Restated and Amended Declaration of
Covenants, Conditions, Restrictions and Easements
for Wilson Ranch
The following
Covenants, Conditions, and Restrictions were filed & recorded with Okanogan County June 01, 2001, recording
number 3034705. This file was created for clarification & readability.
Hardcopies of the originally signed documents can be obtained
from Okanogan County.
METHOW
VALLEY, LLC, a Washington limited liability company (Declarant),
hereby submits to this Restated and Amended Declaration of Covenants,
Conditions, Restrictions, and Easements
for Wilson Ranch (Declaration) certain real property located
in Okanogan County, Washington, and more particularly described
on EXHIBIT A (Property), in order
to create an integrated and planned community of residential, recreational,
and limited commercial uses Wilson Ranch).
ARTICLE
STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS
Restated
and Amended Declaration. This
Restated and Amended Declaration of Covenants, Conditions, Restrictions
and Easements for Wilson Ranch is intended to amend in its entirety
and supersede that certain Declaration of Covenants, Conditions,
Restrictions and Easements for Wilson Ranch originally recorded
under Okanogan County Recording No. 822849, Volume 127,
Page 2123, on November 10, 1994 (Original Declaration).
This Declaration is made by Methow Valley, LLC, as successor to
R.D. Merrill
Company pursuant to a Deed recorded on November 8, 1995 under
Okanogan County Recording No. 834828.
1.2.
Imposition
of Covenants. The Declarant
hereby makes, declares, and establishes the following covenants,
conditions, restrictions, and easements which shall affect all
of the Property.From this day forward, the Property shall
be held, sold and conveyed subject to this Declaration.This Declaration
shall run with the land and shall be binding upon all persons or
entities having any right, title, or interest in
all or any part of the Property, including Declarant, and their
heirs, successors, and assigns, and their tenants, employees, guests,
and invitees, and this Declaration shall inure to the benefit of
each owner of the Property.
1.3. Statement
of Purpose. This Declaration
is imposed for the benefit of all owners of parcels of land located
within the Property.This
Declaration creates specific rights and privileges which may be
shared and enjoyed by all owners and occupants of any part of the
Property.
1.4. Declarant's
Intent. The intent
of this Declaration is to ensure that development of the Property
is respectful of environmental qualities of the Methow Valley,
consistent with the existing rural character of the Valley and
sensitive to the need for effective water conservation, wildlife
protection, and wildfire prevention.Furthermore, Declarant desires
to ensure the attractiveness of the individual lots and parcels
and facilities
developed within the Property; to prevent any future impairment
of the Property; and to preserve, protect, and enhance the values
and amenities of the Property.Declarant intends to encourage the
construction of attractive permanent improvements of appropriate
architectural
and engineering design, located to preserve the harmonious development
of the Property.Declarant
desires and intends to develop a quality project on the Property
consisting of limited commercial facilities, residential facilities
and certain recreational facilities and amenities.
ARTICLE
2.
DEFINITIONS
The following terms,
as used in this Declaration, are defined as follows:
2.1.
Articles or Articles
of Incorporation shall mean the Articles of Incorporation
of the Association which have been filed with the Secretary of
State to create the Association.
2.2.
Assessments shall
mean annual, special, and default Assessments levied pursuant to
Article 4 below to meet the estimated cash requirements of
the Association.
2.3.
Association shall
mean the Wilson Ranch Association, a nonprofit membership corporation,
or any successor of the Association by whatever name, charged with
the duties and obligations set forth in this Declaration.
2.4.
Board
of Directors or Board shall
mean the Board of Directors of the Association, which is the governing
body of the Association.
2.5.
Building shall
mean a building or structure constructed on a Lot or Tract.
2.6.
Building
Envelope shall mean the building site or area within a Lot
where a Building or other Improvement shall be located, always
subject to the prior written approval of the Design Review Committee.
2.7.
Bylaws shall
mean the Bylaws of the Association which establish the methods
and procedures of its operation.
2.8.
Common
Area shall mean the real property in which the Association
owns an interest for the common use and enjoyment of all of the
Members.Such interest may include, without limitation,
estates in fee, for terms of years, or easements.
2.9.
Condominium
Map shall mean any condominium survey map and plans recorded
pursuant to the Washington Condominium Act, RCW ch. 64.34, as amended
from time to time, to create a condominium project on any portion
of the Property.
2.10.
Condominium
Unit shall mean a condominium unit, as defined in the Washington
Condominium Act, RCW ch. 64.34, as amended from time to time.
2.11.
Declarant shall
mean Methow Valley, LLC, a Washington limited liability company,
or its successors or assigns.
2.12.
Design
Guidelines shall mean the guidelines and rules published and
amended and supplemented from time to time by the Design Review
Committee.
2.13.
Design
Review Committee or Committee shall
mean the committee formed pursuant to Article 6 below to maintain
the quality and architectural harmony of Improvements in Wilson
Ranch.
2.14.
Improvements shall
mean all Buildings and structures, parking areas, loading areas,
fences, walls, hedges, plantings, poles, driveways, ponds, lakes,
Recreational Facilities, signs, changes in any exterior color or
shape, excavation and all other site work, including, without limitation,
grading, road construction, utility improvements, removal of trees
or plantings, and any new exterior construction or exterior improvement
which may not be included in the foregoing. Improvements do not include turf, shrub, or tree maintenance or replacement.“Improvements” do
include both original improvements and all later changes and improvements.
2.15.
Lot shall
mean a parcel of land designated as a lot on any Plat of Wilson
Ranch and reserved for any purpose other than Recreational Facilities.For
purposes of this Declaration, Lot shall
also be deemed to mean any Condominium Unit created by the recording
of a Condominium Map within Wilson Ranch.
2.16.
Maintenance
Fund shall mean the fund created by Assessments and fees levied
pursuant to Article 4 below to provide the Association with
the funds required to carry out its duties under this Declaration.
2.17.
Manager shall
mean such person or entity retained by the Board of Directors to
perform certain functions of the Board pursuant to this Declaration
or the Bylaws.
2.18.
Member shall
mean any person or entity holding membership in the Association.
2.19.
Mortgage shall
mean any mortgage, deed of trust, or other document pledging any
portion of the Property or interest therein as security for the
payment of a debt or obligation. First Mortgage means any Mortgage which is not subject to any lien
or encumbrance except liens for taxes or other liens which are
given priority by statute.
2.20.
Mortgagee shall
mean a beneficiary of a Mortgage as well as a named mortgagee. First
Mortgagee means any person named as a Mortgagee under a Mortgage,
or any successor to the interest of any such person under a Mortgage,
which Mortgage is not subject to any lien or encumbrance except
liens for taxes or other liens which are given priority by statute.
2.21. Open
Space shall mean all real property designated as open space
by Declarant in Wilson Ranch which is to remain unplatted, natural
open space after completion of all platting by Declarant in accordance
with any Plat of Wilson Ranch approved by Okanogan County, Washington.
2.22.
