DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR NORTHPOINT AT MAPLE CENTRE, A PLAT COMMUNITY
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR NORTHPOINT AT MAPLE CENTRE is made this 19th day of December, 2018, by CalAtlantic Homes of Washington Inc., a Delaware corporation (the "Declarant"), as the owner of certain real property situated in King County, State of Washington, as such property is more specifically described on Exhibit A, which is attached hereto and incorporated herein by this reference (the "Real Property").
Declarant desires to develop the plat of Northpoint at Maple Centre ("Northpoint at Maple Centre") as a residential plat community on the Real Property. Declarant also desires to create common areas and facilities for the benefit of the Northpoint at Maple Centre community and to provide for the preservation of the natural values in Northpoint at Maple Centre.
This Declaration establishes a plan for the private ownership of Units (defined below) and the buildings constructed thereon, for the dedication of certain areas to the public, and for the beneficial ownership through a nonprofit corporation of certain other land and related easements, hereafter defined and referred to as the "Common Elements." The nonprofit corporation shall be delegated and assigned the duties and powers of maintaining and administering the Common Elements, administering and enforcing these covenants, conditions, and restrictions, and collecting and disbursing the assessments and charges hereinafter created.
NOW, THEREFORE, Declarant hereby covenants, Aes, and declares that all of the Real Property, as defined herein, and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, restrictions, and easements, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of Northpoint at Maple Centre for the benefit of the Unit Owners thereof, their heirs, successors, grantees, and assigns. All provisions of this Declaration and the mandatory provisions of the Washington Uniform Common Interest Ownership Act, Chapter 64.90 of the Revised Code of Washington ("Act"), shall be binding upon all parties having or acquiring any right, title, or interest in the Real Property or any part thereof, and shall inure to the benefit of the Unit Owners thereof and to the benefit of the Association and are intended to be and shall in all respects be regarded as covenants running with the land. Where a term is defined in the Act and is not otherwise defined herein, such term shall have the meaning given to it by the Act.
TABLE OF CONTENTS
Section 2.1 Description of Association
Section 2.2 Association Board.
Section 2.3 Votes Appurtenant to Units.
Section 2.4 Unit Owner's Compliance.
Section 2.5 Bylaws, Rules and Regulations.
Section 2.6 Right of Entry for Inspections, Maintenance, Repairs, Emergencies or Improvements.
Section 2.7 Implied Rights.
Section 2.8 Special Declarant Rights.
Section 2.9 Association Property.
Section 3.1 Unit Owner's Covenants to Pay Assessments.
Section 3.2 Specially Allocated Expenses.
Section 3.3 Association Budget.
Section 3.4 Levy of General Assessment.
Section 3.5 Payment of Assessment.
Section 3.6 Nondiscriminatory Assessment.
Section 3.7 Commencement of Assessments.
Section 3.8 Certificates of Assessment Payment.
Section 3.9 Special Assessments.
Section 3.10 Effect of Nonpayment of Assessment.
Section 3.11 Duration of Lien.
Section 3.12 Reserve Account for Repair or Replacement.
Section 3.13 Withdrawals from Reserve Account.
Section 3.14 Reserve Studies.
Section 3.14 Limitations on Liability related to Reserve Account and Reserve Studies.
Section 3.15 Failure to Comply Does Not Relieve Unit Owners.
Section 3.16 Certain Areas Exempt.
Section 4.1 Architectural Control Committee.
Section 4.2 Jurisdiction and Purpose.
Section 4.3 Approval Procedures.
Section 4.4 Failure of Committee to Take Action.
Section 4.5 Committee's Obligation.
Section 4.6 Exemptions and Variances From Committee Requirements.
Section 4.7 Construction Deposit.
Section 4.8 Failure of Applicant to Comply.
Section 5.1 Intent of Provisions.
Section 5.2 Mortgagee's Nonliability.
Section 5.3 Mortgagee's Rights During Foreclosure.
Section 5.4 Mortgagee as Unit Owner.
Section 5.5 Survival of Assessment Obligation.
Section 5.6 Subordination of Assessment Liens.
Section 6.1 Authorized Uses.
Section 6.2 Leasing Restrictions.
Section 6.3 Animals.
Section 6.4 Commercial Uses.
Section 6.5 Vehicle Storage.
Section 6.6 Garbage.
Section 6.7 Utilities Underground.
Section 6.8 Signs.
Section 6.9 No Obstruction of Easements.
Section 6.10 Antennas and Clotheslines.
Section 6.11 Unit Owners' Maintenance Responsibilities.
Section 6.12 Weapons.
Section 6.13 Nuisances Prohibited.
Section 6.14 Preservation of Landscaping.
Section 6.15 Temporary Structures.
Section 6.16 Window Coverings.
Section 6.17 Fences.
Section 6.18 Unit Size Restriction.
Section 6.19 Damage.
Section 6.20 Unsightly Conditions.
Section 6.21 Shared Driveways.
Section 7.1 Title to Common Elements.
Section 7.2 Maintenance of Common Elements.
Section 7.3 Monument and Landscaping Maintenance and Easements.
Section 8.1 Tracts
Section 8.2 Waterline Easements.
Section 8.3 Sanitary Sewer Easements.
Section 8.4 Public Storm Drainage Easements.
Section 8.5 Private Storm Drainage Easements.
Section 8.6 Utility Easement.
Section 8.7. Public Easement.
Section 8.8 Street Trees.
Section 9.1 Subsequent Development.
Section 9.3 Rights and Obligations.
Section 9.4 No Requirement to Add.
Section 9.5 Control.
Section 9.6 Dedication to Governmental Entities.
Section 10.1 Insurance Coverage.
Section 10.2 Casualty Losses.
Section 10.3 Condemnation.
Section 11.1 Right to Enforce.
Section 11.2 Remedies Cumulative.
Section 11.3 Covenants Running with the Land.
Section 11.4 Right to Assess Penalty on Unit for Violations of Declaration.
Section 12.1 Amendment by Declarant or Association.
Section 12.2 Amendments by Unit Owners.
Section 12.2 Effective Date & Cross-References.
Section 13.1 Taxes.
Section 13.2 Non-Waiver.
Section 13.3 Attorneys' Fees.
Section 13.4 No Abandonment of Obligation.
Section 13.5 Captions.
Section 13.6 Severability.
Section 13.7 Notices.
Section 13.8 Indemnification.
Section 13.9 Applicable Law.