Revised Covenants 1-8

Fox Hill Homeowners Association

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Olympia, Washington

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Covenants, Conditions and Restrictions
 
Fox Hill Subdivision, Thurston County
Articles 1-8
Full Text Following Amendment

May 9, 2011

CCRS - Articles 1-8

CCRs - Article 9

CCRS - Articles 10-13

Printable PDF File

 


ARTICLE I
DECLARATION OF INTENT


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 County, Washington.

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.

ARTICLE II.
DEDICATION OF 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.

ARTICLE III
HOMEOWNERS' ASSOCIATION


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 Association.

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.

ARTICLE IV
OBLIGATIONS OF OWNERS


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 Declaration.

ARTICLE V
OBLIGATION OF THE ASSOCIATION


5.1 Duties of the Association

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 replacement.

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 Association

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.


ARTICLE VI
ASSESSMENTS
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.

 Section 6.3 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.

Section 6.4 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.

 Section 6.5 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.

Section 6.6 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 Capital.

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 Assessment.

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 Rights.

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 Association; or

(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 below.

 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.

Section 6.15 Exempt Property.

 The following property shall be exempt from the payment of Annual and Special Assessments:

 (a) All portions of the property dedicated to and accepted by a local public authority; and

 (b) The common areas and other areas set aside for nonresidential use.


ARTICLE VII
ARCHITECTURAL CONTROL COMMITTEE
As Amended May 9, 2011

Section 7.1  Appointment

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.

7.2  Duties
 
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,

7.3  Adoption of Guidelines

The ACC 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.

7.4 Meetings:  Compensation

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.

7.5  Non-waiver

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 unreasonably withheld.

7.6  Liability

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.


ARTICLE VIII
ARCHITECTURAL AND LANDSCAPE CONTROL

8.1   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 exterior appearance;

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 Approval

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.

8.3  Criteria for Approval

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:

http://www.thurstoncountywa.gov/sw/swdocuments/dm-current-2016-drainage-manual.pdf



8.4 Failure to Approve

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.

8.5 Conformance 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.




 

 


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