Owner shall
mean the record owner, whether one or more persons or entities,
of a fee simple title to any Lot, but shall not mean or refer to
any person or entity who holds such interest merely as security
for the performance of a debt or other obligation, including a
Mortgage, unless and until such person or entity has acquired fee
simple title pursuant to foreclosure or other proceedings.
2.23. Plat shall
mean any plat, boundary line adjustment or planned development
maps affecting the Property recorded in the official records of
Okanogan County, Washington, as such maps may be amended from time
to time.
2.24.
Property shall
mean and include the Property initially subjected to this Declaration
and any additional real property from time to time made subject
to this Declaration.
2.25.
Recreational
Facilities shall mean the recreational facilities or amenities
included as part of the Common Area.
2.26.
Supplemental
Covenants shall mean additional or further restrictive covenants
imposed on a portion or portions of the Property from time to time.
2.27.
Tract shall
mean a parcel of land designated as a tract on a plat of Wilson
Ranch and reserved for non‑residential and non‑commercial
uses.
2.28.
Voting
Unit shall mean any one of the interests in the Property designated
in Section 3.4 below, to which a right to vote in Association
matters is allocated.
2.29.
Wilson
Ranch shall mean the planned community created by this Declaration,
consisting of the Property and all of the Improvements located
on the Property.
2.30.
Wilson
Ranch Documents shall mean the basic documents creating and
governing Wilson Ranch, including, but not limited to, this Declaration,
the Articles of Incorporation and Bylaws of the Association, the
Design Guidelines, and any procedures, rules, regulations or policies
adopted under such documents by the Association or the Design Review
Committee.
2.31.
Wilson
Ranch Rules shall mean the rules adopted by the Association
as provided in Section 3.6 below.
ARTICLE
3.
THE ASSOCIATION
3.1.
Dedication
of Common Area.Declarant
hereby deeds to the Association certain parts of the Property as
designated on the Plat of Wilson Ranch as Common Area for the common
use of the Owners in Wilson Ranch.In
addition, Declarant reserves the right to deed to the Association
additional parts of the Property as Common Area.The
designated areas are dedicated hereby to the common use and enjoyment
of Owners, and their family, tenants, employees, guests and invitees.Recreational
Facilities and related Common Areas shall, to the extent consistent
with their use by the Owners, be made available to the public,
subject to such reasonable rules and fees as may be adopted by
the Association.
3.2.
Association's
Responsibility for Common Area.The
Association, subject to the rights of the Owners set forth in this
Declaration, shall be responsible for the management and control
of the Common Area dedicated under Section 3.1 above and all
Improvements on the Common Area (including furnishings and equipment
related thereto), and shall keep it in good, clean, and attractive,
condition and repair consistent with the requirements of a first‑class
planned community, pursuant to the terms and conditions of this
Declaration.
3.3.
Membership.Every Owner, by virtue of being an Owner,
and for so long as such party is an Owner, shall be a Member of
the Association.Membership
shall be appurtenant to and may not be separated from ownership
of any Lot.No Owner, whether one or more persons,
shall have more than one membership per Lot, owned, but all
of the persons owning each Lot shall be entitled to rights of membership
and of use and enjoyment appurtenant to such ownership.
3.4.
Classes
of Membership and Voting Rights.The
Association shall have two classes of voting membership:
Class
A: Class A Members shall be all Owners, with
the exception of Declarant.Each
Class A Member shall be entitled to a specific number of votes,
figured as follows:
(i)
one vote for each Lot, according to the Plat recorded in the
official
records of Okanogan County, Washington;
(ii)
one vote for each residential Condominium Unit as shown on a
Condominium
Map recorded in the official records of Okanogan County, Washington;
(iii)
in the case of a hotel , one-half (1/2) vote for each hotel room
as
noted in a statement of allocated votes signed by Declarant and
filed with the Secretary of the Association, regardless of whether
any such room is a Condominium Unit so long as it is operated for
hotel purposes.
The
ownership interests enumerated in paragraphs (i) through (iii)
above, are sometimes referred to as “Voting Units” in
this Declaration.When
more than one person holds an interest in any Voting Unit, all
such persons shall be Members.The vote for such Voting Unit shall be exercised
as the Owners among themselves determine, and the Secretary of
the Association shall be notified of such designation prior to
any meeting.In the absence of such advice, the vote allocated
to the Voting Unit shall be suspended in the event more than one
person or entity seeks to exercise the right to vote.
Class
B: The Class B member(s) shall be Declarant and
any successor of Declarant who takes title to all or part of the
Property for the purpose of development and sale and who is designated
as a successor Declarant in a recorded instrument executed by Declarant.Class
B members shall be entitled to three votes for each Voting
Unit owned.The
Class B membership shall terminate on either of the following
dates, whichever occurs earlier:
3.4.1 July 1,
2005, or
3.4.2 the date on which
Declarant voluntarily relinquishes its Class B membership,
as evidenced by a notice recorded in the official records of Okanogan
County, Washington.
From and after the termination of the Class B
membership, the Declarant and any designated successor Declarant
shall be entitled to one vote for each Voting Unit owned.At
such time, Declarant shall call a meeting of Owners, as provided
by the Bylaws for special meetings, to advise the membership of
the termination of Class B status and to transfer control of the
Association to the Owners.
3.5.
Compliance
with Documents.Each
Owner shall abide by and benefit from the provisions, covenants,
conditions, and restrictions contained in the Wilson Ranch Documents.
3.6.
Rules
and Regulations.The
Association, from time to time and subject to the provisions of
the Wilson Ranch Documents, may adopt, amend and repeal rules and
regulations, to be known as the "Wilson Ranch Rules," governing,
among other things and without limitation:
3.6.1 The use of Open
Space;
3.6.2 The use of private
roads;
3.6.3 Collection
and disposal of garbage and trash;
3.6.4 The
burning of open fires and the operation of woodstoves and fireplaces;
3.6.5 The control of
animals;
3.6.6 Parking restrictions
and limitations;
3.6.7 The
posting of maximum speeds for vehicular traffic and other traffic
rules;
3.6.8 Establishment
of times or other restrictions when commercial vehicles may be
permitted to use any or all of
the roads;
3.6.9 The
types of vehicles (other than conventionally equipped passenger
automobiles) and the times when
any vehicle or motorized vehicle or device may be permitted to
use the roads within Wilson Ranch or any other area of the Property;
and
3.6.10 A schedule of
fines for the infraction of the Wilson Ranch Rules.
A copy of the Wilson Ranch Rules in effect shall
be distributed to each Member of the Association, and any change
in the Wilson Ranch Rules shall be distributed to each Member within
a reasonable time following the effective date of the change.
3.7.
Cooperation
with Okanogan County.The
Association, in cooperation with Okanogan County, shall provide
for the enforcement of the Wilson Ranch Rules, and the comprehensive
control and furnishing of services to the Property.The
Association shall in all respects cooperate with the County to
enable both the Association and the County to most efficiently
and economically provide their respective services to Owners.It
is contemplated that from time to time either the County or the
Association may use the services of the other in the furtherance
of its obligations, and they may contract with each other to better
provide for such cooperation.
