Declaration of Covenants, Conditions and Restrictions for Dungeness Greens
Last modified
Wednesday, April 6 2005
This document was created from
Clallam County book 1055
Recorded May 17, 1994
Through amendment #5
Every effort was made to ensure that this copy is accurate and consistent with the record copy on file at the Clallam County office. However, errors may creep in during the Optical Character Recognition process. Please refer to a legal record copy as the final authority. Note that amendment 5 was in final signoff form, and not approved when this revision was made.
Table of contents
Section 1. Owners' Easements of Enjoyment.
ARTICLE III - GENERAL DECLARATION
ARTICLE IV - PERMITTED USES AND RESTRICTIONS
Section 2. Permitted uses and restrictions - Single Family.
A. Single Family Residential Use.
D. Utility Service and Lighting.
E. Improvements and Alterations.
G. Trailers and Motor Vehicles.
H. Maintenance of Lawns and Plantings.
I. Maintenance and Repair of Buildings.
K. Trash Containers and Collection.
Q. Restriction on Further Subdivision.
Section 3. Permitted Uses and Restrictions - Common Area
A. Maintenance by Association.
C. Damage or Destruction of Common Area by Owners.
ARTICLE V - THE HOMEOWNERS’ ASSOCIATION
Section 2. Powers and Duties of the Association.
Section 3. The Homeowners’ Association.
Section 4. Personal Liability.
ARTICLE VI - MEMBERSHIP AND VOTING RIGHTS
Section 7. Transfer of Rights.
ARTICLE VII - COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments.
Section 2. Purpose of assessments.
Section 3. Special Assessments For Capital Improvements.
Section 4. Notice and Quorum for any Action Authorized Under Section 4.
Section 5. Uniform Rate of Assessment.
Section 6. Date of Commencement of Annual Assessments’ Due Dates.
Section 7. Effect of Nonpayment of Assessments.
Section 8. Subordination of the Lien to Mortgages
ARTICLE VIII - ARCHITECTURAL CONTROL
Section 1. Organization power of Appointment and Removal of Members.
Section 3. Meetings and Compensation.
Section 4. Architectural Committee Rules
ARTICLE IX - GENERAL PROVISIONS
Section 4. Violations and Nuisance.
Section 6. Remedies Cumulative.
Exhibit A - DESCRIPTION FOR DUNGENESS GREENS
The complete text of Amendment #5 can be read here
Declaration of Covenants, Conditions and
Restrictions for Dungeness Greens
THIS DECLARATION, made on the date hereinafter set forth by Four Plus, Inc., a Washington Corporation, Steven Callis and Gwen Callis, his wife; Joseph Turton and Marilyn Turton, his wife; William H. Clevenger and Janis Clevenger, his wife; James M. Bunger and Barbara J. Bunger his wife; and Richard J. Niichel and Frances M. Niichel, his wife hereinafter referred to as "Declarants".
WITNESSETH:
DECLARANTS, being the owners of certain property in the County of Clallam, State of Washington, which is more particularly described as:
See exhibit A attached.
hereby declare that the Property shall be held, sold, leased and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding upon and shall inure to the benefit of all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns.
Section 1 “Architectural Committee” shall mean the committee created pursuant to ARTICLE VIII hereof.
Section 2 “Architectural Committee Rules” shall mean the rules adopted by the Architectural Committee.
Section 3 “Articles” shall mean the Articles of Incorporation of the Association which are, or shall be filed in the office of’ the Corporation Commission of the State of Washington, as said Articles may be amended from time to time.
Section 4 “Association” shall mean and refer to Dungeness Greens Homeowners’ Association, Inc. a Washington non-profit corporation, it successors and assigns.
Section 5 “Board” shall mean the Board of Directors of the Association.
Section 6 “Bylaws” shall mean the Bylaws of the Association; as such Bylaws may be amended from time to time.
Section 7 “Common Area” shall mean all real property which is or becomes owned or leased by the Association for the common use and enjoyment of the Owners.
Section 8 “Declaration” shall mean the covenants, conditions and restrictions herein set forth in this entire document, as same may from time to time be amended.
Section 9 “Development” shall mean all real property located in the Property together with all real property which hereafter becomes subject to the terms of this Declaration.
Section 10 “Improvement” shall mean the buildings, garages, carports, roads, driveways, parking areas, walks, fences, walls, docks, hedges, plantings, planted trees and shrubs, and all other structures or landscaping improvements of every type and kind.
Section 11 “Lot” shall mean any parcel of real property which is both covered by the Declaration and designated as a Lot on any recorded Subdivision Map or Short Plat property.
Section 12 “Member” shall mean any person, corporation, partnership, joint venture or other legal entity who is a member of the Association.
Section 13 "Owners" shall mean and refer to the record owner, whether one or more persons or entities, of equirable or beneficial title (or legal title if same has merged) of any Lots; provided, however, that as to all Lots which are or become leased for an original term exceeding three (3) years, the Lessees, rather than the record owners, shall, prior to the termination of said leases, be deemed the Owners thereof. “Owners” shall include the purchaser under an executory contract of the improvements on any Lot. The foregoing does not include persons or entities that hold an interest in any Lot merely as security for the performance of an obligation. Except as stated otherwise herein, “Owners” shall not include a lessee or tenant, of a single Family Residence. For the purposes of ARTICLE IV only, unless the context otherwise requires, “Owners” shall also include the family. invitees, lessees and sub lessees of any Owner, together with any other person or parties holding any possessory interest granted by such Owner in any Lot or the improvements thereon.
Section 14 “Property” shall mean and refer to that certain real property described in Exhibit A.
Section 15 “Public Purchaser” shall mean any person or other legal entity who becomes an Owner of any Lot.
Section 16 “The Homeowners’ Association Rules” shall mean the rules adopted by the Board, as they may be amended from time to time.
Section 17 “Single Family” shall mean a group of one or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than three persons not all so related, together with their domestic servants, who maintain a common household in a dwelling.
Section 18 “Single Family Residence” shall mean a building, house, town home, townhouse, or patio home used as a residence for a single family, including any appurtenant garage, carport or similar outbuilding.
Section 19 “Single Family Residential Use” shall mean the occupation or use of a Single Family Residence in conformity with this Declaration and the requirements imposed by applicable zoning laws or other state, county or municipal rules and regulations.
Section 20 “Visible From Neighboring Property” shall mean, with respect to any given object, that such object is or would be visible to a person six feet tall, standing on any part of such neighboring property at an elevation no greater than the elevation of the base of the object being viewed.
