CC&Rs


Amendments to CC and Rs


NOW, THEREFORE, THE DECLARATION IS AMENDED AS FOLLOWS:

Section 9.5.1 of the Declaration is hereby repealed and replaced to read as follows:

9.5.1 Adoption of Bylaws. Any proposed amendment to the Bylaws must be approved by a majority of the Board prior to its adoption by the owners. Amendments to the Bylaws may be adopted by the Association upon concurrence of those owners holding sixty percent (60%) of the voting power of the Association. The Board of Directors may allow voting without a meeting of the membership. Ballots with the proposed amendment shall be mailed to all members. Ballots may be returned to the office by hand, through the US post office system, or by secured email.

NOW, THEREFORE, THE DECLARATION IS AMENDED AS FOLLOWS:

Section 18.1 of the Declaration is hereby repealed and replaced to read as follows:

18.1 Priority of Mortgages

Reference RCW 64.34.364
Lien for assessments.

Notwithstanding all other provisions hereof and as provided in the Act, the liens created under this Declaration upon any apartment for assessments shall be subject to tax liens on the apartment in favor of any assessing unit and /or special district and be subject to the rights of the secured party in the case of any indebtedness secured by mortgages which were made in good faith and for value upon the apartment. Where such mortgagee of the apartment, or other purchaser of an apartment, obtains possession of an apartment as a result of mortgage foreclosure or deed of lien thereof, such possessor and his successors and assigns, shall be liable for the share of the common expenses or assessments by the Association chargeable to such apartment which become due during the six months (6) immediately preceding the date of a sheriff’s sale in an action for judicial foreclosure by either the association or a mortgagee, the date of a trustee's sale in a nonjudicial foreclosure by a mortgagee, or the date of recording of the declaration of forfeiture in a proceeding by the vendor under a real estate contract, and will be liable for the common expenses and assessments accruing after such possession.


NOW, THEREFORE, THE DECLARATION IS AMENDED AS FOLLOWS:

Section 21.1 of the Declaration is hereby repealed and replaced to read as follows:

AMENDMENT OF DECLARATION, SURVEY, PLANS

21.1 Declaration Amendment
Amendments to the Declaration shall be made by an instrument in writing entitled “Amendment to Declaration” which sets forth the entire amendment. Except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by a majority of the Board prior to its adoption by the owners. Amendments may be adopted at a meeting, by mail or secured e-mail if seventy-five percent (75%) of the owners vote for such amendment. In all events, the amendment when adopted shall bear the signature of the president of the association and shall be attested by the secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the appropriate governmental offices. Any decision changing the values and percentage of interest expressed herein, except as provided herein, shall require the unanimous consent of the apartment owners and their mortgagees. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration or survey Map and Plans unless otherwise specifically provided in the section being amended or the amendment itself.

CORRECTION TO CONTINENTAL CONDOMINIUMS

This instrument is to correct the legal description contained in the Declaration and Covenants, Conditions, Restrictions and Reservations for Continental Condominiums as recorded June 15, 1979, in Volume “G” of plats, page 976, under Auditor’s File No. 7906150163, records of Clark County, Washington.

The corrected legal is as follows:

Commencing at the Northwest corner of the W. Kelly Donation Land Claim in the Southeast quarter of Section 3, Township 2 North, Range 1 East of the Willamette Meridian; thence South 02º17’16” East 418.35 feet along the West line of said Kelly Claim to the point of beginning;
thence South 89º05’40” East 250.07 feet; thence North 02º17’16” East 176.28 feet; thence South 89º03’50” East 563.99 feet; thence South 02º22’44’ West 368.91 feet; thence North 89º05’40” West 178.88 feet; thence south 02º11’25” West 125.03 feet; thence North 89º05’40” West 414.65 feet to the southwest corner of that tract of land conveyed to LeRoy Hart under Clark County Auditor’s File No. 7903140048; thence North 02º39’50” East along the West line of said Hart Tract 247.55 feet to the Northwest corner thereof; thence North 89º05’40” West 222.02 feet to the West line of W. Kelly Donation Land Claim; thence North 02º17’16” East along said West line 70.45 feet to the point of beginning.
EXCEPT that portion lying within N.E. Hazel Dell Avenue.
The above described property is situated in the County of Clark, State of Washington.

