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IMPORTANT NOTE - DISCLAIMER
This document was scanned in from a copy of the original documents. It has been edited only to provide easier navigation for you by using hyperlinks. It should be accurate for researching our covenants to find important information than govern our homeowners' association.
However, this online version has not been completely reviewed for accuracy. Please refer to the paper copy of the CCRs and Amendments given to you at closing for the official documents that govern our Association.
Tip: To search for a key word or phrase, type "Ctrl-F" to get the FIND window and then type in your key word or phrase you are looking for in the document.
If you find errors with this online version, please contact the Board.
Thank you,
Board
of Directors
CCR INDEX
From the Board of Directors SPECIAL NOTICES
Article I DEFINITIONS
Article II PRE-EXISTING RESTRICTIONS
Article III DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT
Article IV DEED AND DEDICATION OF COMMON AREAS
Article V DEED AND DEDICATION OF EASEMENTS
Article VI ADMINISTRATION AND USE OF COMMON AREAS AND COMMON MAINTENANCE AREAS
Article VII MAINTENANCE OF THE COMMON AREAS AND COMMON MAINTENANCE AREAS - DELEGATION OF MANAGEMENT
Article VIII ASSESSMENTS
Article IX MAINTENANCE OF LOTS
Article X HOMEOWNERS ASSOCIATION
Article XI MANAGEMENT BY BOARD
Article XII LAND USE RESTRICTIONS
Article XIII BUILDING RESTRICTIONS
Article XIV UTILITIES
Article XV ARCHITECTURAL CONTROL
Article XVI GENERAL PROVISIONS
Exhibit A LEGAL DESCRIPTION FOR CRYSTAL RIDGE
Exhibit B LEGAL DESCRIPTION FOR THE ESTATES AT CRYSTAL RIDGE
Exhibit C ARCHITECTURAL CONTROL COMMITTEE - Preliminary information worksheet
First Amendment FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
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ES Last revised: 3/02/2007 Dates below are when item were published in the HOA newsletter and / or on this web site |
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Encroachment Concerns
(7/15/02) - The City of
Puyallup has contacted the HOA Board regarding instances of
encroachment into green space within Crystal Ridge. This is
notification to all homeowners/residents of Crystal Ridge that
encroachment is illegal and may result in fines and/or legal action.
1.
Increases their property by extending beyond the property
lines into green space or into an empty lot. The
City of Puyallup strictly enforces the encroachment codes by using
aerial photography to determine encroachment. If you are
encroaching into green space or into an empty lot, it is your
responsibility to return the area beyond your property lines to its
original condition (i.e., natural vegetation and slope). |
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MODIFICATION REQUESTS (5/15/02) - Remember that residents are required by the CC&R's to submit a “Modification Request” for approval by the Board of Directors before you do any exterior modifications to your property -- home painting or additions, fences, sheds, pools, etc. Please review the CC&R's for the requirements. If you have questions, contact the Board via email or letter. Please allow 15 days for review of your request by the Architectural Control Committee (ACC). The Board will notify you of the approval as soon as possible within this time frame. Click for the Modification Request form that you print, fill out and mail to us for approval (see address at top of this page). |
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Blocking Sidewalks is Not Allowed (3/07/02) - It is against the City of Puyallup RCW code to park on and block sidewalks on your property including those that cross your driveway. Besides being illegal in accordance with city code, it is not courteous to other residents who use these sidewalks for walking and running. Please do not park on or block the sidewalk on your property to avoid being cited for this violation. |
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Leash & Scooper Laws (1/12/02) - The City of Puyallup has leash and scoop laws requiring pets to be on a leash and picked up after. The fines can be as high as $475 per offense for allowing your dog to run loose and for not picking up after your dog. Animal Control suggests that you contact them at 841-5595 if you see an animal loose or if you catch it on film. This continues to be a frequent complaint from our residents. Please be a responsible pet owner and keep your dog on a leash, don’t let your dog run loose, and please scoop up after your dog. Thank you for your help. |
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HOA Common Areas (11/25/01) - Common areas in our neighborhood are owned and controlled by the HOA which includes all planter strips along the roadways including trees and landscaping in the strip, all wooded areas and streams, garden areas at the entrances and monuments, the tot lot, etc. Simply said, all property outside of all homeowner’s property boundaries are considered HOA Common areas. If you have any questions concerning this, please contact the Board before investing in a landscaping or modification project. It is illegal for homeowners and residents to encroach on to HOA common areas...it is better to be safe than sorry...so please check with us first. |
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Homeowner Specials (7/14/01) - Recently you may have received mail, email, and/or phone solicitations for specials on home siding, satellite dishes, fences, roofing material and other exterior items. These items are or may be covered by our CCR's and will require a Modification Request for Board approval to be submitted before you accept any of these specials. Please review the Modification Request Form, CCR's Online and your copy of the CCR's you received at closing before your commit to any of these specials. |
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LOCKING MAILBOXES (4/17/01) - If you and your neighbors decide to convert to secure mailboxes, as others have done already, the locking mailbox procedures are found here or you can contact the Board. |
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CRIME, VANDALISM, & DISTURBANCE OF THE PEACE (4/17/01) - These are all very disturbing occurrences especially when you, your family, your friends, or your neighbors are the victim of crime, vandalism, and disturbance of the peace. The Board is aware of some of the crime that occurs in Crystal Ridge but certainly not all of it. When we are made aware of crime that affects the neighborhood, we call the police to file a report for the neighborhood. The Board is limited in many situations since we do not have law enforcement authority except as provided by the CC&Rs. All residents can help to reduce and curtail crime, vandalism and disturbance of the peace by calling the police when you see a crime in progress, when you see suspicious activity, or when you find yourself a victim of a crime. Your immediate action not only helps you but also helps the neighborhood by establishing a record of a crime having been committed and may establish a pattern to help the police catch and prosecute the perpetrators. |
THIS DECLARATION is made on the date hereinafter set forth
by Novastar Enterprises Inc., (“Declarant”), who is the Owner of certain land
situated in the state of Washington, County of Pierce, known as “Crystal
Ridge,” which is more particularly described on the attached Exhibits “A” and
“B” collectively. In order to ensure
preservation of the high quality residential environment at Crystal Ridge,
Declarant agrees and covenants that all land and improvements now existing or
hereafter constructed thereon will be held, sold, conveyed subject to, and
burdened by the following covenants, conditions, restrictions, reservations,
limitations, liens and easements, all of which are for the purposes of
enhancing and protecting the value, desirability and attractiveness of such
lands for the benefit of all of such lands and the Owners thereof and their
heirs, successors, grantees and assigns.