3.8.
Assistance
to Design Review Committee.The
Association shall in all respects cooperate with and assist the
Design Review Committee in the complete attainment of the Committee’s
functions, and in the enforcement of its guidelines, rules, regulations,
and decisions.
3.9.
Manager.The Association may employ or contract for
the services of a Manager, provided that no such employment shall
be by a contract having a term of more than three (3) years, and
each such contract shall be subject to cancellation by the Association
on ninety (90) days or less prior notice without cause and without
payment of a termination fee.The Manager shall not have the authority to
make expenditures for additions or improvements chargeable against
the Maintenance Fund except upon specific prior approval and direction
by the Board.The Board
shall not be liable for any omission or improper exercise by a
Manager of any such duty, power, or function so delegated by written
instrument executed by or on behalf of the Board.
3.10.
Ownership
of Personal Property and Real Property for Common Use.The Association, through action of its Board
of Directors, may acquire, hold, and dispose of tangible and intangible
personal property and real property.The
Board, acting on behalf of the Association, shall accept any real
or personal property, leasehold, or other property interests within
Wilson Ranch and conveyed to the Association by Declarant.
3.11.
Roads
Within Wilson Ranch.The
Association shall be responsible for the maintenance of all roads
(but not private driveways) within Wilson Ranch; provided, however,
that the public is hereby granted the right to use such roads,
subject to the Wilson Ranch Rules.Such
maintenance will include periodic maintenance of the surface
and regular snow removal.The Board shall cooperate with County traffic
and fire control officials, to post Common Area roads and streets
with traffic control, fire lane, and parking regulation signs.
3.12.
Books
and Records.The Association
shall make available for inspection, upon request, during normal
business hours or under other reasonable circumstances, to Owners
and Mortgagees, current copies of the Wilson Ranch Documents, and
the books, records, and financial statements of the Association
prepared pursuant to the Bylaws.The Association may charge a reasonable fee
for copying such materials.
3.13.
Successor
to Declarant.The Association
shall succeed to all of the rights, duties and responsibilities
of Declarant under this Declaration upon termination of the Class B
membership in accordance with Section 3.4.The Association may delegate any of such rights, duties or responsibilities
to the Design Review Committee or to any other committee or entity,
which it may choose to form.
3.14.
Implied
Rights and Obligations.The
Association may exercise any other right or privilege given to
it expressly by the Wilson Ranch Documents, and every other right
or privilege reasonably to be implied from the existence of any
right or privilege given to the Association under this Declaration
or reasonably necessary to effectuate any such right or privilege.The
Association shall perform all of the duties and obligations imposed
on it expressly by the Wilson Ranch Documents, together with every
other duty or obligation reasonably to be implied from the express
provisions of the Wilson Ranch Documents or reasonably necessary
to satisfy any such duty or obligation.
ARTICLE
4.
COVENANT FOR MAINTENANCE ASSESSMENTS
4.1.
Creation
of the Lien and Personal Obligation for Assessments.The Declarant, for each Lot owned within
the Property, hereby covenants, and each Owner of any Lot, by acceptance
of a deed therefore, whether or not it shall be so expressed in
any such deed, are deemed to covenant and agree to pay to
the Association:(1) annual Assessments or charges as
provided in this Declaration for the purpose of funding the Maintenance
Fund; (2) special Assessments for capital improvements and other
purposes as stated in this Declaration, such annual and special
Assessments to be fixed, established, and collected from time to
time as provided below; and (3) default Assessments which may be
assessed against an Owner’s Lot pursuant to the Wilson Ranch Documents
for failure to perform an obligation under the Wilson Ranch Documents
or because the Association has incurred an expense on behalf of
the Owner under the Wilson Ranch Documents.The
annual, special, and default Assessments, together with interest,
costs, and reasonable attorneys’ fees, shall be a charge on the
land and shall be a continuing lien upon the Lot against which
each such Assessment is made until paid.Each
such Assessment, together with interest, costs, and reasonable
attorneys’ fees, shall also be the personal obligation of the Owner
of such Lot at the time when the Assessment fell due.Assessments
on Condominium Units shall be levied against each Unit, but each
condominium association is hereby designated as the agent of each
Owner of a Condominium Unit within such project for receipt of
notices of Assessment and the collection of Assessments and remittance
to the Association.
4.2.
Purpose
of Assessments.The
Assessments levied by the Association shall be used exclusively
to promote the recreation, health, safety, and welfare of the Owners
and occupants of Wilson Ranch and for the improvement and maintenance
of the Common Area, including, but not limited to, the payment
of taxes and insurance on the Common Area, and repair, replacement,
and additions to any Improvements on the Common Area, reserve accounts,
the cost of labor, equipment, materials, management, and supervision,
and the salary or fee of the Manager.
4.3.
Calculation
and Apportionment of Annual Assessments.Not
less than thirty (30) days before the end of the Association’s
fiscal year, the Board of Directors shall prepare a budget estimating
its net cash flow requirements for the next year and an estimate
of the Assessments to be charged each Owner, and the Board shall
distribute the proposed budget to the Owners.Each
budget shall include funds for establishing and maintaining reserves
for periodic repairs, replacement, and maintenance of any improvements
on the Open Space which must be replaced on a periodic basis, and
for taxes, capital improvements, deficiencies from the prior year’s
Maintenance Fund, and other purposes, and shall include any expected
income and surpluses from the prior year’s Maintenance Fund.
At the time the proposed budget is distributed to
the Owners, the Board shall provide notice of the date for a
meeting of the Owners to consider ratification of the budget, which
date shall be not less than fourteen (14) nor more than sixty (60)
days after distribution of the budget.Unless at that meeting, the Owners holding
a majority of the votes in the Association reject the budget, the
budget is ratified, whether or not a quorum is present.In the event the proposed budget is rejected or the required notice
is not given, the periodic budget last ratified by the Owners shall
be continued until such time as the Owners ratify a subsequent
budget proposed by the Board.If
the Board proposes a supplemental budget during a fiscal year that
results in a increase in Assessments, such budget shall not take
effect unless ratified by the Owners in accordance with this Section 4.3.
4.4.
Special
Assessments.In addition
to the annual Assessments authorized by Section 4.1 above,
the Board of Directors may levy in any fiscal year one or more
special Assessments, applicable to that year only, for the purpose
of defraying, in whole or in part, the cost of any construction
or reconstruction, repair or replacement of a described capital
improvement upon the Common Area, including the necessary fixtures
and personal property related thereto, or to make up any shortfall
in the current year's budget.Ratification
of the amount and due dates for such special Assessments must be
obtained pursuant to the procedure set forth in Section 4.3
above.
4.5.
Uniform
Rate of Assessment.Both
annual and special Assessments must be fixed at a uniform rate
for each type of Lot as follows:
4.5.1Residential Property.The
rate of Assessment levied against residential Lots shall be uniform
but may be varied based upon the Board's reasonable determination
that any specific item in the Association’s budget may more directly
benefit a certain area or classification of the Property in excess
of its proportionate share, or that the Association has been requested
to provide services to certain Lots in excess of those to other
Lots within Wilson Ranch.
