of the Northwest 1/4 of the
Southwest 1/4.
Together with the East 10 feet of the West 40 feet of the South
990 feet of the Northwest 1/4 of the Southwest 1/4.
All in section 23'. Township 31 North, Range 5 East, Willamette
Meridan.
L-5905 Road Dedication
9707170322
49
INDEX
Section Title Page
I Interpretations
1.1 Liberal Construction 1
1.2 Covenant Running with Land 1
1.3 Declarant is Original Owner 1
1.4 Captions 1
1.5 Definitions
1.5.1 Association 1
1.5.2 Board 1
1.5.3 Common Areas 1
1.5.4 Declarant 1
1.5.5 Declaration 2
1.5.6 Home 2
1.5.7 Lot 2
1.5.8 Mortgage 2
1.5.9 Mortgagee 2
1.5.10 Owner 2
1.5.11 Person 2
1.5.I2 Property 2
1.5.13 Plat Map 3
1.6 Percentage of Mortgagees 3
1.7 Percentage of Owners 3
2 Ownership of Common Areas 4
3 Owners Property Rights
3.1 Owners' Easements of Enjoyment 5
3.1.1 Right of Association to limit access 5
3.1.2 Right of Association to charge
reasonable admission and other fees 5
3.1.3 Right of Assn to suspend voting rights . 5
3.1.4 Right of Ass'n to dedicate or transfer . . .5
3.1.5 Right of Ass'n to limit number of guests 6
3.1.6 Right of Ass'n to borrow money 6
3.1.7 Right of Ass'n to protect mortgaged
50
property 6
3.1.8 Class B memberships termination 6
3.2 Delegation of Use 6
4 Owners' Association
4.1 Establishment 7
4.2 Form of Association 7
4.3 Membership
4.3.1 Qualification 7
4.3.2 Transfer of Membership 7
4.4 Voting
4.4.1 Classes of Voting Membership 7
4.4.2 Number of Votes 8
4.5 Bylaws of Association 8
5 Management of the Association
5.1 Administration of the Development 9
5.2 Management by Declarant 9
5.3 Management by Elected Board of Directors 9
5.4 Authority Duties of the Board 10
5.4.1 Assessments 10
5.4.2 Service 10
5.4.3 Insurance 10
5.4.5 Maintenance and Repair of Common
Areas 10
5.4.6 Maintenance of Right of Way, etc 11
5.4.7 Fences, etc 11
5.4.8 Enforce Declaration 11
5.4.9 Contracting/Payment for Materials,
Services 11
5.4.10 Attorney-in-fact 11
5.4.11 Borrowing of Funds 12
5.4.12 Adoption of Rules and Regulations 12
5.4.13 Additional Powers of Association 12
6. Architectural Control
6.1 Construction and Exterior Alteration or Repair 13
6.1.1 Approval by Architectural Control
sr
I
Committee (ACC) 13
6.1.2 ACC Review 13
6.1.3 ACC Disapproval 13
6.1.4 Time for Submission to ACC
6.1.5 Submission Requirements 14
6.1.6 Suitable Exterior Color Scheme 14
6.1.7 Recreational & Structural Recreational
Equipment 14
6.1.8 Removal of Trees Hedges 14
6.1.9 Mail boxes 14
6.1.10 Declarant exemption 14
6.2 Sales Facilities of Declarant 14
7 Use and Maintenance Obligations of Owners
7.1 Maintenance of Lots 16
7.2 Residential Use 16
7.3 Restriction on Further Subdivision 16
7.4 Rental Lots 16
7.5 Zoning Regulations 17
7.6 Business Use 17
7.7 Building Setback Requirement 17
7.8 Oil. and Mining operations 18
7.9 Catch Basin 19
7.10 Lot Size 19
7.11 Garages 19
7.12 Square Footage 19
7.13 Mobile or Manufactured Housing 19
7.14 Driveway Standards 19
7.15 Parking 19
7.16 Roof 20
7.17 Exterior Finish 20
7.18 Utilities 20
7.19 Antenna 20
7.20 Fencing 20
7.2I Fireplace Chimneys 21
7.22 Garbage and Refuse 21
7.23 Games and Play Structures 21
7.24 Tool Sheds 21
7.25 Construction of Significant Recreational
52
Facilities 21
7.26 Livestock and Poultry 22
7.27 Landscaping 22
7.28 Signs 22
7.29 Temporary Structures 22
7.30 Completion of Construction 22
7.31 Easements 23
7.32 Use During Construction 23
7.33 Excavations 23
7.34 Nuisances 23
7.35 Clothes Lines, Other Structures 23
7.36 Common Drives 23
8 Common Expenses and Assessments