Every Owner shall have a right of easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot subject to the following provisions:
(a) The right of the Association to suspend the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of this Declaration or the Homeowners Association Rules;
(b) The right of the Association to dedicate or transfer all or any part of the Common Area or any interest therein to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of Members agreeing to such dedication or transfer has been recorded.
Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or his guests or invitees.
Declarant hereby declares that the Property is and shall be held, conveyed, hypothecated. encumbered, leased, occupied, built upon or otherwise used, improved or transferred in whole or in part, subject to this Declaration, as amended or modified from time to time This Declaration is declared and agreed to be in furtherance of a general plan for the subdivision improvement and sale of said real property and is established for the purpose of enhancing and perfecting the value, desirability and. attractiveness of said real property and every part thereof: All of this Declaration shall run with all of said real property for all purposes and shall be binding upon and inure to the benefit of Declarant, the Association, all Owners and their successors in interest.
Section 1. Left intentionally blank. (per amendment 5)
Section 2. Permitted uses and restrictions - Single Family.
The permitted uses, easements and restrictions of all property within the Development shall be as follows:
A. Single Family Residential Use.
“All property shall be used, improved, and devoted exclusively to Single Residential Use. No gainful occupation, profession, trade, business or other non-residential use shall be conducted on any such property when such use is visible from the common roadway or neighboring property or requires frequent deliveries or parking of client vehicles. Nothing herein shall be deemed to prevent the leasing of all such property to a Single Family from time to time by the Owner thereof, subject to all of the provisions of this Declaration. No camper, camp trailer, or recreation vehicle shall be used as a living area while located on the property. Such vehicles may be used on a temporary basis by visitors and should not exceed 7 days, and/or by owners during construction of their home not to exceed 12 months.” (per amendment 5)
1. No dwelling shall be permitted which contains less than 1,500 square feet of the first floor area of the main structure, exclusive of garages and open porches. Main dwelling construction shall be completed in one year.
a.) No mobile, prefabricated, modular, or similar homes or buildings shall be permitted
(per Amendment #1).
2. Setback Restrictions
Per Amendment #2:
a.) The front (facing the access road) setback shall be determined from the nearest property line to the front of the main building.
b.) The side setback (left or right) shall be determined as viewing from the street to the front of the building.
c.) Not withstanding anything to the contrary, all buildings must be built so as to conform to the rules and regulations of Clallam County including all setback requirements thereof. In addition LDV 96 - 0011 Lots 17 through 22 shall have a 30 foot set back from the point where the north line of the golf course easement intersects the corner of the lot.
d.) Outbuildings constructed for storage of boats, motor homes or used for a shop area shall have exterior design and use materials similar to those used in design of the main residence. Such structures shall also conform to the height restrictions of the lot on which built.
e.) Height restrictions shall apply to all buildings and vegetation on lots herein designated as follows:
aa.) Niichel Short Plat I, Lot 2. Twenty- four (24) feet from the highest point on the lot prior to excavation.
bb.) LDV 96 -0011 Lots 6 through 16 Inclusive twenty-four (24) feet from the highest point on the lot prior to excavation.
cc.) LDV 96-0011 Lots 17 thru 20 inclusive eighteen (18) feet from a point at the center of the paved portion of Lone Eagle Lane at the midpoint of the lot. Amended to 20 feet as part of Amendment #4.
dd.) WV 96 - 0011 Lot 21 twenty (20) feet from a point at the center of the paved portion of Lone Eagle Lane at the east line of the lot.
ee.) WV 96 - 0011 Lots 22 and 23 eighteen (18) feet from the highest point on the lot prior to excavation. Amended to read 24 feet from the highest point on the lot prior to excavation as part of Amendment #3
ff.) WV 96 - 0011 Lot 24 twenty-four (24) feet from the highest point on the lot prior to excavation.
gg.) WV 96 - 001 1 Lot 25 thirty-five (35) feet from the midpoint of the lot at the north golf course easement line.
hh.) WV 96- 0011 Lot 26 thirty-five (35) feet from the midpoint of the end of the driveway easement. -
ii.) Niichel Short Plat #1 Lot I thirty-five (35) feet from the center of the lot.
f) “No flood lights or other high voltage exterior lighting shall be used on a regular basis after eleven o’clock p.m. or before sunrise. All lights should be adequately shielded to prevent illumination of living areas of the neighboring residences.” per amendment 5
3. Buildings Wall Fences and Landscaping.
a.) Walls, fences and hedges not to exceed six (6) feet in height shall be permitted on the property line or within the required side or rear yard.
b) All fences shall be constructed of wood, wrought iron, or masonry and be subject to Architectural Control Committee approval as to design, construction type and location (if other than on a property line).
B. Animals. No animals other than a reasonable number of generally recognized house or yard pets, shall be maintained on any property within the Development, and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes. No animal shall be allowed to make an unreasonable amount noise or to become a nuisance. Any dog must be confined to an owner’s yard or kept on a leash. No structure for the care, housing or confinement of any pet shall be maintained as to be visible from Neighboring Properties. Upon written request of any Owner, the Architectural Committee shall determine whether, for the purpose of this paragraph, a particular animal is a generally recognized house or yard pet, or a nuisance, or whether the number of animals or birds on any such property is reasonable an present its determination to the Board of Directors. Any decision rendered by the Board of Directors shall be enforceable as other restrictions contained herein. (amendment 5)
C. Antennas. Small dishes used for satellite television reception may be used and should, when at all possible, be installed in locations of least visibility. No other antennas or devices for the transmission or reception of television or radio signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors on any property within the Development, whether attached to a building or structure, or otherwise, unless screened and approved by the Architectural Committee.”
D. Utility Service and Lighting. No lines, wires, or other devices for the communication or transmission of electric current or power, including telephone, television, or radio signals shall be erected, placed or maintained anywhere in or upon any property within the Development, unless the same shall be contained in conduits or cables installed amid maintained underground or concealed in under or on buildings or other structures approved by the Architectural Committee. No provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of buildings or structures approved by the Architectural Committee. (amendment 5)
E.
