HomeMy WebLinkAbout1979 - Declaration of Covenants, Condiitions and Restrictions - Upland Drive Business Park - 7904260924
This Declaration of Covenants, Conditions and Restrictions hereinafter
called "Declaration,' is made and executed in Seattle, King County, Washing-
ton, this '2.°11, day of 1979, by HERBERT J. DITTMAN,
DAVID HASSON N. DEAN SANDERS MAY SANdeRS, his wife, d/b /a B.S.H. In-
vestment Company, a partnership, and F. S. JONES CONSTRUCTION CO., INC., a
Washington Corporation. hereinafter referred to as "Declarant," pursuant to
the provisions of the laws of the State of Washington, Laws of 1963, Chapter
156, and amendments thereto in Chapter 11, Laws of First Extraordinary Session
of 1965, known as the Horizontal Property Regimes Act, hereinafter referred to
as "the Act," to submit the property described to the Act and also to create a
set of covenants, conditions and restrictions running with the land, and
WITNESSETN:
WHEREAS, Declarant is the owner of certain real property described as
follows: .
Lot 4, Upland's Tukwila industrial Park, according
to plat recorded in Volume 104 of Plats, pages 8. 9
and 10, in King County, Washington. Subject to all mineral
ri#ta am recorded under Auditor's Pile ■o. 7806080783
WHEREAS, Declarant is the owner of the buildings heretofore constructed
upon the aforesaid premises and intends to construct an additional building on
the premises, which property is intended to constitute a condominium develop-
ment under the terms and provisions of the Act and this Declaration, and it is
the desire and the intention of the Declarant to sell and convey apartments
therein to various purchasers, subject to the covenants, conditions and re-
strictions herein reserved to be kept and observed; and
MERCAS, Declarant has filed or will file for record In the office of the
King County Recorder, State of Washington, a set of plans for the condominium
apartments, hereinafter referred to as "plans "; and
W HEREAS, Declarant desires and intends by the filing of this Declaration
and the aforesaid plans to submit the above-described property and the build-
ings and other improvements constructed thereon, together with all the appur-
tenances thereto, to the provisions of the aforesaid Act, and in addition to
impose upon such property mutually beneficial restrictions under the general
plan of improvement of the Declaration and plans, for the benefit of all of
the said condominium development and the owners of apartments therein;
N OW, THEREFORE, the Declarant does hereby publish and declare that all of
the property. buildings and improvements described above are held and shall be
held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and
improved subject to the following covenants, conditions, restrictions; uses,
limitations and obligations. ail of which are declared to be and, by
-p.
DECLAMATION OF COVENANTS, CONDITIONS AND RES11ICTIOMS
ESTABLISHING THE CONDOMiNIIM
TO OE KNOWN AS
UPLAND DRIVE BUSINESS PARK
L
MP k► Rac.j AI tiMI I r r
/MECO TITLE INS. CO.
SEATTLE. /
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secs of deed, or interest hereunder are agreed to be, In furtherance of a plan
r.•a for the improvement of said property and the division thereof into condominium
apartments. The covenants, conditions and restrictions shall be deemed to run
with the land in the individual apartments and shall be a burden and benefit
ind or owning any
upon the land in the shall be binding upon any
apartments. the A real property
and lmprovaemnts, their grantees, successors, heirs, executors, administra
tors, debtees, and assigns.
1. DESCRIPTION OF BUILDING AND APARTMENTS
(a) Buildings
This Condominium consists of three buildings, two constructed and
one to be constructed. The two completed buildings, each having one story.
are designated Building 1 and Building 2. Building 1 contains five (5) apart-
ments - A, B. C, D and E; Building 2 also contains five (5) apartments - F,
H, 1 and J. Building 3, when completed, will contain one (1) apartment
All buildings will be of wood frame construction with concrete and wood e,.
teriors. None of the buildings will have a basement.
(b) Apartments.
Although 1n conventional usage "apartment" does not refer to commercial.
office or warehouse space. the word "apartment" is used in this Declaration in
keeping with the Act and refers to the individually - owned spaces in this con -
dominium.
A 261979 �, "7 S
PR
Apartment A
Approximate area: 4791 square feet.
Number of rooms: This apartment contains no interior walls at this
tine. Partitions to create rooms suitable to particular uses will
be installed to suit purchasers.
Location: This apartment is located at the south end of Building 1.
Access: Access to this apartment is from the entrances on the east
and west sides of the apartment, thence to the common driveways
leading to Upland Drive.
Other data: This apartment has the exclusive right to use the four,
teen (14) parking spaces to which it is assigned.
Apartments B and C
Approximate area: Apartment 8, 4825 square feet; Apartment C. 4761
square feet.
Nlmber of rooms: Each of these apartments contains no interior
walls at this time. Partitions to create rooms suitable to parti-
cular uses will be installed to suit purchasers.
2.
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Location: These apartments are situated side by side in Building 1,
with Apartment C northernmost.
Access: Access to these apartments is from the entrances on the
east and west side of each apartment. thence to the common driveways
leading to Upland Drive.
Other data: Each of these apartments has the exclusive right to use
the twelve (12) parking spaces to which it is assigned.
Apartment 0
Approximate area: 5366 square feet.
Maher of rooms: This apartment contains no interior walls at this
time. Partitions to create rooms suitable to particular uses will
be installed to suit purchasers.
Location: This apartment is situated to the north side of Apartment
C in Building 1.
Access: Access to this apartment is from the entrances on the east
and west side of the apartment, thence to the common driveways lead-
ing to Upland Drive.
Other data: This apartment has the exclusive right to use the four-
teen (14) parking spaces to which it is assigned.
Apartment E
Approximate area: 5555 square feet.
Amber of rooms: This apartment contains no interior walls at this
time. Partitions to create rooms suitable to particular uses will
be installed to suit purchasers.
Location: This apartment is located at the north end of Building 1.
Access: Access to this apartment is from the entrances on the east
and west side of the apartment, thence to the common driveways lead-
leg to Upland Drive.
Other data: This apartment has the exclusive right to use the four-
teen (14) parking spaces to which it is assigned.
Apartments F and G
Approximate area: Apartment F. 5966 square feet; Apartment G, 5951
square feet.
Number of rooms: Each of these apartments contains no interior
walls at this time. Partitions to create rooms suitable to parti-
cular uses will be installed to suit purchasers.
3.
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APR 26 1979)
4.
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Location: These apartments are situated side by side at the south
and of Building 2, with Apartment F southernmost.
Access: Access to these apartments is from the entrances on the
east and west side of each apartment, thence to the common driveways
leading to Upland Drive.
Other data: Each of these apartments has the exclusive right to use
the fifteen (15) parking spaces to which it is assigned.
Apartments N and 1
Aproximate area: Apartment N, 4797 square feet; Apartment 1, b
sgmare feet.
Number of rooms: Each of these apartments contains no interior
walls at this time. Partitions to create rooms suitable to parti-
cular uses will be installed to suit purchasers.
Location: These apartments are situated side by side in Building 2,
with Apartment N southernmost.
