Section 1- Residential Character of Property/Business and Commercial "Home" Use of Property
No structure or building of any land shall be erected, altered, placed, or permitted to remain on any Lot other than as a single-family residential dwelling and appurtenant structures No trade, craft, business or manufacturing enterprise, or business or commercial activity of any kind shall be conducted or carried out in any house, garage, or with the Property itself, unless the following conditions are met (1) the building associated with the business or commercial use must serve as the primary residence for that building's Owner, (2) no vehicle associated with the business or commercial use shall be parked outside of an enclosed garage for more than three days, (3) the existence of operation of the business is not apparent or detectable by sight, sound, or smell, from outside the building, (4) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees or door-to-door solicitation of Lot Owners, and, (5) no goods, equipment, vehicles, and/or materials and supplies used in connection with any trade, service, or business shall be kept, parked, or stored outside of a building, or garage, for more than three days without being removed. Notwithstanding the foregoing, homecare for children shall be allowed as a permitted use, so long as authorized by the State of Washington, provided, however, that in no event shall a daycare be allowed.
Section 2 - Reasonable Use Restriction
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.
Section 3 - Prohibited Activities
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 (unscreened) storage of boats, trailers, motor homes, recreational vehicles, disabled vehicles of any kind whatsoever, and landscaping which is not properly maintained (subject to the provisions of Article 9, Section 1)
Notwithstanding anything in this Section 3 of this Article 12 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 (1 ) a Lot being sold by the Lot's Owner, or (2) 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 Lot within the Plat or 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, (n) 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 - Maintenance of Lots During the Construction Period
Each Lot Owner, exclusive of the Declarant shall have a responsibility to generally maintain the Lot in a neat and clean appearance after construction commences for a Residence on said Lot. After cleaning of any vegetation for construction, the debris from the clearing operation shall be promptly removed from the Lot and disposed of offsite in an approved location In no case shall any vegetation cleared from one Lot be deposited on an adjacent Lot or on any Common Areas or Common Maintenance Areas
During construction of each Residence, periodic efforts shall be made by the Owner, or the Owner's construction representatives, to pickup scrap materials and other construction debris and to periodically dispose of said materials No dumping of any such debris or refuse shall be allowed on adjoining Lots or on any Common Areas or Common Maintenance Areas within the Plat of Wilderness Hollow U. Upon completion of the construction on any Lot and prior to the occupancy of the structure, the Lot Owner shall be responsible for keeping the landscaping improvements and the structure itself in a clean and neat appearance This shall include the responsibility for regular landscape maintenance, watering, trimming, and upkeep to present a finished, manicured appearance of said premises from the adjacent right-of-way In the event that the Lot Owner, or Owner's construction representative(s), fails to meet the standards set forth in this section, the Board shall have the right to complete such clean-up activity in accordance with the provisions as set forth in Article 9.
Section 5 – Prohibited Vehicles/Structures
No mobile or "manufactured" homes, trailers, structures of a temporary character, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a Residence, either temporarily or permanently No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes.
Section 6 - Mining
No oil drilling, oil development operations, oil retiring, quarrying, or mining operation of any land shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permissible if the storage tank is buried, any necessary permits are obtained, and the storage complies with all applicable environmental laws, rules, and regulations.
Section 7 - Animals
No animals (pets), except dogs, cats, caged birds, fish and tanks, and other household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the Plat Leashed animals are permitted within rights-of-way and private road easements when accompanied by their Owners. Efforts shall be made by the person accompanying the animal to exercise "scooping" of animal waste. All pens and enclosures must be approved by the Committee prior to construction and shall be kept clean and odor free at all times.
No animal that is or becomes an annoyance or nuisance to the neighborhood or Lot(s) Owner shall thereafter be kept on any Lot(s).
No dog shall be kept on any Lot at any time that has ever inflicted bites on a human or domestic animal either on public or private property, or chases or approaches a person upon the streets, sidewalks or on public or private grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise threaten the safety of humans or domestic animals Any dog that shows or has shown such tendencies on any occasion shall be removed from the Lot in an immediate fashion No pets shall be allowed to roam at any time outside the Lot boundaries.
Dog kennels and or dog runs shall not be established in front yards but shall be located in the back or side yard screened from ground view of other Lots and the roadways.
If the investigation of the Board indicates that animals are kept in violation of this section. the Board will give the Owner ten (10) days' written notice of the violation Such violation must be remedied by the Owner within ten (10) days Failure to comply with the written notice will result in a fine of Twenty-five and No/100 Dollars ($25 00) per day Any fine imposed by this section shall be the personal obligation of the fined Owner and a lien on the Lot of the fined Owner. The Association shall be entitled to attorney fees and costs for any action taken to collect such fines in accordance with the provisions of Article 16, Section 5.