Improvements and Alterations. No
improvements, alterations, repairs, excavation, or other work which in any way
alters the exterior appearance of any Lot or the improvements located thereon
from its natural or improved state existing on the date of this Declaration
shall be made or done without the prior written approval of the Architectural
Committee, except as otherwise expressly provided in this Declaration. No
building, fence, wall, residence, or other structure shall be commenced,
erected, maintained, improved, altered, made, or done until the plans and
specifications for the same, and all construction details including height,
shape, materials, floor plans, location, and size shall have been submitted to
and approved in writing by the Architectural Committee. The Architectural
Committee shall have the right to refuse to approve any plans or specifications
or grading plans, which are not suitable or desirable, in its reasonable
opinion, for aesthetic or other reasons, and in so passing upon such plans,
specifications and grading plans, and without any limitation of the foregoing,
it shall have the right to take into consideration the suitability of the
proposed building or other structure, and of the materials of which it is to be
built, the site upon which it is proposed to erect the same, the harmony
thereof with the surroundings and the effect of the building or other structure
as planned, on the outlook from the adjacent or neighboring property. All
subsequent additions to, or changes or alterations in any building, fence,
wall, or structure, including exterior color scheme shall be subject to the
prior written approval of the Architectural Committee. No changes or deviations
in or from such plans and specifications, once approved, shall be made without
the prior written approval of the Architectural Committee. No lot owner or
other parties shall have recourse against the Architectural Committee for its
refusal to approve any such plans and specifications or plot plans, including
lawn area and landscaping.
The Architectural Committee shall not be liable to anyone submitting plans for
approval or making any requests of the Architectural Committee, nor to any
owner, lessee or sub lessee of any Lots by reason of mistake in judgment,
negligence, or nonfeasance of itself, its agents or employees arising out of or
in connection with the approval or disapproval or failure to approve any plans
or other requests and any and every Owner agrees not to bring action or suit to
recover any damages against the Architectural Committee or any members thereof.
(amendment 5)
back to table of contents
F. Temporary Occupancy. No basement of any complete building, tent, shack, garage or barn, and no temporary or incomplete buildings or structures of any kind shall be lived in or occupied in any manner, at any time, either temporarily or permanently. Temporary buildings or structures used during the construction of a dwelling on any such property shall be removed immediately after the completion of construction.” (amendment 5)
G. Trailers and Motor Vehicles. Except with approval of Architectural Committee, no mobile home, boat, recreational vehicle, trailer of any kind, truck camper, or permanent tent or similar structure shall be kept, maintained, or constructed or repaired nor shall any motor vehicle be constructed, reconstructed or repaired upon any property or street (public or private) within the Development in such a manner that will be visible from neighboring property. The provisions of this paragraph shall not apply to emergency vehicle repairs or routine repairs on personal vehicles. Garages, if any, shall be used for parking vehicles and storage purposes only and shall not be converted for living or recreational activities.” (amendment 5)
H. Maintenance of Lawns and Plantings. Each Owner shall within one (1) year after the date he takes possession of a new and unlandscaped residence, substantially complete all landscaping of the premises. Each owner shall, at all times, keep all shrubs, trees, grass and plantings of every kind on his lot including setback and easement areas, neatly trimmed, properly cultivated and free of trash, weeds, and unsightly material, and cut hay and/or grass from all unlandscaped areas at least two times per annum and at least once in the time frame between June 15th and July 10th. Unbuilt lots will be mowed by a contractor hired by the Association and the cost thereof billed to the respective owners on a prorate basis.
I. Maintenance and Repair of Buildings. No building, improvement or structure upon any Lot shall be permitted to fall into disrepair, and each building and structure shall at all times be kept in good condition and adequately painted or otherwise finished. Each Owner shall maintain in good repair the exterior surfaces, including but not limited to, walls, roofs, porches, patios and appurtenants. Nothing shall be done in or to any building which will impair the structural integrity of any building except in connection with alterations or repairs specifically permitted or required under this Declaration. Garage doors and similar doors on other structures shall be closed when the interior of the same is visible from the street or neighboring properties.
J. Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any property within the Development, and no odors shall be permitted to arise therefore, so as to render any such property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants. No nuisance shall be permitted to exist or operate upon any such property so as to be offensive or detrimental to any other property in the vicinity thereof or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horn, whistles, bells or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on any such property.
K. Trash Containers and Collection. No garbage or trash shall be placed or kept except in covered containers. In no event shall such containers be maintained so as to be visible from neighboring property except to make the same available for collection and then, only the shortest time reasonably necessary to effect such collection. All rubbish, trash or garbage shall be removed from the Lots and shall not be allowed to accumulate thereon. No incinerators shall be kept or maintained on any Lot.
L. Clothes Drying Facilities. Outside clothes lines or other outside facilities for airing clothes shall not be erected, placed or maintained on any property unless they are erected, placed and maintained exclusively with a fenced services yard or otherwise concealed, and shall not be visible from neighboring properties.
M. Encroachments. No tree, shrub, or plantings of any kind shall be allowed to interfere with mountain or territorial views from adjoining lots.
N. Right of Way. During reasonable hours, and after notice, except in the event of an emergency, any member of the Architectural Committee or its authorized representatives, shall have the right to enter upon and inspect any property (only exterior of any structures) and the improvements thereon for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and such persons shall not be deemed guilty of trespass by reason of such entry. (amendment 5)
O. Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any property except such machinery or equipment as is usual and customary in conjunction with the use, maintenance or construction of a residence. No elevated tanks or large containers of any kind shall be erected, place, or permitted upon any lot, except for use in connection with any residence thereon, except as shall first been approved by the Architectural Committee. All such tanks or containers shall be buried or kept screened by adequate planting or fence work and shall not be visible from neighboring property.
P. Diseases and Insects. No Owner shall permit any thing or condition to exist upon property which shall induce, breed, or harbor infectious plant diseases or noxious insects.
Q. Restriction on Further Subdivision. No Lot shall be further subdivided or separated into smaller lots or parcels by any Owner, and no portion less than all of any such Lot, nor any easement or other interest therein, shall be conveyed or transferred by any Owner without the prior written approval of the Architectural Committee. No portion of a Lot but for the entire Lot, together with the improvements thereon, may be rented and then only to a Single Family. This restriction shall not apply to the Callis and Turton Short Plats.” (amendment 5)
No signs whatsoever (including, but not limited to,
commercial, political, and similar signs) shall be attached, affixed, mounted,
abutted, erected or maintained on any structure, residence, building, Lot, or
parcel of property within the boundaries of the Development, except:
(1) Such signs as may be required by legal proceedings;
(2) Not more than two (2) residential identification signs each of a combined
total face area of seventy-two (72) square inches or less;
(3) During the time of construction of any building or other improvement, one
job identification sign not larger than six (6) square feet;
(4) Such additional signs, the nature, number and location of which have been
approved in advance by the Board of Directors; and.
(5) One sign, not larger than six (6) square feet, used for display of For Sale
or For Rent of the residence.”
