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CC & R's
Table of Contents
Exhibit B To Property Report
- Plat of Kachess and Kachess Plat II Amended and Revised
Declaration of Covenants, Conditions, and Restrictions and Notice of Subjection
of Assessment of Liens
Article I - Definitions
Article II - Membership
Article III - Voting Rights
Article IV - General Protective Covenants and Restrictions
Article V - Assessments and Liens
Article VI - Property Rights
Article VII - Annexation of Additional Properties
Article VIII - Reserve Property and Easement
Article IX - Architectural Control Committee
Article X - Utilities
Article XI - General Provisions
Exhibit A To Kachess Community Declaration of Covenants
The Legal Description of The Plat of Kachess
The Legal Description of Kachess Plat II
Exhibit B To Plat of Kachess and Plat of Kachess II
- Amended and Revised Declaration of Covenants, Conditions and Restrictions and Notice of Subjection
of Assessments of Liens
Exhibit C To Kachess Community
- Declaration of Covenants (Article V, Section 10 Supplement) Common Areas Physical Development Plan
Exhibit C To Property Report
- Articles of Incorporation of Kachess Community Association
Article I - Name
Article II - Duration
Article III - Purpose of Powers of This Association
Article IV - Membership
Article V - Voting Rights
Article VI - Board of Directors
Article VII - Dissolution
Article VIII - Amendments
Article IX - Registered Office and Agent
Article X - Amendments to By laws
Article XI - Incorporation
Exhibit D To Property Report
- Amended and Revised By-Laws of Kachess Community Association
Article 1 - Name and Location
Article 2 - Definitions
Article 3 - Members and Voting Rights
Article 4 - Certificate of Membership
Article 5 - Ownership
Article 6 - Meeting of Members
Article 7 - Board of Directors
Article 8 - Meeting of Board of Directors
Article 9 - Action by Written Consent
Article 10 - Waiver of Notice
Article 11 - Nomination and Election of Directors
Article 12 - Powers and Duties of the Board of Directors
Article 13 - Committees
Article 14 - Officers and Their Duties
Article 15 - Loans Prohibited
Article 16 - Contracts Checks and Deposits
Article 17 - Fiscal Year
Article 18 - Seal
Article 19 - Indemnification
Article 20 - Amendments
Article 21 - Books and Records
Article 22 - Architectural Control Committee
Article 23 - Rules and Regulations
Article 24 - Rule of Procedure
Article 25 - Conflicts
Exhibit A To Amended and Revised By-Laws of Kachess Community Association
The Legal Description of The Plat of Kachess
The Legal Description of Kachess Plat II
Exhibit B To Amended And Revised By-Laws of Kachess Community
Exhibit E To Property Report Kachess Community Association Architectural Control Committee Rules
Philosophy
Procedural
Committee Responsibility
Application and Enforcement
EXHIBIT B TO PROPERTY REPORT
PLAT OF KACHESS AND KACHESS PLAT II
AMENDED AND REVISED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
AND NOTICE OF SUBJECTION OF ASSESSMENT OF LIENS
THIS AMENDED AND REVISED DECLARATION is made on the date hereinafter set
forth by KACHESS VILLAGE ASSOCIATES a limited partnership, the owner of Kachess,
a recreational resort community located within the Wenatchee National Forest on
the shorelines of Lake Kachess of Kittitas County, Washington.
Declarant is the owner of certain property in the County of Kittitas, State
of Washington, as set forth in Exhibit 'A' (hereinafter referred to as
"properties") which is attached hereto and incorporated herein by reference and
made a part hereof as if fully set forth, and Kachess lies within and is
surrounded by the timbered lands of the Wenatchee National Forest. The Community
is secluded and its lands and shoreline embrace a vast majority of Private
ownership on Lake Kachess. While in proximity to metropolitan areas, it should
forever remain in an untrammeled state of nature. It is a place of quiet and
beauty. The land, the mountains, the lake, the rich variety of plant and animal
life, in association, create an environment conducive to peace, to friendship,
and to quiet contemplation; and
The Declarant intends, through these covenants, conditions and restrictions,
to safeguard and preserve the character of Kachess and its environs. Those of
you who hereafter acquire an interest in this land and who will thereafter be
responsible for its care, are admonished to care for it well so it will forever
remain as it is, a retreat from urban care and a haven for the restoration of
spirit and mind; and
On April 21, 1975, the Declarant signed a Kachess Community Declaration of
Covenants, Conditions and Restrictions and Notice of Subjection of Assessment of
Liens, which was recorded on April 23, 1975, under Kittitas County Auditor File
No. 396440; and
On October 7, 1976, Kachess Plat II was recorded In Volume 7 of Plats, pages
10 through 13, records of Kittitas County, Washington, which Plat replanted
certain areas of the Plat of Kachess. The Declarant intends hereby to amend and
revise the original Kachess Community Declaration of Covenants, Conditions, and
Restrictions and Notice of Subjection of Assessment of Liens dated April 21,
1975, to provide for changes since that date. The declarant has complied with
the requirements for amending said Declaration as set forth in Article XI,
Section 3, of said Declaration
NOW, THEREFORE,
Declarant hereby declares that all of the properties shall be held, sold and
conveyed subject to the following easements, restrictions, covenants,
conditions, reservations, charges, liens, all of which are for the purpose of
enhancing and protecting the value, desirability and attractiveness of Kachess
Community. The easements, restrictions, covenants, conditions, reservations,
charges, and liens shall run with the real property and shall be binding upon
all of the parties having or acquiring any right, title, or interest in the
properties or any part thereof and shall be binding upon their heirs,
successors, and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to Kachess Community
Association, a non-profit corporation, organized under the laws of the State of
Washington, its successors and assigns, organized and established to care for
the common facilities necessary to maintain and preserve the parkways,
greenbelts, utilities, and other common properties necessary for the convenient
enjoyment and preservation of Kachess and to promote the health, safety, and
welfare of the residents of Kachess.
Section 2. "Declarant" shall mean Kachess Village Associates, a limited
Partnership, organized under the laws of the State of Washington, and any
assigns engaged in land development or activities which are the same as or
similar to those of Kachess Village Associates.
Section 3. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any lot, and/or condominium
unit, which is a part of the property, and contract purchasers, excluding those
having such interest merely as a security for performance of an obligation and
contract sellers. "Owner" shall also include any person or persons or entities
holding a leasehold interest in any lot and/or condominium unit.
Section 4. "Properties" and "Property" shall mean and refer to that certain
real property described in Exhibit "A" and such additions thereto as may
hereafter be brought within the jurisdiction of the Association.
Section 5, "Common area" shall mean any and all real property owned by the
Association for the common use and enjoyment of the owners including community
facilities, parks, roadways (other than any streets or other areas dedicated to
public use), walkways, greenbelts, reserve areas, and assigned recreational
facilities. The common areas to be owned by the Association at the time of
conveyance of the first properties are described in Exhibit "B" which is
attached hereto and incorporated herein by reference and by this reference made
a part hereof as if fully set forth.
Section 6. "lot" shall mean and refer to any plot of land shown upon the
recorded Plat of Kachess and Kachess Plat II recorded with the County Auditor,
and any additions thereto as may be hereinafter be brought within the
jurisdiction of the Association, excluding the common area.
Section 7. "Condominium unit" or "unit" shall mean and refer to any unit
within any condominium on land within the recorded plats of Kachess, and any
additions thereto as may be hereinafter brought within the jurisdiction of the
Association, excluding the common area.
Section 8. "Member" shall mean any person or entity holding membership in the
Association.
Section 9. "Development period" shall mean that period Declarant needs to
sell 90 single-family lots and/or condominium units in Kachess, or any shorter
period as determined by Declarant but no longer period than that ending April
23, 1979.
Section 10. "Commercial Establishment" shall be any business established for
profit, and such establishment shall only be located in the area designated on
Exhibit "B" as Tract B-2 and may include but is not limited to hotels,
restaurants, cocktail lounges, stores, etc.
Section 11. Use of the singular herein shall include reference to the plural,
and vice versa, and use of the masculine gender shall include reference to the
feminine.
ARTICLE II
MEMBERSHIP
Every owner of a lot and/or condominium unit which is subject to assessment
by the Association shall be a member of the Association.
ARTICLE III
VOTING RIGHTS
Owners shall have one (1) vote for each lot or condominium unit owned,
whether improved or not. When more than one person is an owner of any lot or
condominium unit, all such owners shall be members. The vote for each lot or
condominium unit shall be exercised as the owners, among themselves, for any
purpose whatsoever determine, but in no event shall more than one vote be cast
with respect to any lot or condominium unit. In the event that the owners of any
lot and/or condominium unit disagree among themselves as to how the one vote for
the lot or condominium unit shall be exercised with respect to a pending matter,
any such person may deliver written notice of such dispute to the president or
secretary of the Association, and the vote for that lot or condominium unit
shall then be disregarded completely with respect to the matter or matters
before the Association at that meeting. The right to vote may not be severed or
separated from any lot or condominium unit, and any sale, transfer, or
conveyance of said property interest to a new owner or owners shall operate to
transfer the appurtenant vote without the requirement of any express reference
thereto.
ARTICLE IV
GENERAL PROTECTIVE COVENANTS AND RESTRICTIONS
Section 1. Enjoyment of Property. The owners shall use their respective
properties for their enjoyment so as not to offend or detract from any other
owner's enjoyment of his respective property.
All lots, designated single family on Exhibit "B" shall he used exclusively
for private single family residences consisting of single residential dwellings
and such outbuild- ings (garage, patio structure) as are consistent with a
permanent or recreational residence. A guest suite or like facility without a
kitchen, usually attached to the main residence structure with a minimum
connecting structure of a wall or fence not less than six feet high, or a
covered walk, shall be deemed to be included as part of a single family
residence.
Section 2. Derogation of Laws. No owner shall carry on any activity of any
nature whatsoever on his property that is in derogation or violation of the laws
or statutes of the State of Washington, Kittitas County, or other applicable
governmental body.
