2.1 Name. The name of the condominium is Village Square at Lea Hill, a Condominium. The name of the unit owners' association is the Village Square at Lea Hill Condominium Association, a nonprofit corporation, which has been organized by Declarant under the laws of the State of Washington. It is herein referred to as the Association.
2.2 Real Property. The real property included in the condominium is described as being situate in King County, Washington, as follows:
The north half of the south half of the southeast quarter of the southeast quarter of the northwest quarter of Section 9; Township 21 North, Range 5 East, W.M., in King County, Washington;
EXCEPT that portion thereof lying east of the west line of that portion conveyed to King County for road by deed recorded under recording number 6192848.
AND EXCEPT that portion conveyed to King County for road by deed recorded under recording number 9903022371.
TOGETHER with the north half of the southeast quarter of the southeast quarter of the northwest quarter of Section 9, Township 21 North, Range 5 East, W.M., in King County, Washington;
EXCEPT that portion thereof lying east of the west line of that portion conveyed to King County for road by deed recorded under recording number 6195702;
AND EXCEPT that portion thereof lying east of the west line of that portion conveyed to King County for road by deed recorded under recording number 6188794;
AND EXCEPT that portion conveyed to King County for road by deed recorded under recording number 9903022371.
The ownership interest in each unit created hereby and available to the owners of each unit is an interest in fee simple.
2.3 Number of Units. There are ninety-four (94) units which the Declarant has created.
2.4 Identifying Number for Units. The identifying number for each of the units created by this Declaration consists of an Arabic number from 1 to 94.
2.5 Unit Boundary. Each of the units consists of a space, the horizontal boundaries of which are shown on the survey map and plans and the vertical boundaries of which are horizontal planes which pass through the elevations as indicated on the survey map and plans. The boundaries of the unit are not as set forth in RCW 64.34.204, but are as surveyed and shown on the survey map and plans.
2.6 Unit Details. At the time of recording this Declaration, the units have no bathrooms, whole or partial, no rooms designated primarily as bedrooms, and no built-in fireplaces. The level on which each unit is located is the lower horizontal plane which is described in the survey map and plans. The approximate square footage of each of the units is set forth in Exhibit A attached hereto and made a part hereof as though here fully set forth.
2.7 Parking. There are seventeen (17) open parking spaces in the condominium, all of which are common elements. There are no other parking spaces in the condominium.
2.8 Limited Common Elements. There are no limited common elements in the condominium.
2.9 Allocation of Common Elements and Voting Interests. The fraction of undivided interest in the common elements allocated to each unit is one-ninety-fourth (1/94th). Each unit is allocated one vote in the Association. There shall be an aggregate of ninety-four (94) votes, and no more, all of which shall be held by the unit owners.
2.10 Voting by Multiple Owners. Only one person or party of multiple owners of a unit shall exercise the vote allocated to the unit, If two or more owners of a unit owned by two or more owners are present at a meeting in person or by proxy, then those owners shall identify the person who shall have the right to exercise the vote allocated to the unit, and only one person shall be entitled to exercise the vote allocated to that unit. If two or more persons who have proxy for the owner or owners of a unit or who are owners of a unit attempt to exercise the vote allocated to that unit differently, or if one of the owners of a unit which is owned by two or more Owners objects to the attempt of another of the owners of that unit to exercise the vote of that unit, then the vote allocated to the unit need not be recognized, in which case the vote for the unit shall be recorded by the Association as having abstained.
2.11 Allocation of Common Expenses. The common expenses of the Association shall be allocated in two different ways:
2.11.1 That portion of the common expense of utility service which is purchased in bulk by the Association and provided to each unit through a meter, such as water, or which is charged to the Association on the basis of the service that is metered, such as sanitary sewer service, together with a reasonable administrative charge for reading meters regularly, billing and accounting for allocating the expense, shall be allocated to each unit in the proportion that the metered utility service is actually used by the unit as determined by unit meters. Those expenses are herein referred to as Metered Charges. Notwithstanding the foregoing, the directors of the Association shall have the authority to reallocate the common expenses of such utility service equally among the units regardless of whether the expense can be metered, if the directors deem it in the best interest of the Association. The owners of a unit may request that a meter be read specially. In that case, the cost to the Association for the special reading shall be allocated to the unit where the meter is specially read.
2.11.2 All other common expenses of the Association shall be allocated equally to each of the units.
2.12 Owners' Access and Fencing. The owner or owners of each unit shall have and are hereby granted a perpetual nonexclusive easement and right of way over and across the common elements for the purpose of ingress and egress and utilities from a public right of way to their unit, which easement shall be subject to reasonable regulation by the Association provided that the right of ingress and egress is not prohibited by any such regulation. The owner or owners of each unit shall also have an easement and right to use the adjacent units for access to the improvements on the owner's or owners' unit for maintenance and repair of improvements to that unit. Such right of access shall only be over portions of the immediately adjacent parts of the units which are not occupied by a building. At the expense of the owner or owners exercising the right of access, any damage or injury to adjacent units caused by the exercise of this right of access shall be promptly repaired, and the damage to the unit shall be promptly restored as nearly as is reasonably possible to the condition which existed prior to the exercise of the right of access. A fence may be erected along one or more of the horizontal boundaries between the various units. If such a fence is erected, then the owners of the units which abut the fence shall keep and maintain the fence in good order and repair and shall each bear the cost of painting, maintaining, repairing, and replacing that fence. If the unit owners responsible for maintaining the fence in good order and repair are unable to agree on the work required for that purpose, then the matter may be referred by either owner to the directors of the Association for determination and the determination of the directors shall be binding on those unit owners.
2.13 Rights and Duties. The owner or owners of a unit are subject to all the rights and duties assigned to the owners under the terms of this Declaration and the articles of incorporation and bylaws of the Association. The Declarant also enjoys the same rights and assumes the same duties with respect to any units of which Declarant is the owner. Without limitation on the right of the Association to grant certain rights under RCW 64.34.300(I) (I), any conveyance, encumbrance, judicial sale, or other transfer (voluntary or involuntary of any interest in the common elements shall be void unless the unit to which that interest is also transferred.