Section 8 - Signs
- No signs, billboards, or other advertising structures or device shall be displayed to the public view on any Lot except one (1) sign not to exceed six (6) square feet in area may be placed on a Lot to offer the Property for sale or rent The sign may also be used by a builder to advertise the Property during the construction and sale period. Political yard signs, not more than eight (8) square feet m area, of a temporary nature, will be allowed during campaign periods on Lots Within five (5) days after the date of the election to which the sign refers, such signs must be removed from Lots This Section 8(a) (including, but not limited to, the restrictions on the number of signs and the sign size limit) shall not apply to signs approved under Section 8(b) of this Article 12 by the Declarant during the Development Period.
Builders/contractors are allowed one (1) sign no larger than twelve (121 square feet of area per face to be placed on a Lot to offer a Lot or house for sale However, any signs larger than six (6) square feet per face shall be subject to approval by the Declarant during the Development Period and the Association after expiration of the Development Period.
- The Declarant may, but is not required, to establish, for the duration of the Development Period, signage guidelines and standards for Lot identification signs, realtor identification signs, "for sale" signs, and other signage that may be placed by Owners or parties other than the Declarant on any part of the Lots within Wilderness Hollow II, the Common Areas, Common Maintenance Areas, or public rights-of-way The Declarant may, but is not required, to also develop an overall theme for signage within the project, including specific requirements for physical sign installations and size requirements, which theme will then become part of the established guidelines and standards for signage Wilderness Hollow II during the Development Period In the event such guidelines are established, the Declarant shall make the signage guidelines and standards available upon request to Lot Owners and their representatives, including both builders and real estate agents of Lot Owners.
During the Development Period, the Declarant shall have the sole and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property encompassed within the Plat of Wilderness Hollow II, including the adjacent rights-of-way. Every Owner of a Lot in Wilderness Hollow II, and any builder or real estate agent on behalf of an Owner, shall submit any proposed signs to the Declarant for approval prior to installation of the signs.
Any signs not specifically approved by the Declarant found anywhere on Lots in Wilderness Hollow II, the Common Areas, the Common Maintenance Areas, or on adjacent rights-of-way, may be promptly removed and disposed of by the Declarant The absolute right of the Declarant to remove unauthorized signs from the Premises specifically includes, but is not limited to, the Declarant's right to remove any and all signs placed by real estate agencies or their representatives, including temporary reader board signs and other signage installations.
No person, including, but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any Lind for sign(s) removed by Declarant pursuant to this Section.
- The Board may cause any sign placed on Properties, in violation of this Article 12, Section 8, to be removed and destroyed without compensation of any kind to anyone including, but not limited to, any persons having an ownership interest in the sign. This section shall not apply to signage placed by Declarant (See Article 12, Section 8[d]).
- Additional signage may be installed by Declarant during the "Development Period" to promote the sale of Lots or houses, and to promote Declarant's project and company Notwithstanding anything in this Section 8 to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions, and specifically shall not be subject to the limitation set forth in this Section 8(a) on the number of signs and the size of signs. The Declarant shall not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Section 8(b). The Declarant has the authority to approve larger signs by builders/contractors for the purpose of general advertising not specifically related to an individual Lot or residence. This approval shall extend to the content, size, colors, and location of such signs. In all cases, approval of such special signage shall be at the sole and exclusive discretion of the Declarant.
- The Declarant further reserves the option to include the identification of C & M Development Partners, LLC, on the entry monument signage for the Properties at the time of installation of said entry monumentation. This identification may be "A C & M Development Partners, LLC, Community." Once installed, the Association shall be responsible to maintain this signage and identification in good condition, along with the Plat identification signage for the duration of these Covenants, Conditions and Restrictions as provided for in Article 16, Section 1, or until such time as C & M Development Partners, LLC, consents or elects to remove this identification. Each Owner hereby covenants that this section of the Covenants, Conditions and Restrictions shall not be amended without the express written approval of C & M Development Partners, LLC, even after expiration of the Development Period.
Section 9 - Delegation of Use and Responsibilities
Any Owner may delegate to members of his family or his tenants, in accordance with the Bylaws of Wilderness Hollow II Homeowners' Association, the Owner's right of enjoyment of Common Areas and Common Maintenance Areas. In the event an Owner rents or leases his Property, a copy of this Declaration, as well as any rules and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the rental agreement Each Owner shall also be responsible for informing guests and service personnel of the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association as they may relate to appropriate community behavior Each Owner personally, and the Owner's Lot, shall be responsible for any damages to any Common Areas and Common Maintenance Areas (or any other area maintained by the Association) or to any other Association property, whether real or personal, caused by an Owner's family, guest, tenant, agent, workman, contractor or other licensee or Invitee. The Association shall have a lien upon the Owner's Lot for the amount of damages.