All provisions of this Declaration shall be binding upon all parties
having or acquiring any right, title or interest in such lands or any portion
thereof and shall inure to the benefit of each Owner thereof and to the benefit
of Crystal Ridge Homeowners Association and shall otherwise in all respects be
regarded as covenants running with the land.
For purposes of the Declaration and the Articles of Incorporation and the Bylaws of Crystal Ridge Homeowners Association, certain words and phrases shall have particular meanings as follows:
Section 1. [AMENDED] “Association” shall mean and refer to Crystal Ridge Homeowners Association, its successors and assigns.
Section 2. “Board” shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to the Board during the development period, this term shall also mean the “Temporary Board” or “Declarant” as provided in Article III unless the language or context clearly indicates otherwise.
Section 3. “Properties” shall mean and refer to the real property described with particularity in Exhibit “A” and Exhibit “B” collectively, and such additions to that property which may hereinafter be brought within the jurisdiction of the Association. Said “properties” may also be collectively referred to as “Crystal Ridge.”
Section 4. “Common Areas” shall mean and refer to all of the real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the members of the Association. The Common Areas to be owned by the Association are described as follows:
(a) All “open space” tracts of land to be dedicated to the Crystal Ridge Homeowners Association on the face of each plat map to be recorded within Crystal Ridge.
(b) All other “non-buildable” Lots or tracts of land specifically to be dedicated to the Crystal Ridge Homeowners Association on the face of each plat map to be recorded within Crystal Ridge, or to be deeded to the Association by separate legal instrument.
Section 5. [AMENDED] “Common Maintenance Areas” shall mean those portions of all real property (including the improvements thereto) maintained by the Association for the benefit of the members of the Association. The areas to be maintained by the Association are described as follows:
(a) All Common Areas as set forth in Section 4 above.
(b) Landscaping, irrigation and entry identification signage to be installed at the 23rd Avenue S.E. intersection with Shaw Road, and along the open space frontage on 15th Avenue East, as well as landscaping, irrigation and entry identification to be installed for THE ESTATES.
(c) The 7.5-foot wide landscape planter strip with street trees and associated irrigation improvements in the street right-of-way within “The Estates at Crystal Ridge” including both sides of all streets, AND the 7.5-foot wide landscape planter strip with street trees, irrigation and landscaping in those sections of the street right-of-way in Crystal Ridge which do not front on lots.
(d) Any landscaping improvements installed within any storm drainage tracts dedicated to the City of Puyallup.
(e) Common maintenance areas set forth in the Covenants, Conditions & Restrictions for Janelle Estates under Recording No. 9205190361, at such time as the Janelle Estates Homeowners Association is dissolved and the members of the Janelle Estates Homeowners Association are subsequently incorporated into the Crystal Ridge Homeowners Association.
Section 6. [AMENDED] “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. Common Areas and Common Maintenance Areas shall not be regarded as Lots.
Section 7. “Declarant” shall mean and refer to Novastar Enterprises Inc., or the successor designated by Novastar Enterprises Inc. during the development period, as defined herein, which shall be at Novastar Enterprises Inc.’s sole and exclusive discretion.
Section 8. “Architectural Control Committee” shall mean and refer to the duly appointed or elected Committee of the Board of Directors as outlined in Article XV of this Declaration, hereinafter referred to as the “Committee.”
Section 9. “Development Period” shall mean and refer to that period of time as defined in Article III of this Declaration.
Section 10. [AMENDED] “Plat” shall mean and refer to the plat of Crystal Ridge, and all divisions thereof, as approved by the City of Puyallup and to be recorded in Pierce County, Washington, together with that certain real property referred to in the Covenants, Conditions and Restrictions for Janelle Estates as described under Recording No. 9205190361, Records of Pierce County, Washington, excepting therefrom Lots 3 and 4 of the Novastar Short Plat, which -are hereby exempted from this Declaration. (All of said properties are legally described on Exhibit “A” and Exhibit “B” attached hereto).
