DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD OF IntroductionLOUELLA HEIGHTS
Article I - Definitions
Article II - Property Rights
Article III - Membership
Article IV - Voting in Owners Association
Article V - Assessments
Article VI - Reserves
Article VII - Duration of Covenants, Reservations and Restrictions
Article VIII - Covenants and Restrictions to Run with Land
Article IX - Amendment
Article X - Violation – Enforcement
Article XI - Attorney FeesARTICLE I Definitions
Section 1. "Assessments" shall be deemed to be charges levied by the Association on an annual basis, although collected by the month, quarterly, or semi-annually, against each and every lot, tract, or parcel within the above described real property, irrespective of multiple ownership and to be used to defray costs of installation, acquisition, or maintenance of common facilities and improvements, and the operation and maintenance thereof including reserves for depreciation, replacement and obsolescence.
Section 2. "Association" shall mean and refer to Louella Heights Owner’s Association, a Washington Corporation, organized pursuant to the Washington Non-Profit Corporation Act (RCW 24.03)
Section 3. "Board" shall mean and refer to the Board of Directors of the Association.
Section 4. "Common Areas" shall mean all real property owned by the association for the common use and enjoyment of the owners. The common areas shall be the roadway and utility easements and areas designated for drainfields as shown on the recorded surveys and short plats of any of the property, which are filed herewith or hereafter filed by any of the Declarants.
Section 5. "Corporate Action" means and refers to a corporation resolution of the association in the form of either a bylaw or a resolution passed by either the board of directors or the association or its members.
Section 6. "Declaration" shall mean and refer to this instrument.
Section 7. "Lot" shall mean and refer to any plot of land shown upon any recorded survey, short plat or subdivision map of the properties with the exception of the common area.
Section 8. "Members" shall mean and refer to every person or entity who holds a membership alone or in co-ownership in the Association. The membership shall be inseparably appurtenant to each lot.
Section 9. "Owner" shall mean and refer to the record owner, whether one or more persons or entities of a fee simple title to any lot, including contract purchasers and/or seller in accordance with the provisions hereof and the Bylaws of the association, but excluding those having such interest merely as security for the performance of an obligation.
Section 10, "Plats" shall mean any survey, short plat or other subdivision filed for record by the Declarants and as recorded in the records of Clallam County, Washington.
Section 11. "Properties" shall mean and refer to those portions of the real property contained within any subdivision, survey, short plat or plat filed with the Auditor of Clallam County, Washington, for the property described above, together with any such additions thereto as may hereafter be brought within the jurisdiction and control of the Association
ARTICLE II Property Rights
Section 1. Easements and Common Areas. Every owner shall have the right and easement of enjoyment in and to the common areas which shall be appurtenant to and shall pass with the title to every lot, subject to the right of the association to charge reasonable fees and make reasonable rules and regulations governing their use.
Easements and rights-of-way are hereby granted by each of the Declarants to the other Declarants, and are expressly reserved for the creation, construction and maintenance of water, telephone, television, electrical power, gas, sewer, or utility lines of whatsoever kind. Such easements or rights-of-way are hereby reserved to Declarants as shall be as shown on the plats. The location of the roadway and utility easements for the southerly portions of the property described herein shall be delineated in surveys or plats which will be filed at a later time, but shall be located so as to provide reasonable access to all of the property of Declarants.
The right to grant easements to other parties for the use of all roads, utility, easements and common areas is reserved to Declarants and to the Association.
The Association shall be responsible for repair and maintenance of roads, including the road which provides access to the properties from the county road, and which is located within a right of way easement described on Exhibit "A" attached hereto; and community septic collection lines and drainfields.
Section 2. Uniform General Requirements. The following uniform general requirements shall apply throughout all parts of the platted subdivision.