Section 3. Construction. All structures shall be of new construction (except
used brick, siding, or similar decorative materials may he used) and shall not
be commenced until a building permit from the appropriate public agency is
obtained, together with architectural control approval as provided in Article
IX.
Section 4. Date of Completion of Construction. The work of construction of
all buildings and structures shall be prosecuted diligently and continuously
from commencement of construction until the structures are fully completed and
painted. All structures shall be completed in external appearance, including
finishing painting or staining within one year from the date of commencement of
construction, except concrete foundations or posts, piers or other supports
provided they are screened from view.
Section 5. Residential Use of Temporary Structure Is Prohibited. No mobile
homes, tents, trailers, boats, campers, or other building or any structure of a
temporary character shall be installed or stored on any property or lot except
solely as is necessary during active construction, provided that conditional
camping privileges shall he allowed subject to a special permit issued by the
Board of Directors of the Association. Said permit shall he issued at the sole
discretion of the Board of Directors and may be revoked by the Board of
Directors at any time.
Section 6. Parking Restrictions. Unless otherwise approved by the Association
in accordance with Article IV, Section 5, at no time shall owners keep or permit
to be kept on any property or lot, any house trailer, truck, camper, mobile home
or boat trailer or boat or any similar vehicles unless housed within a garage or
screened from view from streets, parking areas and surrounding properties.
Section 7. Nuisance. No nuisance or offensive activities shall be carried on
upon any properties nor shall anything be done thereon which may become a
nuisance as such is defined under the laws of the State of Washington, nor shall
any lot and/or condominium unit be utilized for industrial or commercial use.
Declarant reserves unto itself, its successors and assigns the right to
construct and operate commercial facilities on Tract B-2 as designated on
Exhibit B, and, in addition, Declarant reserves the right to operate a
commercial real estate and security sales or agency office upon a lot.
Section 8. Garbage and Refuse. All garbage and refuse shall be stored on the
owner's property in sanitary containers which shall be secured, fastened and
protected from animals and obscured from public view and shall be regularly
hauled by or for the owner to a public or other suitable dump site, not within
the property.
Section 9. Animals. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot or within any condominium unit except that dogs,
cats or other conventional household pets may be kept, provided they are not
kept, bred or maintained for any commercial purposes and subject to the
following: All pets must be kept on a leash within the properties when not
confined to the owners lot and/or condominium unit; the owner shall observe and
obey all laws applicable to a resident in Kittitas county pertaining to care,
control and husbandry of animals and pets. The Association may prescribe and
establish further rule for the control of all pets and may also establish
permissive rules for the use of trained riding horses and drayage horses within
the property provided they are maintained and corralled elsewhere than on the
properties. No game animals, namely bear, deer, elk, otter, cougar, bobcats, and
others deemed capable of injuries to life or limb shall be fed, molested,
disturbed, hindered or restrained. Harming or molesting of birds is absolutely
prohibited and they shall be treated as a protected species within the plat.
Section 10. Clotheslines. All exterior clotheslines shall be obscured from
public view, and no article of clothing or household linen or towels, or similar
items, shall be permitted to hang on balconies, fences, or other exterior places
in public view.
Section 11. Guests. All owners are responsible at all times for the conduct
of their guests and the Association shall have the right to adopt rules and
regulations with respect to the use of common areas by guests.
Section 12. Vehicles. Non-muffled motor cycles, motor bikes, trail bikes,
snowmobiles, or similar vehicles are prohibited on any roads, walkways, etc., of
Kachess community whether licensed or unlicensed. No motorized vehicles (except
electrically powered carts or service vehicles) are permitted on any of the
paths, walkways, stairwells, porches, or structures within the properties,
provided that such motorized vehicles may be stored on the properties if they
are hidden from the view of the other property owners.
Section 13. Signs. There shall be no signs erected or maintained on the
property whatsoever including but without limitation commercial, political, and
similar signs, visible from neighboring properties, except:
(a) such signs as may be required by law or by any legal proceeding;
(b) project identification signs if they do not exceed a combined total face
area of eight square feet;
(c) signs not exceeding one square foot providing the name or number
identification on a residential property, parking or storage area;
(d) during the time of construction of any condominium or commercial
structure, a job identification sign having a maximum face area of twenty square
feet per sign;
(e) any owner wishing to sell or rent his property may place one sign not
larger than three hundred square inches advertising the property for rent, sale,
etc.;
(f) under no circumstances will neon or similar signs be permitted within the
property nor shall any signs be illuminated by greater than 150 watts total per
sign.
Section 14. Exterior Finishes. No reflective finishes (other than glass)
shall be used on exterior surfaces (other than the surface of hardware fixtures)
including but without limitation to the exterior surfaces of any of the
following: roofs, projections above roofs, retaining walls, doors, trims,
fences, pipes, equipment, and mailboxes. The colors of all exterior surfaces
shall be in harmony with the natural setting and surroundings; and the use of
stains instead of paint is encouraged. Except for nails, bolts, and other
approved connecting devices and hardware fixtures all fences, screens, and
similar exterior structures shall be constructed solely of wood within
residential areas; provided that, subject to the limitations on reflective
surfaces stated above, retaining walls may be constructed of other materials.
Section 15. Parking. Each condominium unit and/or lot shall contain
sufficient parking for at least one automobile for each living unit or lot by
one of the following means:
(a) a garage either attached to or detached from the main structure;
(b) a carport enclosed on not less than two sides, either attached directly
to the main structure or connected by roof or major fence;
(c) an exterior parking area enclosed on not less than two sides by a five
foot fence, planted berm or retaining wall.
Section 16. Lighting. Except in the commercial and common areas of the
property, there shall be no exterior lighting of any sort either installed or
maintained, the light source of which is visible from neighboring properties
except signs illuminated as provided above. Bare light bulbs and flood lights
anywhere within the property are specifically prohibited within residential
areas. The Association may permit specific reflective, decorative or safety
lighting within the park or commercial areas as well as on paths and in parking
areas.
Section 17. Antennas. There shall be no antennas of any sort, either
installed or maintained, which are visible from neighboring properties.
Section 18. Quiet Enjoyment. No exterior horns, whistles, bells or other
sound devices (except security devices used exclusively to protect the security
of the owner or his improvements) shall be placed or used upon a lot or
condominium unit.
Section 19. Fires. There shall be no exterior fires whatsoever except
barbeque and authorized incinerator fires contained within the proper
receptacles, all under permissive restrictions to be published by the
Association and as controlled by the applicable governmental authority.
Section 20. Compost Piles. Compost piles are prohibited.
Section 21. Automobile Repair and Maintenance. There shall be no motor
overhaul repair performed on automobiles or other vehicles unless done so on
specifically allotted areas such as a community workshop. Any automobile or
other vehicle deemed to be in an inoperative condition in excess of three days
and which causes an undesirable effect on the property may be removed by action
of the Association.
Section 22. Oil and Mining Operations. No oil drilling, oil development
operations, oil refining, quarry or a mining operations of any kind shall be
permitted on or in any of the properties nor shall oil wells, tanks, tunnels,
mineral excavations or shafts be permitted on or in any of the property.
Section 23. Mobile Homes. NO mobile homes shall be permitted on any of the
property except as provided for herein.
Section 24. Easements. There is reserved to the Declarant and to the Board of
Directors of the Association, their agents and servants, an easement in gross
over each and every lot (including lots on which are located condominium units
and covered establishments in the subdivision, all of which lots shall
constitute the servient tenement) for entry and access at reasonable times and
places for maintenance and construction of common areas and decorative screening
fences and for the performance generally of all their rights and duties as
provided in this Declaration.
Section 25. Exterior Maintenance. Each owner shall be obligated to provide
exterior maintenance of his property. In the event an owner shall fail to
maintain his property and improvements situated therein in a manner satisfactory
to the Board of Directors of the Association, after approval of a two- thirds
majority vote by the Board of Directors, the Association shall have the right,
through its agents and employees, to enter upon said lot or condominium unit to
repair, maintain and/or restore the property and the exterior of the buildings
and any improvements erected thereon. The cost of such work shall be added to
and be a part of the assessment to which the lot or condominium unit is subject.
Section 26. Weapons. No firearms of any kind or nature including bows,
slingshots, BB guns, slings or traps or any other like weapon shall be used
within the properties except by appropriate governmental officials.
ARTICLE V
ASSESSMENTS AND LIENS
Section 1. Purpose of Assessments. A financially healthy Association, funded
to provide a growth and income to match community needs and progress is
essential for continued enjoyment of the community lifestyle and for the
protection of the owners' investment. The Assessment levied by the Association
shall be used exclusively to promote the recreation, health, safety, enjoyment
and welfare of the owners and for the improvement and maintenance of the common
areas and like properties.
Section 2. Duration of Lien and personal Obligation of Assessment. Declarant,
for each owner of a lot and/or condominium unit within the property, hereby
covenants and each owner of any lot or condominium unit, by acceptance of a deed
therefor or lease agreement or like document, whether or not it shall be so
expressed in such document, is deemed to covenant and agree to pay to the
Association the annual assessments, together with interest, and any cost and
reasonable attorney's fees which may be incurred to collect said assessments,
all of which shall be a charge upon a lot or condominium unit and shall be a
continuing lien upon the lot or condominium unit, against which each assessment
is made. Each assessment, together with interest, and any costs and reasonable
attorney's fees which may be incurred to collect said assessments, shall also be
the personal obligation of the person who is the owner of such property at the
time when the assessment fell due.
Section 3. Annual Assessment.
(a) Lots and Condominium Units. For one year following the date of this
Declaration, the maximum assessment shall be One hundred Eighty dollars per
owner or Fifteen Dollars per owner per month, payable quarterly in advance, and
thereafter as set forth in Section 3(c).
