Greyhawk Ridge Homeowner’s Association CC&R
DECLARATION OF:
COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R)
OF THE PLAT OF GREYHAWK RIDGE II
WHEREAS, Members of Greyhawk Ridge Homeowners Association, which shall consist of members as defined hereunder, are the owners of certain property in the Clark County of Washington, which is more particularly described as follows:
Greyhawk Ridge at Pleasant Valley Phase I, II, & III Volume "H" of Plats, at Page 739, 755, & 756
NOW, THEREFORE, The Association hereby declares that all of the properties described above shall be held, sold 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 real property, and be binding on all parties having any right, title, or interest in the described property, or any part thereof their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
Definitions
Section 1 "Association" shall mean and refer to Greyhawk Ridge Association, its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property herein before described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. "Common Area" shall mean the entry island on NE 43rd Avenue and the area north of NE 119th Street before the south end of lots 1, 2, 3, 4, 5, and 28. These properties are owned by Clark County but are to be maintained by the Association. "Limited Common Elements" shall refer to those elements used exclusively by part of the owners, but have oversight by the Association for improvements or replacement to benefit the entire community. The "cluster Box Units", pedestals , and housings are included in the Limited Common Elements . The individual mailboxes are owned by the homeowner, as stated in the USPS Rules and Regulations.
Section 5. "Lot" shall mean and refer to any plat of land shown upon any recorded subdivision map of the properties.
ARTICLE II
Membership & Voting Rights
Section 1. Every owner of a lot, which is subject to assessment, shall be a member of the Association. Membership shall be appurtenant subject to assessment.
Section 2. The Association shall have one (1) class of voting membership:
Class A: Class A members shall be all owners and shall be entitled to one (1) vote for each lot owner. 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 (I) vote be cast with respect to any Lot.
ARTICLE III
Covenants for Maintenance Assessment
Section 1. Creation of the Lien and Personal Obligation of Assessments: The Declarant, for each lot owned within the properties, hereby covenant, and each Owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree 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 attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person(s) who was the owner of such property at the time when the assessment fell due.
Section 2. Purpose of Assessments: The Assessments levied by the Association shall be used for the formation and operation of the
Association, improvement and maintenance of the "Common Area" as described in ARTICLE I, Section 4, for the improvements or replacements of the "Limited Common Elements" as defined in Article I, Section 4, for the creation and operation of a complaint process to assist members in enforcement of the protective covenants in this Declaration and the representation of the Association to outside parties.
Section 3. Maximum Annual Assessment: Until January 1st of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall not exceed fifty dollars ($50.00). After October 2015, the maximum annual assessment shall not exceed one hundred dollars $100.00.
(a) From and after January 1st of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than six percent (6%) above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1st of year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above six percent (6%) by a vote of two-thirds (2/3) of the total membership who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment in an amount not in excess of the maximum.
Section 4. 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, improvement, or replacement of those items in the Common Area or of the Limited Common Elements, provided that any such assessment shall have the assent of two-thirds (2/3) of the total membership who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for any Action Authorized under Section 3 and 4: Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and/or 4 shall be sent to all members not less than thirty (30) days nor more than (60) 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 the total 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 sixty (60) days following the preceding meeting.
Section 6. Uniform rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all lots and will be collected on an annual basis.
Section 7. Dates of Commencement of Annual Assessments Due Dates: The annual assessments provided for herein shall commence as to all lots on the 1st day of the month following the conveyance title to the Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors 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 specified lot have been paid.
Section 8. Effect of Non-Payment of Assessments & Remedies of the Association: Any assessment not paid within thirty days (30) after the due date shall bear interest from the due date at the rate of two percent (2%) per month plus the actual cost of collection including attorney's fees. The Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessment provided for herein by non-use or abandonment of the owner lot.
Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to the mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability from any assessments thereafter becoming due or from the lien thereof.
Section 10. Common Area Maintenance Responsibility: Maintenance of the Common Areas as defined in Article 1, Section 4, shall be the responsibility of the Homeowners Association.
ARTICLE IV
Declaration of Protective Covenants
Section 1. Architectural Control Committee: “A.C.C.” shall mean and refer to the Architectural Control Committee as provided for and defined in these covenants.
A. Membership: It shall be the responsibility of the Board of Directors of the Association to install an A.C.C. if they so desire. The A.C.C. shall consist of not less than three (3) or more than five (5) members. The members of the A.C.C. shall serve without compensation. In the event of death, retirement, or resignation of a member of the A.C.C., the Board of Directors of the Association shall appoint a replacement. All members of the A.C.C. serve at the pleasure of the Board of Directors of the Association.