All other covenants, conditions, restrictions and reservations as contained in the original Declaration are in full force and effect.


7906 150163 G.976 5300

DECLARATION AND COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR
CONTINENTAL CONDOMINIUMS.

Table of Contents

ARTICLE 1. INTERPRETATION……………………………………………...…1
1.1 Liberal Construction…………………………………………………….…….1
1.2 Consistent with Act……………………………………………………….…..2
1.3 Covenant Running with Land…………………………………………………2
1.4 Apartment and Building Boundary……………………………………………2
1.5 Percentage of Mortgages……………………………………………….……2
1.6 Captions and Schedules………………………………………………………2
1.7 Inflationary Increase in Dollar Limits…………………………………………2
1.8 Definitions……………………………………………………………………....3

ARTICLE 2. DESCRIPTION OF LAND …………………………………..……..4
2.1……………………………………………………………………………...……4

ARTICLE 3. DESCRIPTION OF BUILDINGS AND IMPROVEMENTS ………4
3.1 Apartment Buildings …………………………………………………….…….4
3.2 Recreational Facilities ………………………………………………………...4

ARTICLE 4. DESCRIPTION OF APARTMENTS, LOCATION, AREA AND NUMBER OF ROOMS ..............................................................................................................5
4.1 Building Location ………………………………………………………….....5
4.2 Apartment Location ………………………………………………………….5
4.3 Apartment Description ……………………………………………………….5

ARTICLE 5. ACCESS ……………………………………………………………..5
5.1 Access to Common Ways …………………………………………………….5
5.2 Access to Public Streets ………………………………………………………5

ARTICLE 6. DESCRIPTION OF COMMON AREAS AND FACILITIES: CERTAIN ITEMS MAY BE MADE OWNER’S RESPONSIBILITY ……………………………................................5

ARTICLE 7. DESCRIPTION OF LIMITED COMMON AREAS: EASEMENTS FOR EXCLUSIVE USE RESERVED FOR CERTAIN APARTMENTS …………………...................…7
7.1 Limited common areas ……………………………………………………....7

ARTICLE 8. VALUE AND PERCENTAGE OF UNDIVIDED INTEREST IN COMMON AREAS.8
 
ARTICLE 9. OWNERS’ ASSOCIATION ……………………………………..…8
9.1 Form of Association ………………………………………………………....8
9.2 Membership …………………………………………………………………..8
9.3 Voting ………………………………………………………………………....8
9.4 Meetings, Audits, Notices of Meetings …………………………………….9
9.5 Bylaws of Association ……………………………………………………...10

ARTICLE 10. MANAGEMENT OF CONDOMINIUM.....................................10
10.1 Management by Declarant ……………………………………………...….10
10.2 Management by Board ……………………………………………………..11
10.3 Authority of the Board …………………………………………………....…11

ARTICLE 11.USE: REGULATION OF USES: ARCHITECTURAL UNIFORMITY
11.1 Residential Use …………………………………...………………………..15
11.2 Sales Facilities of Declarant……………….……………………………....15
11.3 Vehicle Parking ……...……………………………………………………..16
11.4 Common Drive and Walks…………………………………………………16
11.5 Interior Apartment Maintenance………………………………...…….….16
11.6 Exterior Appearance………………………………………………….…….17
11.7 Effect on Insurance …………….………………………………………….18
11.8 Signs …………………………….……………………………………….…18
11.9 Pets …………………...…………………………………………………….18
11.10 Offensive Activity …….…………………………………….…………..…18
11.11 Common area Alterations ……..………………………….……………..18
11.12 House Rules ………….…………………………………………………...19