(amendment 5)
S. Utility Easements. There is hereby created a blanket easement upon, across, over and under the above described premises for ingress, egress, installation, replacing, repairing and maintaining all utility and service lines and systems, including, but not limited to, water, sewers, gas, telephones, electricity, television cable or communication lines and systems, etc. By virtue of this easement, it shall be expressly permissible for the providing utility or service company to install and maintain facilities and equipment on said property and to affix and maintain wires, circuits and conduits on., in and under the roofs and exterior walls of said residences. Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines, water lines, or other utilities or service lines may be installed or relocated on said premises except as initially programmed and approved by Declarants or thereafter approved by Declarants or the Board. This easement shall in no way affect any other recorded easements on said premises. This easement shall be limited to improvements as originally constructed.
Section 3. Permitted Uses and Restrictions - Common Area. The permitted uses and restrictions for Common Areas shall be as follows:
A. Maintenance by Association. The Association may, at any time, as to any Common Area conveyed, leased, or transferred to it, or otherwise placed under its jurisdiction, in the discretion of the Board of Directors, without any approval of the Owners being required:
(1) Reconstruct, repair, replace or refinish any improvement or portion thereof upon any such area (to the extent that such work is not done by a governmental entity, if any, responsible for the maintenance and upkeep of such area) in accordance with (a) the last plans thereof approved by the Board of Directors, (b) the original plans for the improvement, or (c) if neither of the foregoing is applicable and if such improvement was previously in existence, then in accordance with the original design, finish or standard of construction of such improvement as same existed;
(2) Replace injured and diseased trees or other vegetation in any such area, and plant trees, shrubs and ground cover to the extent that the Board of Directors deems necessary for the conservation of water and soil and the aesthetic purposes; and
(3) Place and maintain upon any such area such signs as the Board of Directors may deem appropriate for the proper identification, use and regulation thereof
(4) Do all such other and further acts which the Board of Directors deems necessary to preserve and protect the property and the beauty thereof in accordance with the general purposes specified in this Declaration; and
(5) The Board of Directors shall be the sole judges as to the appropriate maintenance of all grounds within the Common Area.
B. Access. At the outset, the Common Areas referred to herein shall mean roads, utility easements, and the golf course access. It is recognized by all 0wners that the golf course access is limited to use of Lot Owners and subject to an agreement with the golf course owners. Also included in the common area subject to care and maintenance and hereby dedicated to community use is the area designated wetland and encompasses parts of Survey Parcels I through 4 Vol. 23 Survey page 24 and portions of Clevenger Short Plat III Lots 2 - 4; Clevenger Short Plat II Lots 2 - 3; Bunger Short Plat I Lot 4; Four Plus Lot I; Bunger Short P1st II Lots 2 - 3. The wetland portion of the common area shall be treated as a game preserve. All dogs must be on a leash and no vehicles, except maintenance vehicles approved by the Association, will be permitted. Bird watching may be restricted to areas designated by the Association. The remaining portion of the Callis and Turton Short Plat and Survey Parcels 1-4, not in the wetlands, but lying southerly and/or westerly of the main access road from its junction shall be designated a scenic buffer to the wetlands. No fencing, building or animals except domestic pets on a leash shall be permitted.
C. Damage or Destruction of Common Area by Owners. In the event any Common Area is damaged or destroyed by an Owner or any of his guests, tenants, licensees, agents or members of his family, such Owner does hereby authorize the Association to repair said damaged area, and the Association shall so repair said damaged area in a good workmanlike manner in conformance with the original plans and specifications of the area involved, or as the area may have been modified or altered subsequently by the Association, in the discretion of the-Association. ~The amount necessary for such repairs shall be paid by said Owner, upon demand, to the Association and the Association may enforce collection of same in the same manner as provided elsewhere in this Declaration for collection and enforcement of assessments.
The Association shall require that each driveway access have an asphalt or concrete apron at the edge of the common road to prevent its deterioration.
A. The Association. The Association is a nonprofit Washington corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws, and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
B. Subsidiary Associations. The Association shall have the right to form one or more Subsidiary Associations, for any purpose or purposes deemed appropriate by the unanimous vote of the Board. Without limiting the generality of the foregoing, one or more Subsidiary Associations may be formed for the operation and maintenance of any specific area located within the Development. However, such Subsidiary Associations shall be subject to this Declaration and may not take any action to lessen or abate the rights of the Homeowners’ herein.
C. Board of Directors and Officers The affairs of the Association shall be conducted by a Board of Directors and such Officers as the Directors may elect or appoint, in accordance with the Articles and the Bylaws, as same may be amended from time to time.
Section 2. Powers and Duties of the Association. The Association shall have such rights, duties and powers as set forth rn the Articles and Bylaws, as same may be amended from time to time.
Section 3. The Homeowners’ Association. By a majority vote of the Board, the Association may, from time to time and subject to the provisions of this Declaration, adopt, amend, and repeal rules and regulations to be known as the Dungeness Greens Homeowners’ Association Rules. These Rules may restrict and govern the use of any area by any Owner, by the family of such Owner, or by any invitee, licensee or lessee of such Owner; provided, however, that the Rules may not discriminate among Owners and shall not be inconsistent with this Declaration, the Articles or Bylaws. A copy of the Dungeness Greens Homeowners’ Association Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner and may be recorded. Upon such recordation, said Rules shall have the same force and effect asif they were set forth in and were a part of the Declaration.
Section 4. Personal Liability. No member of the Board, or any Committee of the Association, or any officer of the Association, or the Manager, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, or negligence of the Association, the Board, the Manager or any other representative of employees of the Association, or the Architectural Committee, or any other Committee, or any officer of the Association, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith, without willful or intentional misconduct.
Section 1. Membership. Every Owner of a Lot which is subject to assessment shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.
Section 2. Voting Classes. The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one ballot be cast with respect to any Lot.
Class B. The Class B member(s) shall be the Declarant and shall be entitled to four (4) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership when the total votes outstanding in the Class A Membership equal the total votes outstanding in the Class B Membership.
Section 3. Unit Voting. The vote for each such Lot must be cast as a unit, and fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any Owner or Owners casts a vote representing a certain Lot, it will thereafter be conclusively presumed for all purposes that he or they were acting with the authority and consent of all other Owners of the same Lot. In the event more than one vote is cast for a particular Lot, none of said votes shall be counted and said votes shall be deemed void.
Section 4. Number of Votes In any election of the members of the Board, every Owner entitled to vote at such an election shall have the right to cumulate his votes and give one candidate, or divide among any number of the candidates, a number of votes equal to the number of Lots owned by the Owner multiplied by the number of votes per Lot he is entitled to cast multiplied by the number of directors to be elected. The candidates receiving the highest number of votes, up to the number of the Board members to be elected, shall be deemed elected.