(b) Commercial Establishment. The assessment rate upon commercial
establishments is fixed at one-half of one percent of gross sales or revenue for
the first twelve months of operation and thereafter one percent for the next
twenty-four months of operation and at one and one half percent thereafter;
payable quarterly within thirty days after the end of each calendar quarter. In
the event of the establishment of rental accommodation (such as an inn or hotel,
etc.) upon the date of recording of this Declaration and thereafter said
assessment rate is five percent of the room or apartment charge for occupancy
payable by the tenth of each calendar month on the gross income of the previous
month. The assessment set forth herein (Article V, Section 3b) shall not be
increased by the Association.
(c) Maximum Assessment Rates. The assessment rate for owners of residential
lots and/or condominium units shall not be increased or decreased by the Board
of Directors of the Association in excess of ten percent (10%) in any one year
and shall not exceed twenty percent (20%) cumulatively, except such rate may be
increased or decreased in a greater amount by a two-thirds vote of the owners
who are voting in person or by proxy at a meeting called for that purpose.
(d) The Board of Directors of the Association may fix the maximum
annual assessment in an amount not to exceed the of the assessment rate set
forth in (c) above.
Section 4. Notice and Quorurn For Any Action Authorized Under Section 3.
Written notice of any meeting called for the purpose of taking any action
authorized under Section 3 shall be sent to all owners not less than ten (10)
days nor more than fifty (50) days in advance of the meeting. At the first
meeting called, the presence of owners or their proxies entitled to cast twenty
percent (20%) of all votes of the ownership shall constitute a quorum. If the
required quorun is not present, another meeting may be called subject to the
same notice requirements and the required quorum at the subsequent meeting shall
be one-half of the required quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty days following the preceding meeting.
Section 5. Uniform Rate of Assessment. Annual assessments may fixed at a
uniform rate for all lots and/or condominium units and may be collected on a
quarterly basis or as set forth above.
Section 6. Effect of Nonpayment of Assessment: Remedies of the Association.
Any assessment not paid within thirty (30) days after the due date shall bear
interest from the due date at the rate of ten percent (10%) per annum or at such
other rate as established by the Board of Directors of this Association. The
Association may bring an action at law or in equity against the owner personally
obligated to pay the same, or foreclose the lien against the lot and/or
condominium unit, and interest, costs, and reasonable attorney's fees of any
such action shall be added to the amount of such assessment. No owner may waive
or otherwise escape liability for the assessments provided for herein by non-use
of the common area or abandonment of his lot or condominium unit.
Section 7. Subordination of the Lien to Mortgages. The lien of the
assessments provided for herein shall be subordinate to the lien of any first
mortgage or deed of trust or Declarant's or its assigns' interest in any
mortgages, deeds of trust, or real estate contracts. Sale or transfer of any lot
or condominium unit shall not affect the assessment lien except by operation of
law.
Section 8. Suspension. The Association has the right to suspend voting rights
and right to use of the common areas and recreational facilities by any owner of
a lot and/or condominium unit for a period during which an assessment against
his lot or unit remains unpaid and for a period not to exceed thirty (30) days
for an infraction of the Association's published rules and regulations.
Section 9. Exempt Property. The following property under this Declaration
shall be exempt from assessments created herein:
(a) all property dedicated to and accepted by local public authority;
(b) all common area properties;
(c) all properties owned by charitable or non-profit organizations exempt
from taxation by the laws of the State of Washington; provided that no land or
improvements occupied as a dwelling unit shall be exempt from said assessments;
(d) all Declarant's property.
Section 10. Common Area Facilities. The development of the common areas shall
substantially in conformance with the attached plans and schedule (Exhibit "C")
which is incorporated herein by reference. Declarant has contributed the
approximate amount of $70,000 in the form of permanent improvements to Tract II
("Central Park"); and in consideration for this contribution Declarant's unsold
lots and/or condominium units shall not be subject to assessments or dues. Upon
the initial sale of each lot and condominium unit, Declarant shall deposit Two
hundred Fifty Dollars ($250) in a special bank account (Common Area Development
Account) of the Association and all of such funds shall be used exclusively for
the development of the common areas as determined by the Board of Directors of
the Association. Upon completion of the construction of a hotel, motel or
similar facility, if any, on the property, there shall be paid by the owner of
the facility to the Association, the sum of Two hundred Fifty Dollars ($250) per
Guest Rental Space in the hotel, motel or similar facility, to be deposited in
the Common Area Development Account of the Association.
ARTICLE VI
PROPERTY RIGHTS
Section 1. Owner's Easements of Enjoyment. Every owner shall have a right and
non-exclusive easement of enjoyment in and to the common areas which shall be
appurtenant to and shall pass with the title to every lot and condominium unit,
subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other
fees for the use of any facility situated upon the common area; provided that
the Declarant reserves the right to use the Community Day Lodge located on Tract
H as an administrative and sales office until 160 single family lots have been
sold.
(b) the right of the Association to suspend the voting rights and right to
use of the facilities by an owner for a period as set forth herein;
(c) the right of the Association to dedicate or transfer all or any part of
the common areas to any public agency, authority or utility for such purposes
and subject to such conditions as may be agreed to by the members. No such
dedication or transfer shall be effective unless an instrument signed by
two-thirds (2/3) of the owners agreeing to such dedication or transfers has been
recorded;
(d) the right of the Association to limit the number of guests of owners;
(e) the right of the Association, in accordance with its Articles and
By-Laws, to borrow money for the purpose of improving the common area and
facilities, and in aid thereof to mortgage said property and the rights of such
mortgages in such properties shall be subordinate to the rights of the owners
hereunder.
Section 2. Delegation of Use. Any owner of any lot or condominium unit may
delegate, in accordance with the By- Laws, his right of enjoyment to the common
area and facilities to the members of his family or his tenants, guests or
invitees, subject to the limitations herein and in the Articles of
Incorporation, By-Laws and rules and regulations of the Association.
Section 3. Title to the Common Areas. The Declarant hereby covenants, for
itself, its successors and assigns, that it shall construct all roads as shown
on the Plat of Kachess and Plat of Kachess II, and shall provide, as shown upon
the said plats, community beaches, park areas, reserve areas and shall maintain
such facilities until conveyed to the Association, and, thereafter, the
Association shall maintain and operate said facilities together with such
additional recreational services or facilities as the Declarant may convey to
the Association.
ARTICLE VII
ANNEXATION OF ADDITIONAL PROPERTIES
Section 1. After the development period, annexation of additional properties,
other than the properties within the general plan of the development as set
forth in the plats shall require the consent of two-thirds (2/3) of the owners
belonging to the Association.
Section 2. If Declarant shall develop additional lands within five (5) miles
of the above described property, such additional lands may be annexed at the
option of Declarant to the existing property without the consent of the members
of the Association and such additional property shall be subject to the terms
and conditions of this Declaration.
ARTICLE VIII
RESERVE PROPERTY AND EASEMENT
Declarant reserves unto itself the right to transfer title or to contract
thereof or to lease or grant that property upon which utilities or drainage
easements are located or are to be located (hereinafter "reserve property") or
to grant, contract, or lease easements, rights or permits for utility service to
any utility district, utility company, or public body for purposes of
installation, maintenance, replacement or extension of utility services useful
to the plats. Title to the reserve property is reserved to Declarant, to its
successors, and assigns until transferred to the Association or public body. Use
or enjoyment of the reserve property for any purpose or uses by or for the
owners is permissive only, and no rights by prescription or adverse possession
as to the reserve property or any part thereof shall accrue in favor of any
owner. The property is and shall be subject to the provisions set forth in a
Deed recorded with the Kittitas County Auditor (file No. 383247. Volume 40,
pages 659-662) on June 26, 1973, and the Easement Exchange Agreement amending
certain provisions of said deed, recorded with the Kittitas County Auditor, File
No. 408259 , Volume 76 , paqes 153 - 156 , on October 7, 1976 which grants to
the owner of Section 7 an easement of access to and from Lake Kachess through
Tract H as shown on Exhibit "B".
ARTICLE IX
ARCHITECTURAL CONTROL COMMITTEE
Section 1. No building, fence, wall, or other structure shall be commenced,
erected or maintained upon the property nor shall any exterior addition to or
change or alteration therein be made, nor shall a lot be cleared or excavated
for use; nor shall any tree of eight (8) inches or more breast high diameter be
cut until after the details and written plans and specifications showing the
nature, kind, shape, height, materials and location of the same shall have been
submitted to and approved in writing as to harmony of external design and
location in relation to surrounding structures and topography by the Board of
Directors of the Association or by an architectural control committee composed
of three (3) or more representatives appointed by the Board. The architectural
control committee shall consist of three (3) qualified persons (plus one
alternate) appointed and subject to removal or replacement by the Board of
Directors of the Association. The architectural control committee will meet
during the first week of each month and approve or disapprove plans which have
been submitted prior to the last day of the preceding month, by a majority vote
and in writing prior to the fifteenth of that month. If such plans and
specifications are disapproved (or, if conditionally approved, unless the
conditions thereof be complied with) the project construction shall not be
undertaken, or if undertaken, a violation hereof may be abated by legal
proceedings by any party having an interest in the enforcement hereof
irrespective of the time of completion thereof. The architectural control
committee in no way shall confirm or guarantee any assumed geological
conditions, safety or structural standards or construction methods. The
architectural control committee shall, in good faith, exercise discretionary
approval or disapproval on the basis of minimizing interference with enjoyment
of adjacent properties, protecting property values and enforcing improvement use
and occupancy in a pleasing but not sterile nor uniform combination. In the
event said architectural control committee, or the Board of Directors, fails to
approve or disapprove such plans, etc., within sixty (60) days after said plans
and specifications have been submitted to it, approval will not be required and
this article will be deemed to have been fully complied with.
Section 2. The architectural control committee shall consider and act upon
all matters properly submitted to it. In the furtherance of this function, the
architectural control committee may, by unanimous vote, from time to time and in
its sole discretion, adopt, amend and repeal rules and regulations to be known
as the Architectural Control Committee Rules establishing its operating
procedures and interpreting, detailing and implementing the provisions of the
instruments pursuant to which it is charged with responsibility. The
architectural control committee may establish a reasonable fee to be paid to it
to cover its costs incurred, considering and acting upon matters submitted to
it; the initial fee shall be $30.00. Such fee shall be paid to the Association.