ARTICLE 12. COMMON EXPENSES AND ASSESSMENTS ………………..19
12.1 Estimated Expenses ………………………………………………………..19
12.2 Payment by Owners …..………………………………………………….…19
12.3 Purpose ……………………………………………………………………....20
12.4 Separate Accounts ……….…………………………………….……………20
12.5 Based on Percentage …...……………….………………………………....20
12.6 Omission of Assessment ….………………………………………………..20
12.7 Records …………….……………………………………………………...…21
12.8 Declarant Liability ………………………………………………………...…21
12.9 Lien Indebtedness ………….…………………………………………….…21
12.10 Certificate of Assessment .………………………………………………..21
12.11 Assessment Deposit ………………………………………………………22
12.12 Foreclosure of Assessment Lien; Attorney’s Fees and Costs ………..22
12.13 Rental Value ……..………………………………………………………..22
12.14 Rental Apartments ………………………………………………………..23
12.15 Termination of Utility Service ………………………………………….…23
12.16 Remedies Cumulative ……………….……………………………………23

ARTICLE 13. INSURANCE …………………………………………………..…23
13.1 Insurance Coverage ……………………………………………………....23
13.2 Owner’s Additional Insurance ……………………………………….…...25
13.3 Insurance Proceeds ………………………………………………………25
13.4 Additional Provisions …………………………………………………...…25

ARTICLE 14. DAMAGE OR DESTRUCTION: RECONSTRUCTION………26
14.1 Initial Board Determinations ……………………………………………..26
14.2 Notice of Damage or Destruction ……………………………………....27
14.3 Definitions: Restoration: Emergency Work …………………………….27
14.4 Restoration by Board …………………………………………………....27
14.5 Limited Damage: Assessment Under $3,500 ………………………….28
14.6 Major Damage: Assessment Over $3,500 …………………………….28
14.7 Decision Not to Restore: Disposition …………………………………..29
14.8 Miscellaneous …………………………………………………………....30

ARTICLE 15. CONDEMNATION ……………………………………………..30
15.1 Consequences of Condemnation …………………………………….....30
15.2 Proceeds ………………………………………………………………..…30
15.3 Complete Taking ……………………………………………………….....31
15.4 Partial Taking ………………………………………………………………31
15.5 Reductions of Condominium Upon Partial Taking ……………………...32
15.6 Reconstruction and Repair ……………………………………………….33

ARTICLE 16. COMPLIANCE WITH DECLARATION ………………………..33
16.1 Enforcement ………………………………………………………………..33
16.2 No Wavier of Strict Performance …………………………………………33

ARTICLE 17. LIMITATION OF LIABILITY ……………………………………34
17.1 Liability for Utility Failure, etc. ……………………………………………34
17.2 No Personal Liability ………………………………………………………34
17.3 Indemnification of Board Members ……………………………………...34

ARTICLE 18. MORTGAGEE PROTECTION …………………………………35
18.1 Priority of Mortgagee ……………………………………………………...35
18.2 Change in Manager ………………………………………………………...35
18.3 Abandonment of Condominium Status ……………………………………36
18.4 Partitions and Subdivision ……………………………………………….…36
18.5 Change in Percentages …………………………………………………….36
18.6 Copies of Notices …………………………………………………………..36
18.7 Effect of Declaration Amendments ……………………………………….36
18.8 Insurance …………………………………………………………………....37
18.9 Inspection of Books ………………………………………………………..38
18.10 Obtaining Declarant’s Powers …………………………………………...38
18.11 Extension of Declarant’s Powers ………………………………………..38

ARTICLE 19. EASEMENTS …………………………………………………...38
19.1 In General ………………………………………………………………….38
19.2 Association Functions ……………………………………………………..39
19.3 Encroachments …………………………………………………………….39

