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 III Membership
Section 1. Members: Every owner in fee, contract purchaser, or Grantor under Deed of Trust of one or more lots shall be deemed for all purposes to be a member of the Association, and shall be subject to the payment of annual dues. Membership shall be inseparably appurtenant to the lot owned or being purchased by the member, and upon the transfer of ownership or the making of a contract for the sale of such lot, the membership appurtenant thereto shall be deemed to be transferred to the contract purchaser or grantee. No membership may be conveyed or transferred in any other way. In the event of the death of a member, his membership passes in the same manner and to the same persons, as does the property itself. The Purchaser under a contract of purchase shall be deemed to be an owner for membership purposes. If any tract or tracts are held by two or more persons, the several owners of such interest shall be entitled, collectively, to cast its vote. No member may withdraw except upon the transfer of title to or contracting for the sale of the lot or lots to which his membership is appurtenant. No compensation shall be paid by the Association upon the transfer of membership and no member whose membership is transferred shall be entitled to share or participate in any way of the property or assets of the Association.
Section 2. Dues: For the purpose of financing those charges incurred by reason of the activities of the membership and the construction and acquisition, and operation and maintenance of the common areas, as hereinbefore defined, each member shall be required to pay annual dues to the Association at the time and in the manner and amount as fixed by the board of directors pursuant to the bylaws of the Association.
Section 3. Effect of Forfeiture upon Dues: In the event of any contract forfeiture proceeding or a foreclosure of a mortgage or Deed of Trust against any lot, parcel, or tract within the platted subdivision, the Association, or the Declarant, as the case may be, shall have a cause of action against the defaulting contract purchaser, grantor or mortgagor, for all sums due, delinquent and unpaid as and for membership dues as herein provided. Provided, that upon such forfeiture or foreclosure, the contract vendor, or purchaser at sale, shall not be obligated for the payment of any dues then due, delinquent and unpaid, and such vendor or purchaser at sale shall take the same free and clear of any lien therefor. This provision shall apply to the Declarant or any other subsequent contract vendor or mortgagee. Provided, nothing herein contained shall limit the association, or the Declarant as the case may be, from exercising its right of lien, and the enforcement thereof, in accordance with the terms and conditions is this Declaration and in the bylaws of the Association contained, against a contract Purchaser or mortgagee whose contract has not been declared forfeited or against whose property foreclosure proceedings have not been instituted, nor against an owner in fee of any such lot, parcel or tract.
ARTICLE IV Voting in Owners Association
All owners of contract purchasers shall be entitled to one vote per lot owned. There shall be one voting member for each lot or unit. The voting owner shall be designated by the owners of each lot or unit by written notice to the board or managing agent and need not be an owner. Designation shall be revocable at any time by actual notice to the board or managing agent. Designation shall be revoked upon the death or declared incompetence of any party with an ownership interest in the lot or unit. This power of designation and revocation may be exercised by a guardian, administrator or executor of an owner’s estate. Where no designation is made, or when the designation has been made, but is revoked, and no new designation has been made, the voting owner of each unit shall be the group composed of all its owners; all such owners may be present at any meeting of the voting owners, and, if those present act unanimously, the several owners may vote or take any other action as a voting owner.
ARTICLE V Assessments
Section 1. Lien and personal obligation of assessments. Declarants hereby covenant for each lot and each owner of a lot is hereby deemed to covenant by acceptance of his deed for such lot, whether or not it shall be so expressed in his deed, to pay to the association (1) Annual assessments and (2) special assessments for capital improvements. Such assessments will be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorneys’ fees shall be a lien on the property and also be the personal obligation of the person or persons who owned the lot at the time the assessment fell due.
Section 2. Purpose of annual assessments. The annual assessments levied by the Association shall be used for the following:
(a) Maintenance, construction and repair of the roadways (including the roadway which is not owned by the Association but which provides access to the properties from public roads), septic collection lines and septic drainfield.
(b) Liability insurance insuring the association against any and all liability to the public, to any owner, or to the invitees or tenants of any owner arising out of their occupation and/or use of the common area.
(c) Workmen’s compensation insurance to the extent necessary to comply with applicable law, and any other insurance deemed necessary by the board of directors of the Association.
(d) Errors and omissions insurance and fidelity bonds covering all member of the board of directors of the association and all other employees of the Association in an amount to be determined by the board of directors.
(e) Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes, or assessments which the Association is required to secure or pay pursuant to the terms of this declaration or by law, or which shall be necessary or proper in the opinion of the board of directors of the Association for the operation of the common areas, for the benefit of lot owners, or for the enforcement of these restrictions.Section 3. Special assessments for capital improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement on the common area, including fixtures and personal property related thereto. Any such assessment must be approved by a majority vote of the members.
Section 4. Notice for action authorized under Section 3. Written notice of any meeting called for the purpose of taking any action authorized by Section 3 shall be sent to all members not less than 14 nor more than 60 days in advance of such meeting.
Section 5. Uniform rate of assessment. Both annual and special assessments must be fixed at a uniform rate for all lots; however, septic system maintenance assessments may be based upon volume of domestic water use.
Section 6. Commencement and collection of annual assessments. The annual assessments provided for herein shall commence as to each lot the first day of the month following the recording of a deed or real estate contract from one of the Declarants to a buyer. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least 30 days in advance of the due date thereof and shall fix the dates such amounts become due. Assessments may be made payable monthly. Notice of the annual assessments shall be sent to every owner subject thereto. The association shall, on demand and for a reasonable charge, furnish a certificate signed by an officer of the association, setting forth whether the assessment against a specific lot has been paid, and may, cause to be recorded in the office of the county clerk of Clallam County, a notice of delinquent assessments.
Section 7. Effect of nonpayment of assessments; remedies of the Associations. Any assessment not paid within 30 days after the due date shall be deemed in default and shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or may foreclose the lien against the property. 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.
Section 8. Subordination of assessment lien to mortgages. The assessment lien provided for herein shall be subordinate to the lien of any first mortgage. A sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to a first mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the assessment lien as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof.