The undersigned Declarant
hereby certifies and declares that there is hereby established a general
plan for the development, improvement, maintenance and protection of the
real property embraced within that certain subdivision known as Fox Hill,
as per plat thereof recorded in the office of the Auditor of Thurston
The following covenants are imposed pursuant to
a general plan for the benefits of all said tracts, and each and every
lot therein. The covenants are designed for the mutual benefit of the
building lots in said plat, and shall pertain to and pass to each
building site therein, and shall bind all persons together with their
representative successors in interest, who may at any time, and from time
to time, own said property. These covenants shall run with the land.
ROADS AND COMMON AREAS
SUMMERWOOD LLC., owner and declarant,
does hereby deed, convey, transfer and assign all of its interest in the
private road tracts, open space tracts and storm drainage easements known
as: Tracts "A", "B", "C", "D",
"E", "F", and "G" to the Fox Hill Homeowner's
association, a non-profit Washington corporation. This transfer is
subject to easement reservations for electric, telephone, gas, cable
television, water lines, and utilities.
A non-profit corporation known as Fox Hill
Homeowners' Association (hereinafter referred to as the
"Association"), consisting of 71 memberships (one membership
for each lot within said subdivision) shall own and maintain all private
roads, easements, licenses, and all other common areas. THE FOX HILL
HOMEOWNERS ASSOCIATION shall maintain those properties and improvements
including the maintenance of the drainage facilities as required by
Thurston County thereon. Any common areas shall be improved and
maintained in a manner to enhance the aesthetic environment of the
subdivision and the use of said property for the benefit of the owners of
property within the subdivision as determined by the Board of said
Tracts "A", "B",
"C", "D'', "E", "F", and "G"
shall be maintained as storm drainage, open space, or private road tracts
as specified on the plat map. A portion of Tract "C" shall be
maintained as a family play area with recreational equipment and picnic
tables in the active recreation area. The open space tracts shall be
maintained and used as specified on the face of the plat and according to
the Thurston County Zoning Code.
Each owner shall always endeavor to cooperate
for the accomplishment of the purposes for which the project was built
and each owner shall comply strictly with the provision of the
OBLIGATION OF THE
5.1 Duties of the
The Association, through its Board of
Directors, shall have the following duties:
a) To collect and administer the Association
assessments and expenditures, for benefit of the owners, to maintain
separate records for each, and to carry out the property maintenance
obligations of the Association.
b) To maintain all portions of the private
roads, storm drainage facilities, common areas and improvements in a
good, clean, attractive and sanitary condition and in accordance with the
agreement attached hereto as Exhibit "A". The Association shall
also be empowered upon fourteen (14) days written notice to any owner, to
enter any lot and maintain or repair the improvements or yard thereof
where such have not been adequately maintained by owner. In the event the
need for maintenance or repair of a lot or other improvement is caused
through neglect or through willful or negligent acts of its owner or
through the willful or negligent acts of the family guests or invitees of
the owner of the lot needing such maintenance or repair, the cost of such
maintenance shall be added to and become part of the assessment to which
the lot is subject.
c) To enforce the applicable provisions of the
Declaration for the management and control of the project.
d) To contract for materials and/or services to
carry out its responsibilities provided herein.
e) To enter upon any privately owned lot or
building where necessary in connection
with its duties hereunder.
f) To prepare or cause to be prepared, a
balance sheet and an operating (income) statement for the Association,
copies of which will shall be distributed to each of the owners as
follows: (1) a balance sheet as of December 31 or each year, (2) an
operating statement for each year ending December 31. This operating
statement shall include a schedule of assessments received and
receivable, identified by the number of the lot and the name of the owner
so assessed; (3) these shall be delivered within sixty (60) days of the
December 31 date.
g) To establish and collect regular annual
assessments to defray expenses attributable to carrying out its duties
hereunder and to maintain an adequate reserve fund for the maintenance,
repair, replacement, taxes, and governmental assessments 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 annual assessments. To further establish and collect special
assessments to cover expenses attributable to capital improvements,
construction, reconstruction or unexpected material repair or
h) To contract for trash collection, water and
electrical service for the common areas, on terms as set forth by the
Board or appropriate municipal agencies.