8.1 Creation of the Lien and Personal Obligation
Assessment 24
8.2 Uniform Rate 24
8.3 Limitation Annual Assessment Amount 25
8.3.1 Board Authority 25
8.3.2 Inflationary Increase in Dollar Limit 25
8.3.3 Owners Approval Required 25
8.3.4 Governmental Assessments 25
8.4 Accounts 25
8.5 Lien 26
8.6 Waiver of Homestead 26
8.7 Continuing Liability for Assessments 26
8.8 Records: Financial Statements 26
8.9 Certificate of Assessment 26
8.10 Foreclosure of Assessment Lien: Attorney's
Fees and Costs 27
8.11 Curing of Default 27
8,12 Payment by Owners 28
8.13 Omission of Assessment 28
8.14 Assessment Deposit 28
8.15 Exempt Property 29
8.15.1 Dedicated to/accepted by a gov't
entity 29
8.15.2 All Common Properties 29
8,15.3 Owned by Charitable/nonprofit
53
organization 29
8.16 Effect of Legal Proceedings 29
9 Compliance with Declaration
9.1 Enforcement 30
9.1.1 Compliance of Owners 30
9.1.2 Compliance of Lessee 30
9.1.3 Attorney's fees 30
9.2 No Waiver of Strict Performance 30
9.3 Right of Entry 31
9.4 Remedies Cumulative 31
10 Mortgage Protection
10.1 No Personal Liability 32
10.2 Indemnification of Board Members 32
11 Mortgagee Protection
11.1 Priority of Mortgages 33
11.2 Effect of Declaration Amendments 33
11.3 Right of Lien Holder 33
11.4 Change in Manner of Architectural Review
and Maintenance Within Highland View
Estates Insurance and Use of Proceeds 34
11.5 Copies of Notices 34
11.6 Furnishing of Documents 34
12 Easements
12.1 Association Functions 35
12.2 Easement Over Common Areas 35
12.3 Access to Public Streets 35
12.4 Utility Easements 35
1.2.5 Highland View Estates Park Entry Signs 35
13 Terms of Declaration
13.1 Duration of Covenants 37
13.2 Abandonment of Subdivision Status 37
14 Amendment of Declaration, Plat Map
14.1 Declaration Amendment 38
54
14.2 Plat Map 39
14.3 Amendments to Conform to Construction 39
14.4 Amendments to Conform to Lending Institution
Guidelines 39
14.5 Article 16 Amendments 40
15 Insurance 41
16 Annexation and Withdrawal of Additional Properties
16.1 Annexation by Declarant 42
16.2 Non-Declarent Annexations 42
16.3 Common Areas Within Divisions 43
17 Miscellaneous
17.1 Notices 44
171.1 Delivery of Notices and Documents 44
17.2 Conveyances: Notice Required 44
17.3 Successor and Assigns 45
17.4 Joint and Several Liability 45
17.5 Mortgagee's Acceptance 45
17.5.1 Priority of Mortgage 45
17.5.2 Acceptance Upon First Conveyance 45
17.6 Severability 45
17.7 Effective Date 45
17.8 Government Right of Access 46
Addendum No. 1 (Disposition of Tracts A-4) 47
Addendum No. 2 (Disposition of Tract x) 48
Road Dedication Legal Description 49
55
I - -
Date: 06/05/2026
Permit#: 5455
Permit Date: 07/03/2023
Review Date: 07/05/2023
Permit Type: ACCESSORY DWELLING UNIT
Review Type: ASSESSORY DWELLING UNIT
Target Date: 07/26/2023
Scheduled Time: 00:00
Completed Date: 07/13/2023
Description: Approved per Zoning Verification completed under BLD#5426
Review Status: Approved
Assigned To: PLANNING
Time In: 00:00
Time Out: 00:00
Hours: 0.0
Property Information
Parcel#: 00870600008400 HARRINGTON DAVID M/HARRINGTON RACHEL
A
HARRINGTON DAVID M/HARRINGTON RACHEL 17523 HIGHLAND VIEW DR
A
17614 TOPPER CRT ARLINGTON, WA 98223-6392
Zoning: 100 SINGLE FAMILY
RESIDENCELot: Block:
Date: 06/05/2026
Permit#: 5455
Permit Date: 07/03/2023
Review Date: 07/05/2023
Permit Type: ACCESSORY DWELLING UNIT
Review Type: ASSESSORY DWELLING UNIT
Target Date: 07/26/2023
Scheduled Time: 00:00
Completed Date:
Description: Need to verify electrical has been approved by L&I