Section 11. “Residence” shall mean and refer to buildings occupying any Lot.
Section 12. “The Estates at Crystal Ridge” hereinafter referred to as “THE ESTATES” shall mean and refer to that certain division of Crystal Ridge more particularly described by the legal description on the attached Exhibit “B” hereto.
Section 13. [AMENDED] “Owner” shall mean and refer to the record Owner, whether one or more persons or entities, of (1) a fee simple title to any Lot which is a part of the Properties (but excluding those persons or entities, such as real estate contract sellers, having record title merely as security for the performance of an obligation), or (2) the Purchaser under a real estate contract prior to issuance of the fulfillment deed for the contract.
Section 14. “Crystal Ridge” shall mean and refer collectively to the “properties” described in Section 10 of this Article I.
[AMENDED]
If the Properties covered by this Declaration are already affected by previous covenants, restrictions, conditions, and encumbrances (collectively “prior restrictions”), the Properties will continue to be subject to such prior restrictions to the extent the prior restrictions are valid and legally enforceable.
Section 2. Notice to Owners. Not less than ten (10) nor more than thirty (30) days prior to the termination of the development period, the Declarant shall give written notice of the termination of the development period to the Owner of each Lot. Said notice shall specify the date when the development period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provisions of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of five (5) Lots shall constitute a quorum. The Board of Directors and Officers of the Association may be elected by a majority vote in said quorum. If a quorum shall not be present, the development period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association.
Section 3. Declarant may in Declarant’s sole discretion, and at such times as the Declarant deems appropriate (including in the Articles of Incorporation of the Association, if the Declarant is the Incorporator of the Association), appoint three persons who may be Lot Owners, or are representatives of corporate entities or other entities which are Lot Owners, as a Temporary Board. This Temporary Board shall be for all purposes the Board of Directors of the Association, and shall have full authority (including the authority to adopt or amend the initial or subsequent Bylaws of the Association) and all rights, responsibilities, privileges and duties to manage the Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws. Provided that, after selecting a Temporary Board, the Declarant, in the exercise of the Declarant’s sole discretion, may at any time terminate the Temporary Board and reassume the Declarant’s management authority under Article III or select a new Temporary Board under this section of Article III. When the Declarant has appointed a Temporary Board, the Temporary Board, during the development period, shall have, and may fully exercise, any power or authority granted to the Permanent Board after the development period.
Section 4. So long as no Temporary Board is managing the Properties or until such time as the first permanent Board is elected, should Declarant choose not to appoint a Temporary Board, Declarant or a managing agent selected by the Declarant shall have the power and authority to exercise all the rights, duties and functions of the Board and generally exercise all powers necessary to carry out the provisions of this Declaration, including, but not limited to, enacting reasonable administrative rules, contracting for required services, obtaining property and liability insurance, collecting and expending all assessments and Association funds, and enforcing this Declaration (including foreclosing any liens provided for by this Declaration). Any such managing agent or the Declarant shall have the exclusive right to contract for all goods and services, payment for which is to be made from any monies collected from assessments. In the event that Association expenses exceed assessments, any monies provided by Declarant for Association expenses that would otherwise be paid for out of Association assessments shall be considered a loan to be repaid to Declarant through regular or special assessments from the Association, together with interest at 12 percent (12%) per annum.
Section 5. These requirements and covenants are made to ensure that the Properties will be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Acceptance of an interest in a Lot evidences acceptance of this management authority in Declarant.
Section 6. Declarant shall have the management authority granted by this Article III notwithstanding anything in this Declaration to the contrary. Declarant, as the Incorporator of the Association, may cause the Association to be incorporated, the Temporary Board to be appointed either in the Articles of Incorporation of the Association or by separate written instrument, to terminate the Temporary Board and reassume the Declarant’s management authority under this Article III, reappoint successor Temporary Boards, or take any other action permitted by this Article III, all without affecting the authority given the Declarant by this Article III to manage the Property and organize the Association at the Declarant’s sole discretion.
[AMENDED]
Section 1. Declarant shall transfer, convey and grant title to all of the Common Areas of the Properties to the Association as each final plat map for a division of Crystal Ridge is recorded for the common use and enjoyment of the Association and the Owners in accordance with the terms and conditions of this Declaration, reserving however, to the Declarant for the benefit of Declarant, his successors and assigns, those certain rights of use, ingress, egress, occupation and control indicated elsewhere in this Declaration for the duration of the development period, at which time this reservation shall cease and then be of no further force and effect.
Section 1. Declarant shall transfer and convey to the Association as each final plat map for a division of Crystal Ridge is recorded, for the common use and enjoyment of the Association and the Owners, all easements created thereby for the purpose of landscaping, utilities, and access, reserving, however, to Declarant for the benefit of Declarant, its successors and assigns, an equal right to utilize all easements. The Declarant’s and Association’s right to use such easements are subject to the right of the public to use rights-of-way which have been dedicated as public roads and are open to public access, including emergency vehicle access.
[AMENDED]
Section 1. Owners’ Easements of Enjoyment. Every Owner shall have a right in easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by a real estate contract purchaser), to every Lot subject to the following provisions:
(a) The right of the Declarant or the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Areas, and to establish use and operation standards for all Common Areas to be binding on all Association Members along with enforcement standards.