A current copy of the architectural control committee rules shall be kept on
file at the principal office of the Association at all times. Such rules shall
have the same force and effect as if set forth herein. Consent by the
architectural control committee to any matter proposed to it or within its
jurisdiction shall not be deemed to constitute a precedent or waiver impairing
its right to withhold approval as to any similar matter thereafter pro posed or
submitted to it for its consent.
ARTICLE X
UTILITIES
Section 1. All permanent utility systems, including water, gas electric,
cable television and telephone, shall be underground exclusively. All owners
shall be required to connect their lot or unit to electric, water, and other
utilities as they become available to the property.
Section 2. There is reserved to the utility district or utility company
providing utility service, the exclusive right to connect improvements upon the
properties within the utility service lines for which service the owner will pay
the then prevailing price for such connections as charged by such utility
district or company.
Section 3. When in operation, so long as a community water system service is
available, no private wells or individual water sources shall be created or used
for the property.
Section 4. All sewage disposal facilities on the properties shall conform to
the requirements for waste disposal in Kachess imposed by the Kittitas County
Health Department. No disposal facility, or part thereof, shall be installed on
or in an owner's lot and/or condominium unit unless the same has been previously
approved for use thereon or therein by the Kittitas County health Department.
Every owner shall at all times maintain his sewage disposal system in good
working order and shall assume all maintenance costs thereof. In the event an
owner shall fail to maintain his sewage disposal system in a manner satisfactory
to the Board of Directors of the Association, after approval of a two-thirds'
majority vote by the Board of Directors, the Association shall have the right,
through its agents and employees, to enter upon said lot or condominium unit to
repair, maintain, and/or restore the disposal system, provided that said agents
and employees may, without such prior approval by the Board of Directors, but
with the authorization of an officer or director of the Association, or, during
the development period, alternatively with the authorization of a supervisory
agent of Declarant, enter upon said lot or condominium unit in order to remedy
any defect or condition in an owner's sewage disposal system which presents a
clear and emergent danger to the health, safety, or welfare of Kachess. The cost
of any such work performed by agents or employees of the Association pursuant to
this section 4 shall be added to and be a part of the assessment to which the
lot or condominium unit is subject.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement. The Association, the Declarant and each owner of a
lot or condominium unit, subject to this Declaration, shall have the right to
enforce, by any proceedings at law or in equity, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration; provided, however, that the Declarant's right to
enforce provisions of this Declaration shall terminate at such time as Declarant
shall cease to be the owner of a lot or condominium unit, subject to this
Declaration. Failure of the Association or Declarant to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right
to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants,
restrictions or provisions by judgment or court order shall in no way affect any
other provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration
shall run with the land for a term of twenty-five (25) years from the date this
Amended and Revised Declaration is recorded, after which time it shall be
automatically extended for successive periods of ten (10) years. This
Declaration may be amended during those first twenty-five (25) years by an
instrument signed by not less than eighty percent (80%) of the owners of all
lots and/or condominium units and thereafter by an instrument signed by not less
than seventy percent (7O%) of the owners of all lots and/or condominium units.
Any amendment must be recorded. In no event shall any amendment require more
onerous restrictions than those herein as to any existing structure unless the
same be unanimously approved by the owners.
Section 4. Attorney's Fees. In the event the Association or Declarant shall
bring any suit or action to enforce any provision contained in this document or
to collect any money due it the reunder or to foreclose a lien, the defendant in
such suit or action shall pay to the Association or Declarant, all costs and
expenses that said Association or declarant shall incur in connection with such
suit or action including title reports in such amounts as the court may deem to
be reasonable as attorney's fees therein including attorney's fees incurred in
connection with any appeal from a decision of the trial court or any
intermediate appellate court.
DATED this 6th day of October 1976.
KACHESS VILLAGE ASSOCIATES
A Limited Partnership
By OLYMPUS ENTERPRISES, INC.
Its General Partner
By Richard J. Allen, Vice President
) SS: STATE OF WASHINGTON
COUNTY OF K I N G
On this 6th day of October, 1976, before me, the undersigned, a Notary or the
State of Washington, duly commissioned and sworn, personally appeared Richard J.
Allen, to me known to be the Vice President of Olympus Enterprises, Inc., the
General Partner of Kachess Village Associates, a limited partnership, the
limited partnership that executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said limited
partnership, for the uses and purposes therein mentioned, and on oath stated
that he was authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
Notary Public in and for the State of Washington, residing at Bellevue
EXHIBIT A To KACHESS COMMUNITY DECLARATION OF COVENANTS
THE LEGAL DESCRIPTION OF THE PLAT OF KACHESS
All of Section 17, Township 21 North, Range 13 East, W.M., lying West of the
boundary of the Department of Interior, United States Department of Reclamation,
Yakima Storage Project, Kachess Reservoir as shown by the records of Kittitas
County, Washington, and more particularly described on that certain Plat
prepared by the Department of Interior No. D2A59 attached to Deed recorded April
16, 1917, in Volume 31 of Deeds, pages 306 to 308, of said County and State.
THE LEGAL DESCRIPTION OF KACHESS PLAT II
Replat of all of Tracts A-1. A-2, A-3, B-1, C, D, E, F, G, H, I, 0, and N, of
the Plat of Kachess, as recorded in Volume 6 of Plats, pages 64 through 68,
records of Kittitas County, Washington, said replat recorded in Volume 7 of
Plats, pages 10 through 13, records of Kittitas County. Washington.
EXHIBIT B TO PLAT 0F KACHESS AND PLAT OF KACHESS II
AMMENDED AND REVISED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND NOTICE OF SUBJECTION OF ASSESSMENT OF LIENS
The designated uses of the properties delineated on page 2 of this Exhibit B
are as follows:
A. Single Family Lots:
Plat of Kachess: Lots 1-99
Plat of Kachess II: Lots 1-69 (shaded areas) 168 total
single-family lots
B. Common Area Properties:
Revised Tract B-1, View and Meditation Park
Revised Tract F, Common Parking and Facilities
Revised Tract H, Central Park
Tract J, Mini-Park and Beach Access
Tract K, Mini-Park and Beach Access
Tract L, Beach Access
Tract M, Winter Park
C. Condominium Site (planned)
Revised Tract A-1
D. Commercial Option:
Tract B-2
EXHIBIT C TO KACHESS COMMUNITY DECLARATION OF COVENANTS
(ARTICLE V, SECTION 10 SUPPLEMENT)
COMMON AREAS PHYSICAL DEVELOPMENT PLAN
TRACTS designated on the Plat of Kachess and Kachess Plat II as revised Tract
B-1, revised Tract F, revised Tract H, and Tracts J, K, L, and M are committed
by the Declarant to be deeded to Kachess Community Association, at no land cost;
these TRACTS carry the general designation of "THE COMMONS." Dedication of these
properties to the Association is to be made upon sale and closing of the first
ninety (90) residential lots or on October 1, 1977, whichever first occurs;
provided that the Declarant reserves the right to use the Community Day Lodge
located on Tract II as an administrative and sales office until 160 single
family lots have been sold. In addition to this acreage, the entire waterfront
strip below the meanderline belongs to the U. S. Forest Service and is open to
community use.
The system of a Special Fund for Common Area Development was elected by the
developer and planners in that it is totally responsive to the development
progress of the community, providing funds to match growth and needs. Second, it
permits the membership to control and select its own final improvements and
facilities through its Board of Directors. Third, it freezes these funds against
diversion by the developer for any other purpose. Fourth, it provides for
physical development of .'THE COMMONS" in direct ratio to the sales progress. On
the basis of the Proposed Master Plan funds can be generated for capital
improvements to "THE COMMONS" without special membership assessments or
borrowing.
In 1975 the Declarant constructed a Day Lodge of over 2,400 square feet with
fireplace, comfort stations, offices, kitchenette and verandas at an approximate
capital investment of $70,000. The Day Lodge is located in revised Tract H
("Central Park").
Future improvements will be subject to the decisions of the Board of
Directors of Kachess Community Association as the needs and desires of the
community are ascertained. Capital outlays for future improvements will be
provided by the Special Fund for Common Area Development. Once constructed,
these future improvements will then be maintained, improved, supported and
managed by the monthly assessment of $15.00 per member. That sum is further
augmented by assessments against the commercial interests at Kachess. (SEE
DECLARATION, ARTICLE V, SECTION 3, FOR ASSESSMENT DETAILS.)
EXHIBIT C TO PROPERTY REPORT
ARTICLES OF INCORPORATION OF KACHESS COMMUNITY ASSOCIATION
we, the undersigned natural persons of the age of twenty-one years or more
and citizens of the United States, acting as incorporators of the corporation
under the provisions of the Washington Nonprofit Corporation Act, adopt the
following Articles of Incorporation for such corporation:
ARTICLE I
NAME
The name of the corporation is KACHESS COMMUNITY ASSOCIATION, hereafter
called the "Association".
ARTICLE II
DURATION
The duration of this corporation shall be in perpetuity.
ARTICLE III
PURPOSE AND POWERS OF THIS ASSOCIATION
This Association does not contemplate pecuniary gain or profit to the members
thereof, and is organized for nonprofit purposes, and no part of any net
earnings thereof shall inure to the benefit of any member or other individual.
The specific purposes for which it is formed are to provide for maintenance,
preservation and architectural control of the residence lots, condominium units
and club unit shelter areas, and the development and maintance of the common
areas within that certain tract of property described as Kachess plat as
recorded in Volume 6 of Plats, pages 64 through 68, records of Kittitas County,
Washington, and to promote the health, safety, and welfare of the residents
within the above described property and any additions thereto as may hereafter
be brought within the jurisdiction of this Association for this
purpose to:
(a) exercise all of the powers and privileges and to perform all of the
duties and obligations of the Association as set forth in that certain
declaration of Covenants, Conditions and Restrictions, hereinafter called the
"Declaration", applicable to the property and recorded or to be recorded in
title office of the County Auditor of Kittitas County, Washington as the same
may be amended from time to time as therein provided, said Declaration being
incorporated herein as if fully set forth.