ARTICLE 20. PROCEDURES FOR SUBDIVIDING OR COMBINING ……….39
20.1 Procedure …………………………………………………………………....39

ARTICLE 21. AMENDMENT OF DECLARATION, SURVEY, PLANS ………40
21.1 Declaration Amendment …………………………………………………....40
21.2 Map and Plane Amendment ………………………………………………..41
21.3 Amendments by Declarant ………………………………………………….41
21.4 Amendments to Conform to Construction …………………………………41
21.5 Discontinuance of Condominium …………………………………………...41

ARTICLE 22. MISCELLANEOUS ………………………………………………..42
22.1 Service of Process …………………………………………………………..42
22.2 Notices of All Purposes ……………………………………………………...42
22.3 Mortagee’s Acceptance ……………………………………………………..43
22.4.Severability ……………………………………………………………….......43
22.5 Effective Date …………………………………………………………….......43
22.6 Reference to Survey Map and Plans ……………………………………….43

SCHEDULE A (Legal Description) …………………………………….…………..46

SCHEDULE B (Values and Percentages) …………………………………………47

SCHEDULE C (Description of Apartments) ……………………………………….50

SCHEDULE D (Location of each Apartment, Storage Locker and Parking Space).52

SCHEDULE E (Description of Building Materials and Recreational Facilities) …..54

SCHEDULE F (Service of Process) ………………………………………………….55


DECLARATION
AND
COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS
FOR
CONTINENTAL CONDOMINIUMS

A Condominium

Pursuant to the Act defined in section 1.9.1 and for the purpose of submitting the real property hereinafter described to the provisions of said Act, the undersigned, being sole owners of said property, make the following Declaration. By acceptance of a conveyance, contract for sale, lease, rental agreement, or any form of security agreement or instrument, or any privileges or use or enjoyment , respecting the property or any apartment in the horizontal property regime created by this Declaration, it is agreed that this Declaration, together with Survey Map and Plans referred to herein, states covenants, conditions, restrictions, and reservations effecting a common plan for the condominium development mutually beneficial to all of the described apartments. The covenants, conditions, restrictions, reservations and plan are binding upon the entire property and upon each such apartment as a parcel of realty, and upon its owners or possessors, and their heirs, personal representatives, successors and assigns, through any security interests therein, without requirement of further specific reference or inclusion in deeds, contracts or security instruments, and regardless of any subsequent forfeiture, foreclosures, or sales of apartments under security instruments.

ARTICLE 1

INTERPRETATION

1.1 Liberal Construction

The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of this Horizontal Property Regime under the provisions of Washington law. It is intended and covenanted also that, insofar as it affects this Declaration and condominium, the provisions of the Act referenced herein under which this Declaration is operative, shall be liberally construed to effectuate the intent of this Declaration insofar as reasonably possible.

1.2 Consistent with Act

The terms such as, but not limited to, “apartment,” “apartment owner,” “association of apartment owners,” “building,” “common areas and facilities,” “common expenses,” “land,” “limited common areas” and “Property,” used herein are intended to have the same meaning given in the Act unless the context clearly requires otherwise or to so define the terms would produce an illegal or improper result.

1.3 Covenant Running with Land

It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, supplementing and interpreting the Act, and operating independently of the Act should the Act be, in any respect, inapplicable.

1.4 Apartment and Building Boundary

In interpreting the Survey Map and Plans, the existing physical boundaries of the building and each apartment as constructed shall be conclusively presumed to be its boundaries.

1.5 Percentage of Mortgages

For purposes of determining the percentage of first mortgagees approving a proposed decision or course of action in cases where a mortgagee holds first mortgages on more than one apartment, such mortgage shall be deemed a separate mortgagee for each such first mortgage so held.

1.6 Captions and Schedules

Captions given to the various Articles and Sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. The various schedules referred to herein and attached hereto shall be deemed incorporated herein by reference as though fully set forth where such reference is made.