5.2 Power of
In addition to the duties of the Association,
as specified herein, and the powers of the Association stated elsewhere
in this Declaration, the Association, acting through its Board, shall
have the power to do all other other things
which may be deemed reasonably necessary to carry out its duties and the
purposes of this Declaration including, but not limited to, capital
improvements, obtaining of appropriate insurance and bonds, and the
adoption of additional bylaws and rules and regulations governing the
Association and owners. In the event of conflict between this Declaration
and any such additional bylaws or rules and regulations, the provisions
of this Declaration shall prevail.
As Amended May 9, 2011
Article VI Section 6.1
Covenants for Maintenance Assessments.
a) Each Owner of a Lot
by acceptance of a deed therefore, whether or not it shall be so
expressed in any such deed or other conveyance, is deemed to agree to pay
to the Association (i) "Annual
Assessments" or charges, and (ii) "Special Assessments"
for capital improvements.
b) The Annual and Special Assessments, together
with interest, costs and reasonable attorney's fees shall be a charge and
a continuing lien upon the Lot against which each such Assessment is
made. Such lien may be foreclosed by the Association in like manner as a
Mortgage on real property.
C) Each Assessment, together with
interest, costs, and reasonable attorney's fees shall also be the
personal obligation of the person who is the Owner of the Lot assessed at
the time the Assessment becomes due and payable. The personal obligation
shall not pass to the Owner's successors-in-interest unless expressly
assumed by the successor-in-interest. The new Owner shall be personally
liable for Assessments that become due and payable on and after the date
of sale or transfer of a Lot to the new Owner.
Section 6.2 Purpose of Assessments.
The Assessments levied by the Association
shall be used exclusively for the following purposes:
(a) Promoting the recreation, health, safety
and welfare of the residents of the Property;
(b) Improving, maintaining, replacing and/or
repairing of common areas and the services and facilities related to the
use and enjoyment of the common areas; and
(c) Paying the costs associated with
taxes and insurance related to the common areas.
Maximum Annual Assessments.
The Board of Directors shall establish the
maximum Annual Assessment that may, from time to time, be increased
subject to the following conditions and limitations:
(a) Beginning March 1, 2012, the maximum Annual
Assessment shall be Four Hundred Dollars ($400.00) per Lot.
(b) From March 1, 2012 through February
28, 2021, the maximum Annual Assessment shall increase by five (5)
percent per year per Lot.
(c) From and after March 1, 2021, the maximum
Annual Assessment may not be materially increased without an affirmative
vote of two-thirds (2/3) of the members who are voting in person or by
proxy, at a meeting duly called for such purpose. A "material
increase" shall be an increase that, cumulatively for the
Association's fiscal year, increases the Annual Assessment by more than
five (5) percent.
Estimated Expenses and Budget.
No later than sixty (60) days prior to
fixing the Annual Assessment pursuant to Section 6.5 below, the Board
shall estimate the common expenses for lots to be paid during the
following fiscal year. This estimate shall be used to fix the Annual
Assessment in an amount sufficient to meet the Association's obligations
imposed by the Declaration and any supplementary declarations, including
establishing an adequate Reserve Fund for the maintenance, repair and
replacement of those common areas that require such actions on a periodic
basis. The Board must estimate expenses based upon an annual Board-adopted
schedule for maintenance, repair, and replacement of common areas and
budget associated therewith which shall be adopted by the Board and
ratified by the members pursuant to the provisions of RCW 64.38.025.
Board to Fix Annual Assessment.
The Board of Directors shall fix the Annual
Assessment no later than 15 days prior to the start of the fiscal year at
an amount not in excess of the maximum. Written notice of the Annual
Assessment shall be sent to every member. In the event the Board fails to
fix an Annual Assessment for any calendar year, then the Annual
Assessment established for the prior year shall automatically be
continued until such time as the Board acts.
Special Assessments for Capital Improvements.
In addition to the Annual Assessments
authorized above, the Association may levy in any assessment year, a
Special Assessment applicable to that year only, for the purpose of
defraying, in whole or in part, the cost of any construction or
reconstruction, unexpected repair or replacement of a described capital
improvement upon the common area, including the necessary fixtures and
personal property related to such capital improvement(s); provided,
however, that any such Assessment (1) shall be based upon a special budget
adopted by the Board and ratified by the members pursuant to the
provisions of RCW 64.38.025, and (2) shall have the assent of two-thirds
(2/3) of the members who are voting in person or by proxy at a meeting
duly called for this purpose.
Section 6.7 within
Fox Hill. Rate of Assessments.
Assessments shall be fixed at a uniform
rate for all lots within Fox Hill.
Section 6.8 Notice
and Quorum for any Action Authorized Under Sections 6.3 and/or 6.6.
Written notice of any meeting conducted
pursuant to Sections 6.3 or 6.6 of this Article shall be sent to all
members not less than thirty (30) days or more than sixty (60) days in
advance of the meeting and shall include a statement of the purpose for
which the meeting is to be held. At the first meeting called for the
purposes set forth in Sections 6.3 and/or 6.5, the presence of members or
of proxies entitled to cast sixty percent (60%) of all the votes shall
constitute a quorum. If the required quorum is not forthcoming at any
meeting, a subsequent meeting may be called, subject to the notice
requirement set forth above in this Section 6.8, and the required quorum
at any such subsequent meeting shall be onehalf
(1/2) of the required quorum at the preceding meeting. However, no such
subsequent meeting having a reduced quorum requirement shall be held more
than sixty (60) days following the preceding meeting.
Section 6.9 Commencement of Annual Assessments; Working
Annual Assessments shall commence as to the
Property on the first (1st) day of the month following the initial
conveyance of the lot from First-Citizens Bank and Trust Company as Declarant herein to a third party buyer
("Initial Sale"). At the time of closing of each Initial Sale,
the purchaser shall pay an Annual Assessment towards the Association's
working capital which shall be calculated using an Annual Assessment
amount of Six-Hundred Dollars ($600) per Lot pro-rated from date of
closing of each Initial Sale through February 28, 2012. Purchaser payment
of this Annual Assessment towards the Association's working capital upon
Initial Sale of the lot as provided herein is further deemed to satisfy
the Annual Assessment for the lot through February 28, 2012.
Section 6.10 Certificate.
The Association shall, upon written request
by the Owner or authorized agent of the Owner, furnish a certificate in
writing signed by an officer of the Association setting forth whether the
Assessments on a specified lot have been paid. The Association may make a
reasonable charge for the issuance of these certificates. Such
certificate shall be conclusive evidence of payment or nonpayment of any
Section 6.11 Payment; Effect of Nonpayment of Assessments;
Remedies of Association.
Assessments shall be due and payable on or
before March 1 of each year. Any Assessments that are not paid when due
shall be delinquent. A late charge equal to five (5) percent of the
amount overdue shall be charged for any payment made more than ten (10)
days past the due date. If the Assessment is not paid within thirty (30)
days after the due date, the Assessment shall also bear interest from the
due date at the rate of twelve percent (12%) per annum, and the
Association may, upon fifteen (15) days written notice to the Owner of
such lot ("Notice of Assessment"), which shall be recorded with
the County Auditor:
(a) Bring an action at law against the
Owner obligated to pay the Assessment; and/or
(b) Foreclose the lien against the lot.
In either event, interest, costs, and reasonable
attorney's fees shall be added to the amount of such Assessment. No Owner
may waive or otherwise escape liability for Annual or Special Assessments
by nonuse of common areas or by abandonment of his, her, their, or its
lot. If payment is presented in the form of a personal check on a bank
account that has Non-Sufficient Funds ("NSF") to cover said
check, the Owner shall pay, in addition to the Assessment owed, an NSF
fee in an amount fixed by the Board of Directors.