(b) fix, levy, collect and enforce payment by any lawful means, all charges
or assessments pursuant to the terms of the Declaration, to pay all expenses in
connection therewith and all office and other expenses incident to the conduct
of the business o the Association, including all licenses, taxes or governmental
charges levied or imposed against the property of the Association:
(c) acquire (by gift, purchase or otherwise), own, hold, improve, build upon,
operate, maintain, convey, sell, lease, transfer, dedicate for pubIic use or
otherwise dispose of real or personal property in connection with the affairs of
the Association:
(d) borrow money, and with the assent of two-thirds (2/3) of the members
mortgage, pledge, deed in trust, or hypothecate any or all of it's real or
personal property as security for money borrowed or debts incurred;
(e) dedicate, sell, or transfer all or any part of the common area to any
pub]ic agency, authority, or utility for such purposes and subject to such
conditions as may be agreed to by the members. No such dedication or transfer
shall be effective unless an instrument has been signed by two-thirds (2/3) of
the members, agreeing to such dedication, sale or transfer;
(f) participate in mergers and consolidations with other nonprofit
corporations organized for the same purposes or annex additional residential
property and common area, provided that any such merger, consolidation or
annexation shall have the assent of two-thirds (2/3) of the members;
(g) have and to exercise any and all powers, rights and privileges which a
corporation organized under the Non-Profit Corporation Iaw of the State of
Washington by law may now or hereafter have or exercise.
ARTICLE IV
MEMBERSHIP
Every owner of a lot, condominium unit and/or club unit which is subject to
assessment by the Association shall be a member of the Association.
ARTICLE V
VOTING RIGHTS
Each member shall have one (1) vote for each lot, condominium unit or club
unit owned, whether improved or not. When more than one person is an owner of
any lot, condominium unit or club unit, all such owners shall be members. The
vote for each lot, condominium unit or club unit shall be exercised as the
owners, among themselves, for any purpose whatsoever determine, but in no event
shall more than one vote be cast with respect to any lot, condominium unit or
club unit, however, there shall be one vote for each interest in and right to
use a club unit. In the event that the owners of any lot, condominium unit
and/or club unit disagree among themselves as to how the one vote for that lot,
condominium or club unit shall be exercised with respect to a pending matter,
any such person may deliver written notice of such dispute to the president or
secretary of the Association and the vote for that lot, condominium unit or club
unit shall then be disregarded completely with respect to the matter or matters
before the Association at that meeting. The right to vote may not be served or
separated from any lot, condominium unit or club unit and any sale, transfer or
conveyance of said property interest to a new owner or owners shall operate and
transfer the appurtenant vote without the requirement of any express reference
thereto.
ARTICLE VI
BOARD OF DIRECTORS
The affairs of this corporation shall be managed by a board of three (3)
directors, who need not be members of the Association. The number,
qualification, term of office, manner of election, time and place of meetinq and
powers and duties of directors shall be as set forth in tile By-Laws. However,
the directors shall not be less than three (3) nor more than seven (7) in
number. The names of the initial directors who shall manage the affairs of the
corporation for a period of not less than six (6) months nor more than four (4)
years or until the selection of their successors are:
Clinton W. Morrow
4331 Lake Washington Boulevard
N.E., Apt. 7212
Kirkland, Washington 98033
A. Alan Hoelting
9421 Lake Washington Boulevard N.E.
Bellevue, Washington 98004
Beverly (n) Knapp
19323 24th Avenue West
Lynnwood, Washington 98036
ARTICLE VII
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed
by not less than two-thirds (2/3) of the members entitled to vote. Upon
dissolution of the Association, other than incident to a merger or
consolidation, the assets of the Association shall be dedicated to an
appropriate public agency to be used for the purposes similar to those for which
this Association was created. In the event that such dedication is refused
acceptance, such assets shall be granted, conveyed and assigned to any non
profit corporation, association, trust or other organization to be devoted to
such similar purposes.
ARTICLE VIII
AMENDMENTS
The Association reserves the right to amend, alter, change or repeal any
provision contained in these Articles in the manner now or hereafter prescribed
by law.
ARTICLE IX
REGISTERED OFFICE AND AGENT
The registered agent and office of the corporation shall be Clinton W.
Morrow, 1621 - 114th Avenue SE, Suite 215, Bellevue, Washington 98004.
ARTICLE X
AMENDMENTS TO BY-LAWS
Authority to make, alter, amend or repeal By-Laws is vested in the Board of
directors and may be exercised at any regular or special meeting of the Board of
Directors.
ARTICLE XI
INCORPORATION
The name and address of the incorporator of the Association is Clinton W.
Morrow, 4331 Lake Washington Boulevard N.E., Apt. 7212, Kirkland, Washinqton
98033.
IN WITNESS WHEREOF, for the purposes of forming this corporation under the
laws of the State of Washington, the undersigned, being the incorporator of this
Association, has executed these Articles of Incorporation this 22 day of April,
1975.
STATE OF WASHINGTON)
COUNTY OF KING)
On this day, before me the undersigned, a Notary Public in and for the State
of Washington, personally appeared CLINTON W. MORROW, to me known to be the
individual who signed the within and foregoing Articles of Incorporation and
acknowledged that he signed the same of his free and voluntary act and deed, for
the uses and purposes therein mentioned.
GIVEN UNDER MY HAND and official seal this 22 day of April, 1975.
NOTARY PUBLIC in and for State of Washington, residing at Seattle
EXHIBIT D TO PROPERTY REPORT
AMENDED AND REVISED BY-LAWS OF KACHESS COMMUNITY ASSOCIATION
THESE AMENDED BY-LAWS OF KACHESS COMMUNITY ASSOCIATION are adopted on the
date hereinafter set forth by KACHESS COMMUNITY ASSOCIATION, a Washington
corporation.
WITNESSETH:
WHEREAS: The KACHESS COMMUNITY ASSOCIATION adopted its By-Laws at the meeting
of the Board of said Association held on May 1, 1975: and
WHEREAS: On October 7 , 1976 the Kachess Plat II was recorded in Volume 7 of
Plats, pages 10 through 13 , records of Kittitas County, which said Plat
replatted certain lots of the Plat of Kachess; and
WHEREAS: As a result of Kachess Plat II, the Board of Directors desires to
amend and revise the By-Laws adopted on May 1, 1975; and
WHEREAS: The provisions of Article 20 of said By-Laws have been complied
with,
NOW, THEREFORE,
The Directors of the KACHESS COMMUNITY ASSOCIATION hereby adopt the following
AMENDED AND REVISED BY-LAWS OF KACHESS COMMUNITY ASSOCIATION:
ARTICLE 1
NAME AND LOCATION
The name of the corporation is Kachess Community Association, hereinafter
referred to as "Association." The principal office of the Association shall be
located at 2333 Third Avenue, Seattle, Washington 99111, but meetings of the
Directors and the members may be held at such places within the State of
Washington, county of King or County of Kittitas, as may be designated by the
Board of Directors.
ARTICLE 2
DEFINITIONS
2.1 "Association" shall mean and refer to Kachess Community Association, a
non-profit corporation, organized under the laws of the State of Washington, its
successors, and assigns, organized and established to care for the common
facilities necessary to maintain and preserve the parkways, greenbelts,
utilities, and other common properties necessary for the convenient enjoyment
and preservation of Kachess Community and to promote the health, safety, and
welfare of the residents of Kachess Community.
2.2 "Declarant" shall mean Kachess Village Associates, a Limited Partnership,
organized under the laws of the State of Washington and any assigns engaged in
land development or activities which are the same as or similar to those of
Kachess Village Associates.
2.3 "Owner" shall mean and refer to the record owner whether one or more
persons or entities, of a fee simple title to any lot and/or condominium unit
which is a part of the property, and contract purchasers, excluding those having
such interest merely as a security for performance of an obligation and contract
sellers. Owners shall also include any person or persons or entities holding a
leasehold interest of over one year in any lot and/or condominium unit.
2.4 "Properties and Property" shall mean and refer to that certain real
property described in Exhibit "A" and such additions thereto as may hereafter be
brought within the jurisdiction of the Association.
2.5 "Common area" shall mean any and all real property owned by the
Association for the common use and enjoyment of the owners including community
facilities, parks, roadways (other than any streets or other areas dedicated to
public use), walkways, greenbelts, reserve areas and assigned recreational
facilities. The common areas to be owned by the Association at the time of
conveyance of the first properties are described in Exhibit "B" which is
attached hereto and incorporated herein by reference and by this reference made
a part hereof as if fully set forth.
2.6 "Lot" shall mean and refer to any plot of land shown upon the recorded
Plat of Kachess and Plat of Kachess II, recorded with file County Auditor of
Kittitas County, Washington, and any additions thereto as may be hereinafter
brought within the jurisdiction of the Association, excluding the common area.
2.7 "Condominium unit" or "unit" shall mean and refer to any unit within a
condominium as shown upon the plats a of Kachess recorded with the County
Auditor and any additions thereto as may be hereinafter brought within the
jurisdiction of the Association, excluding the common area.
2.8 "Member" shall mean any person or entity holding membership in the
Association.
2.9 "Development period" shall mean that period Declarant needs to sell 90
single-family lots and/or condominium units in Kachess, or any shorter period as
determined by Declarant, but no longer than that ending April 23, 1979.
2.10 "Articles" shall mean and refer to the Articles of Incorporation of the
Association.
2.11 "Declarations" shall mean and refer to the Amended and Revised
Declaration of Covenants, Conditions and Restrictions and Notice of Subjection
of Assessment of Liens of Kachess Community Association, and any amendments or
revisions thereto applicable to the property recorded in the office of the
County Auditor of Kittitas County, Washington.
ARTICLE 3
MEMBERS AND VOTING RIGHTS
3.1 MEMBERSHIP. Every owner of a lot and/or condominium unit which is subject
to assessment by the Association shall be a member of the Association.