Access: Access to these apartments is from the entrances on the
east and west side of each apartment, thence to the common driveways
leading to Upland Drive.
Other data: Each of these apartments has the exclusive right to use
the twelve (12) parking spaces to which it is assigned.
Apartment J
Aproxiaate area: 4733 square feet.
Number of rooms: This apartment contains no interior walls at this
_ time. Partitions to create rooms suitable to particular uses will
be Installed to suit purchasers.
Location: This apartment is situated at the north end of Building
2. -1
Access: Access to this building is from the entrances on the soutn
and west side of each apartment, thence to the common driveways
leading to Upland Drive.
Other data: This apartment has the exclusive right to use the
twelve (12) parking spaces to which it is assigned.
A 1rtsent [
Approximate area: 12,000 square feet.
amber of rooms: This apartment contains no interior walls at this
time. Partitions to create rooms suitable to particular uses will
be installed to suit purchasers.
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Location: This apartment is located in Building 3.
Access: Access to this apartment 1s from entrances on the south and
east side of the building, thence to the common driveways leading to
upland Drive.
Other data: This apartment has the exclusive right to use the
thirty -town (32) parking spaces to which It is assigned.
2. DESCRIPTION OF PARKING SPACES
There are one hundred thirty -two (132) parking spaces located round and
about Buildings 1 and 2. Each space is identified by the same letter (A -J) as
the apartment to which 1t is assigned.
the SSific locations of parking spaces can be ascertained by referring to
P
Assigned parking spaces shall remain indivisible from apartments, but may
be rented or leased by the assigned owner to any other owner of the condomin-
ium.
The located around ci Building location 3 of the sthirtytoon (32) parking spaces which will be
slent t0 the s 9 Apartment K will be made by amend -
urvey upon completion of Building 3.
3. DESCRIPTION Of COMON AREAS AND FACILITIES
The Cameo Areas and facilities consist of the following:
a. The land above described on which the buildings are situated.
b.
wells (oxci non-beari foundations. g t columns. girders. beams, supports, main
structures, parts and reefs of the buildings. apartments), and all other
(e) The gardens, walkways and driveways around and about the buildings.
(d) The installations of central services such as power, light, gas and
voter.
4. DESCRIPTION OF LIMITED COMMON AREAS AND FACILITIES
The limited Canon Areas and facilities are as follows:
(a) The parking spaces are limited Common Areas for the exclusive use of
assigned apartment owners.
(b)
for
the The co a e1 adjacent entry way to the apartments are limited Common Areas
apartments.
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3. VALUE AND PERCENTAGE OF UNDIVIDED INTEREST IN COMION
AREAS
This condominium consists of eleven (11) apartments aM related Casson
and Limited Cowen Areas and one hundred sixty-four (164) parking spaces. The
total value is $2.274,600. The percentage of undivided interest in the Common
Area and facilities, which percentage attaches to each apartment and its owner
for all purposes including voting is, for each of the apartments, as stated
below. The values are schedules to establish the percentage required by the
Act and do not reflect, necessarily, the amount for which an apartment will be
sold, from time to time, by Declarant or others.
Apartment
A
B
C
0
E
F
6
11
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6. SERVICE OF PROCESS
Herbert J. Dittman, Securities Building, 1905 - 3rd Avenue. Seattle.
Washington 96101, is hereby designated as the person to receive service of
process in the cases provided in the Act.
7. OWNERS ASSOCIATION AND VOTING
a. All the owners of apartments shall constitute the Upland Drive Busi-
ness Park Owners Association (hereinafter "Association ") as provided in the
Act. Natural persons. partnerships. corporations, trusts or other lawful
business entities may own or have ownership interests in apartments.
b. The total voting power of all owners shall be 100 votes and the
total number of votes available to the owners of any one apartment shall be
equal to the percentage of undivided interest in the Common Areas and facili-
ties appertaining to such apartment. If a person, corporation or firm owns
more than one apartment he or it shall have the votes for each apartment
owned.
c. There shall be one voting owner or agent for each apartment. Such
voting owner or agent shall be designated by the owner or owners of an apart-
ment by written notice signed by each party with an ownership interest, which
notice shall be filed with the Board or managing agent. The voting agent need
not be an owner. Any designation of voting owner or agent may be revoked at
any time by any one of the parties with an ownership in t in the apartment
Value
$ 175,000
170,000
170.000
193,600
193.600
217,000
210,600
170.000
170,000
172,200
432.000
$2,274.600
1.
Per'cM
7.694
7.474
7.474
6.520
6.520
9.540
9.267
7.474
7.474
7.571
16.992
100.000
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moss written notice filed with the Board or Mimeos?, and shall be demised re-
voked when the Board or Manager receives actual notice of the death or judi-
cially declared Incompetency of the owner or one of the owners of an apart -
ment, or of the conveyance by such owner of his apartment. Where no designa-
tion 1s made, or where a designation has been rode but is revoked and no new
designation has been made, the husband, if a husband and wife have an owner-
ship interest, shall be the voting owner for such interest, and in other
situations where there is more than one wner, the voting owner shall be the
group composed of all owners of the apartment and any or ail of such persons
may attend any meeting of the owners, and those present at any meeting, if
they act unanimously, may cast the votes to which their apartment is entitled.
Declarant shall be entitled to cast the vote of any apartments owned by the
Declarant.
d. As rased in this Declaration, the term •Nortgege" shall include •
deed of trust and the term 'Mortgagee" shall include the beneficiary of a deed
of trust. The owners of an apartment may pledge their vote regarding special
matters to a mortgagee of the apartment. In the event the owner or owners
have pledged their vote regarding special matters to a mortgagee, and if 1n "?
addition a copy of such mortgage with a statement of the special items res-
pecting which the vote is pledged is filed with the Manager or Board, only the
vote of the mortgagee or its agent will be recognized in regard to the special
n etters upon which the vote is so pledged. Amendments to this paragraph shall
only be effective on the written consent of all the owners and their respect-
ive mortgagees. if any.
e. In the event of a contract sale of an apartment, contract purchaser
shell be the party entitled to cast a vote for the apartment unless the con-
tract specifically reserves the voting power regarding special matters to the
vender and a copy of the contract with a statement of special items as to
which the vote is reserved is filed with the Manager or Board, in which case,
o nly the vote of the vendor or his agent will be recognized with regard to the
special matters so reserved. Amendments to this paragraph shall only be
effective upon the written consent of all the voting owners and their respec-
tive venders, if any.
0. 000R1N1 - MEETINGS
a. The presence at a meeting of apartment owners or their spots having
a mjjority of the total votes shall constitute a quorum. In the event that a
gmonu is not present at any meeting, the owners present, though less than a
goon, may adjourn the meeting to a later date and give notice thereof to all
the owner: in accordance with the notice provisions of the Declaration. and at
the meeting the presence of owners holding in excess of thirty (3071) percent
o f the total votes shall constitute a quorum for the transaction of business:/
but in the event a quorum is not present at the meeting, the owners present,
though loss than a quorum, may give notice to all the owners in accordance nth
the notice provisions of this Declaration of a further adjourned meeting, and,
at that meeting, whatever owners are present shall constitute a quorum. Un-
less otherwise expressly provided in this Declaration. any action may be taken
at a meeting of the owners upon the affirmative vote of a majority of the
voting power of the owners present and voting, providing that a quorum is pre-
sent.