4.5.2Hotel Guest Rooms.The rate of Assessment levied against Lots
containing hotel guest rooms shall be 50 percent of the Assessment
for a residential Lot for each guest room, the Assessment may be
varied based upon the Board’s reasonable determination that any
specific item in the Association’s budget may more directly benefit
Lots containing hotel guest rooms in excess of their proportionate
share or that the Association has been requested to provide services
to such Lots containing hotel guest rooms in excess of those to
other Lots within Wilson Ranch.
4.5.3 Recreational Facilities.The
Recreational Facilities developed by Declarant are conceived to
enhance the project, and accordingly will not be assessed under
this Declaration unless Declarant in its sole discretion subjects
such facilities to an obligation for Assessments.
4.5.4 Vacant Lots.Notwithstanding anything to the contrary herein,
vacant Lots shall be assessed at 50 percent of the rate otherwise
applicable until the earlier to occur of (i) completion of
the Improvements on such Lot or (ii) six (6) months following
conveyance of such Lot by Declarant to any Owner. See
amendment dated 6/21/2004
4.6.
Date
of Commencement of Annual Assessments: Due Dates.The annual
Assessments shall commence as to all Lots and Condominium Units
on the first day of the month following the conveyance of
the first Lot to an Owner by Declarant or such later date as may
be established by Declarant so long as Declarant pays all actual
operating expenses (but not allocations to reserves) during the
period of delayed commencement.The first annual Assessment shall
be prorated according to the number of months remaining in the
calendar year.Assessments shall be collected on a periodic
basis as the Board of Directors may determine from time to time,
but until the Board directs otherwise, Assessments shall be payable
quarterly in advance on the first day of each calendar quarter.Collection
of the Association's Assessments in this manner shall not prevent
the creation of the Association’s lien against any Lot or the Association's
ability to enforce or collect its Assessments as provided under
this Declaration if they are not remitted to the Association in
a timely manner.
4.7.
Default
Assessments.All monetary
fines assessed against an Owner pursuant to the Wilson Ranch Documents,
or any expense of the Association which is the obligation of an
Owner or which is incurred by the Association on behalf of the
Owner pursuant to the Wilson Ranch Documents, shall be a default
Assessment and shall become a lien against such Owner's Lot which
may be foreclosed or otherwise collected as provided in this Declaration.Notice
of the amount and due date of such default Assessment shall be
sent to the Owner subject to such Assessment at least thirty (30)
days prior to the due date.
4.8.
Effect
of Nonpayment of Assessment:Lien;
Remedies of Association.Any
Assessment installment, whether pertaining to annual, special,
or default Assessments, which is not paid within thirty (30) days
of its due date shall be delinquent.In
the event that an Assessment installment becomes delinquent, the
Association, in its sole discretion, may take any or all of the
following actions:
4.8.1 assess a late
charge of at least $100 per delinquency;
4.8.2 assess an interest
charge from the date of delinquency at the rate per annum of two
points above the prime rate charged by the Association’s bank,
or such other rate as shall have been established by the Board
of Directors;
4.8.3 suspend
the voting rights of the Owner during any period of delinquency;
4.8.4 accelerate
all remaining Assessment installments for the fiscal year in question
so that unpaid Assessment for the remainder of the fiscal year
shall be due and payable at once;
4.8.5 bring an action
at law against any Owner personally obligated to pay the delinquent
installments;
4.8.6 file a statement
of lien with respect of the Lot, and foreclose as set forth in
more detail below.
The
Association may file a statement of lien by recording in the
official records of Okanogan County, Washington,
a written statement with respect to the Lot, setting forth the
name of the Owner, the legal description of the Lot, the name of
the Association, and the amount of delinquent Assessments then
owing, which statement shall be duly signed and acknowledged by
the President, Vice President, or Manager of the Association, and
which shall be served upon the Owner of the Lot by mail to the
address of the Lot or at such other address as the Association
may have in its records for the Owner.Thirty
(30) days following the mailing of such notice, the Association
may proceed to foreclose the lien in the same manner as provided
for the foreclosure of mortgages under the statutes of the State
of Washington.Such lien
shall be in favor of the Association and shall be for the benefit
of all other Owners.In
either a personal or foreclosure action, the Association shall
be entitled to recover as a part of the action, the interest, costs,
and reasonable attorneys' fees with respect to the action.No
Owner may waive or otherwise escape liability for the Assessments
provided for herein by nonuse of the Common Area or abandonment
of the Owner’s Lot.The remedies provided herein shall not be exclusive, and the Association
may enforce any other remedies to collect delinquent Assessments
as may be provided by law.
4.9.
Successor’s
Liability for Assessment.In
addition to the personal obligation of each Owner to pay all Assessments
thereon and the Association’s perpetual lien for such Assessments,
all successors to the fee simple title of a Lot except as provided
in Section 4.10 below, shall be jointly and severally liable
with the prior Owner or Owners thereof for any and all unpaid Assessments,
interest, late charges, costs, expenses, and attorneys' fees against
such Lot without prejudice to any such successor's right to recover
from any prior Owner any amounts paid by such successor.This
liability of a successor shall not be personal and shall terminate
upon termination of such successor’s fee simple interest in the
Lot.In addition, such successor shall be entitled
to rely on the statement of status of Assessments by or on behalf
of the Association under Section 4.13 below.
4.10.
Subordination
of the Lien.The lien
of the Assessments provided for in this Declaration shall be subordinate
to the lien of any First Mortgage.No
sale or transfer shall relieve a Lot from liability for any Assessments
or from the lien thereof.However,
sale or transfer of any Lot pursuant to a decree of foreclosure
or by a public trustee’s foreclosure, or any other proceeding or
deed in lieu of foreclosure for the purpose of enforcing a First
Mortgage shall extinguish the lien of such Assessments as to installments
which became due prior to such sale or transfer, and the amount
of such extinguished lien may be reallocated and assessed to all
Lots and Condominium Units as a common expense at the direction
of the Board of Directors.No
sale or transfer shall relieve the purchaser or transferee of a
Lot from liability for, nor the Lot from the lien of, any Assessments
made after the sale or transfer.
4.11.
Notice
of Action.Any First
Mortgagee who makes a prior written request to the Secretary of
the Association and furnishes its name and address and the legal
description of the Lot in which it has an interest to the Secretary
shall be entitled to timely written notice of any delinquency in
payment of an annual, special, or default Assessment levied against
the Lot encumbered by its First Mortgage which has continued for
a period of sixty (60) days or more.In
addition, any such First Mortgagee shall be entitled to cure such
delinquency and obtain a release from the lien imposed or perfected
by reason of such delinquency.
4.12.