3.2 VOTING RIGHTS. Members shall have one (1) vote for each lot or
condominium unit owned, whether improved or not. When more than one person is an
owner of any lot or condominium unit, all such owners shall be members. The vote
for each lot or condominium unit shall be exercised as the owners, among
themselves, for any purpose whatsoever determine, but in no event shall more
than one vote be cast with respect to any lot or condominium unit. In the event
that the owners of any lot and/or condominium unit disagree among themselves as
to how the one vote for the lot or condominium unit shall be exercised with
respect to a pending matter, any such person may deliver written notice of such
dispute to the president or secretary of the Association, and the vote for that
lot or condominium unit shall then be disregarded completely with respect to the
matter or matters before the Association at that meeting. The right to vote may
not be severed or separated from any lot or condominium unit and any sale,
transfer, or conveyance of said property interest to a new owner or owners shall
operate and transfer the appurtenant vote without the requirement of any express
reference thereto.
ARTICLE 4
CERTIFICATE of MEMBERSHIP
Certificates of membership in this Association shall be issued to each
member. When issued, the certificates shall be numbered and the respective
members' names shall be entered in the membership register of this Association
as the certificates are issued. The certificates shall exhibit members' names
and shall be signed by the president and/or the secretary of the Association.
ARTICLE 5
OWNERSHIP
No member shall have any right, title, or interest in or to the whole or any
part of the property or assets of the Association and no member shall be
entitled to either the whole or any part thereof in the event of termination of
his membership in the Association.
ARTICLE 6
MEETING OF MEMBERS
6.1 ANNUAL MEETING. The annual meeting of the members shall be held the third
Saturday of April of each year at two o'clock p.m. for the purpose of electing
Directors and transacting such other business as may come before the meeting. If
the election of Directors is not held on the date designated for the annual
meeting of the members or any adjournment thereof, the election shall be held at
a special meeting of the members as soon thereafter as is practicable.
6.2 SPECIAL MEETINGS. The president or the Board of Directors may call a
special meeting of the members for any purpose. A special meeting of the members
may also be called by members having at least one-thirtieth (1/30) of the total
ownership interest in the lots and/or condominium units, and in the event such
is the case, it shall be the duty of the secretary, upon request in writing by
such members, to call such a meeting of the membership, to be held at such time
and place as the secretary may fix, not less than ten (10) days nor more than
fifty (50) days after receipt of such request, and if the secretary shall
neglect or refuse to issue such call within five (5) days of such receipt, the
members making the request may issue the call, specifying therein the time and
place of the meeting.
6.3 PLACE OF MEETINGS. All meetings shall be held at the principal office of
the Association or such other place within King or Kittitas Counties, State of
Washington, designated by the Board of Directors.
6.4 NOTICE OF MEETINGS. Written or printed notice stating the date, place,
and hour of the meetings, and in the case of special meetings, the purpose or
purposes for which the meeting is called, shall be delivered not less than ten
(10) nor more than fifty (50) days before the date of the meeting, either
personally or by mail, by or at the direction of the president or secretary or
the members calling the meeting, to each member entitled to vote at such
meeting. If mailed, such notice shall deem to be delivered when deposited in the
United States Mail addressed to the member at his address as it appears in the
records of this Association with postage thereon prepaid.
6.5 QUORUM. Members holding twenty percent (20%) of the votes entitled to be
cast at any meeting, represented in person or by proxy, shall constitute a
quorum at the members' meeting. The vote of a majority of the votes entitled to
be cast by the members present and represented by proxy at a meeting at which a
quorum is present shall be necessary for the adoption of any matter voted upon
by the members except as otherwise stated in the Declaration or Articles. The
members present at a duly organized meeting may continue to transact business
until adjournment, notwithstanding the withdrawal of enough members to leave
less than a quorum. If the required quorum is not present, another meeting may
be called subject to the same notice requirements and the required quorum at the
subsequent meetinq shall be one-half (1/2) of the required quorum at the
preceding meeting. No subsequent meetings shall be held more than sixty (60)
days following the preceding meeting.
6.6 PROXIES. At all members' meetings, a member may vote by proxy, executed
in writing by the member or by his attorney in fact. Such proxies shall be filed
with the secretary of the Association before or at the time of the meeting.
Unless otherwise provided in the proxy, a proxy shall be invalid after eleven
(11) months from the date of its execution.
6.7 SUSPENSION. The Association, through its Board of Directors, has the
right to suspend voting rights and rights to the use of common areas and
recreational facilities by any owner of a lot and/or condominium unit for a
period during which an assessment against his lot or condominium unit remains
unpaid and for a period not to exceed thirty (30) days for any infraction of the
Association's published rules and regulations.
ARTICLE 7
BOARD OF DIRECTORS
7.1 POWERS AND QUALIFICATIONS. The affairs of the Association shall be
managed by a Board of Directors who need not be members of the Association.
7.2 NUMBER. The number of Directors of the Association shall be not less than
three (3) nor more than seven (7) in number. Upon the completion of the
development period, the number of Directors shall be increased to five (5); upon
the completion of the sale of at least eighty-five percent (85%) of both the
lots and condominium units, if any, the number shall be increased to seven (7).
Upon increasing the Board of Directors to five (5) or more, the Board shall be
divided into three classes: the first class to serve a term of one year, the
second to serve a term of two years, and the third to serve a term of three
years thereafter. Each such Director shall hold office for the term for which he
is elected until his successor shall have been elected and qualified.
7.3 ELECTION AND TERM. The initial Board of Directors shall serve for a
period of not less than six (6) months nor more than four years or until the
election of their successors. However, the initial Board shall not be replaced
by the members until after the development period unless the initial Board
consents thereto. Following the development period, the members shall elect two
Directors to serve a term of three years, two Directors to serve a term of two
years, and one Director to serve a term of one year or until his or their
respective successors are elected and qualified. When the Board of Directors is
increased to seven, the position for which a Director was elected for one year
shall then be changed and three Directors shall be elected so that all Directors
shall have a term of office for three years and their terms shall be staggered
to provide as nearly as possible, for the election of one-third of the Board of
Directors to occur each year. At the expiration of any term of three years, a
Director may not be re-elected for at least one year after expiration of the
three year term.
7.4 VACANCY. The Board of Directors shall have the power to fill by
appointment any vacancy occuring in the Board and any directorship to be filled
by any reason of any increase in the number of Directors as a result of
amendment of these By-Laws. A Director appointed to fill a vacancy shall be
appointed for the unexpired term of his or her predecessor in office. Any
Director appointed by the Board shall stand for election for the remainder of
the specified term for such position at the next annual membership meting.
7.5 REMOVAL. Any Director may he removed from the Board, with or without
cause, by a majority vote of the members of the Association after the
development period.
7.6 COMPENSATION. No Director shall receive compensation for any service he
may render to the Association as Director. However, any Director may be
reimbursed for his actual expenses incurred in the performance of his duties as
Director.
ARTICLE 8
MEETINGS OF BOARD OF DIRECTORS
8.1 ANNUAL MEETINGS. The annual meeting of the Board of Directors shall be
held immediately after the annual membership meeting. Said meeting shall be held
at the same place as the membership meeting unless some other place shall be
specified by resolution of the membership at such meeting.
8.2 SPECIAL MEETINGS. Special meetings of the Board of Directors may be held
at any place, at any time, within King or Kittitas Counties, whenever called by
the president or secretary or any two or more Directors of the three-person
Board, or by any three members of the five-person Board, or by any four members
of the seven-person Board.
8.3 QUARTERLY MEETINGS. Regular meetings of the Board of Directors shall be
held at least quarterly, without notice, at such place, date, and hour as may he
fixed from time to time by resolution of the Board of Directors.
8.4 NOTICE OF MEETINGS. No notice of annual meetings or of quarterly meetings
of the Board of Directors shall be required. Notice of the time and place of any
special meeting shall be given by the secretary or by the person or persons
calling the meeting by mail, telegram, or by personal communication over the
telephone or otherwise, at least three (3) days prior to the date on which the
meeting is to be held. Attendance of a Director at any meeting shall constitute
a waiver of notice of such meeting, except when a Director attends the meeting
for the purpose of objecting to the transaction of any business because the
meeting is not lawfully called or convened. Neither the business to be
transacted nor the purpose of any meeting of the Board of Directors need be
specified in the notice, or any waiver of notice of any special meeting.
8.5 QUORUM. A majority of the Board of Directors shall constitute a quorum
for the transaction of business. The act of a majority of the Directors present
at a meeting in which a quorum is present shall be the act of the Board of
Directors. At any meeting of the Board of Directors at which a quorum is
present, any business may be transacted and the Board may exercise all of its
powers.
ARTICLE 9
ACTION BY WRITTEN CONSENT
Any action required or permitted by the Articles of Incorporation, the
By-Laws, the Declaration, or under the laws of the State of Washington, to be
taken at a meeting of the Board of Directors of the Association may be taken
without a meeting if consent in writing, setting forth the action so taken,
shall be signed by all of the Board of Directors entitled to vote with respect
to the subject matter thereof. Such consent shall have the same force and effect
as a unanimous vote and may be described as such.
ARTICLE 10
WAIVER OF NOTICE
Whenever any notice is required to be given to any Director of the
Association by the Articles of Incorporation, By-Laws or Declaration or by the
laws of the State of Washington, a waiver thereof, in writing signed by the
person or persons entitled to such notice, either before or after the time
stated therein, shall be equivalent to giving of such notice.
ARTICLE 11
NOMINATION AND ELECTION OF DIRECTORS
11.1 NOMINATION. Nomination for election to the Board of Directors shall be
made by a nominating committee. Nominations may also be made from the floor at
the annual meeting. The nominating committee shall consist of a Chairman, who
shall be a member of the Board of Directors, and two or more members of the
Association. The nominating committee shall be appointed by the Board of
Directors prior to each annual meeting of the members to serve from the close of
such annual meeting until the close of the next annual meeting and, such
appointment shall be announced at each annual meeting. The nominating committee
shall make as many nominations for election to the Board of Directors as it
shall in its discretion determine, but not less than the number of vacancies
that are to be filled. Such nominations may be made from among members or
non-members.