(b) The right of the Declarant (during the development period) or the Association (after the development period) to suspend an Owner’s right to vote and to use any recreational facilities for any period during which assessments against his or her Lot remain unpaid and for a period, not to exceed 60 days, for any, and each separate, infraction of its published rules and regulations.
(c) The right of the Declarant (during the development period) or the Association (after the development period) to dedicate, transfer, or encumber all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as the Declarant or Members, as applicable, may deem appropriate. During the development period, any such dedication or transfer of all or any part of the Common Areas pursuant to this Section may be made by the Declarant in the Declarant’s sole discretion. After the development period, no such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer, signed by the Owners of two-thirds (2/3) of the Lots, has been recorded.
[AMENDED]
Section 2. Insurance. Nothing shall be done or kept in any Common Areas which will increase the rate of insurance on the Common Areas or other Lots or Improvements without the prior written consent of the Board. Nothing shall be done or kept in any Common Areas which will result in the cancellation of insurance on any part of the Common Areas or which would be in violation of any laws or ordinances.
Section 3. [AMENDED] Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from any Common Maintenance Areas except upon prior written consent of the Committee. There shall be no construction of any kind within the Common Areas except that community improvements may be constructed if two-thirds (2/3) of the members of the Association authorize (1) the construction of such improvements and (2) assessments for such improvements. Also, any such improvements would be subject to the acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no member consent shall be necessary), during the development period, from constructing or altering any such improvements to any Common Areas or Common Maintenance Areas, which the Declarant in Declarant’s sole discretion, deems for the benefit and enhancement of said areas and the Association in general.
Section 4. [AMENDED] Dumping in Common Areas, Common Maintenance Areas, or Native Growth Protection Easements. No trash, construction debris or waste, plant or grass clippings or other debris of any kind, nor hazardous waste (as defined in any federal, state, or local law or regulation) shall be dumped, deposited or placed on any Common Areas or Common Maintenance Areas.
Section 5. Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls, or shrubs, may be built or placed within any right-of-way or easements as delineated on the plat except as deemed appropriate by the Committee. This prohibition shall not apply to the landscape and fence/monument sign improvements in the Common Maintenance Areas installed by Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated Common Areas or Common Maintenance Areas, nor shall this section prohibit the installation of fences by Lot Owners on property lines as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private Lot areas encumbered by utility easements not otherwise restricted in this Declaration as to landscaping. Also, this prohibition shall not apply to landscaping of front or side yard areas of Lots extending up to the edge of the curb or sidewalk in the public right-of-way as further set forth in Article XII, Section 12 of this Declaration.
Section 1. Maintenance of Common Areas. Maintenance of the Common Areas and Common Maintenance Areas and all improvements thereon shall be the sole responsibility of the Association and shall include, but not be limited to, maintenance of the Common Areas and Common Maintenance Areas. This maintenance responsibility shall commence as soon as each respective improvement by Declarant has been completed during the development period. All maintenance of Lots and Residences located on Properties shall be the sole obligation of the Owner, provided, however, the Association may, from time to time, provide certain common maintenance of Lots and Residences as may be determined to be in the best interests of all Owners. The Association shall maintain and regulate the use of Common Areas for the benefit of each Lot within the plat, and shall do all things necessary to preserve and maintain the Common Areas for the purpose intended. It shall be the responsibility of the Association to maintain said common areas and any improvements thereon to preserve the value of said common areas for the use and enjoyment of the Members of the Association in accordance with all restrictions and limitations established for said common areas through this Declaration, the laws and ordinances of Puyallup, Washington, and all other applicable statutes and regulations. The Declarant, during the development period, and the Board following the development period, shall have the exclusive right to establish use and operation standards for said Common Areas to preserve the value and desirability of said Common Areas for the enjoyment of the Members of the Association.
Section 2. Responsibility for Maintaining Common Maintenance Areas. The Association is responsible for maintaining and preserving the character of areas designated on the face of the plat as Common Maintenance Areas, or as defined in this Declaration as Common Maintenance Areas. Common Maintenance Areas have been set aside for landscaping and community identification purposes.
Section 3. Repair of Common Areas and Common Maintenance Areas. Any damage to the Common Areas or Common Maintenance Areas or improvements thereon, including landscaping plantings, fences, berms, etc., by the Owners or their children shall be repaired within one (1) week by the Owners who (or whose children) caused the damages. If the damage cannot reasonably be repaired within one week, the time for the Owner to repair the Property shall be extended to the time reasonably required to repair the Property, provided that the Owner promptly begins, and diligently pursues, the repair of the damage. If such repairs are not made timely, the Association shall execute the repair and the Owner will be obligated to immediately pay the Association or its designee for the repair. If the Owner fails to promptly make payment for such repairs, the Owner will be charged interest at the rate of 12 percent (12%) per annum on the payment due, the payment due shall be a personal liability of the Owner, and the amount of the payment due shall be a lien on the Owner’s Lot.
Section 4. [AMENDED] Maintenance of Planter Areas. It shall be the responsibility of the Association to maintain the 7.5-foot wide landscape planter strips in the right-of-way on each side of each street within THE ESTATES, the entry planter landscaping and signage improvements in all areas of Crystal Ridge, and the 7.5-foot wide landscape planter strips all right-of-way areas in Crystal Ridge which do not front onto lots.