Exempt
Property.The following
portions of the Property shall be exempt from the Assessments,
charges, and liens created under this Declaration:
4.12.1 all properties
to the extent of any easement or other interest therein dedicated
and accepted by Okanogan County, Washington, and devoted to public
use;
4.12.2 all utility lines
and easements; and
4.12.3 the Open Space
and Common Area including the Recreational Facilities.
4.13.
Statement
of Status of Assessments.Upon
ten (10) days' written notice to the Treasurer of the Association
or the Manager and payment of a reasonable fee set by the Association
from time to time, any Owner, prospective purchaser, or Mortgagee
of a Lot shall be furnished a statement of the account for such
Lot setting forth:
4.13.1 the amount of
any unpaid Assessments (whether annual, special, or default Assessments),
interest, late charges, costs, expenses, and attorneys’ fees then
existing against a particular Lot;
4.13.2 the amount of
the current periodic installments of the annual Assessment and
the date through which they are paid; and
4.13.3 any other information
deemed proper by the Association.
The information contained in such statement, when
signed by the Treasurer or Manager, shall be conclusive upon the
Association as to the person or persons to whom such statement
is issued and who rely on it in good faith.
4.14.
Failure
to Assess.The omission
or failure of the Board to fix the Assessment amounts or rates
or to deliver or mail to each Owner an Assessment notice shall
not be deemed a waiver, modification, or a release of any Owner
from the obligation to pay Assessments.In such event, each Owner shall continue to
pay annual Assessments on the same basis as for the last year for
which an Assessment was made until a new Assessment is made, at
which time any shortfalls in collections may be assessed retroactively
by the Association.
ARTICLE
5.
PROPERTY RIGHTS OF OWNERS
5.1.
Owners:Easements of Enjoyment. Every
Owner shall have a nonexclusive easement for the use and enjoyment
of the Open Space and the Common Area
which shall be appurtenant to and shall pass with the title to
every Lot, subject to the easements set forth in this Article.
5.2.
Delegation
of Use. Any Owner may
delegate, in accordance with the Wilson Ranch Documents, his right
of enjoyment in the Common Area, Open Space and facilities to his
tenants, employees, family, guests or invitees.
5.3.
Recorded
Easements. The Property,
and all portions thereof, shall be subject to all easements shown
on any recorded Plat affecting the Property, or any portion thereof,
and to any other easements of record or of use as of the date of
recordation of the Original Declaration.
5.4.
Easements
for Encroachments. The
Property, and all portions thereof, shall be subject to an easement
of up to three feet from the Lot lines or Common Area boundaries
or Open Space boundaries for the actual extent of encroachments
created by construction as designed or constructed by the Declarant
or any Owner and for settling, shifting, and movement of any portion
of the Property, except that no such easement is created for an
encroachment which is the result of willful conduct or gross negligence
on the part of Declarant, an Owner, a tenant, the Association,
or any other person or entity.A
valid easement for any encroachments and for their maintenance
shall exist.Such encroachments shall not be considered
to be encumbrances upon any part of the project.Encroachments referred
to include, but are not limited to, encroachments caused by error
(other than gross negligence) in the original construction
of Improvements on any Lot, by settling, rising, or shifting of
the earth, or by changes in position caused by repair or reconstruction
of any Improvements on the Property.
5.5.
Utility
Easements. There is
hereby created a general easement upon, across, over, in, and
under the Property for ingress and egress and for installation,
replacement, repair, and maintenance of all utilities, including
but not limited to water, sewer, gas, telephone, and electrical
systems.By virtue of this
easement, it shall be expressly permissible and proper for the
companies providing electrical and telephone and other communication
services to install and maintain necessary equipment on the Property
and to affix and maintain electrical, communications, and telephone
wires, circuits, and conduits under the Property.No
water, sewer, gas, telephone, electrical, cable TV, or communications
lines, systems, or facilities may be installed or relocated on
the surface of the Property unless approved by Declarant prior
to termination of the Class B membership, or after such termination,
by the Design Review Committee.Such utilities temporarily may be
installed above ground during construction, if approved by the
Declarant
or the Design Review Committee as stated above.Any
utility company using this general easement shall use its best
efforts to install and maintain the utilities provided for without
disturbing the uses of the Owners, the Association, and the Declarant;
shall prosecute its installation and maintenance activities as
promptly and expeditiously as reasonably possible; and shall restore
the surface to its original condition as soon as possible after
completion of its work.Should
any utility company furnishing a service covered by the general
easement request a specific easement by separate recordable document,
either Declarant or the Association shall have, and are hereby
given, the right and authority to grant such easement upon, across,
over, or under any part or all of the Property without conflicting
with the terms of this Declaration.This general easement shall
in no way affect, avoid, extinguish, or modify any other recorded
easement on the
Property.
5.6.
Reservation
for Expansion. Declarant
hereby reserves to itself and for Owners of Lots and Tracts in
any future phase of Wilson Ranch a perpetual easement and right-of-way
for access over, upon, and across the Property for construction,
utilities, drainage, ingress and egress, and for use of the Open
Space.The location of
these easements and rights-of-way must be documented by Declarant
or the Association by recorded instruments.
5.7.
Reservation
of Easements, Exceptions, and Exclusions. Declarant
reserves to itself and hereby grants to the Association the concurrent
right to establish from time to time, by declaration or otherwise,
utility and other easements, permits, or licenses over the Common
Area, for purposes including but not limited to streets, paths,
walkways, drainage, recreation areas, parking areas, ducts, shafts,
flues, conduit installation areas, and to create other reservations,
exceptions, and exclusions for the best interest of all the Owners
and the Association, in order to serve all the Owners within Wilson
Ranch as initially built and expanded.Declarant further reserves
the right to establish from time to time, by dedication or otherwise,
utility and other
easements, and to create other reservations, exceptions, and exclusions
convenient or necessary for the use and operation of any other
property of the Declarant, as long as such action does not hamper
the enjoyment of Wilson Ranch as built or expanded, by the Owners.
5.8.
Emergency
Easement. A general
easement is hereby granted to all police, sheriff, fire protection,
ambulance, and all other similar emergency agencies or persons
to enter upon all roads and upon the Property in the proper performance
of their duties.
5.9.
Maintenance
Easement. An easement
is hereby reserved to the Declarant, and granted to the Association,
and any member of the Board of Directors or Manager, and their
respective officers, agents, employees, and assigns, upon, across,
over, in, and under the Lots and Tracts, and a right to make such
use of the Lots and Tracts, as may be necessary or appropriate
to make emergency repairs or to perform the duties and functions
which the Association is obligated or permitted to perform pursuant
to the Wilson Ranch Documents, including the right to enter upon
any Lot for the purpose of performing maintenance to the landscaping
or the exterior of Improvements to such Lot as required by the
Wilson Ranch Documents.
5.10.
Drainage
Easement. An easement
is hereby reserved to Declarant and granted to the Association,
its officers, agents, employees, successors, and assigns to enter
upon, across, over, in, and under any portion of the Property for
the purpose of changing, correcting, or otherwise modifying the
grade or drainage channels of the Property so as to improve the
drainage of water.Best
efforts shall be made to use this easement so as not to disturb
the uses of the Owners, the Association and the Declarant, as applicable,
to the extent possible, to prosecute such drainage work promptly
and expeditiously, and to restore any areas affected by such work
to a sightly and usable condition as soon as reasonably possible
following such work.