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b. Annual Meeting. Then shall be an annual meeting of the owners in
Pew the first quarter of each year at such reasonable place and time as may be de-
signated by written notice of the Board, delivered to the owners not less than
ten (10) days prior to the date fixed for said meeting. At the annual
meeting. the Board shall present an audit of the cnammon expenses, Itemizing
receipts and disbursements for the preceding calendar year, the allocation
thereof to each owner, and the estimated common expenses for the coming year.
Within ten (10) days after the annual meeting, a statement summarizing the
audit shall be delivered or mailed to the owners not present at said meeting.
The Board at any time, or twenty (20%) percent of the owners by written re-
quest, may require that an audit of the owners' Association and management
books be presented at any special meeting. An apartment owner, at his own ex-
pense. may at any reasonable time sake an audit of the books of the Board and
Manager.
C. Special meetings. Special meetings of the owners may be called at
amy time for the purpose of considering matters which by the terms of the Act
or of this Declaration require the approval of all or some of the owners, or
for any reasonable purpose. Said meeting shall be called by written notice,
signed by a majority of the Board, or by the owners having 1 /4th of the total
votes and delivered not less than ten (10) days prior to the date fixed for
the said meeting. Said notices shall specify the date, time and place of the
meeting. and the matters to be considered at such meeting.
!. NOTICES
a. Any notice permitted or required to be delivered as provided herein
shell or may be delivered either personally or by mail. 11 delivery is made
by soil. such notice shall be deemed to have been delivered twenty-four (24)
hours after a copy of some has been deposited in the United States mail. post-
age prepaid, addressed to the person entitled to such notice at the address
given by such person to the Board or Manager, in writing. for the purpose of
service of such notice. Notice to the owner or owners of an apartment shall
be sufficient If mailed to the apartment of such person or persons if no other
moiling address has been given to the Manager or Board by any of the persons
so entitled. Such address may be changed (roe time to time by notice in
writing to the Board or to the Manager. Notice to be given to the Manager or
Board may be given to Declarant until such time as the Association and Board
have been constituted or Manager employed, and thereafter shall be given to
such Manager or to the chairman or to the secretary of the Board.
b. Upon written request therefor, and for a period of ten (10) years
after such request, the vendor, mortgagee, or deed of trust beneficiary of any
apartment shall be entitled to be sent a copy of any notices respecting the
apartment covered by such security instrument until the request is withdrawn
or the security right is discharged.
10. BOARD OF DIRECTORS OF THE OWNERS ASSOCIATION
ZDMPOSITIDM ELECTION. TERN, PROCEEDING, RTGNTS AND
POWERS OF DECLARANT
a. Composition. The Board of Directors of the Owners Association shall
be composed of three (3) apartment owners. Individual owners, general part-
ners of partnerships, and officers of corporations with ownership interests
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win elected nny unsold apartments, �apartme Declarant shell, ataDe period 1 aant $ t(eeq Mclabeena
member of the Board.
b. Election. At each arwaal maURimg, sabJect to the provisions of sub-
paragraphs a. and f. of this section, the owners shall elect directors to re-
place those whose terms have expired; provided. however, that the first Board
elected hereunder may be elected at a special meeting duly called by Declar-
ant, said Board to serve until the first annual meeting held thereafter.
Nomination of • slate of candidates for subsequent Boards may be made by a
nominating committee selected by the Board. Additional nominations may only
be made by means of a petition signed by at least two apartment owners. Nomi-
nations shall be made to conform the Board to the composition provided for in
subparagraph a. hereof.
c. Term. Members of the Board shall serve for a term of one (1) year.
The misers of the Board shall serve until their respective successors are ,
elected, or until their death, resignatio or removal; provided that if any
member ceases to be an owner, his members �ql
• n the Board t hhenronote , r
urinate. In the event of a vacancy by any cause
the remaining Board members may elect a replacement Board member who shall
serve until the next annual meeting or until any special meeting called to
elect a new Board member.
d. Removal. Subject to the provisions of subparagraphs a. and f.
hereof, any Board member may be removed from membership on the Board and a
successor may be elected for the unexpired term by a vote of the owners at a
special meeting called for such purpose; provided that unless the entire Board
is cast agavrdst an his� exceeds hirty not (301 percentf of votes
of the total voting
power.
•. Proceedings. Two (2) members of the Board shall constitute a quorum
and, if a quorum is present, the decision of a majority of those present shall
be the act of the Board. From its membership the Board shall elect a presi-
dent of the Board and the Association who shall preside over both its meetings
and those of the owners. The Board shall additionally elect a vice president,
a secretary and a treasurer. The latter two offices may be combined and the
Manager functions of these offices under the direction of the officer if
the Board o
directs. Meetings of the Board may be called, held and conducted in accord-
ance with this Declaration and such bylaws and regulations as the Board may
adopt. The Board may also act without a meeting by unanimous written consent
of its members as evidenced by their signature upon any minutes or resolutions,-
of the Board.
f. Declarant Nay Perform All Board Functions. Until a date two (2)
years from the date of recording this Declaration, or until one (1) year after
all apartments have been sold and occupied, whichever is sooner, all of the
rights, duties and functions of the Board and Manager shall, at Declarant's
option, be exercised only and entirely by Declarant, or may be transferred to
a Board elected as provided in this paragraph at such prior time as Declarant
may determine. The Declarant may hold elections and constitute an advisory
board composed. insofar as reasonably possible, as provided in subparagraph
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rules and regulations for the Association, may give notices and call
meetings; determine, assess, collect, or receive, and d expe A
sociation funds; hire a Manage
quired; purchase supplies and equipment and determine maintenance and other
policies; set up and constitute Association books and accounts; and generally
exercise all powers Necessary to carry out the provisions �sse condominium tis Declaration at
and anage themselves, or through employed
epeent. Acceptance of en interest in apartments described in this Declaration
indicates acceptance of this management authority in Declarant for the initial
period of condominium operation indicated. l an d and pro ecgtio out t set (o th
Declarant is entitled to the power,
this Declaration for the Board.
g. Mortgagee of the apartment refers to the holder of the mortgage or
deed of trust en an apartment which was recorded simultaneous with or after
the recordation of this Declaration. Mortgagee of the condominium refers to
the holder of the deed of trust or mortgage on the real property which this
Declaration affects and which was executed and recorded prior to the recorda-
tion of this Declaration.