Section 5. Management. Each Owner expressly covenants that the Board and the Declarant, during the development period, and the Board, after the development period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance of Common Areas and Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management shall be terminable by the Association without cause upon 90 days’ written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive periods of up to three (3) years each. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Any fees or salaries applicable to any such management, employment or service agreement shall be assessed to each Owner.
Section 1. Each Owner of any Lot, by acceptance of a deed therefor, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, (2) special assessments for capital improvements, and (3) any assessments made by Declarant pursuant to this Declaration. If the Owner fails to timely pay any assessments within thirty (30) days of the date specified by the Association or Declarant (during the development period), the annual and special assessments, together with any interest, costs and any reasonable attorney fees incurred to collect such assessments, shall be a lien on the land comprising the Lot, and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with any interest, costs and reasonable attorney fees incurred in attempting to collect the easement, shall also be the personal obligation of the person who is the Owner of such Property at the time when the assessment fell due. The personal obligation for delinquent assessments shall continue even if the Owner subsequently transfers legal or equitable title to the Lot; however, the personal obligation for delinquent assessments shall not pass to the delinquent Owner’s successors in ownership of the Lot unless expressly assumed by the successor(s). The Association shall record such liens in the Office of the Pierce County Auditor.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to (a) promote the recreation, health, safety and welfare of the residents of the Properties, and (b) for the improvements and maintenance of the Common Areas and Common Maintenance Areas as provided in Article VI.
Section 3. Annual Assessment. Until January 1993, the annual assessment for Lots in THE ESTATES shall be $360 per Lot. The annual assessment for all remaining Lots in Crystal Ridge shall be $240 per Lot. Twenty-five percent (25%) of each and every annual assessment shall be allocated and paid to the Declarant for plat management services provided by the Declarant (or by a professional management firm hired by Declarant) to the Association. Such allocation of funds to the Declarant shall cease when the development period expires and the Association assumes collection costs, bookkeeping, and other management responsibilities which are described with particularity in the Bylaws of the Association. The balance of the annual assessment shall be used by Declarant during the development period, and by the Association after the development period, for maintenance, repair, and other purposes permitted by this Declaration.
The annual assessment may be increased (after December 31, 1992) during the development period to reflect increased (1) maintenance costs, (2) repair costs, or (3) plat management costs. All increases during the development period must directly reflect increases in the above recited costs. During the development period, the Declarant shall have the authority to reduce the annual assessments if economic data supports such a reduction because of reduced maintenance costs or other anticipated Association expenses.
(a) During the development period, the maximum annual assessment may not be increased each year more than 10 percent (10%) above the maximum assessment for the previous year without a vote of the membership pursuant to Section 3(b) of Article VIII of this Declaration.
(b) After the development period expires, the maximum annual assessment may be increased by more than 10 percent (10%) (over the previous years’ maximum annual assessment) only if two-thirds (2/3) of the members of the Association, who are voting in person or by proxy at a meeting duly called for this purpose, consent to such an increase.
(c) After the development period expires, the Board of Directors shall fix the annual assessment in accord with the above-recited standards.
(a) [AMENDED] Special Assessment for Irrigation Improvements for “The Estates at Crystal Ridge”. For all Lots within “The Estates at Crystal Ridge,” there is hereby levied an initial special assessment applicable only to these Lots, for the purposes of funding the installation of an automatic underground irrigation system which shall provide irrigation for all of the 7.5-foot wide landscape planter strip in the public right-of-way within THE ESTATES, together with corner landscaping to be installed by Declarant adjacent to the entry monuments for THE ESTATES. This special assessment shall be levied for a period of two years beginning in 1993, and terminating in 1994. Each annual assessment shall be $450. Each such special annual assessment shall be due on the 1st of January of each of the calendar years 1993 and 1994.
Not withstanding anything in this Declaration to the contrary, this special annual assessment shall accrue to each of the Lots in THE ESTATES beginning on January 1, 1993, with the first annual special assessment. The Declarant shall be exempt from this annual special assessment. Upon the sale or transfer of each Lot in THE ESTATES by Declarant, the accrued annual special assessments shall become due and payable upon closing. By way of example, if a Lot is transferred or sold by Declarant in calendar year 1994, the full special assessment accrued for years 1993 and 1994, shall be paid at the time of said closing or transfer. For any closing during the calendar year prior to December 31, the new Owner shall be obligated for the full special assessment applicable for that calendar year regardless of when closing takes place prior to December 31 of that calendar year.
These annual special assessments shall be collected and deposited in a separate Homeowners Association account for the express purpose of paying for the cost of installing the entire irrigation system set forth herein for the mutual benefit of all residents within THE ESTATES. This shall include the cost for purchase of materials, payment of any City irrigation meter fees, all construction labor and taxes, together with bonds, insurance, and all applicable expenses thereto as necessary in order to accomplish the installation of this system. Furthermore, it is understood that the installation of this system shall take place in phases as individual sections of the sidewalk and related 7.5-foot wide landscaping improvements are constructed by the respective homeowners as further required in Article XII, Section 12 of this Declaration, or at such other earlier time as may be determined by Declarant.