B. Procedure: The A.C.C. approval or disapproval as required in these covenants, shall be in writing or in an electronic format. As a condition of approval, the A.C.C. may require an owner to deposit funds to insure repair to any curbs, sidewalks, streets, or utilities damaged by such construction. In the event the A.C.C. fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof approval will not be required and the related covenants shall be deemed to have been fully complied with. However, square footage and other such requirements as defined in Article IV, will be a requirement whether plans have or have not been approved.
(1) These covenants are to run with the land and shall be binding on all parties and persons claiming under them for a period of ten (10) years from date these covenants are recorded, after which time said covenants shall be automatically extended for such successive periods of ten (10) years unless an instrument signed by a majority of the then-owners of the lots has been recorded agreeing to change said covenants in whole or in part.
(2) Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. If a dispute is placed in the hands of an attorney for enforcement, the prevailing party shall be entitled to reasonable attorney fees and costs associated with such dispute, including those on appeal.
(3) Invalidation of anyone of the covenants by Judgment or Court Order shall in no way affect any of the other provisions, which shall remain in full force and effect.
Section 2. Property Subject to this Declaration: The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Clark County, Washington, Plat of Grey Hawk Ridge at Pleasant Valley Phase I & II, as it appears on the Plat recorded in Volume “H”, Page 739 and 755, records of Clark County, Washington.
Section 3. General Provisions: These Restrictive Covenants shall run with the land and shall be binding upon all parties thereto and all persons claiming under them for a term of twenty (20) years. The provisions of this Declaration are declared to create mutual, equitable covenants and servitudes for the benefit of each owner or contract purchaser of a lot or home subject to said covenants, conditions and restrictions may be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, conditions or restrictions, either to restrain violation and/or to recover damages, and failure of the Declarants, the Architectural Control Committee, or any owner or contract purchaser to enforce any covenants, restriction or exercise any rights herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs incurred in enforcement shall be at the expense of the violator or violators.
Section 4. Building Restrictions: All lots as recorded in the plat shall be known and described as "residential lots". A building site shall consist of at least one or more residential lots as shown on said plat. No building or structure shall be erected, constructed, or maintained or permitted upon such residential lots, except upon a building site as herein above defined. No dwelling shall be constructed or permitted upon such residential lots, except upon a building site other than one attached single family dwelling for a single family occupancy only, not to exceed two (2) stories in height above average lot elevation. Height restrictions do not relate to view as that item is solely up to the Architectural Control Committee.
Section 5. Building Limits: All dwellings or garage or any part thereof, or any other structure shall be erected in conformity with all local building codes. No lines or wires from the transmission of current, telephone, television or future item shall be constructed, placed or permitted to be placed upon any residential lot or building site outside the buildings thereon unless the same shall be underground or in conduit attached to a building.
Section 6. Yard Requirements: All structures erected shall conform to Clark County regulations relative to front yard, side yard, and rear lot setbacks.
Section 6a. Landscaping: All front yards and street facing side yards must be landscaped (trees, shrubs, and lawn) within two (2) months of final county inspection, weather permitting. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval by the A.C.C. and the provision for appropriate security to the A.C.C. to insure completion. The appropriate security shall be as determined by the A.C.C..
Section 7. Approval of Plans by Architectural Control Committee:
A. All buildings and structures, including concrete or masonry walls, rockeries, fences, and swimming pools, to be constructed within the property shall be approved by the A.C.C.. Complete plans and specifications of all proposed buildings, structures, and exterior alterations, together with detailed plans showing the proposed location of the same in the particular building site, shall be submitted to the A.C.C. before construction or alteration is started, and such construction or alteration shall not be started until written approval thereof is given by the A.C.C.
B. All plans and specifications for approval by the A.C.C. must be submitted at least thirty (30) days prior to the proposed construction starting date. The maximum height of any residence shall be established by the A.C.C. as part of the plan approval and shall be given in writing, together with the approval. One set of approved plans must be on the job site at all times.
C. Said plans and specifications shall be prepared by an architect or a competent house designer approved by the A.C.C. One complete set of said plans and specifications shall be in each case delivered to and permanently left with the A.C.C. All buildings or structures shall be erected or constructed by a contractor or house builder approved by the A.C.C. For projects other than home building and add-ons, the owner may submit his own drawing for approval.
D. As to all improvements, construction and alterations within the property, the A.C.C. shall have the right to refuse to approve any design, plan or color for such improvements, constructions or alterations, which is not suitable or desirable in the A.C.C. opinion, for any reason, aesthetic or otherwise, and is so passing upon such design, the A.C.C. shall have the right to take into consideration the suitability of the proposed building or other structure, and the exterior material of which it is to be built and the exterior color scheme, to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, and the effect or impairment that said structures will have on the view of surrounding building sites and any and all facts, which in the A.C.C. opinion shall affect the desirability or suitability of such proposed structures, improvements, or alterations.
E. No building, fence, hedge, boundary wall, or other structure shall be erected, placed or altered on any residential lot or building site until the building plans, specifications and plat plan show the location of such improvements have been approved in writing by a majority of the A.C.C. as to the quality of workmanship and materials planned and for conformity and harmony of the external design with existing structures on the said residential lots or building sites, and
as to location of the building with respect to topography, finish grade elevation and building set-back restrictions. In the event said Committee fails to approve or disapprove such design and location in writing thirty (30) days after said plans and specifications have been submitted to it, such approval will not be required. However, the house shall conform to the requirements listed in this section as to square footage, etc. The property owner shall pay all attorneys’ fees, court costs, and other expenses incurred in enforcing decision of the Committee.
Section 8. Prosecution of Construction Work: Any dwelling or structure erected or placed on any residential lot or building site in this subdivision shall be completed as to external appearance, including finished painting, within nine (9) months after date of commencement of construction and shall be connected to an acceptable sewage disposal facility. For good cause shown, the A.C.C. may extend this term. See Section 6a for landscaping requirements.
Section 9. Easements: Easements for the installation and maintenance of utilities and drainage are hereby reserved on each lot as shown on the final approved plat(s) of Greyhawk Ridge.
Section 10. Use of Property:
A. The use of property within Greyhawk Ridge is subject to the following restrictions:
(1) Home businesses carried on in a residence, which do not generate traffic or involve the use of employees in any capacity, will be allowed.
(2) Day care facilities, church schools, nurseries or day schools are not allowed.
(3) Nothing shall be done on any residential lot, which may become a nuisance or an annoyance to the neighborhood.
(4) Goods and equipment associated with the running of a business, with the exception of company cars or vans, shall not be stored on any residential lot.
B. No trash, garbage, ashes, or other refuse, junk vehicles, underbrush or other unsightly growths or objects shall be thrown, dumped or allowed to accumulate on any lot or building site or public street. In the event any such condition shall exist, any person entitled to hereunder may use the legal powers as set forth in these covenants.
C. No trailer, camper, basement, tent, shack, garage, barn, or other outbuildings or temporary structures erected or situated within the property, shall, at any time, be used as a residence, temporarily or permanently, nor shall any permanent building or structure be used as a residence until it is completed as to external appearance, including finished painting
D. The streets in front of the lots shall not be used for the overnight parking of any vehicle other than private family automobiles and shall not be used for the storing of any boats, trailers, camper vehicles, trucks, or other vehicles of any kind or nature. No boat, boat trailers, house trailers, camper-automobiles, trucks, or other vehicles or any part thereof shall be stored or permitted to remain on any residential lot or building site unless the same is stored or placed in a garage, or in a space approved by the A.C.C. This space must be behind the normal building setback lines. A vehicle shall be considered stored in the sole discretion of the HOA Board if it is covered, consecutively for two weeks or more, in any fashion, or if it is inoperable, or if it is in a state that makes it illegal to drive on public rights of way.
E. All utilities, on and in public dedicated areas, or on private property, or on and in Common Areas, including water, sewer, storm sewer, power, telephone and cable television shall be installed underground in compliance with all governmental regulations for the installation and maintenance of the same.
F. No oil drilling, oil development operations, oil refining, quarrying, mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
G. No individual water supply system and/or individual sewage disposal system shall be permitted on any lot unless such system is located, constructed and equipped in accordance with the requirements, standards and recommendations of the responsible agency. Approval of such system as installed shall be obtained from such authority.
Section 11. Fences and Hedges: All fences, hedges, or boundary wall situated anywhere upon any residential lot or building site must be approved in writing by the A.C.C. as to its height and design prior to construction. Fences must be artistic in design and shall not detract from the building sites or the area in general. Wood fences shall be of the "good neighbor' construction. Fencing front yards shall not be permitted other than minor landscaping structure as approved by the A.C.C. No trees shall be removed by the property owners or the Association from the Common Areas without permission of the A.C.C. The A.C.C. shall have the right to replace any tree(s) removed without authorization, and replacement costs
shall be borne by the person or persons removing said tree(s).