Section 10 - Garbage and Trash
No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste shall not be kept, except m sanitary containers properly screened and shielded from adjacent properties. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition No trash, refuse pile, vehicles, underbrush, compost pile, or other unsightly growth or objects shall be allowed to group, accumulate or remain on any Lot so as to be unsightly, a detriment to the neighborhood, or become a fire hazard.
Section 11- Clothing Lines
No clothes line shall be located on a Lot so as to be visible from the street, Common Areas, or dwellings on other Lots.
Section 12 - Mortgagee Protection
- General - The following provisions are for the benefit of holders, insurers, and guarantors of first Mortgages on Lots in Wilderness Hollow II. This Article applies to both this Declaration and the Bylaws, notwithstanding any other provisions contained therein.
- Notices of Action - An institutional holder, insurer, or guarantor of a first Mortgage who provides written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Lot to which its Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled to timely written notice of.
- any condemnation or casualty loss which affects a material portion of the Property or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder,
- any delinquency in the payment of assessments or charges by the Owner of any Lot subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of sixty (60) days. Notwithstanding this provision, upon request any holder of a first Mortgage is entitled to written notice from the Association of any default in the performance by an Owner of a Lot of any obligation under the Declaration or Bylaws which is not cured within sixty (60) days,
- any lapse, cancellation, or material modification of any insurance policy maintained by the Association; or,
- any proposed action requiring the consent of a specified percentage of Eligible Holders.
- Special Freddie Mac Provision - If and to the extent required by the Federal Home Loan Mortgage Corporation ("Freddie Mac"), the following provisions apply in addition to and not in lieu of the foregoing Unless agreed to by at least sixty-seven (67%) of the first Mortgagees or at least sixty-seven percent (67%) of the Members, excluding Declarant, the Association shall not
- by act or omission seek to abandon. partition, subdivide. encumber, sell, or transfer all or any portion of the real property comprising the Common Areas, which the Association owns, directly or indirectly (the granting of easements for public utilities or other similar purposes consistent with the intended use of the Common Areas shall not be deemed a transfer within the meaning of this subsection);
- change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Lot.
- by act or omission change, waive, or abandon any scheme of regulations or enforcement pertaining to architectural design, exterior appearance or maintenance of Lots or the Common Areas (The issuance and amendment of architectural standards, procedures, rules and regulations, or use restrictions shall not constitute a change, waiver, or abandonment within the meaning of this provision.);
- fail to maintain insurance, as required by this Declaration, or,
- use hazard insurance proceeds for any Common Areas losses for other than the repair, replacement, or reconstruction of such property.
First Mortgages may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Areas and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy, and first Mortgagees making such payments shall be entitled to immediate reimbursement from the Association.
- Other Provisions for First Lien Holders - To the extent possible under Washington law.
- Any restoration or repair of the Property after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holders of first Mortgages on Lots to which at least fifty-one percent (51%) of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated.
- Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders of first Mortgages on Lots to which at least fifty-one percent (51%) of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated.
- The Declarant further reserves the option to include the identification of C & M Development Partners, LLC, on the entry monument signage for the Properties at the time of installation of said entry monumentation. This identification may be "A C & M Development Partners, LLC, Community." Once installed, the Association shall be responsible to maintain this signage and identification in good condition, along with the Plat identification signage for the duration of these Covenants, Conditions and Restrictions as provided for in Article 16, Section 1, or until such time as C & M Development Partners, LLC, consents or elects to remove this identification. Each Owner hereby covenants that this section of the Covenants, Conditions and Restrictions shall not be amended without the express written approval of C & M Development Partners, LLC, even after expiration of the Development Period.
Section 13 - Fuel Tanks
No fuel tank shall be located above round on any Lot unless screened from view in a manor satisfactory to the Architectural Control Committee.
Section 14 - Lighting
No Lot Owner shall erect or maintain outdoor lighting for sports court facilities, or for other purposes that causes unreasonable glare on to adjoining lots or streets. Excessive glare shall be defined as any high intensity lighting used to illuminate large areas for the purpose of outdoor activities Any such lights shall be properly shielded to avoid direct glare onto adjoining residences or streets, and shall also be turned off after 11 00 p m until 7.00 a m , unless otherwise directed by the Committee.
This restriction on outdoor lighting shall not in any way be construed to limit the right of any Lot Owner to install exterior lighting on structures and within yard areas for security purposes, or to install specialty lighting, such as, but not limited to lighting associated with holidays, such as Christmas The limitation on the hours of operation of high intensity lighting shall not apply to other lighting, as set forth herein.
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