Review Status: Approved with Conditions
Assigned To: BUILDING
Time In: 00:00
Time Out: 00:00
Hours: 0.0
Property Information
Parcel#: 00870600008400 HARRINGTON DAVID M/HARRINGTON RACHEL
A
HARRINGTON DAVID M/HARRINGTON RACHEL 17523 HIGHLAND VIEW DR
A
17614 TOPPER CRT ARLINGTON, WA 98223-6392
Zoning: 100 SINGLE FAMILY
RESIDENCELot: Block:
Date: 06/05/2026
Permit#: 5455
Permit Date: 07/03/2023
Review Date: 07/05/2023
Permit Type: ACCESSORY DWELLING UNIT
Review Type: ASSESSORY DWELLING UNIT
Target Date: 07/26/2023
Scheduled Time: 00:00
Completed Date: 07/10/2023
Description: Customer will be charged two units for water/sewer/storm per current ADU codes. KS <
Review Status: Approved
Assigned To: PW-ADMIN-GIS
Time In: 00:00
Time Out: 00:00
Hours: 0.0
Property Information
Parcel#: 00870600008400 HARRINGTON DAVID M/HARRINGTON RACHEL
A
HARRINGTON DAVID M/HARRINGTON RACHEL 17523 HIGHLAND VIEW DR
A
17614 TOPPER CRT ARLINGTON, WA 98223-6392
Zoning: 100 SINGLE FAMILY
RESIDENCELot: Block:
Permit#: 5455
Permit Date: 07/03/23
Permit Type: ACCESSORY DWELLING UNIT
Project Name: Harrington ADU
Applicant Name: David and Rachel Harrington
Applicant Address: 17614 Topper Court
Applicant, City, State, Zip: Arlington,WA 98223
Contact: Rachel Harrington
Phone: 360-672-2352
Email: rharrington0226@gmail.com
Scope of Work: Finishing basement into an ADU
Valuation: 55000.00
Square Feet: 703
Number of Stories: 1
Construction Type: VB
Occupancy Group: R-3; Residential
ID Code:
Permit Issued: 07/28/2023
Permit Expires: 01/24/2024
Form Permit Type: ACCESSORY DWELLING UNIT
Status: COMPLETE
Assigned To: Kristin Foster
Property
Parcel# Address Legal Description Owner Name Owner Phone Zoning
HARRINGTON
100 SINGLE
DAVID
00870600008400 17614 TOPPER CRT DAVID M/HARRINGTON FAMILY
RACHEL A RESIDENCE
Contractors
Contractor Primary Contact Phone Address Contractor Type License License
#
HOME OWNER OWNER
Inspections
Date Inspection Type Description Scheduled Date Completed Date Inspector Status
07/28/2023 R20.ACCESSORY 07/31/2023 BUILDING Approved
DWELLING FINAL
Plan Reviews
Date Review Type Description Assigned To Review Status
ASSESSORY DWELLING Approved with
07/OS/2023 UNIT Need to verify electrical has been approved by L&I BUILDING Conditions
07/05/2023 ASSESSORY DWELLING Approved per Zoning Verification completed under PLANNING Approved
UNIT BLD#5426
07/05/2023 ASSESSORY DWELLING Customer will be charged two units for water/sewer/storm PW-ADMIN-GIS Approved
UNIT per current ADU codes.KS<
ASSESSORY DWELLING No Comment
07/OS/2023 UNIT PW-SEW-REV Received
ASSESSORY DWELLING No Comment
07/OS/2023 UNIT PW-WAT-REV Received
Fees
Fee Description Notes Amount
Processing/Technology $25.00
Building Permit Table 4-1 $1,020.29
Building Plan Review Table 4-2 $663.19
Credit Card Service $51.25
Total $1,759.73
Attached Letters
Date Letter Description
07/27/2023 Building Permit
07/17/2023 Building Permit
Payments
Date Paid By Description Payment Type Accepted By Amount
07/21/2023 XBP Con£ $1,708.48
149799724
07/21/2023 Rachel Harrington 149799724 Kristin Foster $51.25
Outstanding Balance $0.00
Notes
Date Note Created By:
07/28/2023 Emailed the permit for signature Kristin Foster
07/17/2023 Received verification of electrical permit approval. Kristin Foster
07/14/2023 Emailed for L&I approval and HOA approval. Kristin Foster
Uploaded Files
Date File Name
08/01/2023 16368109-20230728 BLD5455 IssuedPermit.pdf
07/03/2023 16027244-20230630 BLD5455 ResBuildingApp.pdf
07/03/2023 16022687-20230630 BLD5455 F1oorPlan.pdf