5.11.
Irrigation. Certain irrigation ditches
cross Lots within rights-of-way shown on the Plats.The
beneficiary of such rights-of-way is hereby granted the right to
maintain these ditches within said easements and to enter upon
Lots as necessary to perform such maintenance.
5.12.
Declarant's
Rights Incident to Construction. Declarant,
for itself and its successors and assigns, hereby retains a right
and easement of ingress and egress over, in, upon, under, and across
the Open Space and Common Area and the right to store materials
thereon and to make such other use thereof as may be reasonably
necessary or incident to the construction of the Improvements on
the Property or other real property owned by Declarant; provided,
however, that no such rights shall be exercised by Declarant in
such a way as to unreasonably interfere with the occupancy, use,
enjoyment, or access to an Owner's Lot by that Owner or his family,
tenants, employees, guests, or invitees.
5.13.
Easements
Deemed Created. All
conveyances of Lots made after the date of recording of this Declaration
whether by Declarant or otherwise, shall be construed to grant
and reserve the easements contained in this Article 5, even
though no specific reference to such easements or to this Article 5
appears in the instrument for such conveyance.
5.14.
Partition
or Combination of Lots. No
part of a Lot may be partitioned or separated from any other part
thereof, and no Lots may be combined, except as provided in this
Section.A Lot may be subdivided into two Lots; or two or more Lots
may be combined into one, only with the written consent of Declarant
in its sole discretion (or of the Association after the termination
of Class B membership) and full compliance with all applicable
state and county zoning and subdivision regulations.Declarant's
consent shall be conditioned upon payment by the Owner or Owners
concerned of all expenses incident to giving the consent, including
legal and accounting fees. Every agreement and recorded instrument
for partition or combination of Lots shall make adequate adjustment
of voting rights and liability for payment of Assessments appurtenant
to or imposed on such Lots.Whether partitioned, combined, or unchanged,
each Lot shall be conveyed, transferred, gifted, devised, bequeathed,
encumbered,
or otherwise disposed of, as the case may be, with all appurtenant
rights and interests created by law or by this Declaration, including
the Owner's membership in the Association and the right to use
the Open Space, and with the appropriate adjustments to the voting
rights, as provided in Section 3.4 above, and liability for
Assessments as established for such type of Lot by the Board of
Directors being made as applicable.
5.15.
No
Partition of Common Area. The
Common Area shall be owned by the Association, and no Owner shall
bring any action for partition or division of the Common Area.By
acceptance of a deed or other instrument of conveyance or assignment,
each Owner shall be deemed to have specifically waived such Owner's
rights to institute or maintain a partition action or any other
action designed to cause a division of the Common Area, and this
section may be pleaded as a bar to any such action.Any
Owner who shall institute or maintain any such action shall be
liable to the Association, and hereby agrees to reimburse the Association
for its costs, expenses, and reasonable attorneys' fees in defending
any such action.
ARTICLE
6.
DESIGN REVIEW COMMITTEE
6.1.
Membership. There is hereby established
a Design Review Committee which shall be responsible for the establishment
and
administration of Design Guidelines to carry out the purposes and
intent of this Declaration.The Committee shall be composed of three
(3) persons, who need not be Members of the Association.All of
the members of the Committee shall be appointed, removed,
and replaced by Declarant in its sole discretion, until such time
as the Class B membership is terminated, and at that time the Board
of Directors shall succeed to Declarant’s right to appoint, remove,
or replace the members of the Committee.
6.2.
Purpose. The Committee shall review,
study and either approve or reject proposed Improvements on the
Property, all in
compliance with this Declaration and as further set forth in the
rules and regulations of the Committee and the Design Guidelines
adopted and established from time to time by the Committee.
6.2.1 The Committee
shall exercise its best judgment to see that all Improvements conform
and harmonize with any existing structures as to external design,
quality and type of construction, materials, color, location within
the Building Envelope, height, grade and finished ground elevation,
and all aesthetic considerations set forth in this Declaration
or in the Design Guidelines.
6.2.2 No Improvement
on the Property shall be erected, placed or altered on any Lot
nor shall any construction be commenced until plans for such Improvement
shall have been approved by the Committee; provided, however, that
improvements and alterations which are completely within a Building
may be undertaken without such approval.
6.2.3 The actions of
the Committee in the exercise of its discretion by its approval
or disapproval of plans and other information submitted to it,
or with respect to any other matter before it, shall be conclusive
and binding on all interested parties subject to appeal as provided
in the Bylaws.
6.3.
Organization
and Operation of Committee.
6.3.1 Term. The term of office of each member of the Committee,
subject to Section 6.1, shall be one year, commencing January
1 of each year, and continuing until a successor shall have been
appointed.Should a Committee member die, retire, become
incapacitated, or in the event of a temporary absence of a member,
a successor may be appointed as provided in Section 6.1.
6.3.2 Chairman. So long as Declarant appoints the Committee,
Declarant shall appoint the chairman.At
such time as the Committee is appointed by the Board of Directors,
the chairman shall be elected annually from among the members of
the Committee by majority vote of said members.
6.3.3 Operations. The chairman shall take charge of and conduct
all meetings and shall provide for reasonable notice to each member
of the Committee prior to any meeting.The
notice shall set forth the time and place of the meeting, and notice
may be waived by any member.In
the absence of a chairman, the party responsible for appointing
or electing the chairman may appoint or elect a successor, or if
the absence is temporary, a temporary successor.
6.3.4 Voting. The affirmative vote of a majority of the
members of the Committee shall govern its actions and be the act
of the Committee.A quorum
shall consist of a majority of the members.
6.3.5 Expert Consultation. The Committee may avail itself of
technical and professional advice and consultants as it deems
appropriate.
6.4.
Expenses. Except as provided below, all
expenses of the Committee shall be paid by the Association.The
Committee shall have the right to charge a fee for each application
submitted to it for review, in an amount which may be established
by the Committee from time to time, and such fees shall be collected
by the Committee and remitted to the Association to help defray
the expenses of the Committee's operation.Until
January 31, 20__, the filing fee shall not exceed $500 per
dwelling unit, but may be subject to reasonable increase after
that date as determined by the Board on recommendation from the
Committee.
6.5.
Design
Guidelines and Rules. The
Committee shall adopt, establish, and publish from time to time
Design Guidelines, which shall be a Wilson Ranch Document.The
Design Guidelines shall not be inconsistent with this Declaration,
but shall more specifically define and describe the design standards
for Wilson Ranch and the various uses within Wilson Ranch.The
Design Guidelines may be modified or amended from time to time
by the Committee.Further,
the Committee, in its sole discretion, may excuse compliance with
such requirements as are not necessary or appropriate in specific
situations and may permit compliance with different or alternative
requirements.Compliance
with the Wilson Ranch design review process is not a substitute
for compliance with Okanogan County building, zoning, and subdivision
regulations, and each Owner is responsible for obtaining all approvals,
licenses, and permits as may be required prior to commencing construction.