Section 12. Animals: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except dogs, cats, or other household pets may be kept, provided they are not kept or bred or maintained for any commercial purpose.
Section 13. Garbage Cans and Refuse Disposal: Trash, garbage, or other waste shall not be kept except in sanitary containers. All equipment shall be kept in a clean and sanitary condition. All containers must be buried or screened so as not to be visible from any street or adjacent properties or residences.
Section 14. Signs: No sign of any kind shall be displayed unless written approval is received from the A.C.C. with the exception of a real estate "For Sale" or "For Rent" sign, Political (as per Federal Law - RCW 64.38.034) and tradesmen signs may be displayed during the event and must be removed one (1) week after the closure of the event/purpose; the maximum sign size of which shall be two feet by three feet (2x3). Security/Alarm Company signs may be posted indefinitely, however it must not be more than one foot from the house, and the maximum sign size of which shall not be greater than one foot by one foot (1x1).
Section 15. Clothes Lines: No exterior lines shall be allowed which can be seen from any street.
Section 16. Roofing Materials: Roofs shall be 240 lbs. or greater architectural grade composition shingle.
Section 17. Driveways: All driveways shall be paved with concrete from the edge of the paved street to connect with the paved surface of the floor of the carport or the garage.
Section 18. Square Footage Minimums: Square footage for houses to be built shall be as follows:
A. Ramblers: A minimum of 1,700 square feet of floor area, exclusive of porches and garage;
B. Tri-Levels & Two Stories: minimum of l,900 square feet, exclusive of porches and garage;
C. Rambler-Basement: minimum of 1,500 square feet on main floor exclusive of porches and garage;
D. Split-entry: minimum of 1,350 square feet on main floor, exclusive of porches and garage; total minimum square footage of 1,900 square feet, exclusive of porches or garage.
Section 19. Siding: Street side(s) requires lap, bevel, masonry or other such siding as approved by the A.C.C. except no "T1-11" type shall be used on any street side(s).
Section 20. Antenna and Dishes: No exposed or exterior radio or television transmission or receiving antennas or dishes shall be erected, placed, or maintained on any structure or land in the plat; except, that direct broadcast dishes not exceeding 30 inches in diameter shall be allowed, providing they are situated so they are not visible from the front of the property.
ARTICLE V
General Provisions
Section 1. Enforcement: The Association, or any Owners, 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 an 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 anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full 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 the Declaration is recorded, after which time they shall automatically be extended for successive periods often (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than seventy-five percent (75%) of the lot owners, and thereafter by an instrument signed by not less than sixty-seven percent (67%) of the lot owners. Any amendment must be recorded.
[End of document]
This is NOT a legal document. This is your HOA board's best effort to show the CC&Rs with it's numerous revisions incorporated into a single readable document.
You should have received a copy of the official CC&Rs when you closed on the purchase of your house.
The original official legal documents, with attached - non-incorporated revisions, are on file with and can be purchased from your Clark County Auditor's office.
Greyhawk Ridge was built in three phases and had three CCR's. With the last revisions all three CCRs now read the same.
Home Owners Associations (HOAs) are different and separate from Neighborhood Associations.
HOAs are set up by the developer of a subdivision to provide maintenance of common grounds, amenities and, sometimes, a storm water/drainage facility. When people buy a home within a HOA, they understand they are subject to association fees and codes, covenants and restrictions (also referred to as CC&Rs) and membership is not optional. The CC&R document is a civil contract that is attached to the deed of trust of the property. CC&R dues, maintenance and enforcement are all matters that should be handled by the HOA board or their property management company. If issues are in dispute, residents should contact a mediator or land use attorney. If you need a copy of your CC&Rs , contact your HOA, the County Auditor records, or a local title company. CC&Rs are a civil legal document that is private and separate from county management and/or enforcement.
FOR MORE INFORMATION, PLEASE CONTACT:
Clark County Auditor's Office
Recording Department
1300 Franklin St, 2nd Floor
Vancouver, WA 98660
Mailing Address
PO Box 5000
Vancouver, WA 98666
Phone: 564.397.2208
Fax: 564.397.2137
E-mail: recording@clark.wa.gov