WILLOWS CROSSING HOMEOWNERS ASSOCIATION
COVENANTS, CONDITIONS AND RESTRICTIONS FOR WILLOWS CROSSING
Section 1: Creation of the Lien and Personal Obligation of Assessments. Each lot Owner, excluding the Developer, by acceptance of a deed thereto, whether or not it is so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay the Association: (1) annual assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, 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 such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Lot 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 exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and in particular for the improvement and maintenance of the properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Maintenance Areas, including, but not limited to, the payment of taxes and insurance thereon and the repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management, and supervision thereof.
Section 3: Basis and Maximum of Annual Assessments. The initial annual assessment shall be twenty dollars ($20.00) per month per lot. From and after January, 1999 the annual assessment may be increased or decreased by a two thirds (2/3) majority vote of the Members, as hereinafter provided, for the next succeeding three (3) years and at the end of each such period of three (3) years for each succeeding period of three (3) years.
The Board of Directors of the Association may, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any year at a lesser amount.
Section 4: Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 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 or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting.
Section 5: Change in Basis and Maximum Annual Assessments. Subject to the limitation of Section 3 hereof, for the periods therein specified, the Association may change the maximum and the basis of the assessments fixed by Section 3 hereof respectively for any such period provided any such change shall have the assent of two thirds (2/3) of the votes of voting Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty days (30) in advance and shall set forth the purpose of the meeting.
Section 6: Quorum For Any Action Authorized Under Sections 4 and 5. The quorum required for any action authorized by Sections 4 and 5 hereof shall be as follows:
At the first meeting called, as provided in Section 4 and Section 5 hereof, the presence at the meeting of Members or of proxies entitled to cast fifty (50) percent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forth coming at any meeting, another meeting may be called, subject to the notice requirements set forth in Section 4 and 5, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, provided that no subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 7: Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided herein shall commence on January 1, 1998.
The assessments for each year, after the first year, shall become due and payable on the first day of January of said year. The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.
Section 8: Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each lot for cash assessment period at least thirty (30) days in advance of such date or period and shall, and that time, prepare a roster of the properties and assessments applicable thereto which shall be kept by the president of the Association and shall be open to inspection by any Lot Owner.
Written notice of the assessment shall thereupon be sent to every Lot Owner subject thereto.
The Association shall issue a receipt to each Lot Owner upon payment of assessment, setting forth whether said assessment has been paid. Such receipt shall be conclusive evidence of payment of any assessment therein stated to have been paid. The cost of preparing such a statement may be charged to the Lot Owner receiving it.
Section 9: Effect of Non-Payment of Assessment; The Personal Obligation of the Lot Owner; the Lien; Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 7 hereof), then such assessment shall become delinquent and shall, together with such interest thereupon and cost of collection thereof as hereinafter provided, become a continuing lien on the property which shall bind such property in the hands of the then Lot Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Lot Owner to pay such assessment, however, shall remain his personal obligation until paid in full.
If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of ten (10) percent per annum, and the Association may bring an action at law against the Lot Owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the cost of preparing and filing the complaint in such assessment the cost of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney’s fee to be fixed by the Court together with the costs of the action.
Section 10: Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties and shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceedings in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from lien of any such subsequent assessment.
Section 11: Exempt Property. The following property subject to this Declaration shall be exempt from the assessment charge and lien created herein:
(a) All properties to the extent of any easement or other interest therein dedicated and accepted by a local public authority and devoted to public use;
(b) All properties exempted from taxation by the laws of the State of Washington, upon the terms and to the extent of such legal exemption.
Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges or liens.