6.6.
Procedures. As part of the Design Guidelines
and Rules, the Committee shall make and publish such rules and
regulations
as it may deem appropriate to govern its proceedings.Appeals
shall be conducted as provided in the Bylaws.
6.7.
Limitation
of Liability. The Committee
shall use reasonable judgment in accepting or disapproving all
plans and specifications submitted to it.Neither
the Committee nor any individual Committee member shall be liable
to any person for any official act of the Committee in connection
with submitted plans and specifications, except to the extent the
Committee or any individual Committee member acted with malice
or wrongful intent.Approval
by the Committee does not necessarily assure approval by the appropriate
governmental agency for Okanogan County, Washington.Notwithstanding
that the Committee has approved plans and specifications, neither
the Committee nor any of its
members shall be responsible or liable to any Owner, developer,
or contractor with respect to any loss, liability, claim, or expense
which may arise by reason of such approval of the construction
of the Improvements.Neither the Board, the Design Review Committee,
or any agent thereof, nor Declarant or any of its partners, employees,
agents, or consultants shall be responsible in any way for any
defects in any plans or specifications submitted, revised or approved
in accordance with the provisions of the Wilson Ranch Documents,
nor for any structural or other defects in any work done according
to such plans and specifications.In all events the Committee shall
be defended and indemnified by the Association in any such suit
or proceeding
which may arise by reason of the Committee's decision.The Association,
however, shall not be obligated to indemnify each member of the
Committee to the extent any such
member of the Committee shall be adjudged to be liable for negligence
or misconduct in the performance of his duty as a member of the
Committee, unless and then only to the extent that the Court in
which such action or suit may be brought shall determine upon application
that, despite the adjudication of liability but in view of all
circumstances of the case, such person is fairly and reasonably
entitled to indemnification for such expense as such court shall
deem proper.
6.8.
Certificate
of Compliance. Upon
payment of a reasonable fee established from time to time by the
Board, and upon written request of any Owner or his agent, an existing
or prospective Mortgagee, or a prospective grantee, the Committee
shall issue an acknowledged certificate, in recordable form, setting
forth generally whether, to the best of the Committee's knowledge,
the Owner is in violation of any of the terms and conditions of
the Wilson Ranch Documents.Unless
such request shall be complied with within 30 days after receipt
of the request, it shall be conclusively presumed that the Owner
and the Owner's Improvement are in conformance with all the terms
and conditions subject to the control of the Committee.
ARTICLE
7.
CONSTRUCTION AND ALTERATION OF IMPROVEMENTS
7.1.
General. The Design Guidelines and the
general restrictions set forth in this Declaration shall govern
the right of an Owner,
developer, or other entity to construct, reconstruct, refinish,
alter or maintain any Improvement upon, under, or above any of
the Property (except as provided in Section 6.2.2 above),
and to make or create any excavation or fill on the Property, or
make any change in the natural or existing surface contour or drainage,
or install any utility line or conduit on or over the Property.
7.2.
Approval
Required. Except to
the extent permitted in Section 6.2.2 above, any construction
or reconstruction, or the refinishing or alteration of any part
of the exterior of any Building or other Improvement on the Property
is absolutely prohibited until and unless the Owner or developer
first obtains approval from the Design Review Committee and otherwise
complies with the provisions of this Declaration.All Improvements
shall be constructed only in accordance with approved plans.
7.3.
Building
Envelopes. Building
Envelopes on any lakeside cabin Lot shall not exceed 4,000 square
feet.Building Envelopes on any single-family Lot
shall not exceed 7,000 square feet.In
connection with construction of any Building, no clearing of native
vegetation outside of the approved Building Envelope, except for
access roads shall be allowed unless in accordance with the approved
Forest Management Plan as approved by Okanogan County or as such
clearing is approved by the Okanogan County Office of Planning
and Development or any successor agency.
7.4.
Landscaping
Plan. Specifically
included as part of the plans and specifications to be submitted
to the Design Review Committee as part of construction of Improvements
within the Property shall be a landscaping plan.Such
plan shall be designed to encourage water conservation through
the use of native and drought resistant vegetation and shall be
harmonious with the natural setting of Wilson Ranch.In
addition to approval by the Committee, any removal of native vegetation
within fifty (50) feet of State Route 20 or internal roads
within Wilson Ranch (other than normal maintenance) shall require
prior approval of the Department of Public Works and the Office
of Planning and Development of Okanogan County; provided, however,
that County approval of Building Envelopes for single-family residences
and cabin sites shall represent approval to remove native vegetation
within fifty (50) feet of internal roads, to the extent such Envelopes
are located within fifty (50) feet of such roads.
7.5.
Deemed
Nuisances. Every violation
of this Declaration is hereby declared to be and to constitute
a nuisance, and every public or private remedy allowed for such
violation by law or equity against a Member shall be applicable.This
Declaration may be enforced as provided below.
7.6.
Removal
of Nonconforming Improvements. The
Association, upon request of the Committee and after reasonable
notice to the offender and to the Owner, may remove any Improvement
constructed, reconstructed, refinished, altered, or maintained
in violation of this Declaration, and the Owner of the Improvement
shall immediately reimburse the Association for all expenses incurred
in connection with such removal.
7.7.
Construction
Methods. Specific rules
regarding construction methods, including but not limited to excavation,
drainage, utility lines, loading areas, waste storage, trash removal,
materials storage, and transformers and meters, shall be set forth
in the Design Guidelines, and all Owners shall comply with those
rules.
ARTICLE
8.
PROPERTY USE RESTRICTIONS
8.1.
General
Restriction. The Property
shall be used only for the purposes set forth in this Declaration,
as permitted by the applicable ordinances of Okanogan County, Washington,
and the laws of the State of Washington and the United States,
and as set forth in the Wilson Ranch Documents, amendments, or
specific recorded covenants affecting all or any part of the Property.
8.2.
Motorized
Vehicles. No trucks,
trail bikes, recreational vehicles, motor homes, motor coaches,
snowmobiles, campers, trailers, boats or boat trailers, or similar
vehicles other than passenger automobiles or pickup or utility
trucks with a capacity of one‑half ton or less or any other
motorized vehicles shall be parked, stored, or in any manner kept
or placed
on any portion of the Property except in an enclosed garage or
in designated on-site parking areas.This
restriction, however, shall not be deemed to prohibit commercial
and construction vehicles, in the ordinary course of business,
from making deliveries or otherwise providing service to the Property
or for the initial construction by Declarant or the other Owners.
8.3.
Excavation. No excavation shall be made
except in connection with Improvements approved as provided in
this Declaration.For purposes of this Section, "excavation" shall
mean any disturbance of the surface of the land (except to the
extent reasonably necessary for approved landscape planting) which
results in a removal of earth, rock, or other substance a depth
of more than 18 inches below the natural surface of the land.