1.7 Inflationary Increase In Dollar Limits

The dollar amounts specified in Articles 10,13,14, and 18 may, in the discretion of the Board, be increased proportionately by the increase in the consumer price index for the city of Vancouver, Washington for All Urban Consumers, prepared by the United States Department of Labor for the base period, January1, 1979 to adjust for any inflation in the value of the dollar, or the Board may use any other reasonable standard to make such adjustments.


1.8 Definitions

1.8.1 “The Act” shall mean the Horizontal Property Regimes Act of Washington, Laws of 1963, Chapter 156 (RCW Chapter 64.32) as amended.

1.8.2 “Association” shall mean the association of apartment owners provided for in Article 9.

1.8.3 “Board” shall mean the board of directors of the Association provided for in Section 10.1.

1.8.4 “Bylaws” shall mean the bylaws of the Association provided for in Section 9.5.

1.8.5 “Common Areas” shall mean those portions of the condominiums property (including the land described in Exhibit A and improvements thereto) as provided in Article 6 as limited by Article 7.

1.8.6 “Declarant” shall mean the undersigned as indicated.

1.8.7 “Declaration” shall mean this declaration and any amendments thereto.

1.8.8 “Interior Surfaces” (where that phrase is used in defining the boundaries of apartments or limited common areas) shall not include paint, wallpaper, paneling, carpeting, tiles or other such decorative surface coverings or finishes. Said decorative finishes and coverings, along with fixtures and other tangible personal property (including furniture, planters, mirrors, and the like) located in and used in connection with said limited common area, shall be deemed a part of said limited common area.

1.8.9 “Limited Common Areas” shall mean those portions of the common areas as provided in Article 7.

1.8.10 “Mortgage” shall include a deed of trust.

1.8.11 “Mortgagee” shall include a deed of trust beneficiary, and also includes a mortgagee of the condominium and a mortgagee of an apartment.

1.8.12 “Mortgage Foreclosure” shall include a deed of trust sale and a deed given in lieu of such foreclosure of sale.

1.8.13 "Mortgagee of an Apartment" shall mean the holder of a mortgage on an apartment, which mortgagee was recorded simultaneous with or after the recordation of this Declaration. Unless the context requires otherwise, the term “mortgagee of an apartment” shall also be deemed to include the mortgagee of the condominium.

1.8.14 “Mortgagee of the Condominium” shall mean the holder of a mortgage on the real property which this Declaration affects, which mortgage was recorded prior to the recordation of this Declaration. The term “mortgagee of the condominium” does not include mortgagees of the individual apartments.

1.8.15 “Person” shall include natural persons, partnerships, corporations, associations, and personal representatives.
ARTICLE 2

DESCRIPTION OF LAND
2.1 Description of Land

The land on which the buildings and improvements provided for in this Declaration are located is described in Schedule A attached hereto.

ARTICLE 3

DESCRIPTION OF BUILDINGS AND IMPROVEMENTS
3.1 Apartment Buildings

A description of the principal materials of which the apartment building or buildings are constructed, is set forth in Exhibit E attached hereto, and the number of apartment floors in each building and the number of apartments is set forth in Exhibit D attached hereto.

3.2 Recreational Facilities

A description of the recreational facilities, if any, included within the condominium project is set forth in Exhibit E attached hereto.
ARTICLE 4

DESCRIPTION OF APARTMENTS, LOCATION, AREA AND NUMBER OF ROOMS
4.1 Building Location

Each apartment building is identified and shown on the survey map filed in conjunction herewith.

4.2 Apartment Location

Each apartment is identified by a number. The exact location of each apartment is shown in the plans filed in conjunction herewith.

4.3 Apartment Description

In Schedule C attached hereto each apartment is described by apartment number, floor location, kind and number of rooms in the apartment, deck or lanai, and total square foot floor area of apartment.