11.2 ELECTION. Election to the Board of Directors shall be by secret
written ballot. At such election the members or their proxies may cast, in
respect to each vacancy, as many votes as they are entitled to exercise under
the provisions of the Declaration. The persons receiving the largest number of
votes shall be elected. Cumulative voting is not permitted.
ARTICLE 12
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
12.1 The Board of Directors shall have the powers and duties necessary for
the administration of the affairs thereof consistent with the purposes and
objects set forth in the Articles of Incorporation, Declaration, and By-Laws,
and pursuant to the laws of the State of Washington. Without prejudice to the
generality of the foregoing, the Board of Directors shall have the power and
duty:
12.1.1 To adopt and publish rules and regulations consistent with the
Articles of Incorporation, Declaration, and By-Laws, governing the use of the
common area and properties, and the personal conduct of the members and their
guests thereon, and to establish penalties for the infraction thereof.
12.1.2 To exercise for the Association all powers, duties, and authority
vested in or delegated to this Association not reserved to the membership by
other provisions of these By-Laws, the Articles of Incorporation, or the
Declaration.
12.1.3 To declare the office of a member of the Board of Directors to be
vacant in the event such member shall be absent from three (3) consecutive
regular meetings of the Board of Directors.
12.1.4 To employ and remove at pleasure all officers, agents, employees,
independent contractors, or such other persons as they deem necessary, prescribe
their duties and fix their compensation.
12.1.5 To cause to be kept a complete record of all its acts and corporate
affairs and to present a statement thereof to the members at the annual meeting
of the members or at any special meeting thereof.
12.1.6 To supervise all officers, agents, and employees of this Association,
and to see that their duties are properly performed.
12.1.7 As more fully provided in the Declaration, to set the annual budget
and allocate the assessment rate, provided, however, the assessment rate is
subject to all terms and conditions of the Declaration.
12.1.9 To procure and maintain adequate liability insurance and to procure
adequate hazard insurance on property owned by the Association.
12.1.9 To cause all officers or employees having fiscal responsibilities to
be bonded, as it may deem appropriate.
12.1.10 To cause the common area and any furniture, fixture, and mechanical
equipment thereof to be administered, maintained, repaired, rebuilt, or replaced
in accordance and consistent with all applicable laws, ordinances, rules, and
regulations now or hereafter made by any governmental authority, and with the
provisions of the Articles of Incorporation of the Association, the Declaration,
and these By-Laws.
12.1.11 To make such expenditures as the Board deems expedient; provided,
however, that the members of the Association, by resolution adopted by a
two-thirds (2/3) vote at any meeting of the members, may restrict the amount of
expenditures which can be made by the Board without prior approval of the
members. The Board of Directors shall not have power to borrow money on behalf
of the Association in excess of ten percent (10%) of the asset value of the
Association unless authorized by a majority vote of the members of the
Association at a meeting of the members.
12.1.12 To acquire by conveyance, contract, lease, or otherwise, property and
rights of occupancy of property for the common benefit of the property of the
members of the Association; to improve said property by the erection of
structures and facilities; to rent the same to members of the Association, all
upon such terms and subject to such rules and regulations as the Directors may
determine.
12.1.13 In the name of the Association, to enforce and foreclose the lien of
assessments of the Association as may be necessary for collection thereof.
12.1.14 To designate representatives to serve on the Architectural Control
Committee and to enforce the provisions of restrictive covenants and
declarations pertaining to the lands served by this Association, by the
institution of litigation, or otherwise.
12.1.15 The Board of Directors may appoint a business manager who may
exercise the authority of the Board between formal meetings of the Board,
provided that all such authority so exercised shall be reported to the next
meeting of the Board and submitted for approval by the Board; failing such
approval, such actions of the business manager shall not be effective after the
meeting of the Board of Directors at which considered except to the extent that
formal continuing undertakings may have been made on behalf of the Association.
12.1.16 The Board of Directors shall not make political or charitable
donations of the Association funds or property.
12.1.17 The Board of Directors is not authorized to adopt or enforce
discriminatory rules or regulations or restrictions as between owners of
condominium units or lots, nor to take any such discriminatory action based on
race, religion, national origin, or sex.
12.1.18 The Board of Directors upon conveyance of the common area to the
Association shall develop such common area substantially in conformance with the
plan attached to Declaration as Exhibit C thereto, and shall maintain a Common
Area Development Account to receive all monies deposited for common area
development by the Declarant or the owner of a hotel, motel, or similar facility
pursuant to Article V, Section 10 of the Declaration. The money shall be used by
the Association exclusively for the development of the common areas. The Board
of Directors shall keep a separate account for receipt of the monthly assessment
from the members to be used as set forth in the Declaration and Articles of
Incorporation.
ARTICLE 13
COMMITTEES
The Board of Directors may create committees, by resolution or resolutions
passed by a majority of the Board, which to the extent provided in said
resolution or resolutions or in other provisions of these By-Laws, shall have
and may exercise the powers of the Board of Directors, or may perform advisory
services as designated, regarding the management of the business and affairs of
the Association. Such committees shall have names as may be determined from time
to time by resolution adopted by the Board of Directors, including but not
limited to the following management areas: Budget & Finance;
Building & Improvements; Landscaping & Grounds; Road & Utilities Maintenance;
Parks, Beaches & Traditional Events; Security & Transportation; Retail &
Commercial Liaison; Insurance & Accounting; Legal & By-Laws; Regulations &
Enforcement; Annual & Special Meetings; Personnel & Administration; Community &
County Relations; State & Federal Regulations.
ARTICLE 14
OFFICERS AND THEIR DUTIES
14.1 PRESIDENT. The president shall be the principle executive officer of the
Association and, subject to the Board's control, shall supervise and control all
of the business and affairs of the Association. When present, he shall preside
over all members' meetings and over all Board meetings. With the secretary or
other officer of the Association authorized by the Board, he may sign deeds,
mortgages, bonds, contracts, or other instruments that the Board has authorized
to be executed, except when the signing and execution thereof has been expressly
delegated by the Board or by these By-Laws to some other officer or agent of the
Association or is required by law to be otherwise signed or executed by some
other officer or in some other manner. In general, he shall perform all
duties incident to the office of president and find such other duties as may be
prescribed by the Board from time to time.
14.2 VICE PRESIDENT. In the absence of the president or in the event of his
death, inability, or refusal to act, the vice president shall perform the duties
of the president, and when so acting, shall have all the powers of and be
subject to all the restrictions upon the president. The vice president shall
perform such duties as from time to time may be assigned to him by the President
or by the Board.
14.3 SECRETARY. The secretary shall: (a) keep the minutes of the members' and
Board meetings in one or more books provided for this purpose; (b) see that all
notices are duly given in accordance with the provisions of these By-Laws or as
required by law; (c) be custodian of the Association records and of the seal of
the Association and see that the seal of the Association is affixed to all
documents, the execution of which on behalf of the Association under its seal is
duly authorized; (d) keep a register of the post office address of each member
as furnished to the secretary by each member; (e) and in general perform all
duties incident to the office of secretary and such other duties as from time to
time may be assigned to him by the president or by the Board.
14.4 TREASURER. If required by the Board, the treasurer shall give a bond for
the faithful discharge of his duties in such sum and with such surety or
sureties as the Board shall determine. He shall have charge and custody of and
be responsible for all funds and securities of the Association; receive and give
receipts for monies due and payable to the Association from any source
whatsoever, and deposit all such monies in the name of the Association in such
banks, trust companies, or other repositories as shall be selected in accordance
with the provisions of these By-Laws; prepare an annual budget and statement of
income and expenditures to be presented to the members at its regular annual
meeting: and in general perform all of the duties incident to the office of
treasurer and such other duties as from time to time may be assigned to him by
the president or by the Board.
l4.5 SALARIES. The salaries of the officers shall be fixed from time to time
by the Board, and no officer shall be prevented from receiving such salary by
reason of the fact that he is also a member of the Association.
ARTICLE 15
LOANS PROHIBITED
No loans shall be made by the Association to any officer or to the Board of
Directors.
ARTICLE 16
CONTRACTS, CHECKS, AND DEPOSITS
16.1 CONTRACTS. The Board may authorize any officer or officers, agent or
agents, to enter into any contract or execute and deliver any instrument in the
name of and on behalf of the Association, and such authority may be general or
confined to specific instances.
16.2 CHECKS, DRAFTS, ETC. All checks, drafts, or other orders for the payment
of money, notes, or other evidences of indebtedness issued in the name of the
Association, shall be signed by such officer or officers, agent or agents, of
the Association and in such manner as is from time to time determined by the
Board.
16.3 DEPOSITS. All funds of the Association not otherwise employed shall be
deposited from time to time to the credit of the Association in such banks,
trust companies, or other depositories as the Board may select.
ARTICLE 17
FISCAL YEAR
The fiscal year of the Association shall end August 31st.
ARTICLE 19
SEAL
The seal of this Association, if the Board of Directors determines a seal is
necessary, shall consist of the name of the Association, the state of its
incorporation, and the year of its incorporation.
ARTICLE 19
INDEMNIFICATION
To the full extent permitted by law, the Association shall indemnify any
person who was or is a party or is threatened to be made a party to any civil,
criminal, administrative, or investigative action, suit, or proceeding (whether
brought by or in the right of the Association or otherwise) by reason of the
fact that he is or was a Director or officer of the Association, or is or was
serving at the request of the Association as a Director or officer of another
association, against expenses (including attorneys' fees), judgments, fines, and
amounts paid in settlement actually and reasonably incurred by him in connection
with such action, suit, or proceeding, and the Board may, at any time, approve
indemnification of any other person which the Association has the power to
indemnify under the law. The indemnification provided by this section shall not
be deemed exclusive of any other rights to which a person may be entitled as a
matter of law or by contract.