In the event the mortgagee of the condominium becomes bound by the
Condominium Declaration by signing the consent contained in Section 36 hereof.
and forecloses his mortgage or deed of trust and obtains possessory rights.
legal title. or sheriff's certificates or certificates of sale to or covering
the unsold apartment or apartments and appurtenant common areas covered by the
respective deed of trust or mortgage liens, then the mortgagee of the condo-
minium shall succeed to and assume, to the exclusion of the Declarant. all
poem of the Declarant as set forth in this Declaration; and further, in the
e vent the mortgagee of the condominium commences a foreclosure or accepts
title to the unsold units by deed in lieu of foreclosure. during the time the
Declarant may perform all Board functions pursuant to paragraph 10-1 of this
Declaration, then said powers t may to, sha extended
to which the mortgagee f e
for an n additional two (2) Years. The mortgagee of the condominium shall be
entitled to appoint a receiver during the pendency of any foreclosure and said
receiver shall Immediately, upon appointment. succeed to and assume Oeclar
ant's pewees as set forth in this Declaration, and shall be entitled to sell
unsold apartments during pendency of said foreclosure. and said sales shall be
subject to confirmation by court order.
111. AUIimAITY OF TIE BOARD
The Board, for the benefit of the condominium and the owners. shall en-
force the provisions hereof and shall acquire and shall pay for. out of the
Cream expense fund hereinafter provided for. the following:
a. Water, sewer, garbage collection. electrical. and other necessary
utility service for the Common Areas (and to the extent not separately metered
or charged, for the apartments).
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b. hlieie, of insurance as the sane are were folly set forth in Sec-
tion 29 of this Declaration.
c. The services of o person or firm to menage the affairs of the condo-
minium (heroin called 'the Manager) to the extent deemed advisable by the
Board, as well as such other personnel as the Board shall determine are neces-
sary or proper for the operation of are Common Areas,
by the th �uch personnel
are employed directly by
d. Legal and accounting services necessary or proper In the operation
of the Association affairs, administration of the Common Areas or the enforce -
sent of this Declaration.
e. painting, maintenance, repaicnd all landscaping and gardening were
for the Common Areas, the parking spa which are limited Common Areas. ant_
such furnishings and equipment for the Commo:n'Areas as the Board shall deter-
mine are necessary and proper. and the Board shall have the exclusive right
end duty to acquire the same for the Common Areas; provided. however, that the
interior o rsathereof each
all such Maintenance topainted.
beatthe sole maintained and repaired
of the particular owners.
f. Amy other materials, supplies, labor, services, maintenance. re-
pairs, structural alterations, insurance, taxes, or assessments which the
Board is required to secure by law or which in its opinion shall be necessary
or proper for the operation of the Common Areas or for the nfo co th
Dec provided that if any such materials. supp
maintenance, repairs, structural alterations• insurance. taxes or assessments
are provided for particular apartments, the cost thereof shall be specially
assessed to the owner of such apartment.
Maintenance and repair of any apartment, if such maintenance or re-
pair g is reasonably necessary in the discretion of the Board to protect the
Common Areas or preserve the appearance and value of the Condominium Develop
ment, and the owner or owners of said apartment have failed or refused to per-
form said maintenance or repair within a reasonable time after written notice
of the necessity of said maintenance or repair delivered by the Board to said
owner or owners, provided that the Board shall levy a special assessment
against the apartment of such owner or owners for the cost of said maintenance
or repair.
h. The Board may also pay any amount necessary to discharge any lien 4.
encumbrance levied against the entire property or any part thereof which is
claimed to or may, in the opinion of the Board, constitute a lien against the
property or against the Common Areas, rather than Merely against the interest
therein of particular owners. Where one or more are responsible for the
existence of such lien, they shall be jointly and severally liable for the
cost of discharging it and any costs and expense incurred by the Board by
reason of such Peen or liens shall be assessed against the owners and the
apartments responsible to the extent of their responsibility.
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12. BOARD POWERS. EXCLUSIVE
The heard shall have the exclusive right to contract for all goods, ser-
vices and insurance. payment for which is to be made from the common expense
fund. This power say be exercised by Declarant as provided herein until the
first bard is formed.
11. ALTERATIONS. ADDITIONS AND IMPROVEMENTS - LIMITATIONS
The bars shall sate no alterations, capital additions to. or capital im-
provements of the Common Areas or individual apartments requiring an expend-
iture in excess of Three Thousand Ool'ars (13,000). without prior approval of
the owners holding a majority of the total votes. Any structural alterations
to apartments or changes of apartment configuration are governed by Section 19
hereof.
14. COON EXPENSES: ASSESSMENTS
a. Within thirty (30) days prior to the beginning of each calendar year
the Beard shall estimate the net charges to he paid during such year, and
shall include a reasonable provision for contingencies and replacement and ac-
quisition and operating reserves, less any expected Income and any surplus
available from the prior year's fund; provided that Declarant or the initial
Board may et any suitable time establish the first such estimate. Said esti-
meted requirement shall be assessed to apartments and the owner or owners
thereof pursuant to the percentage of individual interest in the Common Areas
and facilities set forth in Section 5 of this Declaration. if said sum esti-
meted proves inadequate for any reason, including nonpayment of any owner's
assessment. the Board may at any time levy a further assessment, which shall
be assessed to the owners in like proportions. Each owner shalt be obligated
to pay assessments made pursuant to this paragraph to the treasurer or Manager
for the Association in equal monthly installments on or before the first day
of each month during such year, or in such other reasonable manner as the
hoard shall designate, and any unpaid assessments shall bear interest at the
rata of tan (101) percent per annum from due date until paid.
10 the event the mortgagee of the condominium is conveyed any unsold
apartments in lieu of foreclosure, obtains possessory rights, legal title or
sheriff's certificates or certificate of sale to or covering said unsold
apartments as a result of the foreclosure of the mortgage or deed of trust
covering the condominium, or if after initial sale the mortgagee reacquires
any apartment, or if at any time the mortgagee retains any apartment and
grants or leases the same, the mortgagee shall be liable for the normal
assessments for such apartment, provided that in no event will the mortgagee
he liable for any past-due assessments which accrued or became due prior to
the time the mortgagee obtained possession of an apartment by foreclosure or
by died in lieu of foreclosure.
b. All leads collected hereunder shall be expended for the purposes de-
si/nt l herein.
c. The heard shall require that the Association maintain separate ac-
eamnts for current operations. reserves, and a special separate reserve ac-
tmurt for payment of insurance. Each month the Board shall first deposit to
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the insurance reserve account that portion of the common expenses assessment
necessary to pay at least onetwelfth (1/12) of the total cost of all of the
insurance policies provided regarding the condominium or called for In this
Declaration, and such insurance reserve account shall be held separately and
inviolate until utilized for payment of insurance premiums. Thereafter, the
remainder of the common expenses collected may be utilized for payment of
other expenses or deposited or credited to other accounts.
d. The emission by the Board before the expiration of any year, to fix
the assessments hereunder for that or the next year, shall not be deemed a
waiver or modification in any respect of the provisions of this Declaration,
or a release of the owner from the obligation to pay the assessments, or any
installment thereof for that or any subsequent year, but the assessment fixed
for the preceding year shall continue rtI1 the new assessment is fixed.
e. The Manager or Board shall keep detailed accurate records in the
form established by the Association's accountant of the receipts and expendi-
tures of the Association, and affecting the Common Areas, specifying and
itemizing the maintenance and repair expenses of the Common Areas and any
other expense incurred. Such records and any resolutions authorizing the pay-
ments involved shall be available for examination by any owner at convenient
hours of week days.