ARTICLE 5

ACCESS
5.1 Access to Common Ways

Each apartment has direct access to common areas walks, hallways, parking areas, driveways, and lawn areas. Each apartment has direct access through common areas to the coin operated laundry facility in the recreation building.

5.2 Access to Public Streets

Such common areas have a direct access to the public street (a) identified in Schedule A and on Sheet 1 of the plan.

ARTICLE 6

DESCRIPTION OF COMMON AREAS AND FACILITIES: CERTAIN ITEMS MAY BE MADE OWNER’S RESPONSIBILITY
6.1 Except as otherwise specifically reserved, assigned or limited by the provisions of Article 7 hereof, the common areas and facilities consist of the following.

6.1.1 The land described in Exhibit A.

6.1.2 The roofs, foundations, columns, girders, studding, joists, beams, supports, main walls (excluding only non-bearing interior partitions of apartments), and all other structural parts of the buildings, to the interior surfaces of the apartments’ perimeter walls, floors, ceilings, windows, and doors; that is, to the boundaries of the apartments as the boundaries are defined in the Act, and any replacements thereto. Beams and supports for the cathedral ceilings shall be common areas, even though within individual apartments.

6.1.3 Pipes, lines, conduits and wires leading to service units for power, light, gas, hot and cold water, heating, refrigerations, air conditioning and incinerating; wherever they may be located whether in partitions or otherwise; elevator shafts, tanks, pumps, motors, fans, compressors, ducts; and in general all apparatus and installations existing for common use; storm sewers and drainage systems.

6.1.4 The driving areas which provide access to the areas for parking, and the parking areas.

6.1.5 The yards, gardens, landscaped areas and walkways which surround and provide access to the buildings or are used for recreational purposes.

6.1.6 The lobbies, stairways, halls and corridors, if any, not within individual apartments, storage areas not assigned to apartments, the office and the mail box.

6.1.7 Premises for the lodging or use of persons in charge of, or maintaining, the property, if any.

6.1.8 All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.

` 6.1.9 Certain items which could ordinarily be considered common areas such as but not limited to screen doors, window screens, awnings, storm windows, planter boxes, and the like, may, pursuant to decision of a majority of owners and specification in the Bylaws or administrative rules, be designated as items to be furnished and maintained by apartment owners at their individual expense, in good order, according to standards and requirements set by the Board by rule, regulation or Bylaws.

6.1.10 The recreation building and all equipment and facilities therein for common use including, but not limited to, the indoor-outdoor pool, saunas, and coin operated laundry.

6.1.11 The carports and parking areas; the carports may be assigned, withdrawn, reassigned or not assigned to various apartments, as the Board may, in its discretion, deem fit.

6.2 The refrigerators, stoves, ovens, dishwashers, washer and dryers, heating facilities, air-conditioners (if any), and hot water heaters shall not be common areas or equipment, or limited common areas or equipment; they shall be considered personal property if free standing and household fixtures affixed to the apartment if plumbed in or wired in other than by a plug to a wall socket.

ARTICLE 7

DESCRIPTION OF LIMITED COMMON AREAS: EASEMENTS FOR EXCLUSIVE USE RESERVED FOR CERTAIN APARTMENTS
7.1 Limited Common Areas

The limited common areas and facilities are reserved for the exclusive use of the owner or owners of the apartment or apartments to which they are adjacent or assigned and consist of:

7.1.1 The patio areas which are adjacent to some apartments as more particularly shown the Survey Map and Plans, the boundaries of said patio area being defined by the interior surfaces of the walls, floor, ceiling, doors, windows, ground, railings, fence or curb enclosing said patio areas; provided, that, if no such fence, curb or other enclosure exists, the boundary of such limited common area shall be as depicted on the Survey Map and Plans.