ARTICLE 20
AMENDMENTS
These By-Laws may be altered, amended, or repealed, and new By-Laws may be
adopted by the Board at any regular or special meeting of the Board provided
there has been at least ten (10) days' notice of the meeting, which notice shall
include the proposed amendment to the By-Laws.
ARTICLE 21
BOOKS AND RECORDS
The Association shall keep current and complete books and records of account
and shall have at least an annual audit, and shall keep minutes of the
proceedings of its Board and the committees having any authority of the Board.
ARTICLE 22
ARCHITECTURAL CONTROL COMMITTEE
The Association shall appoint an Architectural Control Committee as provided
in the Declaration.
ARTICLE 23
RULES AND REGULATIONS
23.1 ADOPTION. The Board of Directors may, from time to time, and subject to
the provisions of the Declaration, Articles of Incorporation, and these By-Laws,
adopt, amend, and repeal rules and regulations in order to preserve the benefit
of Kachess for all owners, their families, invitees, licensees and lessees, and
for guests.
23.2 PROMULGATION. The secretary shall mail a true and correct copy of all
rules and regulations, or amendments thereto, to each member of the Association
as appears on the membership roll of the Association at his last known address,
and shall enter upon the records of the corporation his certificate of such
mailing.
23.3 EFFECTIVE DATE. Any such rule or regulation or amendment thereto,
adopted by the Board of Directors shall be effective commencing at 12:O1 a.m. on
the fifth (5th) day following the date of such mailing, unless the Board of
Directors in adopting the name, shall specify some other effective date.
ARTICLE 24
RULE OF PROCEDURE
The rules of procedure at the meeting of the Board of Directors of the
Association shall be rules contained in Roberts' Rules of Order of Parliamentary
Procedure, as amended, so far as applicable and when not inconsistent with these
By-Laws, the Articles of Incorporation, or with any resolution of the Board of
Directors.
ARTICLE 25
CONFLICTS
In case of any conflict between the Articles of Incorporation and these
By-Laws, the Articles shall control. In the case of any conflict between the
Declaration and these By-Laws and the Articles, the Declaration shall control.
CERTIFICATE OF ADOPTION
The undersigned, being the Board of Directors of KACHESS COMMUNITY
ASSOCIATION, hereby certify that the foregoing are the Amended and Revised
By-Laws adopted at the meeting of the Board of said Association held on the 8th
day of October, 1976.
EXHIBIT A TO AMENDED AND REVISED BY-LAWS OF KACHESS COMMUNITY ASSOCIATION
THE LEGAL DESCRIPTION OF THE PLAT OF KACHESS
All of Section 17, Township 21 North, Range 13 East, W.N., lying West of the
boundary of the Department of Interior, United States Department of Reclamation,
Yakima Storage Project, Kachess Reservoir as shown by the records of Kittitas
County, Washington, and more particularly described on that certain Plat
prepared by the Department of Interior No. D2A59 attached to Deed recorded April
16, 1917, in Volume 31 of Deeds. pages 306 to 306, of said County and State.
THE LEGAL DESCRIPTION OF KACHESS PLAT II
Replat of all of Tracts A-1, A-2, A-3, B-1, C, D, E, F, G, H, I, 0, and N, of
the Plat of Kachess, as recorded in Volume 6 of Plats, pages 64 through 68,
records of Kittitas County, Washington, said replat recorded in Volume 7 of
Plats, pages 10 through 13 records of Kittitas County, Washington.
EXHIBIT B TO AMENDED AND REVISED BY-LAWS OF KACHESS COMMUNITY ASSOCIATION
The designated uses of the properties delineated on page 2 of this exhibit B
are as follows:
A. Single Family Lots:
Plat of Kachess: Lots l-99
Plat of Kachess II: Lots 1-69 (shaded areas)
168 total single-family lots
B. Common Area Properties:
Revised Tract 5-1, View and Meditation Park
Revised Tract F, Common Parking and Facilities
Revised Tract U, Central Park
Tract J, Mini-Park and Beach Access
Tract K, Mini-Park and Beach Access
Tract L, Beach Access
Tract N, Winter Park
C. Condominium Site (planned)
Revised Tract A-l
D. Commercial Option:
Tract 5-2
EXHIBIT E TO PROPERTY REPORT
KACHESS COMMUNITY ASSOCIATION ARCHITECTURAL CONTROL COMMITTEE RULES
An Architectural Control Committee, (hereinafter "Committee") is provided for
under the Declaration of Covenants and Restrictions and Notice of Subjection of
Assessment of Liens (hereinafter "Declaration"), Articles of Incorporation and
By-Laws, consisting of three members, to maintain the general concept of the
village planners.
Recognizing that general criteria will change in the dynamics of methods of
construction, architectural concepts, changes in building materials and life
styles, the following are a number of considerations that serve as guidelines
for owners (in their purpose and development decisions) and for architects and
designers (in their detailed planning):
PHILOSOPHY
-
To insure sensitive architectural design siting and aesthetics of
residences, apartments, common facilities and commercial or service
structures, and improvements.
-
To assist each individual property owner in realizing the full
architectural potential of his site.
-
To assure maximum retention of existing ecological balance while promoting
design aesthetics in harmony with this ecological set.
-
To prevent indiscriminate construction that would adversely affect
adjoining property values and the general quality of life in Kachess
Community.
PROCEDURAL
-
All structures (including additions, exterior remodeling, repainting.
fencing, etc.) must be first approved by the Committee (as specified in the
covenants and restrictions of the Declaration).
-
It is recommended that all plans be prepared by an architect or other
qualified design service.
-
The plans are to be submitted in duplicate to the Committee in care of The
Morrow Corporation, 1621 - 114th Avenue S.E., Suite 215, Bellevue, Washington
99004 (or at such address as my later be substituted), prior to the first
business day of each month. The Committee will meet during the first week of
each month and approve or disapprove plans, in writing, prior to the 15th day
of that month. A filing fee of Thirty Dollars ($30.00) payable to Kachess
Community Association must be enclosed with the initial submission. No
additional fee will be necessary should subsequent submissions be required (as
to each building site). This fee is considered earned whether the plans
submitted are approved or disapproved and is intended to partially cover the
inspection, clerical and time costs of the Committee.
-
Building documents required by the Committee for their action should
include:
-
Site plan at a scale of 1/8" - l' (or other appropriate scale) showing:
-
Existing lot conditions including tree locations, species and trunk
diameters at waist level;
- General soil conditions and geological features;
- Topography, to 2' contour;
- Natural drainage areas and water courses;
- Evidence of existing animal patterns;
- General location of structure on adjoining properties
-
Proposed siting of structures at 1/8" - l' (or other scale) showing:
- Ingress and egress locations;
- Locations of planned structures;
- Final topography to minimum 2 foot contours;
- Future outdoor lighting, fencing and landscaping plan;
- Proposed screening of vehicles, garbage and trash areas, clothes lines
and outdoor permissible lighting;
- Locations of all proposed utility installations;
- Designations of all trees over 6" in diameter at waist level proposed
to be removed;
- Legal description; north arrow for orientation; direction of views.
-
All Floor Plans at 1/4" - 1' (or other appropriate scale) with sufficient
elevations and building sections to show methods of construction; selected
building materials are to be detailed; specifications relating to performance
standards and quality of proposed structures, exterior finishing details and
color are to be included.
-
Because of topographical variety and lot sizes, set back requirements are
not fixed except if any are required by the County. The Committee will
determine the set back for each property. Control of orientation and location
of structures on sites is intended to assure that all structures are as
compatible as possible with their natural surroundings and with each other.
-
Two story structures will be approved only on sites where they will not
impair the primary view from adjacent sites; views from all building sites
will be safeguarded to the extent reasonably possible.
-
Except when prevented by unusual topography, all garages and carports
should be visually attached to the primary structure. Carports must be
enclosed on not less than two sides. Any exterior parking area must be
enclosed on not less than two sides by a five (5) foot fence or planted berm
or retaining wall.
-
The use of stains in lieu of paints is encouraged. No reflective finishes
(other than glass) shall be used on exterior surfaces. Fences, screens, and
similar exterior structures shall be constructed solely of wood. Exterior
lighting is closely controlled.
-
Rather than impose arbitrary size, dollar value or square footage minimum
standards, the Committee will apply rules of compatibility of the structure to
its site and to its neighbors. In general, the improvements should represent
an investment of at least triple the value of the lot at the time of
construction. Should there be doubt concerning the acceptability, submission
of tentative plans for tentative approval before proceeding is recommended.
- All plans shall comply with the Declaration and all applicable laws.
COMMITTEE RESPONSIBILITY
The Committee in no way shall confirm or guarantee any assumed geological
condition, safety or structural standards, or construction methods. It shall
concern itself only with general aesthetics, general planning, view
preservations to the degree possible, and to compatibility factors. The
Committee shall in good faith exercise discretionary approval or disapproval, on
the basis of minimizing interference with enjoyment of adjacent properties,
protecting property values, and of enforcing an improvement use and occupancy in
a pleasing but not sterile or uniform combination.
APPLICATION AND ENFORCEMENT
On or before the 15th day of each month, the Committee by a majority vote and
in writing may approve or disapprove or may conditionally approve, plans and
specifications submitted prior to the first business day of that month. If such
plans and specifications be so disapproved (or if conditionally approved and
then unless the conditions thereof be complied with) the proposed construction
shall not be undertaken.
If construction is undertaken in violation thereof, it may be abated by legal
proceedings instituted by any party having any interest.
Clearing, excavation or construction undertaken without submission of
details, plans and specifications to the Committee, shall be subject to legal
action irrespective of the time of completion.
In the event of violation hereof, any Kachess property owner, or the Kachess
Community Association, may institute proceedings for abatement or injunction or
for damages and reasonable costs including attorneys fees or costs of any such
action in any court having jurisdiction. Each owner and the community
Association are recognized to have a proper interest in the matter herein
provided for, and the matters provided for herein are recognized as specifically
enforceable.
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