15. DEFAULT IN PAYMENT OF ASSESSMENTS - COLLECTION -
)gfICE OF OBLIGATION
a. Each monthly assessment and each special assessment shall be separ-
ate, joint and several personal debts and obligations of the owner or owners
of apartments for which the same are assessed at the time the assessment is
made and shall be collectible as such. Suit to recover a money judgment for
unpaid common expenses shall be maintainable without foreclosing or waiving
the lien securing the same. The amount of any assessment, whether regular or
special, assessed to the owner of any apartment, plus interest at the legal
rate, and costs, including reasonable attorney's fees, shall be a lien upon
such apartment. The said lien for payment of common expenses shall have
priority over all other liens and encumbrances, except for those provided in
RCM 64.32.200(2).
b. A certificate executed and acknowledged by the treasurer or the
president of the Board or by the Manager, if neither the president nor the
treasurer is available, stating the indebtedness or lack thereof secured by
the lien upon any apartment created hereunder, shall be conclusive upon the
Board and the owners as to the amount of such indebtedness on the date of the
certificate in favor of all persons who rely thereon in good faith. and such
certificate shall be furnished to any owner or any encumbrancer or prospective
encumbrancer of an apartment within a reasonable time after request, in re-
cordable form, at a reasonable fee, not to exceed Ten Dollars (110.00). Any
encumbrancer holding a lien on an apartment may pay any unpaid common expenses
payable with respect to such apartment and upon such payment such encumbrancer
shall have a lien on such apartment for the amounts paid of the same rank as
the lien of his encumbrance.
c. Security Deposit: An apartment owner other than a mortgagee of the
condominium who has taken possession of any apartment pursuant to the exercise
:a
9 1 1 4 7 0 r.
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'. of his security interest may be required by the Board of the Association, from
tine to time, to make a security deposit not In excess of three months' estl-
Meted ninthly assessments, which may be collected as are other assessments.
Such deposit shall be held in a separate fund, credited to such member, and
resort may be had thereto at any time when such member is ten (10) days or
mere delinquent in paying his monthly or other assessments.
d. Foreclosure of Assessment lien - Attorney's Fees and Costs: The
Declarant, Manager, or Board of Directors, on behalf of the Association, may
initiate action to foreclose the lien of any assessment. In any action to
foreclose • lien against any apartment for nonpayment of delinquent assess-
ments, my judgment rendered against the owners in favor of the Association
shell include • reasonable sum for attorney's fees and all costs and expenses
reasonably incurred in preparation for or in the prosecution of said action,
in addition to taxable costs permitted by law.
e. From the time of commencement of any action to foreclose a lien
against en apartment for nonpayment of delinquent assessments, the owner of
such apartment shall pay to the Association the reasonable rental value of
said apartment to be fixed by the Board of Directors of the Association. and
the plaintiff in any such foreclosure shall be entitled to the appointment of
• receiver to collect the same, who may, if said rental is not paid, obtain
possession of the apartment, refurbish it for rental up to a standard for ran-
• cal units of this type of building, rent or permit the rental to others and
Apply rents first to costs of the receivership and attorney's fees thereof,
then to costs of refurbishing the apartment, then to public charges, than to
the Association to pay delinquent assessment charges.
f. Tenminatlon of Utility Service: In addition to and not by way of
limitation upon other methods of collecting any assessments, the Association
shell have the right, after having given ten (10) day's notice to any apart-
ment orasr who Is delinquent in paying his assessments, to cut off any or all
utility services to the delinquent owner's apartment until such assessments
are paid.
g. If an apartment is rented by its owner, the Board may collect and
the tenant or lessee shall pay over to the Board so much of the rent thereof
•s is required to pay any amounts due the Board hereunder, plus interest and
costs, if the same are in default over thirty (30) days. The renter or lessee
shall not have the right to question payment over the Board, and such payment
will discharge the lessee's or renter's duty of payment to the owner but will
not operate to discharge the continuing obligations of the owner under this
Declaration for assessments, or operate as an approval of the lease. The
Board shall not exercise this power where a receiver has been appointed.
h. The remedies provided are cumulative and the Board may pursue thee
eomcwrrmntly, es well as any other remedies which may be available under law
although not expressed herein.
16. MORTGAGE PROTECTION
a. Notwithstanding all other provisions hereof, the liens created here-
u nder upon any apartment for assessments shall be subject and subordinate to,
and shall not affect the rights of the holder of, any indebtedness secured by
%PR 261979 -
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mortgages or beds of tent upon the apartment node in good faith and for
trust, provided be a lienrcreated foreclosure rsuat to thhee provisions t Won the
ante the
the
of Os there the rchaser at such sale to secure all assessments, whether
interest _
regular or special, assessed hereunder to such purchaser as an owner after t
e be enforced in the h sane d manner asp ided herein, manner as provided In effect
te of such sale, 64.32.200.
b. In the went that professional management is employed by the Associ
ation, any agreement for professional management shall provide for tereiation
by either party without cause or payment of a termination fee on ninety (
days' three or less ite
in institu contract insti-
to tonal first years.
tutional tint deed of trust beneficiary helprofessioaltmanagerthirty (3ortiUj
days' notice of any contemplated change l
c . Except when acting pursuant to the provisions of the Act Involving
damage or dtf he ages without consent of all in- trust benefici
aries o? al tint mortgagee
arias of any apartment, seek to abandon the condominium status of the project.
d. The Association shall not partition or subdivide any apartment, nor
shall the Association, by act or omission, seek to abandon, partition, sub-
divide, encumber, sell or transfer the common elements of the project, or ac-
cept any proposal so to do, without the prior approval of all institutional
first mortgagees or institutional first deed of trust beneficiaries of any
apartment directly affected.
e. The Association shall not change the percentages of interest for the
purpose of changing the levying of assessments and charges and
the priior�approvall of nstitu al a firproject
t jmortgagees� without
first deed of trust beneficiaries of any apartment.
f. All institutional first mortgagees or institutioal tint deed of
trust beneficiaries shall have the right to examine the books request ks and during
records of
the condominium Association or the condominium project
normal business hours.
g De remdeent of this Declaration shall be effective to modif•
change, limit or alter the rights duly recorded gagees in t
unsatified t�..
instrument with respect to any mortgage holder of such mortgage•
amend.ent shall be consented to in writing by
h. Any institutional first mortgagee or institutional first deed of
trust beneficiary, upon request is entitled to written notice from the Associ-
ation of any default in the performance of an individual apartment owner of
any obligation under the Condominium Declaration or by-laws which is not cured
within sixty (60) days.
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APR 261979 i
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17. DELEGATION TO MANAGER
a. The Board may delegate any of its duties, powers or functions, in-
clding, but net limited to, the authority to give the certificates provided
for herein, to any person or firm, to act as Manager of the condominium, pro-
vided that any such delegation shall be revocable immediately upon notice by
the Board. The members of the Board shall not be liable for
ru io so o
omission r
o
improper exercise by the Manager of any such duty, power or
gated. In the absence of any appointment, the president of the Board may act
as Manager. Declarant is entitled to the protections of this section.
b. Amy Manager named or employed by Declarant shall be employed to man-
age only so long as Declarant is entitled to exercise the powers of the Board.