In the event there are insufficient funds in this special assessment account to enable the Association to pay for the installation of each respective section of said irrigation system, the Declarant, acting on behalf of the Association, may elect to loan the Association the funds necessary to accomplish the required installation either in whole or in part. Any such funds loaned by the Declarant to the Association shall be repaid as soon as funds are available, but in any event within one (1) year from the date such funds are advanced. Furthermore, said loans shall bear interest at the rate of ten percent (10%) per annum until paid.
The Declarant during the development period may levy an additional annual special assessment equally among the Lots within THE ESTATES for the purpose of providing additional funds to accomplish the installation of said irrigation system, to pay any loan fees and interest charges resulting from an advance of funds by Declarant, or to cover any other expenses otherwise related to this installation, including, but not limited to additional improvements for the entry landscaping and monumentation exclusively for THE ESTATES. However, any such election to authorize a subsequent special annual assessment shall be subject to the provisions of Section 4(b) of this Declaration.
In the event that any funds are remaining in the special assessment account for the irrigation system after all irrigation improvements have been installed in THE ESTATES, and after collection of the full amount due for this special assessment applicable to every Lot in THE ESTATES, any amount remaining shall be refunded to all Owners of Lots in THE ESTATES on a pro rata basis among every Lot Owner, after any loans made by Declarant have been repaid in full, together with accrued interest thereon.
(b) Subsequent Special Assessment for Capital Improvements. In addition to the annual assessments authorized in Section 3 above, and the special assessment authorized in Section 4(a) above, the Association (or during the development period, the Declarant) may levy, in any assessment year, a common 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 upon the Common Areas or Common Maintenance Areas not prohibited by this Declaration, including fixtures and personal property related thereto, provided that any such assessment for those capital improvements or repairs exceeding $10,000 shall have the assent of two-thirds (2/3) of the members of the Association who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Ouorum for any Action Authorized Under Sections 3 and 4. Written notice of the place, day, hour and purpose of any meeting called for the purpose of taking any action authorized under Sections 3 and 4(b) of this Article shall be sent to all members not less than thirty (30) days nor more than fifty (50) days in advance of the meeting. At the first meeting called, the presence of 60 percent (60%) of the members of the Association or of proxies entitled to cast 60 percent (60%) of the votes of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement; the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. In the event that a quorum is still not achieved at the second meeting, then the Declarant, during the development period, shall have the sole and exclusive authority to initiate a special assessment and carry out capital improvements more fully described in Section 4 herein without first obtaining the approval of the required number of members of the Association as further defined in Sections 4 and 5 herein.
Section 6. Uniform Rate of Assessment. Both annual and special assessments arising under Article VIII, Sections 3, 4, and 11, must be fixed at a uniform rate for all Lots, provided, however, that, as stated in Article VIII, Section 10, any unimproved Lot owned by the Declarant shall not be subject to any assessments or charges described in this Declaration. Assessments shall be collected on a monthly, bimonthly, quarterly, or annual basis as determined by the Declarant during the development period, or by the Association for periods after the development period.
Section 7. Date of Commencement of Annual Assessment: Due Dates. The annual assessments described in this Article shall commence during the first calendar month following recording of the plat of Crystal Ridge, or any division thereof. If the plat is recorded in divisions, then the annual assessment shall only apply to those Lots recorded within each division based on the date each division is recorded. The first annual assessment for each Lot Owner shall be adjusted according to the number of months remaining in the calendar year calculated from the date of recording of the division in which the Lot is located. After the development period expires, the Board of Directors shall fix the annual assessment. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.
Section 8. Effect of Non-Payment of Assessments, 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 12 percent (12%) per annum. Each Owner hereby expressly vests in the Declarant during the development period, or the Association after the development period, or their agents the rights and powers to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Declarant or to the Association, as applicable, the power of sale in connection with such liens. The liens provided for in this Section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorney fees incurred in collecting past due assessments or enforcing the terms of assessment liens (see Article XVI, Section 5). No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Areas, Common Maintenance Areas or abandonment of his Lot.
The Association shall have the right to suspend the voting rights and enjoyment of Common Areas (see Article VI, Section 1[b]) of an Owner for any period during which any assessment against the Lot remains unpaid and for a period not to exceed sixty (60) days per infraction for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association.
Section 9. Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinate to the lien of any first mortgage or first deed of trust (“first mortgage”). Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, or the first mortgage holders acceptance of a deed in lieu of foreclosure, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall (a) relieve such Lot Owner or Lot from liability for any assessments thereafter becoming due nor from the lien thereof, nor (b) shall relieve the delinquent Owner from personal liability for the amount of the payments which become due prior to such sale or transfer, and for costs and attorney fees.
Section 10. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from the assessments provided for in this Article. Property and Lots within Crystal Ridge owned by Declarant, and all Common Areas, shall be exempt from any and all assessments provided for in this Declaration. This Section shall apply notwithstanding any other provision to the contrary in this Declaration.
Section 11. Management by Declarant During the Development Period. Declarant, at its option, shall have and may exercise all of the rights and powers herein given to the Association. Such rights and powers are reserved by the Declarant, its successors and assigns as provided in Article III. Declarant shall have the right and option to assess Owners for actual costs of maintaining Common Areas, Common Maintenance Areas, and rights-of-way, and to assess a plat management fee during the development period as set forth in Article VIII, Section 3.