Section 6.12 Remedies Cumulative; Suspension of Voting
The remedies provided herein are
cumulative, and the Association may pursue them concurrently. In addition
to the above remedies, in the event any Owner shall be in arrears in the
payment of the Assessments due or shall be in default of the performance
of any of the terms of the:
(a) Articles and Bylaws of the Association;
(b) the rules or regulations adopted by the
(c) the Declaration, including any Amendments
thereto; for a period of thirty (30) days, the Owner's right to vote
shall be suspended and shall remain suspended until all payments are
brought current and any defaults cured as provided for in Section 6.15
Section 6.13 Subordination of Lien.
The lien of the Assessments provided
for in this Declaration shall be subordinate to lien(s) for ad valorem
taxes as well as the lien of any First Mortgagee duly recorded in the
records of Thurston County, including any amounts advanced pursuant to
such Mortgage and secured thereby in accordance with the terms of such
instrument. Sale or transfer of any Lot shall not affect the Assessment
lien. However, subsequent to the Initial Sale as defined in Section 6.9
herein, where the mortgagee of a Mortgage of record or other purchaser of
a lot obtains possession of the lot as the result of foreclosure of a
Mortgage, or by deed or assignment in lieu of foreclosure, such
possessor, or his, her, their or its successors and assigns, shall not be
liable for the share of the common expenses included by the Association
or Assessments imposed by the Association, chargeable to such lot which
became due prior to such possession. Such unpaid share of common expenses
or Assessments shall be deemed to be common expenses collectible from all
of the Owners, including such possessor, his, her, their or its
successors and assigns.
Section 6.14 Curing of Default.
Upon a timely payment or other satisfaction
by tbe Owner to the Association of all
delinquent assessments set forth in the Notice of Assessment, including
all costs, interests, late charges, and other fees which may have accrued
thereon, the Association shall cause to be filed with the County Auditor
a satisfaction and release of the lien of the Assessments levied against
the Owner. The Owner shall also pay the Association a fee in an amount fixed
by the Board of Directors to cover the Associations costs and fees of
preparing and recording satisfaction and release of lien of Assessments
under this provision.
following property shall be exempt from the payment of Annual and Special
portions of the property dedicated to and accepted by a local public
common areas and other areas set aside for nonresidential use.
ARCHITECTURAL CONTROL COMMITTEE
As Amended May 9,
The Board shall appoint an Architectural
Control Committee ("ACC") consisting of three (3) persons. Each
member shall hold office until that member resigns, is removed, or until
a successor is appointed by the Board and is deemed qualified.
The ACC shall have the authority to review and
act upon proposals and plans
submitted and to perform other duties set forth
in this Declaration,
shall have the authority to adopt and amend written guidelines to be
applied in its review of plans and specifications, in order to further
the intents and purposes of this Declaration and any other covenants or
restrictions covering the real property. If such guidelines are adopted,
they shall be available to all members upon request.
The ACC shall meet as necessary to properly
perform its duties, and shall keep and maintain a record book of each and
every action of the Committee, including but not limited to date of
action, members present, property under discussion, action taken and vote
on action, including member's initials. Purpose of such a record book is
to provide a chronological record of
actions and to avoid controversy. Unless authorized by the Association,
the members of the ACC shall not receive any compensation for their
services. All members shall be entitled to reimbursement for reasonable
expenses incurred in connection with the performance of any ACC duties.
Approval by the ACC of any plans, drawings
or specifications shall not be waiver ofthe
right to withhold approval of any similar plan, drawing, specification,
or matter submitted for approval. However, approval shall not be
Neither the ACC nor any of its members
shall be liable to the Association or to any owner for any damage, loss
or prejudice resulting from any action taken in good faith on a matter
submitted to the ACC for approval or for failure to approve any matter submitted
to the ACC. The ACC or its members may consult with the Association or
any owner with respect to any plans, drawings, or specifications, or any
other proposal submitted o the ACC.