Thereafter, the bard shall have the right to retain or discharge said Manager
es it determines desirable in its discretion.
3. OWNER'S OBLIGATION TO REPAIR: COVERED ENTRIES, PARKING
SPACES
a. Each apartment owner shall at the said owner's expense keep the in-
terior of his apartment and its equipment and appurtenances in good order,
condition and repair and in a clean and sanitary condition, and shall do all
Maceration, painting and provide all upkeep which may at any time be neces-
sary to maintain the good appearance and condition of his apartment. in addi-
tion to decorating and keeping the interior of the apartment in good repair,
the owner shall be responsible for the maintenance, repair or replacement of
any mechanical or electrical fixtures. equipment or systems that may be In, or
connected with, the apartment.
b. Tie ever shall also, at the owner's own expense, keep the entry way
and any parking space which has been assigned to his apartment in a clean and
sanitary condition and is generally responsible for their maintenance, how-
ever, pursuant to Paragraph (e) of Section 11, the Board may contract for the
cleaning of the parking areas as a common expense. The Association and Manager
shall not be responsible to the owner for loss or damage by theft or otherwise
of articles which may be kept or stored by the owner in a parking space or
apartwmt.
c. The over shall not 'modify, paint or decorate any portion of the ex-
terior of the building or other Common Area or any portion of the entry way or
parking space without first obtaining written consent of the Board. In order
to mmintaln a uniform, pleasing architectural appearance, the owners agree
that the Board may require the painting of each entry way and regulate the
type and color of paint to be used, and may contract for painting of all entry
ways as a common expense.
13. PROVISIONS FOR SUBDIVIDING AND COMBINING
(a) Subdivision and/or combining of any apartment or apartments, Common
Areas and facilities or limited Common areas and facilities, other than the
subdivision of Apartment K by the Declarant and its successors, assigns and
purchasers, are authorized only as follows:
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(1) Amy owner of any apartment or apartments may propose any sub-
dividing or combining of an apartment or apartments, and appurtenant Common
Areas or limited Common Areas in writing, together with complete plans and
specifications for accomplishing the same and a proposed amendment to the
Declaration, Survey Nap and Plans covering such subdividing or combining, to
the Board of Directors, which shall then notify all other owners of the re-
quested subdivision or combination.
(2) Upon written approval of such proposal by sixty percent (BOX)
of the owners, the owner making the proposal may proceed according to such
plans and specifications; provided that the Board may in its discretion (but
it is net mandatory that the Board exercise this authority) require that the
Board administer the work or that provisions for the protection of of o
apartments or Common Areas or reasonablgleadlines for completion of the r
be inserted in the contracts for the worklwand provided further that no apar.
sent or any of the limited Common Areas or Common Areas may be subdivided or
combined without the prior written approval of the mortgagee of the condomin-
ium.
(3) TM required amendments to the Declaration and the Survey Map
and Plans, if any, shall be placed of record in the fors described in Section
31.
(b) The Declarant, his successors, assigns and purchasers shall be per-
mitted to subdivide Apartment K and further subdivide or combine the apartment
or apartments created by such subdivision of Apartment K without the approval
or consent of the owners, other than the owners of the apartment or apartments
which are to be subdivided or combined. Prior to commencing such subdivision
or combination, the owners of the apartment or apartments so involved shall
provide the Beard of Directors with complete plans and specifications for ac-
complishing same, together with a proposed amendment to the Declaration. Sur-
vey Nap and Plans covering the subdividing or combining. The Board of Direc-
tors may in its discretion (but it is not mandatory that the Board exercise
this authority) require that the Board administer the or that provisions
for the protection of other apartments or Common Areas or reasonable deadlines
for completion of the work be inserted in the conditions for the work. Any
required aend•ents to the Declaration and the Survey Nap and Plans shall be
placed of record in the fore described in Section 31.
(c) The owners of the apartment or apartments created from the subdiv — '
sion of Apartment K shall have the right to alter and improve their /parlor.
or apartments. Including the removal or relocation of interior walls or parti-
tions; provided, however, that such owners may not perform any act or work
which will impair the structural soundness of the property without the written
consent of all owners or mortgagees.
20. LIMITATION ON USE OF APARTMENTS AND COMMON AREAS
The apartments and Common Areas shall be occupied and used as follows:
(Reference to Common Areas include Limited Common Areas.)
a. M ewer can occupy or use his apartment for any legal business pur-
pose.
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b. Thera shell be ne obstruction of the Common Areas. Nothing shell be
Stared IN the Common Areas without the prior consent of the Board.
C. Nothing shell be done or kept in any apartment or in the Common
Aroma which will increase the rate of insurance on the Common Areas, without
the prior written consent of the Board. No owner shall permit anything to be
done or kept in his apartment or in the Common Areas which will result in the
cancellation of insurance on any unit or any part of the Common Areas, or
Witch would be in violation of any law. No waste will be committed in the
Comma Areas.
d. An apartment owner my display signs of a size, color and style ep-
propriata to the use of his apartment, subject to prior written approval of
the Board.
e. Ne animals, livestock or poultry of any kind shall be raised, bred,
er beet to any apartment or in the Common Areas.
1. No noxious or offensive activity shall be carried on in any apart -
ment er in the Common Areas, nor snail anything be done therein which say be
o r become an annoyance or nuisance to the other owners.
iN Nothing shell be altered or constructed in or removed from the Com-
mon Areas, except upon the written consent of the Board.
b. The Beard may adept rules regarding the above use limitations both
for apartments and the Common Areas. There will be no violation of such rules
adapted by the Board and furnished in writing to the owners.
21» ENTRY FOR REPAIRS
The Beard or its agents may enter any apartment when necessary in connec-
tion with any maintenance, landscaping or construction for which the Board is
responsible. Such entry shell be made with as little inconvenience to the
owners as practicable, and any damage caused thereby shall be repaired by the
H ard eat of the common expense fund if the entry was for the purpose of main-
tenance er repairs to Common Areas or another apartment where the repairs to
the ether apartment ware undertaken by the Board.
22. FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE
EB WIVE.
The failure of the Board or Manager to insist in any one or more instan-
ces epee the strict performance of any of the terms, covenants, conditions or
restrictions of this Declaration, or to exercise any right or option herein
contained, or to serve any notice or to institute any action shall not be con-
strued as a waiver or a relinquishment for the future of such term, covenant,
condition or restriction, but such term, covenant, condition or restriction
shall remain in full force and effect. The receipt by the Board or Manager of
any assessment from an owner, with knowledge of the breach of any covenant
hereof, shall not be deemed a waiver of such breach, and no waiver by the
N erd er Manager of any provision hereof shall be deemed to have been lade un-
less expressed in writing and signed by the Board or Manager. This section
also extends to the Declarant's exercising the powers of the Board during the
initial period of operation of the Association and Condominium development.
