AMENDMENTS TO
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
THE PLAT OF WILLOWS CROSSING
1 Article III Residential Area Covenants
Section 13: Maintenance of Buildings and Lots. Each owner shall, at the Owner’s sole expense, keep the interior and exterior of the Structure on the Owner’s Lot, as well as the Lot, in a clean and sanitary condition, free of rodents and pests, and in good order, condition and repair and shall do all exterior redecorating, painting, landscaping, and maintenance at any time necessary to maintain the appearance and condition of the Structure and the Lot. Landscaping between the sidewalk and the edge of the street shall be maintained by the individual Lot Owners. Each owner shall be responsible for the following tasks on the Owner’s Lot, including, but not limited to: mowing and edging turf, fertilizing turf, repairing turf bare spots, controlling turf pests and weeds, pruning shrubs and trees, leaf cleanup, general bed work and weeding, and cleaning off sidewalks.
Section 14: Parking. No farm vehicle, motor truck over ten thousand pounds gross weight, special mobile equipment, motor home, mobile home, trailer, vessel or boat shall be permitted to remain on any Lot, unless such vehicles are stored or placed in a garage, or in a rear yard area screened from adjoining lots. Such vehicles may be permitted temporarily for the purpose of loading or unloading of the vehicle. No inoperative motor vehicles shall be permitted to remain on any Lot for more than 72 hours. No motor vehicles shall be parked on the front lawn of any Lot.
Parking on the streets shall be in accordance with city ordinances. No person shall park any farm vehicle, motor truck over ten thousand pounds gross weight, special mobile equipment, motor home, mobile home, trailer, vessel or boat upon the improved or unimproved portion of any street or public right-of-way for more than four hours. Such vehicles may be parked temporarily for the purpose of loading or unloading.
Section 15: Damage. Any damage to streets or common areas, such as but not limited to the entry structure, fences, landscaping, mailboxes, playground equipment or lights by any Lot Owner, their children, their contractors, their visitors, friends or relatives shall be repaired and restored to a like new condition by such Lot Owner within thirty (30) days from the occurrence of such damage or notification of such damage.
Article VII Covenant for Maintenance Assessments
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 be divided into four (4) equal payments and become due and payable on the first day of each quarter of said year (January 1st, April 1st, July 1st & October 1st). Every third year, all homeowners will be provided with a coupon booklet that shall serve as an invoice. 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. The Association shall consider the Lot Owner’s canceled check as proof of payment of any assessment therein stated to have been paid. Upon request by a Lot Owner, the Association shall issue a receipt to that Lot Owner setting forth whether said assessments have 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 by the last day of the month in which the assessment is due (being the dates specified in Section 7 hereof), then such assessment shall become delinquent and shall, together with such late fees 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 by the last day of the month in which the assessment is due (being the dates specified in Section 7 hereof), the homeowner will be assessed a late fee of $10.00. An additional late fee of $10.00 will be assessed for each month thereafter that delinquency continues, 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 action, and in the event a judgment is obtained, such judgment shall include late fees 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.
Article VIII General Provisions
Section 2: Notices for all Purposes. All notices given under the provisions of this Declaration or rules and regulations of the Association shall be in writing and may be delivered into the hands of each homeowner or by mail. If delivery is made by mail, the notice shall be deemed to have been delivered on the third day of regular mail delivery after a copy has been deposited in the United States mail, first class, postage prepaid, addressed to the Person entitled to such notice at the most recent address known to the Board. Notices to the Board may be given to any Director or mailed to the following address:
Board of Directors
Willows Crossing Homeowners Association
Lacey, WA 98509
Section 3: Enforcement of Declaration, Etc. The Board shall have the power to enforce the provisions of this Declaration, and the rules and regulations of the Association for the benefit of the Association. The Board shall have the power to levy reasonable fines in accordance with a previously established schedule adopted by the Board of Directors and furnished to the owners for violation of the bylaws, rules or regulations of the Association. The failure of any Owner to comply with the provisions of this Declaration, or the rules and regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Lot Owner for the recovery of damages, or injunctive relief, or both. If a legal action is brought to interpret or enforce compliance with the provisions of this Declaration, or the rules and regulations of the Association, the prevailing party shall be entitled to judgment against the other party for its reasonable expenses, court costs, and attorneys’ fees in the amount awarded by the Court. Failure by the Association or any Lot Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.