AND LANDSCAPE CONTROL
Approval of Plans Required
None of the following actions may be taken
until plans and specifications for the same have been approved in writing
by the ACC and recorded in the ACC record book;
a) The construction of driveways;
b) The construction or erection of any house,
building, fence, wall, or other structure including the installation,
erection or construction of any solar collection device, antenna,
satellite dish, patio cover, shed or pool cover;
c) The remodeling, construction, or alteration
of any road, driveway, house, or other structure which would affect the
d) The staining or painting of any house or
fence, unless a restaining of a shade or color
previously approved by the ACC;
e) Lot landscaping and/or the construction,
alteration or modification of any rock wall or rock retaining system,
which would affect or undermine the integrity of the wall or its
composition, drainage, soils, or other materials behind the wa!l or retaining system.
Any action, which has been approved by the ACC,
shall only be taken in conformance with the plans and specifications
actually approved by the ACC. Changes and/or deviations from the approved
plans and specifications shall not be made without the prior written approval
of the ACC.
8.2 Procedures for
Any person wishing to take any of the actions
described above shall submit to the ACC: the ACC Application, two sets of
plans and specifications, which meet the following requirements.
a) Plans for the construction of the driveway
shall show the proposed location, course and materials.
b) Plans for construction and other matters
covered under Article VIII, Section 8.1, paragraph b through e above,
shall include building elevations, and plans which, in addition to the
details customarily shown on such plans, shall show the proposed location
of the structure on the lot, the exterior color scheme, the proposed
outdoor lighting, proposed landscaping, and shall show and otherwise
identify any special needs or conditions which may arise as a result of
the installation, erection or construction of any solar collection
device. At the request of the ACC, the person submitting such plans shall
locate stakes on the lot, which indicate the corners of the proposed structure.
Approval of such plans and specification shall be evidenced by written
endorsement on such plans and specifications, one copy of which shall be
delivered to the owner of the lot on which the proposed action is to be
taken. The ACC shall not be responsible for any structural defects in
such plans or specifications, or in any building or structure erected
according to such plans or specifications.
c) Plans for the landscaping of the lot,
alterations of the rock wall or rock retaining system described in
Section 8.l(e) above, including front and side yards shall include the
designation of all areas to be planted in grass, all areas to be
landscaped with shrubs and bushes, location of sprinkler and/or drainage
systems, soil type, quantity of the soils or other materials to be added
or removed, and any other information which the ACC deems necessary for
its approval of the landscaping plans.
Requests concerning the replacement of any building,
structure, porch, garage and/or shed will be evaluated by the ACC to ensure
compliance with Thurston County's most recent setback requirements.
Approval of plans and specifications may be
withheld or conditioned if the proposed action is at variance with these
covenants, other covenants covering the properties or design guidelines
adopted by the ACC. Approval may also be withheld or conditioned if in
the opinion of the ACC, the proposed action will be detrimental to the
community because of but not limited to:
The grading and drainage plan; location of the
improvement on the lot; color scheme; finish design; proportions; size of
home; shape; height; style; materials; outdoor lighting proposedˇ
landscaping plans; impact on structural integrity, or soil composition,
or drainage of rock retaining systems; or impact on view rights or;
The ACC fails to withhold approval of the
builder the owner plans to employ, based upon the builder's experience,
reputation or credit history.
Note: County drainage
criteria referenced by the ACC and the HOA is located at:
8.4 Failure to
In the event the ACC fails to approve or
disapprove an action within thirty (30) days after plans and
specifications have been submitted to it, or in any event, if no suit to
enjoin the action has been submitted to it, or in any event, if no suit
to enjoin the action has been commenced within sixty (60) days after the
completion thereof, approval will not be required and the related
covenant shall be deemed to have been fully compl!ed with.
with Approved Plans
It shall be the responsibility of the ACC to
determine that actions have been completed in accordance with the plans
as submitted and approved. Such determination must be made within sixty
(60) days of the completion of the action. If the ACC shall determine
that the action does not comply with the plans and specifications as
approved, it shall notify the Owner or Sub-Developer/Contractor, within
that sixty (60) day period, and the Owner or Sub-Developer/Contractor,
within such time as the ACC shall specify, but not less than thirty (30)
days, shall either remove or alter the improvement or take such other
steps as the ACC shall designate. If no action by the ACC is taken within
sixty (60) days of the date of completion, the action shall conclusively
be deemed to be satisfactory to the ACC.