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APR 26 1979
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23. LIMITATION OF HOARD AND ASSOCIATION LIAOILiTY
The Board shall not be liable for any failure of any utility er ether
1 "7 service to be obtained and paid by the elemen hereunder, , resettiq for free injury er
ddms�meagpsa y , , person sr property
triclt, water, rein, dust or sand which may leak or flow from outside or free
any parts of the building, or from any of its pipes. drains, cemMlts, appli-
ances, or equipment, or from any other place. No diminutive er abatement of
common expense assessments shall be claimed or allowed for inconvenience or
discomfort arising from the making of repairs or improvements to the Common
Areas, or from any action taken to comply with any law, ordinance er orders of
• governmental authority. This exemption extends to the entire Association as
well as to the Board. Timplication issecio l not be interpreted ted t+ n e impose T�
ce
form of liability by any �n Board the rs of o Board
section also extends to the Declarant's exercising the pa
during the initial period of operation of the Association and condominium
development.
24. INDEMNIFICATION OF BOARD /EMBERS
Each member of the Board shall be indatfled by the owners against all
expanses and liabilities including attorney's fees. e ason lly be a p
Imposed upon him in connection with any proceeding
or in which he my become involved, by reason of his being or having been a
member of the Board, or any settlement thereof, whether or not he is a member
of the Board at the time such expenses are incurred willful , in cases
wherein the member of the Board is adjudged guilty
malfeasance in the performance of his duties; provided that in the event ouca
settlement the indemnification shall apply only when the Board approves
settlement and reimbursement as being for the best interests of the Associa
tion. This section shall apply also to the Declarant's exercising the powers
of the Board during the initial period of operation of the Association and
condominium development.
25. INSURANCE
The Board shall obtain and maintain at all times insurance of the type
and kind and in at least the amounts provided herein, and shall also provide
insurance for such other risks, of a similar or dissimilar nature, as are or
shall hereafter customarily be covered with respect to other condominium
developments similar in construction, design and use. The insurance policies
shall, insofar as reasonably possible, be governed by the following minimum
provisions, and such insurance shall be on a master policy basis covering the
entire condominium development:
a. A policy or policies of fire insurance with extended coverage for
full insurable replacement cost covering each of the apartments individually,
the building as a whole, and the Common Areas, or such other fire and casualty
insurance as the Board shall determine gives substantially equal or greater
protection to the owners or their mortgagees, as their respective interests
hey appear. The policy or policies shall provide for separate protection for
each apartment to the full insurable replacement cost thereof and ope or eo
separate loss payable endorsements in favor of any
gagees, or deed of trust beneficiary of each apartment.
b. T u Board of the Association, property during initial xerci ,gethe
authority of the Board and managing the
the condominium operation. shall be designated in the policy as named insured,
and as trustee for each of the apartment owners of the condominium in the per -
centages established in this Declaration, shall have v the Oeneflt adj ust
any loss and receive payment
apartment owners as their respective interests may appear. The Board and /or
Declarant as trustee shall deal with such proceeds as provided in this
Declaration. or as provided by law.
c. A policy or policies insuring the Declarant, the Association, the
Board, the individual owners and the Manger against any liability to the pub-
lic or to the owners of apartments, their guests, invitees, or tenants, for
property damage or bodily injury incident to the ownership or use of the Com-
mon Areas or apartments. a or ni of liability be on a nee s be
set b y the Board. Said policy policies
liability basis and shall provide a cross-liability endorsement wherein the
rights of named insured under the policy or policies shall not be prejudiced
as respects his, her, or their action against another named insured, or other
equivalent coverage of liability of the Association or owners to another
owner.
d. All of the insurance policies described and the ages set forth
therein shall be reviewed at least annually by the Board, and the Board shall
request of the agent or insurance carrier annual or more frequent updating or
valuations so that the fire insurance policies continuously reflect full re-
placement cost and the liability policies provide for adequate liability
coverage.
e. Workman's compensation coverage or employer's liability insurance to
the extent necessary to comply with any applicable laws.
f. All policies shall be written with a company licensed to do business
in the State of Washington and holding a rating of 'AM' or better by Best's
Insurance Reports.
g. A fidelity bond naming the Board and the Manager, and such other
persons as may be designated by the Board as principals. and the Association
and Board as obligees, in an amount equal to at least fifty percent (SO%) of
▪ coned estimated
protect the of the Association and the ssessee shall
ntsbeing
collected.
h. To the extent permitted in the policy of insurance, subrogation is
w aived as to any claims among or against the Declarant, the Board. the Associ-
ation. the Manager, the individual apartaent wars and their respective ser-
vants, agents, and guests.
1. The policies shall provide that the master policy on the condominium
coast be cancelled, invalidated or suspended on a account of the
demand in t woft a n y
officer or employee of the Board or Manager, without
that within a reasonable time the Board or Manager cure the defect or obtain
cessation of the conduct.
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The policies shall provide that any no other insurance' clause in
the master.pollcy exclude individual owners' policies from consideration.
Each tuner may obtain additional insurance for his apartment es provided
to RCN 64.32.010(1) and 64.32.220 at his own expense; provided, however, that
no owner shall be entitled to exercise his right to maintain insurance cover-
age in any manner which would decrease the amount which the Board, in behalf
of all of the owners, will realize under any insurance policy which the Board
may have in force on the condominium at any particular time. Each owner is
required and agrees to notify the Board of all improvements by the owner to
his unit, the value of which is in excess of On Thousand Dollars (61,000).
Any owner who obtains individual insurance policies covering any portion of
the condominium, other than personal property belonging to such owner, is
hereby required to file a copy of such individual policy or policies with the
Board within thirty (30) days after purchase of such insurance, and the Board
shall immediately review its effect witff'he Board's insurance broker, agent
or carrier.
26. DNMGE NO DESTRUCTION
In case of fire, casualty or any other disaster covered by the insurance
policies. causing any damage or destruction to any apartments or Common Areas.
the insurance proceeds shall be applied toward the reconstruction of the
building. Reconstruction, as used in this paragraph, means restoring the
building to substantially the same condition in which it existed prior to the
fire, casualty, or other disaster, with each apartment and the Common Areas
having the same vertical and horizontal boundaries as before. Modifications
to conform to then applicable governmental rules and regulations may be made.
Such reconstruction shall be accomplished by the Board, or the Manager at the
Board's direction shall have the authority to employ an architect, advertise
for bids and let contracts to contractors and others as required to effect the
reconstruction. The Board may authorize the insurance company to proceed with
the reconstruction upon satisfaction of the Board that such reconstruction
will be epprepriataly carried out.
If the Insurance proceeds are insufficient to repair or reconstruct the
building, damage to or destruction of the building shall nevertheless be
promptly repaired and restored by the Board, utilizing available insurance
funds, and all apartment owners shall be liable equally for assessment for any
deficiency as a common expense.