(a) Animals: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or building thereon. Horses, dogs, cats or other household pets may be kept provided that such keeping is not for commercial purposes or in such quantities or under such conditions that would be reasonable objectionable in a residential neighborhood. Allowed animals must be kept within the confines of the owner’s property or on a leash at all times. The straying or roaming of any household pets is specifically prohibited. Frequent barking or howling of dogs shall constitute a noise nuisance and shall be sufficient basis for taking action as described in the enforcement paragraph of these covenants.
(b) Antennas: No radio or television antenna shall be permitted to extend more than ten feet above the roof line of any residence or structure. Variance from this restriction may be granted by the Association, if, in its opinion, such variance is necessary for reasonable operation of the facility and that such variance will not be distractive or unsightly to adjacent sites or others.
(c) Nuisance: No noxious, illegal or offensive use of land shall be carried on or permitted upon any lot or lots, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
(d) Trash Disposal: No lot or tract shall be used as a dump for trash or rubbish of any kind. All garbage and other wastes shall be kept in conventional sanitary containers for proper disposal and placed so as not to be visible from the common roadways except on the day of collection. The removal and disposal of all such materials shall be the sole responsibility of the individual lot owner. Burning barrels or incinerators shall be maintained in a clean and sanitary condition.
(e) Tanks: All gas and oil storage tanks, or tanks of any descriptions, shall comply with all federal and state environmental and hazardous substances regulations and laws.
(f) Residential Use Only: No manufacturing enterprise or business or commercial activity shall be conducted or carried on upon any lot or within any building located in the Development, nor shall any goods, equipment, vehicles (including buses and trailers of any description) or materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be stored, dismantled or repaired outside of any building on any lot. This restriction shall not be construed, however, as preventing in home offices for the conduct of personal business or business activities which do not generate vehicle, customer or client traffic.
(g) Vehicles: Motorized vehicles, including motorcycles and all-terrain vehicles must be properly muffled and used only for transportation on driveways and common roadways to and from public roadways. No equipment or vehicles (including buses, trailers, campers and boats) may be dismantled or repaired outside of any building on any lot. Vehicles shall not be parked on roadways or easements.
(h) Prosecution of Work: The construction work on all buildings and structures shall be prosecuted diligently and continuously from commencement of construction until exteriors of such buildings are completed and painted or otherwise suitably finished. Exterior work on any building shall be completed within twelve (12) months from the start of construction. Said construction shall conform with the requirements of the applicable city, county and state agencies.
(i) Building Height: Building heights shall not exceed 45 feet from natural grade level.
(j) Construction Materials: No structure shall be erected, altered, or placed on any lot unless it shall have a full concrete foundation, be of sound, conventional double wall or masonry construction, or equal. No mobile homes or modular homes are permitted. New materials on all exterior surfaces shall be required unless otherwise approved by the Association. Used brick, however, will be permitted.
(k) Building Setbacks: No buildings shall be constructed within: (1) 25 feet from any lot line or easement line, whichever is the greater distance. For purposes of this restriction, steps and open porches shall not be considered as part of the building.
(l) Minimum Size: The ground floor area of the single family residences, exclusive of one story open porches and garages, shall be not less than 1000 square feet for a single story dwelling, nor less than 800 square feet of floor area on the ground floor of a two level dwelling.
(m) Unapproved Residences: No structure of a temporary nature shall be occupied on any lot, including but not limited to trailers, mobile homes, campers, tents, shacks, garages or shelters of any kind.Section 3. View: It is important that property owners shall restrict the height of trees and vegetation growing on any lot to the end that the view of other property owners shall be preserved to the greatest extent reasonably practical. The Association shall have the right to order removal of any tree or vegetation, which exceeds 35 feet in height from the natural grade level, if it unreasonable interferes with the view of any other property owner. In any case in which the Association shall determine that there is such interference, it shall send a notice in writing to the property owner, which notice shall set forth the extent to which the trees or other vegetation shall be pruned or removed. If within thirty (30) days after the mailing of such notice, the property owners have not caused such trees or other vegetation to be pruned or removed to the extent required by the Association, the Association may cause the work to be done at the expense of the offending property owner.