[AMENDED]
Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials, and other debris. All landscaping areas, including landscaping extending into the adjacent street right-of-way, shall be regularly maintained and trimmed to present a clean, neat, and well-maintained appearance. All refuse shall be kept in sanitary containers sealed from the view of any Lot; the containers shall regularly be emptied and the contents disposed of off the Properties. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device shall not be prohibited. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles, or other equipment or device shall be permitted in open view from any Lot or right-of-way. (Vehicles, boats, trailers, trucks, campers, and recreational vehicles shall be referred to as “Vehicles.”) This provision shall exclude temporary (less than 24 hours) parking of Vehicles on the designated driveway areas adjacent to garages on the Lots. This paragraph is not meant to disallow permanent (more than 24 hours) parking or storage of Vehicles on the Lots, but if stored, Vehicles shall be adequately screened from view from the adjacent rights-of-way and Lots. Screening of such Vehicles must have the approval of the Committee. Upon 48 hours notice to the Owner of an improperly parked Vehicle, the Board has the authority to have towed, at the Owner’s expense, any Vehicles still visible from the right-of-way or adjacent Residences that have been parked on any Lot or within the right-of-way for more than 24 hours.
Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a Vehicle may secure written permission from the Board for such guests to park the Vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after the written permission has been obtained from the Board.
Section 2. Easements for Enforcement Purposes. Owners hereby grant to the Association an express easement for the purposes of going upon the Lots of Owners for the purpose of removing Vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration.
Section 3. Lot Maintenance by the Association. In the event that an Owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of tile Crystal Ridge community, including maintenance of landscaping required in the adjacent right-of-way as set forth in Article XII, Section 12, the Board shall, upon receipt of written complaint of any Owner and the subsequent investigation which verifies that complaint, have the right through its agents and employees to enter upon the offending Owner’s Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within forty-five (45) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law for enforcement of labor liens and materialman’s liens. In the event that the estimated cost of such repair should exceed one-half of one percent (0.50%) of the County Tax Assessor assessed value of the Lot and improvements on the Lot, the Board shall be required to have the assent of two-thirds (2/3) of the Members before undertaking such repairs.
Section 4. Enforcement During the Development Period. During the development period, the Declarant may elect to exercise and perform the functions of the Board. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant may appoint the Temporary Board to function as provided herein.
Section 1. Non-Profit Corporation. The Association shall be a non-profit corporation under the laws of the state of Washington.
Section 2. Membership. Every person or entity (including Declarant) who is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to, or a real estate contract vendee’s interest in said Lot and then only to the transferee of either the title to the Lot or the vendee’s interest in the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association.
Section 3. [AMENDED] Voting Rights. The Association shall have two (2) classes of voting membership:
Class A: Class A members shall be all Owners, with the exceptions of (i) the Declarant while the Declarant is a Class B member, and (ii) the Owners of Lots described as exempt in the Declaration. Class A members shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they by majority determine, but in no event shall more than one (1) vote be cast with respect to any Lot, nor shall any vote be divided. When more than one person holds an interest in any Lot, all such persons shall unanimously designate (in writing delivered to the secretary of the Association) one of the persons (owning an interest in the Lot) to vote (in person or by proxy) the vote for such Lot.
Class B: Class B member(s) shall be the Declarant (as defined in this Declaration), and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on January 1, 1999. The Declarant shall become a Class A member as to any Lots owned by the Declarant on January 1, 1999.
The voting rights of any Owner may be suspended as provided for either in this Declaration, or in the Articles, or in the Bylaws of the Association. The Declarant, during the development period, or the Association, after the Development period, shall have the right to suspend the voting rights of a member for (i) any period during which any assessment, or any other charge (as defined in Article XVI, Section 6), against the Lot remains unpaid, and (ii) for a period of not to exceed sixty (60) days each for any (and for each separate) infraction of the terms of this Declaration, the Articles or the Bylaws of the Association.
Section 4. Meetings. Meetings shall be conducted in accord with the specifications set forth in the Bylaws of Crystal Ridge Homeowners Association.
Section 1. [AMENDED] Expiration of the Development Period. Upon expiration of the Declarant’s management authority under Article III, all administrative power and authority shall vest in a Board of three directors who need not be members of the Association. The Association, by amendment of the Bylaws, may increase the number of directors. All Board positions shall be open for election at the first annual meeting after termination of the development period under Article III.
Section 2. Terms. The terms which the Board members will serve are defined in the Bylaws.
Section 3. Powers of the Board. All powers of the Board must be exercised in accord with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Properties and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation but not limitation:
(a) Insurance. Obtain policies of insurance for Common Areas and Common Maintenance Areas.
(b) Legal and Accounting Services. Obtain legal and accounting services if necessary to the administration of Association affairs, administration of the Common Areas and Common Maintenance Areas, or the enforcement of this Declaration.
(c) Maintenance. Pay from Association funds, all costs of maintaining the Common Areas and Common Maintenance Areas.
(d) Maintenance of Lots. Subject to the requirements of Article IX, Section 3, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas, or (2) to preserve the appearance and value of the Properties or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot and the Lot for the cost of such maintenance.
(e) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the entire cost of discharging the lien(s) and all of any costs or expenses, including reasonable attorney fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot(s) responsible to the extent of their responsibility.
(f) Utilities. Pay all utility charges attributable to Common Areas and Common Maintenance Areas.
(g) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and Common Areas and Common Maintenance Areas constituting the residential community created on the Properties.