A unanimous decision of the apartment owners will be required to avoid
the provisions of this section and determine not to rebuild, repair or restore
the building. In the event of a decision not to rebuild, the Board may never-
theless expend such of the insurance proceeds as may be necessary to remove
the resins of building and place the site in condition required by any appli-
cable governmental rule or regulation, or in such condition as the Board may
determine is necessary to reasonably protect the owners from liability from
the condition of the site, and the funds shall thereafter be held and distri-
buted as provided by statute. In case of conflict between this section and
RCN 64.32.230, the latter prevails.
21.
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27. ENFORCFNEI!
Each owner shall triply strictly with the provisions a lof this Declaration here with the administrative rules and �fra time to yima, and with eri-
under, as the same say be lawfully amended
dons adopted pursuant to said Declaration and ands administrative rules recover regu-
l ations, and failure to comply shall beg
due for damages. for injunctive relief, or both, maintainable aggrieved the Bernayg r
r r ard o o
Men•ger on behalf of the owners. or in a proper cae, by
In the event • suit is brought for damages and/or injunctive relief. the
prevailing party shall be awarded reasonable attorney tees and cos f b s it,
and a judgment therefor shall be collectible against the losing D o all
means provided for in this Declaration and by law.
2B. ASSOCIATION PROPERTY
The Board or Manager may, from common funds of the Association, acquire
and Hold in the name of the Association. for the benefit of i ow ta e -
gfble and intangible personal property and real property and
in, and may dispose of the same by sale l b e or of therwise
the ;oandrthenbeneficcia pro -
p orit 1 such personal property shall
portion as as their respective interests in the Coamon Areas, o' otherwise dealt leased. rented,
with tsrtthaehebenefit of the common fund of the Association as the Board may or
direct. The Board valued in of One Thousand Dollars ($1,00 property lase
orrp probe Y a majority vote of the apartment owners.
or pmrchase except won
Within thirty (30) days following the termination of O•clarant's right to
amortise the powers of the Board of this Declaration. the Declarant shall exe-
cute and deliver a bill of sale loca the
ed Board d on b ehalf nt and furnished owners,
the transferring any hams of property
he Oclaralrt, which property is intended for the common use and enjoyment
the owners.
Nothing heroin shall authorize the Board or Association to carry on any
bm•iness for profit.
29. INTERPRETATION _
The provisions of this Declaration shall be liberally construed and toe
tuate its purpose of creating a uniform plan for the development
of a condominium development.
30. BY -LAYS
By -laws fee ths administration with the Act Association. a n d the terms intent
for ether c lam t the Association by sixty (609) per -
ctthis Declaration. shall be adop ed by
pmt of the votes of a quorum at a meeting to be held for that purpose.
N otice of the time, place and purpose of such meeting shall be BelAmerednto
mpartment each
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3111. MBdENT OF DECLARATION. SURVEY TRAP. PLANS
a. Amendments to the Declaration shall be Bade In any instrument in
writing entitled "Amendment to Declaration of Upland Drive Business Park Con -
dominium' which sets forth the entire amendment. Notice of any proposed
amendment must be given to all owners of apartments as provided herein and any
proposed amendment must be approved prior to its adoption by a majority of the
Beard of Directors of the Association. Amendments may be adopted at a meeting
of the owners if seventy -five (75%) percent of the owners vote for such amend-
ment. or without meeting if seventy-five (7511) percent of the owners consent
in writing to such amendment. In all events, the amendment shall bear the
signature of the president of the Board of the Association and shall be at-
tested by the secretary, who shall state whether the amendment was properly
adopted and shall be acknowledged by them as officers of the Association.
Amendments once properly adopted shall be effective upon recording in the of-
fice of the King County Recorder. Any decision changing the values and per-
centage of interest expressed herein, except for subdivision of Apartment K as
provided for in Section 19, shall require the unanimous consent of the apart-
ment owners. It is specifically covenantsrtnd understood by all parties ac-
cepting ownership interests in apartments under this Declaration that any
amendment to this Declaration properly adopted will be completely effective to
amend any or all of the covenants, conditions and reservations contained here-
in which may be affected and any or all clauses of this Declaration.
b. Subject to the provisions of Sections 19 and 32 hereof, the Survey
limp and Plans may be amended by revised versions thereof referred to and des-
cribed as to effect in an amendment to the Declaration adopted as provided for
herein. Copies of any proposed amendment to the Survey Nap and Plans shall be
made available for the examination of every owner. Such amendment to the Sur-
vey Nap and Plans shall also be effective once properly adopted, upon re-
cordation in the tiles of the King County Recorder.
•
32. NENDIENTS BY DECLARANT
It is specifically covenanted and agreed that Declarant. upon Declarant's
stir signature. may file an amendment or amendments to the Declaration and to
the Survey Nap and Plans upon the completion of Building 3, which amendment(s)
shall Include but not be limited to: (1) description of the apartment or
apartments and parking spaces for use by Building 3 apartment(s); (2) des-
cription of Common or limited Common Areas not included in this Declaration;
and (3) an as-built certificate showing the exact location and dimensions of
Wilding S and apartment(s) contained therein.
33. SEVERABiLITY
The provisions hereof shall be deemed independent and able, and the
invalidity or partial invalidity or unenforceability of any one provision or
portion thereof shall not affect the validity or enforceability of any other
provision hereof.
v
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23.
1
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DEFERENCE TO SURVEY NAP AND PLANS
The set of plans of the building referred to herein were filed with the
beorder of King County. Washington, simultaneously with the l of this
under Recorder's File No. 790 #2L(Y)A.�.
Condominiums. Pages 21-24 .
M. SIGNATURE M MORTGAGEES OF PROPERTY
a Washington Corporation. has
mortgage interests in the property, which is recorded in records of King
County under King County recording number , and said mortgagee
signs this Declaration to insure compliance with the Act and to show its con-
sent to the constituting of this property as condominium pursuant to o this
Declar Said mortgage
lated percentage of interest in the Common Areas as such apartment is sold, by
releases of mortgages recorded independently from this Declaration.
iN WITNESS WHEREOF jar undersigned instrument this instnent this
aj a day of 4{), 1979.
MAW:
5,
Title
ir .......
ADD o s I , :7
24.
F. S. JONES CONSTRUCTION CO.. INC., a
Washington Corporation
y
Titlo.sreedomm.
•
•
•
STATE OF Wa IINGTON )
County of King )
STATE OF WASHINGTON )
County of King )
:SS.
On this day of . 1979, before me. the
undersigned. a tary Public in a or the State of Washington, duly comis-
sioned and sworn. personally appeared
. to me known to be the of
the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therm
mentioned, and on oath stated that he � to execute the said i
strument and that the seal offixeen the corporate seal of said corporation.
Witness ay hand and official seal hereto affixed the day and year first
above written.
: SS.
Sotary Public In and for the State of
Washington. residing at
On this 1 day of .1979, before me, the
undersigned a ary Public in and or the State o Washington, duly commis-
sioned and sworn. personally appeared
to me known to e t e of F.
INC., a Washington Corporation, the corporation
that executed the foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that he is authorized to
execute the said instrument and that the seal affixed is corporate seal .•^.,
said corporation.
Witness my hand and official seal hereto affixed the day and year tint
above written.
ary is n a • or t to o
ashington, residing at
2S.
1070 1 • -
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