7.1.2 The decks or balconies which are adjacent to some apartments more particularly shown on the survey Map and Plans.

7.1.3 Such other limited common areas, if any, as may be described in Exhibits E attached hereto.

ARTICLE 8

VALUE AND PERCENTAGE OF UNDIVIDED INTEREST IN COMMON AREAS
The value of the entire property and the values and percentages of interest for each apartment are expressed in Schedule B attached hereto. Each apartment includes the percentage of undivided interest in the common areas appertaining thereto. The values are schedules to establish the percentages required by the Act and do not reflect, necessarily, the amount for which an apartment will be sold, from time to time, by Declarant or others.

ARTICLE 9

OWNERS’ ASSOCIATION
9.1 Form of Association
Initially the Association may be an unincorporated association. The Board, or Declarant until such time as the initial Board is selected, may at any time if deemed advisable in the exercise of its sole discretion, without necessity of prior approval or other action by the members being necessary, cause such unincorporated association to be converted to a non-profit corporation under the laws of the State of Washington; provided, that, from and after the formation of such non-profit corporation, the rights and duties of the members and of such corporation shall continue to be governed by the provisions of the Act and of this Declaration.

9.2 Membership

9.2.1 Qualification Each fee owner (including Declarant) shall be a member of the Association and shall be entitled to one membership for each apartment so owned; provided, that if an apartment has been sold on contract, the contract purchaser shall exercise the rights of the apartment owner for purposes of the Association, This Declaration, and the Bylaws, except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of an apartment shall be the sole qualification for membership in the Association.

9.2.2 Transfer of Membership. The Association membership of each owner (including Declarant) shall be appurtenant to the apartment giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon the transfer of title to said apartment and then only to the transferee of title to such apartment. Any attempt to make a prohibited transfer shall be void. Any transfer of title to an apartment shall operate automatically to transfer the membership in the Association appurtenant thereto to the new owner thereof; Sales by contract are hereby permitted and a contract purchaser in good standing shall be deemed a transferee within the meaning of this section.

9.3 Voting

9.3.1 Number of votes the total voting power of all owners shall be 100 votes and the total number or votes available to owners of any one apartment shall be equal to the percentage of undivided interest in the common areas and facilities appertaining to such apartment.

9.3.2 Voting Owner. There shall be on (1) voting representative of each apartment. Declarant shall be considered an “owner” as that term is used herein, and shall be the voting representative, with respect to any apartment or apartments owned by Declarant. If a person (including Declarant) owns more than one apartment, he shall have the votes for each apartment owned. The voting representative shall be designated by the owner or owners of each apartment by written notice to the Board, and need not be an owner. The designation shall be revocable at any time by actual notice to the Board from a party having an owner-ship interest in an apartment, or by actual notice to the Board of the death or judicially declared incompetence of any party with an ownership interest in the apartment. This power of designation and revocation may be exercised by the guardian of an apartment owner, and the administrators or executors of an owner’s estate. Where no designation is made, or where a designation has been made but is revoked and no new designation has been made, the voting representation of each apartment shall be the group composed of all of its owners.

9.3.3 Joint Owner Disputes. The vote for an apartment must be cast as a single vote, and factional votes shall not be allowed. In the event that joint owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. In the event more than one vote is cast for a particular apartment, none of said votes shall be counted and said votes shall be deemed void.

9.3.4 Pledged Votes. In the event the record owner or owners have pledged their vote regarding special matters to a mortgagee under a duly recorded mortgage, or to the vendor under a duly recorded real estate contract, only the vote of such mortgagee or vendor, will be recognized in regard to the special matters upon which the vote is so pledged, if a copy of the instrument with this pledge has been filed with the Board. Amendments to this subsection shall only be effective upon the written consent of all the voting owners and their respective mortgagees and vendors, if any.