Section 5. Voting Rights. In the event any Owner shall be in arrears in the payment of any amounts due under any of the provisions herein, or shall be in default in the performance of or in breach of any of the terms herein, said Owners right to vote as a member of the Association may be suspended and may remain suspended until all payments are brought current and all defaults and breaches remedied.
Section 6. Other Rights. Each member shall have such other rights, duties and obligations as set forth in the Articles and Bylaws, as same may be amended from time to time.
Section 7. Transfer of Rights. The Association membership of each Owner of a Lot within the Development shall be appurtenant to said Lot. The rights and obligations of an Owner and membership in the Association shall not be assigned, transferred, pledged, conveyed, or alienated in any way except upon transfer of the Owners interest in his Lot and then only to the transferee of said interest in such Lot, or by intestate succession, testamentary disposition, foreclosure of a mortgage of record, or such other legal process as now in effect or as may hereafter be established under or pursuant to the laws of the State of Washington. Any attempt to make a prohibited transfer shall be void. Any transfer of ownership to said Lot shall operate to transfer said membership to the new Owner thereof.
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarants, for each Lot owned within the Development hereby covenants, and each Owner of any Lot by acceptance of a deed, lease or other document of conveyance, therefore, whether or not it shall be so expressed in such deed, lease or other document of conveyance, is deemed to covenant and agree to pay to the Association:
(1) Annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorneys fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is nude. Each such assessment, together with interest, costs, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of assessments.
The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Development and for the improvement and maintenance of the Common Area, and of the homes situated in the Development.
Section 3. Special Assessments For Capital Improvements.
In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement of the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 4. Notice and Quorum for any Action Authorized Under Section 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 4 shall be sent to all Members not less than seven (7) days, nor more than thirty (30) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. If the proposed action is favored by a majority of the votes cast at such meeting, but such vote is less than the requisite number of each class of members, members who were not present in person or by proxy may give their assent in writing, provided the same is obtained by the appropriate officers of the Association not later than thirty (30) days from the date of such meeting.
Section 5. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly, quarterly, or annual basis.
Section 6. Date of Commencement of Annual Assessments’ Due Dates. The Board shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates 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 assessments on a specified Lot have been paid.
Section 7. Effect of Nonpayment of Assessments. Remedies of the Association Each Owner of any Lot shall be deemed to covenant and agree to pay to the Association the assessments provided for herein, and agrees to the enforcement of the assessments in the manner herein specified. In the event the Association employs an attorney for collection of any assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, or for any other purpose in connection with the breach of this Declaration, each Owner and Member agrees to pay reasonable attorneys fees and costs thereby incurred in addition to any other amounts due or any other relief or remedy obtained against said Owner or Member. In the event of a default in payment of any such assessment when due, in which case the assessment shall be deemed delinquent, and in addition to any other remedies herein or by law provided, the Association may enforce each such obligation in any manner provided by law or in equity, or without any limitation of the foregoing, by either or both of the following procedures:
A. Enforcement by Suit. The Board may cause a suit at law to be commenced and maintained in the name of the Association against an Owner to enforce each such assessment obligation. Any judgment rendered in any such action shall include the amount of the delinquency. together with interest thereon at the rate of ten percent (10%) per annum from the date of delinquency until paid, court costs, and reasonable attorneys’ fees in such amount as the Court may adjudge against the delinquent Owner.
B. Enforcement by Lien There is hereby created a claim of lien, with power of sale, on each and every Lot within the Development to secure payment to the Association of any and all assessments levied against any and all Owners of such Lots under the Declaration, together with interest thereon at the rate often percent (10%) per annum from the date of delinquency, and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorneys’ fees. At any time within ninety (90) days after the occurrence of any default in the payment of any such assessment, the Association, or any authorized representative shall make a written demand for payment by certified or registered mail, return receipt requested. Said demand shall state the date and amount of the delinquency. Each default shall constitute a separate basis for a demand or claim of lien or a lien, but any number of defaults may be included within a single demand or claim of lien. If such delinquency is not paid within ten (10) days after delivery of such demand, or, even without such a written demand being made, the Association may elect to file such a claim of lien on behalf of the Association against the Lot of the defaulting Owner. Such a claim of lien shall be executed and acknowledged by any officer of the Association, and shall contain substantially the following information:
1. The name of the delinquent Owner;
2. The legal description and street address of the Lot against which claim of lien is made;
3. The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, collection costs, and reasonable attorneys’ fees (with any proper offset allowed);
4. That the claim of lien is made by the Association pursuant to the Declaration, and
5. That a lien is claimed against said Lot in the amount equal to the amount stated.
Upon recordation of a duly executed original or copy of such lien, and mailing a copy thereof to said Owner, the lien claimed therein shall immediately attach and become effective in favor of the Association as a lien upon the Lot against which such Assessment was levied. Such a lien shall have priority over all liens or claims created subsequent to the recordation of the claim of lien thereof, except only tax liens for real property taxes on any Lot, assessments on any Lot in favor of any municipal or other governmental assessing unit, and the liens which are specifically described in Section 8 hereinafter. Any such lien may be foreclosed by appropriate action in Court or in the manner provided by law for the foreclosure of a realty mortgage or trust deed as set forth by the laws of the State of Washington as the same may be changed or amended. The lien provided for herein shall be in favor of the Association and shall be for the benefit of all other Lot Owners. The Association shall have the power to bid in at any foreclosure sale and to purchase, acquire, hold, lease, mortgage, and convey any Lot. In the event such foreclosure is by action in Court, reasonable attorneys’ fees, court costs, title search fees, interest and all other costs and expenses shall be allowed to the extent permitted by law. Each Owner, by becoming an Owner of a Lot in the Development, hereby expressly waives any objection to the enforcement and foreclosure of this lien in this manner.
Section 8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof~ shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such
Lot from liability for any assessments thereafter becoming due or from the lien thereof No breach of the covenants, conditions or restrictions in this Declaration, nor the enforcement thereof or of any lien provision herein, shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. However, all of the covenants, conditions and restrictions in this Declaration shall be binding upon any owner whose title is derived through foreclosure or exercise ofa power of sale.
Section 1. Organization power of Appointment and Removal of Members. There shall be an Architectural Committee, organized as follows:
A. Committee Composition. The Architectural Committee shall consist of three regular members and one alternate member. None of such members shall be required to be an architect or to meet any other particular qualifications for membership. A member need not be, but may be a member of the Board or an officer of the Association.