8.4.
Utilities. All electrical, telephone,
cable TV and other utility service installations shall be placed
underground.
8.5.
Water
and Sanitation. Each
structure designed for occupancy or use by humans shall be connected
with water and sanitation facilities as shall be made available
by the Association in coordination with Okanogan County, County,
or any other approved utility provider.All
individual water and sanitation facilities constructed as part
of an Improvement shall be subject to review by the Design Review
Committee to ensure incorporation of water conservation measures
such as low‑flow fixtures and appliances.All owners shall
comply with the water conservation program for Wilson Ranch, as
described in the Design Guidelines
or other documentation from time to time.Without
limiting the effect or scope of the water conservation program,
such compliance shall include limiting outdoor irrigation as required
by Okanogan County or the Association, limiting average annual
water use for residential units within Wilson Ranch (i.e., single
family homes or cabins but excluding hotel or other non-residential
uses) to 750 gallons per day per unit, and observing other conservation
measures that may be required by the Association.
8.6.
Wells. No well shall be dug, nor shall
storage tanks, reservoirs, or any installation of power, telephone,
or other utility
lines (wire, pipe, or conduit) be made or operated anywhere on
the Property except in connection with water wells and works operated
by the Association, public agencies, or duly certified public utility
companies.
8.7.
Signs. No signs of any kind shall be
displayed to the public view on or from any portion of the Property
except those
signs approved by the Design Review Committee, or signs of Declarant
or its affiliates or assigns, or signs required by law.
8.8.
Animals
and Pets. No animals,
livestock, or poultry of any kind shall be kept, raised, or bred
on any portion of the Property, except dogs, cats, or other household
pets (the kind and number of which may be regulated, permitted,
or prohibited from time to time by the Wilson Ranch Rules).In
order to protect the wildlife which is native to Wilson Ranch,
all dogs belonging to residents, occupants, guests, or any other
person lawfully on the Property shall be kenneled, leashed, or
under direct human supervision at all times and not allowed to
roam freely.Household
pets, such as dogs and cats, must be contained within the Owner's
Lot, and such pets may not be permitted to run at large at any
time. Owners may not construct a free-standing fenced run, dog
kennel or other outdoor enclosure designed for domestic animals
within their Building Envelope.
8.9.
Drainage. No Owner shall do or permit
any work, construct any Improvements, place any landscaping, or
suffer the existence
of any condition whatsoever which shall alter or interfere with
the drainage pattern for the Property, except to the extent such
alteration and drainage pattern is approved in writing by the Committee
or the Board of Directors, and except for rights reserved to Declarant
to alter or change drainage patterns.
8.10.
Trash. No trash, ashes, garbage or other
refuse shall be thrown or dumped on any land or area within the
Property.There shall be no burning or other disposal
of refuse out of doors.Each
Owner shall provide suitable receptacles for the temporary storage
and collection of refuse disposal of which shall be provided either
by a licensed solid waste company or the Association, and all such
receptacles shall be screened from the public view and from the
wind and protected from animal and other disturbance.
8.11.
Construction
Regulations of the Design Guidelines. All
Owners and contractors shall comply with the construction regulation
portions of the Design Guidelines.Such
regulations may affect, without limitation, the following:trash
and debris removal; sanitary facilities; parking areas; outside
storage; restoration of damaged property;
conduct and behavior of builders, subcontractors, and Owners’ representatives
on the Property at any time; the conservation of landscape materials;
and fire protection.
8.12.
Blasting. If any blasting is to occur,
the Committee and Declarant shall be informed far enough in advance
to allow
them to make such investigation as they deem appropriate to confirm
that appropriate protective measures have been taken prior to the
blasting.Notwithstanding the foregoing, no approval
of any blasting by Declarant or the Committee shall in any way
release the person conducting the blasting from all liability in
connection with the blasting, nor shall such approval in any way
be deemed to make the Declarant or the Committee liable for any
damage which may occur from blasting, and the person doing the
blasting shall defend and hereby indemnifies Declarant and Committee
from any such expense or liability.Declarant
or the Committee may impose any reasonable restrictions, including
time and date restrictions, on all blasting.
8.13.
Temporary
Structures. No temporary
structures shall be permitted except as may be determined to be
necessary during construction and as specifically authorized by
the Committee.
8.14.
Compliance
with Laws. Subject
to the rights of reasonable contest, each Owner shall promptly
comply with the provisions of all applicable laws, regulations,
ordinances, and other governmental or quasi‑governmental
regulations with respect to all or any portion of the Property.
8.15.
No
Outside Clotheslines .No
laundry or wash shall be dried or hung outside any Building.
8.16.
Parking
and Auto Repair. No
automobiles or other vehicles shall be parked in any road or upon
any portion of the Property except within garages, carports, or
designated parking areas.No work on automobiles or other vehicle
repair shall be performed in any visible or exposed portion of
Wilson
Ranch except in emergencies.
8.17.
Abandoned,
Inoperable or Oversized Vehicles. Abandoned
or inoperable automobiles or vehicles of any kind, except as provided
below, shall not be stored or parked on any portion of the Property."Abandoned
or inoperable vehicle" shall be defined as any vehicle which has
not been driven under its own propulsion for a period of three
weeks or longer; provided, however, this shall not include vehicles
parked by Owners while on vacation.A written notice describing
the "abandoned
or inoperable vehicle" and requesting its removal may be personally
served upon the Owner or posted on the unused vehicle.If
such vehicle has not been removed within seventy-two (72) hours
after notice has been given, the Association shall have the right
to remove the vehicle without liability, and the expense of removal
shall be charged against the Owner."Oversized" vehicles,
for purposes of this Section, shall be vehicles which are too high
to clear the entrance to a residential garage.All
unsightly or oversized vehicles, snow removal equipment, garden
maintenance equipment, and all other unsightly equipment and machinery
may be required by the Association to be stored at a designated
location or locations.
8.18.
Antennas. No exterior radio, television,
microwave, or other antenna or antenna dish or signal capture and
distribution
device shall be permitted without the prior written consent of
the Design Review Committee and without appropriate screening;
provided, however, that antennas or antenna dishes installed by
Declarant for community or lodge usage shall not require consent
of the Committee.
8.19.
Air
Quality/Fire Prevention. All
Owners shall comply with the air quality program for Wilson Ranch,
as described in the Design Guidelines and other documentation from
time to time.Without limiting the effect or scope of the
Plan, there shall be no exterior fires, except barbecues, and fires
contained within facilities or receptacles and in areas designated
and approved by the Design Review Committee.In
addition, no Owner shall permit any condition upon its portion
of the Property which creates a fire hazard or is in violation
of fire prevention regulations.Violation of the Air Quality Program
is subject to an enforcement action by the Association including,
without
limitation, imposition of fines in accordance with a schedule established
by the Board.
8.20.
Noise. No exterior horns, whistles, bells
or other sound devices, except security devices used exclusively
to protect
the security of the Property or Improvements shall be placed or
used on any portion of the Property.
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