(h) Right to Contract. Have the exclusive right to contract for goods, services, maintenance, and capital improvements provided, however, that such right of contract shall be subject to the provisions of this Declaration.
(i) Improvement of Common Areas and Common Maintenance Areas. Improve the Common Areas and Common Maintenance Areas with capital improvements to such Common Areas and Common Maintenance Areas; provided that for those capital improvements exceeding $10,000, the addition of such capital improvements to the Common Areas and Common Maintenance Areas must be approved by two-thirds (2/3) of the members of the Association who are voting in person or by proxy at a meeting duly called for this purpose (subject to notice and quorum requirements as set forth in Article VIII Section 5 herein). This approval is not required for the special assessment set forth in Section 4(a).
(j) Right of Entry. Enter any Lot or Residence, when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence 24 hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable, and any damage caused thereby shall be repaired by the Board, at the Association’s expense, if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot and against the Owner of the Lot). If the repairs or maintenance activities were necessitated by the Owner’s neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot and against the Owner of that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be specially assessed against the Owner of the other Lot and against the other Lot.
(k) Promulgation of Rules. Adopt and publish any rules and regulations governing the members and their guests and establish penalties for any infraction thereof.
(l) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three (3) consecutive regular meetings of the Board.
(m) Employment of Manager. Employ a manager, as independent contractor, or such other employees as the Board deems necessary and describe the duties of such employees.
(n) Payment for Goods and Services. Pay for all goods and services required for the proper functioning of the Common Areas and Common Maintenance Areas.
(o) Impose Assessments. Impose annual and special assessments.
(p) Bank Account. Open a bank account on behalf of the Association and designate the signatories required.
(q) Exercise of Powers, Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions by the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them.
Section 4. This Article XI is subject to the provisions of Article III.
Section 1. [AMENDED] All Lots within Crystal Ridge shall be used solely for private single-family residential purposes. Private single-family residences shall consist of no less than one (1) Lot, and no Lot shall ever be further subdivided. No Residence shall be constructed which exceeds the allowable height set forth in the City of Puyallup Zoning Code for this zone, or as set forth in Article XII Section 15. Each Residence must have a private enclosed car shelter for not less than two (2) cars. No single structure shall be altered to provide residence for more than one (1) family.
Minimum area requirements for dwelling sizes will be applicable for all construction in Crystal Ridge. Separate dwelling size limitations shall be applicable to THE ESTATES. Every dwelling constructed on a Lot in Crystal Ridge shall meet or exceed the minimum area limitations set forth below:
|
|
THE ESTATES |
All Other Lots in Crystal Ridge |
|
Rambler Style Residence |
1,800 square feet |
1,350 square feet |
|
Multi-Story Residence |
2,200 square feet |
1,700 square feet |
Qualifying Notes:
1. A basement in a rambler-style house will not qualify as a multi-story residence.
2. Daylight basements for rambler-style houses will not qualify as multi-story residences.
3. Tri-level residences shall meet the minimum total square footage requirement for multi-story residences.
4. In computing the total square footage of a residence, basements shall not be included, nor shall garages or enclosed decks be included.
Section 2. No Lot shall be used in a fashion which unreasonably interferes with any other Owner’s right to use and enjoy the other Owner’s Lots. The Board, the Committee designated by it, or the Declarant during the development period, shall determine whether any given use of a Site unreasonably interferes with those rights; such determinations shall be conclusive.
(a) No noxious or offensive activity shall be conducted on any Lot, nor shall anything be done or maintained on the Properties which may become an activity or condition which unreasonably interferes with the rights this Declarant gives other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detracts from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers, mobile homes, recreational vehicles, disabled vehicles of any kind whatsoever, and landscaping which is not properly maintained.
(b) Notwithstanding anything in Section 3(a) of this Article XII to the contrary, during the development period the Declarant may permit trailers (“temporary trailers”) to be placed upon Owner’s Lots to facilitate the sale of the Lots and the construction of residences (and residence-associated improvements) upon the Lots. All such temporary trailers shall be placed only upon either (A) a Lot being sold by the Lot’s Owner, or (B) the Lot upon which a residence is being constructed by the Lot’s Owner. No such temporary trailers shall be placed, without Declarant’s permission, on any other portion of the property described on the attached Exhibits “A” and “B” and the adjacent rights-of-way. The Declarant specifically, in the Declarant’s sole discretion, may (i) completely deny an Owner permission to place a temporary trailer on the Owner’s Lot, (ii) require any temporary trailer placed upon the Lot to be placed in such a location as to minimize view from public rights-of-way or from residences on other Lots, or (iii) impose landscaping requirements which the Declarant, in the Declarant’s sole discretion, may require, to improve the appearance of the temporary trailer on the Lot.
Section 4. [AMENDED] Fences, walls or hedgerows are permitted on side and rear property lines, up to within the greater of (i) 25 feet of the front property line, or (ii) the distance between the front Lot line and the front wall (facade) of the primary Residence, subject to (1) the approval of the Committee and (2) determination whether such fences, walls or hedgerows would interfere with utility easements reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fences, walls or hedgerows be allowed between the front Lot line and the front wall (facade) of the primary Residence. No barbed wire, chain link, or corrugated fiberglass fences shall be erected on any Lot, except that chain link fencing for
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