B. Alternate Members In the event of the absence or disability of one regular member of said Committee, the remaining regular members may designate the alternate member to act as substitute for the absent or disabled regular member for the duration of such absence or disability.
C. Initial Members. The following persons are hereby designated as the initial members of the Architectural Committee:
Office No. 1 - Richard J. Niichel regular
member
Office No. 2 - William H. Clevenger regular member
Office No. 3 - James M. Bunger regular member
Office No. 4 - Steven Callis alternate member
D. Terms of Office. The initial members of the Architectural Committee shall serve until their resignation or removal by the Board. Members who have resigned or have been removed may be reappointed.
E. Appointment and Removal. The right to appoint and remove all regular and alternate members of the Architectural Committee at any time, shall be and is hereby vested solely in the Board, provided, however, that no regular or alternate member may be removed from the Architectural Committee by the Board except by the vote or written consent of two-thirds of all of the members of the Board.
F. Resignations. Any regular or alternate member of the Architectural Committee may at any time resign from the Committee by giving written notice thereof to the Board.
G. Vacancies. Vacancies on the Architectural Committee, however caused, shall be tilled by the Board. A vacancy or vacancies on the Architectural Committee shall be deemed to exist in case of the death, resignation or removal of any regular or alternate member.
Section 2. Duties. It shall be the duty of the Architectural Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof to adopt Architectural Committee Rules, to perform other duties delegated to it by the Board, and to carry out all other duties imposed upon it by the Declaration.
Section 3. Meetings and Compensation. The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder. Subject to the provisions of Paragraph B of Section I above, the vote or written consent of any two regular members, at a meeting or otherwise, shall constitute the act of the Committee unless the unanimous decision of the Committee is required by any other provision of this Declaration. The Committee shall keep and maintain a written record of all actions taken by it at such meetings or otherwise. Members of the Architectural Committee shall not be entitled to compensation for their services.
Section 4. Architectural Committee Rules The Architectural Committee may, from time to time and in its sole and absolute discretion, adopt, amend and repeal, by unanimous vote or written consent, rules and regulations, to be known as “Architectural Committee Rules”. Said Rules shall interpret and implement the Declaration by setting forth the standards and procedures for Architectural Committee review and the guidelines for architectural design, placement of improvements, landscaping, color schemes, exterior finishes and materials and similar features which are recommended for use in the Development.
Section 5. Waiver. The approval by the Architectural Committee of any plans, drawings or specifications for any work done or proposed, or for any other matter requiring the approval of the Architectural Committee under the Declaration, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification or matter subsequently submitted for approval.
Section 6. Liability. Neither the Architectural Committee nor any member thereof shall be liable to the Association, any Owner, or to any other party, for any damage, loss or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings, or specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, (c) the development of any property within the Development, or (d) the execution and filing of any estoppel certificate,~ whether or not the facts therein are correct; provided, however, that with respect to the liability of a member, such member has acted in good faith on the basis of such information as may be possessed by him. Without in any way limiting the generality of any of the foregoing provisions of this Section, the Architectural Committee, or any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications, or any other proposal submitted to the Architectural Committee.
Section 7. Time for Approval. In the event said Board, or its designated committee, rail to approve or disapprove plans and specifications within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been filly complied with.
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in fill force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended by an instrument signed by the Owners of not less than fifty-one percent (51%) of the Lots. Any amendment must be recorded.
Section 4. Violations and Nuisance. Every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by Declarant, the Association or any Owner or Owners of Lots within the Development
Section 5. Violation of Law. Any violation of any state, municipal, or local law, ordinances or regulations, pertaining to the ownership, occupation or use of any property within Dungeness Greens is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures set forth in this Declaration.
Section 6. Remedies Cumulative. Each remedy provided by this Declaration is cumulative and not exclusive.
PARCEL A
THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 30 NORTH. RANGE 4 WEST. W M. CLALLAM COUNTY, WASHINGTON.
EXCEPT THE WEST 51.21 FEET OF THE NORTH 696.00 FEET THEREOF.
ALSO EXCEPT THAT PORTION LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY UNE OF COUNTY ROAD NO. 4600 (HOGBACK ROAD).
ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
THE SOUTH 330.00 FEET OF THE WEST 900.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3. TOWNSHIP 30 NORTH. RANGE 4 WEST, W.M., CLALLAM COUNTY. WASHINGTON.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTH 330.00 FEET OF THE WEST 900.00 FEET;
THENCE NORTH 330.00 FEET ALONG THE EAST UNE OF SAID TRACT;
THENCE WEST 200.00 FEET ALONG THE NORTH UNE OF SAID TRACT;
THENCE SOUTHEASTERLY IN A STRAIGHT UNE TO THE POINT OF BEGINNING.
ALSO EXCEPT RIGHT OF WAY FOR COUNTY ROAD NO. 4600 (HOGBACK ROAD) PER CLALLAM COUNTY AUDITORS FILE NUMBERS 702079. 702080, 702081, 702082 AND 704161.
TOGETHER WITH AN EASEMENT FOR ROAD PURPOSES OVER AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH, LYING 30.00 FEET ON EACH SIDE OF A CENTERUNE DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE SOUTH UNE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 220.00 FEET WEST OF THE EAST UNE THEREOF, SAID POINT ALSO BEING THE CENTERUNE OF RIDGE VIEW DRIVE AS SHOWN ON THE PLAT OF DUNGENESS ESTATES. EXTENDED; THENCE NORTH 360.00 FEET; THENCE EAST 220.00 FEET TO THE EAST UNE OF SAID WEST HALF OF THE NORTHWEST QUARTER OF SECTION 3.
ALSO TOGETHER WITH AN EASEMENT FOR INGRESS. EGRESS AND UTIUTY PURPOSES. OVER. UNDER. ACROSS AND UPON ALL OF THAT PORTION OF THE GENERAL EASEMENT AS SHOWN ON THE REVISION TO LOTS 3 AND 4 OF LEDERMAN AND TICE SHORT PLAT RECORDED IN VOLUME 20 OF SHORT PLATS. PAGE 29. UNDER AUDITOR’S FILE NUMBER 633853, RECORDS OF CLALLAM COUNTY. WASHINGTON. LYING SOUTHERLY AND EASTERLY OF THE EASEMENT FOR ROADWAY PURPOSES DESCRIBED IN QUIT CLAIM DEED RECORDED JULY 10, 1973 IN VOLUME 405 OF DEEDS. PAGE 237. UNDER AUDITOR’S FILE NUMBER 424827, RECORDS OF SAID CLALLAM COUNTY.
