General Provisions

Fox Hill Homeowners' Association

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Olympia, Washington

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Current Covenants, Conditions and Restrictions
 Filed in Thurston County for Fox Hill

Article 11 thru 13 - General Provisions
Full Text Following Amendment  May 9, 2011
Recently changed language is underlined
Article 10 was deleted by amendment

 

CCRs - Articles 1-8

CCRs - Article 9

CCRs - Articles 10-13

Printable PDF File

 

ARTICLE XI
GENERAL PROVISIONS

11.1 Binding effect

All present and future owners or occupants of the Development shall be subject to, and shall comply with, the provisions of this Declaration and with any amendments. The acceptance of a deed or conveyance, or the entry into occupancy of any lot, shall constitute an agreement that the provision of this Declaration and amendments are accepted and ratified by such owner or any occupant and that all such provisions shall be deemed and be taken to be covenants running with the land, and shall bind any person having at any time any interest or estate in such lot as though such provisions were recited and stipulated at length in each and every deed and conveyance or lease thereof


11.2  Enforcement

11.2.1 Compliance of Owner - Each owner shall comply strictly with the provisions of this Declaration and with the Articles of Incorporation, Bylaws, and administrative rules and regulations adopted by the Association as the same may be lawfully amended from time to time, and with all decisions adopted pursuant to this Declaration and Bylaws and administrative rules and regulations adopted by the Association. Failure to comply shall be grounds for 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), or by the aggrieved owner on his own against the party (including an owner or the Association) failing to comply. The prevailing party shall also be awarded judgment for its taxable costs, reasonable attorney's fees, and all other costs and expenses incurred.

11.2.2 Compliance of Lessee -
Each owner who shall rent or lease his lot shall insure that the lease or rental agreement shall be in writing and shall provide that said agreement shall be subject to the terms of this Declaration, Articles of incorporation, Bylaws, and administrative rules and regulations. Said agreement shall further provide that any failure of any lessee to comply with the provisions of said documents shall be a default under the lease.

11.3 No Waiver of Strict Performance

The failure of the Board in any one or more instances to insist upon the strict performance of any of the terms, covenants, conditions or restriction of this Declaration, or of any Bylaws, administrative rules or regulations, or to exercise any right or option contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. The receipt by the Board of any assessment from an owner with knowledge of any such breach shall not be deemed a waiver of such breach, and no waiver
by the Board of any provision here of shall be deemed to have been made unless expressed in writing and signed by the board. This section also extends to the Declarant or Declarant's managing agent, exercising the powers of the Board during the initial period of the operation of the Association and the project development.

11.4 Right of Entry

Violation of any of the provisions, conditions, restrictions, covenants, reservations or easements contained herein, shall give to Declarant, its successors, or the Association, the right to enter upon the property upon or as to which such violation exists and to abate and remove at the expense of the owner thereof: any erection, thing or condition that may be thereon contrary to the intent of the provisions hereof. Such entry shill be made only after three (3) days notice to said owner and with as little inconvenience to the owner as possible, and any damage caused thereby shall be repaired by the Association. Declarant or its successors shall not thereby be deemed guilty of any manner of trespass by such entry, abatement or removal.

11.5 Severability

Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect.

11.6  Interpretation

This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the property by providing a general plan of development for the property.

11.7 Counterparts

This Declaration may be executed in counterparts, and all so executed counterparts
shall constitute one agreement, binding on all of the parties, notwithstanding that some of the parties are not signatories to the original of the same counterpart.

11.8 Certain Rights of Declarant

For such time as Declarant shall own any lot (except for lots specifically retained by Declarant after Declarant has ceased offering other lots for sale), there shall be no amendments to this Declaration, the Articles of Incorporation, the Bylaws of the Association or any rules or regulations adopted by the Association (unless agreed to by Declarant) which.

a) Discriminate or tend to discriminate against the Declarant's right as an owner.

b) Alter the character and rights of membership or management, or the rights of Declarant as provided for in this Declaration.

c) Alter previously recorded or written agreements with public or quasi-public agencies regarding easements and right of ways.

d) Alter Declarant's rights as set forth herein which specifically grant or reserve rights to Declarant.

e) Alter the basis for assessments.

f) Alter the provisions of the use restrictions as set forth in Article IX; or alter the
Declarant's right in any way as they appear under this Article

11.9 Exemption for Lots 66 through 69

The owners of lots 66, 67, 68 and 69 as previously sited in the Declaration shall each be a member of the association, but shall be exempt from complying with these CCR's until after a home is constructed on each. Each of these lots is 40 acres in size and under current zoning rules is allowed only one home on each lot per the requirements of the plat approval.


ARTICLE XII
TERM


The covenants run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by all of the then owners has been recorded, agreeing to change such covenants in whole or in part. However, nothing in this article shall be deemed to affect or limit in any way the duration of those easements which are granted as perpetual easement by this Declaration.

ARTICLE XIll
Amendment

This Declaration and its covenants, conditions, and restrictions may be amended at any time by an instrument signed by not less than two-thirds (2/3) of the members subject to the limitations set forth in this Declaration (e.g., Section 11.8), except that the provisions of Section IX, Protective Covenants, may not be amended for a period of two years from the date of adoption of this Amendment. Any amendment must be recorded.



 

 


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