PARCEL B
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3. TOWNSHIP 30 NORTH. RANGE 4 WEST, W.M., CLALLAM COUNTY. WASHINGTON GRANTED BY FORE.PLUS. LTD. A WASHINGTON CORPORATION. TO WIWAM H. CLEVENGER, ET AL. BY
INSTRUMENT RECORDED FEBRUARY 3, 1992 IN VOLUME 947 OF DEEDS. PAGES 159 THROUGH 165. UNDER AUDITOR’S FILE NUMBER 663413. RECORDS OF CL.ALLAM COUNTY. WASHINGTON.
ALL OF PARCELS A AND B. ABOVE. ARE AS SHOWN ON THE DUNGENESS GREENS SURVEY RECORDED MAY 17. 1994 IN VOLUME ~Q, OF SURVEYS. PAGE ~ RECORDS OF CLALLAM COUNTY. WASHINGTON.
1. Amending Article IV Section A. to add subsection 1a as follows:
1 (a.) No mobile, prefabricated, modular, or similar homes or buildings shall be permitted.
2. Amending Section 2 of Article IV to establish the south lot line, for setback purposes, of all lots abutting the golf course as the north line of the golf course easement.
3. Acknowledging that Declarant Four Plus Inc. entered into a trade With Declarants Richard J. and Frances M. Niichel wherein Four Plus Inc. traded the Four Plus Short Plat, Lots 1-4 in exchange for Niichel Short Plot II, Lot 2; that this trade was at the option of Four Plus Inc. and was the result of a prior property line agreement. That as a result of the exercise of said option it is now agreed by all parties, who are Declarants hereto, that the lot line between Four Plus Short Plat Lots 2 and 3 and Clevenger Short Plat II Lots 1-4 shall be moved eighty-seven feet south of its present location. This encompasses part of an area earlier believed necessary for drain field purposes for use by lots lying westerly of the main right of way.
Dated 28 November, 1994.
The real estate encumbered by this amendment is described in Exhibit A attached hereto.
Whenever declarations are referred to herein, it shall reference the Declaration of Covenants, Conditions and Restrictions for Dungeness Greens previously recorded under Clallam County Auditor’s fIle #706160.
Notice is hereby given that pursuant to Section Q of said Declaration the Declarants have resubdivided all short platted property lying southerly of the north lines of Lots 2 and 3 of Clevenger Short Plat I by subdividing said land under Clallam County Subdivision rules as County #LDV 96 -0011, Lots I through 26.
As a result of said resubdivision, two lots lying westerly of the main access road were made part of the common area and the lot lines of the lots in the area east of the said road were adjusted to accommodate 2 additional lots.
Except as they may be hereinafter amended, the declarations shall remain in full force and effect and apply to all lots in LDV 96 - 0011 as well as all previously included property.
ARTICLE IV
Section 2. A. 2. “Setback Restrictions” shall be amended as follows:
a.) The front (facing the access road) setback shall be determined from the nearest property line to the front of the main building.
b.) The side setback (left or right) shall be determined as viewing from the street to the front of the building.
c.) Not withstanding anything to the contrary, all buildings must be built so as to conform to the rules and regulations of Clallam County including all setback requirements thereof. In addition LDV 96 - 0011 Lots 17 through 22 shall have a 30 foot set back from the point where the north line of the golf course easement intersects the corner of the lot.
d.) Outbuildings constructed for storage of boats, motor homes or used for a shop area shall have exterior design and use materials similar to those used in design of the main residence. Such structures shall also conform to the height restrictions of the lot on which built.
e.) Height restrictions shall apply to all buildings and vegetation on lots herein designated as follows:
aa.) Niichel Short Plat I, Lot 2. Twenty- four (24) feet from the highest point on the lot prior to excavation.
bb.) LDV 96 -0011 Lots 6 through 16 Inclusive twenty-four (24) feet from the highest point on the lot prior to excavation.
cc.) LDV 96-0011 Lots 17 thru 20 inclusive eighteen (18) feet from a point at the center of the paved portion of Lone Eagle Lane at the midpoint of the lot.
dd.) WV 96 - 0011 Lot 21 twenty (20) feet from a point at the center of the paved portion of Lone Eagle Lane at the east line of the lot.
ee.) WV 96 - 0011 Lots 22 and 23 eighteen (18) feet from the highest point on the lot prior to excavation.
ff.) WV 96 - 0011 Lot 24 twenty-four (24) feet from the highest point on the lot prior to excavation.
gg.) WV 96 - 001 1 Lot 25 thirty-five (35) feet from the midpoint of the lot at the north golf course easement line.
hh.) WV 96- 0011 Lot 26 thirty-five (35) feet from the midpoint of the end of the driveway easement. -
ii.) Niichel Short Plat #1 Lot I thirty-five (35) feet from the center of the lot.
Dated 11 June, 1996
Pursuant Article IX section 3 the height restrictions for LDV #9~6.OOI I lots 22 and 23 are amended to read 24 feet from the highest point on the lot prior to excavation.
Dated 11 June, 1998
The height restrictions for LDV #96.0011 Lot 17 is amended to read 20 feet from a point at the center of the paved portion of Lone Eagle Way at the midpoint of the lot.
Dated 8 February, 1999.
In process version
(final signoff is underway, but not complete)
April 6, 2005
TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
DUNGENESS GREENS
Whenever declarations are referred to herein, it shall reference the Declaration of Covenants, Conditions, and Restrictions previously recorded under Clallam County Auditor’s file No. 706160.
1. Amending Article IV, correcting missing section 1 by adding the following:
“Section 1. Left intentionally blank.”
2. Amending Article IV Section 2A, replacing paragraph 1 (beginning with “All property shall be used,…” and ending with “…sold or leased by Declarants.” with the following:
“All property shall be used, improved, and devoted exclusively to Single Residential Use. No gainful occupation, profession, trade, business or other non-residential use shall be conducted on any such property when such use is visible from the common roadway or neighboring property or requires frequent deliveries or parking of client vehicles. Nothing herein shall be deemed to prevent the leasing of all such property to a Single Family from time to time by the Owner thereof, subject to all of the provisions of this Declaration. No camper, camp trailer, or recreation vehicle shall be used as a living area while located on the property. Such vehicles may be used on a temporary basis by visitors and should not exceed 7 days, and/or by owners during construction of their home not to exceed 12 months.”
3. Amending Article IV Section 2A 2e, cc), deleting the word “hundred”.
4. Amending Article IV Section 2A 2f, replacing sentence “No flood lights…or before sunrise.” with the following:
“No flood lights or other high voltage exterior lighting shall be used on a regular basis after eleven o’clock p.m. or before sunrise. All lights should be adequately shielded to prevent illumination of living areas of the neighboring residences.”
5. Amending Article IV Section 2, replacing subsection B, titled “ANIMALS” with the following:
“B. ANIMALS. No animals other than a reasonable number of generally recognized house or yard pets, shall be maintained on any property within the Development, and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes. No animal shall be allowed to make an unreasonable amount noise or to become a nuisance. Any dog must be confined to an owner’s yard or kept on a leash. No structure for the care, housing or confinement of any pet shall be maintained as to be visible from Neighboring Properties. Upon written request of any Owner, the Architectural Committee shall determine whether, for the purpose of this paragraph, a particular animal is a generally recognized house or yard pet, or a nuisance, or whether the number of animals or birds on any such property is reasonable an present its determination to the Board of Directors. Any decision rendered by the Board of Directors shall be enforceable as other restrictions contained herein.”
6. Amending Article IV Section 2, replacing subsection C, titled “ANTENNAS” with the following:
“C. ANTENNAS. Small dishes used for satellite television reception may be used and should, when at all possible, be installed in locations of least visibility. No other antennas or devices for the transmission or reception of television or radio signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors on any property within the Development, whether attached to a building or structure, or otherwise, unless screened and approved by the Architectural Committee.”
7. Amending Article IV Section 2, replacing subsection E, titled “IMPROVEMENTS AND ALTERATIONS” with the following:
“E. IMPROVEMENTS AND ALTERATIONS. No improvements, alterations, repairs, excavation, or other work which in any way alters the exterior appearance of any Lot or the improvements located thereon from its natural or improved state existing on the date of this Declaration shall be made or done without the prior written approval of the Architectural Committee, except as otherwise expressly provided in this Declaration. No building, fence, wall, residence, or other structure shall be commenced, erected, maintained, improved, altered, made, or done until the plans and specifications for the same, and all construction details including height, shape, materials, floor plans, location, and size shall have been submitted to and approved in writing by the Architectural Committee. The Architectural Committee shall have the right to refuse to approve any plans or specifications or grading plans, which are not suitable or desirable, in its reasonable opinion, for aesthetic or other reasons, and in so passing upon such plans, specifications and grading plans, and without any limitation of the foregoing, it shall have the right to take into consideration the suitability of the proposed building or other structure, and of the materials of which it is to be built, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from the adjacent or neighboring property. All subsequent additions to, or changes or alterations in any building, fence, wall, or structure, including exterior color scheme shall be subject to the prior written approval of the Architectural Committee. No changes or deviations in or from such plans and specifications, once approved, shall be made without the prior written approval of the Architectural Committee. No lot owner or other parties shall have recourse against the Architectural Committee for its refusal to approve any such plans and specifications or plot plans, including lawn area and landscaping.
The Architectural Committee shall not be liable to anyone submitting plans for approval or making any requests of the Architectural Committee, nor to any owner, lessee or sub lessee of any Lots by reason of mistake in judgment, negligence, or nonfeasance of itself, its agents or employees arising out of or in connection with the approval or disapproval or failure to approve any plans or other requests and any and every Owner agrees not to bring action or suit to recover any damages against the Architectural Committee or any members thereof.”
8. Amending Article IV Section 2, replacing subsection F, titled “TEMPORARY OCCUPANCY” with the following:
“F. TEMPORARY OCCUPANCY. No basement of any complete building, tent, shack, garage or barn, and no temporary or incomplete buildings or structures of any kind shall be lived in or occupied in any manner, at any time, either temporarily or permanently. Temporary buildings or structures used during the construction of a dwelling on any such property shall be removed immediately after the completion of construction.”
9. Amending Article IV Section 2, replacing subsection G, titled “TRAILERS AND MOTOR VEHICLES” with the following:
“G. TRAILERS AND MOTOR VEHICLES. Except with approval of Architectural Committee, no mobile home, boat, recreational vehicle, trailer of any kind, truck camper, or permanent tent or similar structure shall be kept, maintained, or constructed or repaired nor shall any motor vehicle be constructed, reconstructed or repaired upon any property or street (public or private) within the Development in such a manner that will be visible from neighboring property. The provisions of this paragraph shall not apply to emergency vehicle repairs or routine repairs on personal vehicles. Garages, if any, shall be used for parking vehicles and storage purposes only and shall not be converted for living or recreational activities.”
10. Amending Article IV Section 2 subsection L, replacing the words “neighboring property” with “neighboring properties”.
11. Amending Article IV Section 2, replacing subsection N, titled “RIGHT OF WAY” with the following:
N. RIGHT OF WAY. During reasonable hours, and after notice, except in the event of an emergency, any member of the Architectural Committee or its authorized representatives, shall have the right to enter upon and inspect any property (only exterior of any structures) and the improvements thereon for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and such persons shall not be deemed guilty of trespass by reason of such entry.
12. Amending Article IV Section 2 subsection O sentence 2, deleting the word “any”.
13. Amending Article IV Section 2, replacing subsection Q, titled “RESTRICTIONS ON FURTHER SUBDIVISION” with the following:
“Q. RESTRICTION ON FURTHER SUBDIVISION. No Lot shall be further subdivided or separated into smaller lots or parcels by any Owner, and no portion less than all of any such Lot, nor any easement or other interest therein, shall be conveyed or transferred by any Owner without the prior written approval of the Architectural Committee. No portion of a Lot but for the entire Lot, together with the improvements thereon, may be rented and then only to a Single Family. This restriction shall not apply to the Callis and Turton Short Plats.”
14. Amending Article IV Section 2, replacing subsection R, titled “SIGNS” with the following:
“R. SIGNS. No signs whatsoever (including, but not limited to, commercial, political, and similar signs) shall be attached, affixed, mounted, abutted, erected or maintained on any structure, residence, building, Lot, or parcel of property within the boundaries of the Development, except:
(1) Such signs as may be required by legal proceedings;
(2) Not more than two (2) residential identification signs each of a combined total face area of seventy-two (72) square inches or less;
(3) During the time of construction of any building or other improvement, one job identification sign not larger than six (6) square feet;
(4) Such additional signs, the nature, number and location of which have been approved in advance by the Board of Directors; and.
(5) One sign, not larger than six (6) square feet, used for display of For Sale or For Rent of the residence.”
15. Amending Article IV Section 3 subsection A , replacing all occurrences of the word “Board” with “Board of Directors”.