9.4 Meetings, Audits, Notices of Meetings

9.4.1 Annual Meetings, Audits. There shall be an annual meeting of the owners in the first quarter of each fiscal year at such reasonable place and time as may be designated by written notice of the Board delivered to the owners no less then (10) days prior to the date fixed for said meeting. At the annual meeting, there shall be presented a audit of the common expenses, itemizing receipts and disbursements for the preceding fiscal year, and the allocation thereof to each owner, and the estimated common expenses for the coming fiscal year. The Board at any time, or by written request of owners having at least forty percent (40%) of the total votes, may require that an audit of the Association and management books be presented at any special meeting. An apartment owner, at his own expense, may at any reasonable time make an audit of the books of Board and Association.

9.4.2 Special Meetings. Special meetings of the owners may be called at any time for the purpose of considering matters which by the terms of the Act or of this Declaration require the approval of all or some of the owners, or for any other reasonable purpose. Such meetings shall be called by written notice of the president of the Association upon the decision of the president, or after request signed by a majority of the Board, or by written request by the owners having a least forty percent (40%) of the total votes, which notice shall be delivered not less than ten (10) days prior to the date fixed for said meeting. The notice shall specify the date, time and place of the meeting and in general the matters to be considered.

9.5 Bylaws of Association

9.5.1 Adoption of Bylaws. Bylaws for the administration of the Association and the property, and for other purposes not inconsistent with the Act or with the intent of this Declaration, shall be adopted by the Association upon concurrence of those voting owners holding sixty percent (60%) of the voting power at a regular or special meeting. Notice of the time, place and purpose of such meeting shall be delivered to each apartment owner at least ten (10) days prior to such meeting. Amendments to the Bylaws may be adopted by the same vote at a regular or special meeting similarly called. Declarant may adopt initial Bylaws.

9.5.2 Bylaws Provisions. The Bylaws shall contain provisions identical to those provided in this Article 9, and may contain supplementary, not inconsistent, provisions regarding the operation of the condominium and administration of the property. The Bylaws shall establish such provisions for quorum, ordering of meetings, and details regarding the giving of notice as may be required for the proper administration of the Association and the property.

ARTICLE 10
MANAGEMENT OF CONDOMINIUM
10.1 Management by Declarant
Until the date on which Declarant shall have closed the sales of seventy-percent (75%) of the apartments, or the date on which Declarant elects to permanently relinquish all of its authority under this Section 10.1 by written notice to all owners, whichever date first occurs, the property shall be managed and the Association organized as follows, in the exercise of the sole discretion of the Declarant:

10.1.1 So long as no temporary board is then entitled to exercise management authority under Section 10.1.2 Declarant, or a managing agent selected by Declarant, shall have the power and authority to exercise all the rights, duties and functions of the Board, including but not limited to enacting reasonable administrative rules, contracting for required services, property and insurance, and collecting and expending all assessments and Association funds. The Declarant, or any such managing agent, shall have the exclusive right to contract for all goods and services, payments for which is to be made from any common or maintenance funds.

10.1.2 Declarant may at such times as Declarant deems appropriate select, as a temporary board, three (3) to seven (7) persons who own, or are purchasers of, apartments, or are officers of corporations, trust, partnerships or other entities owning or purchasing such apartments. This temporary board shall have the full authority and all rights, responsibilities, privileges and duties to manage the condominium under this Declaration and Bylaws, and shall be subject to all provisions of the Declaration and Bylaws; provided, that, after selecting any such temporary board, Declarant in the exercise of its sole discretion may at any time terminate such temporary board, and reassume its management authority under Section 10.1.1 or select a new temporary board under Section 10.1.2.

10.1.3 These requirements and covenants are made in order to assure that the property and condominium will be adequately administered in the initial phases of development, and to assure an orderly transition to Association operations.

10.2 Management by Board

At the expiration of Declarant's management authority under Section 10.1. administrative power and authority shall vest in a Board of five (5) directors elected from among the apartment owners. The Board may delegate all or any portion of its administrative duties to a manager, managing agent, or officer of the Association, or in such manner as may be provided by the Bylaws. All Board positions shall be open for election at the first annual meeting after the period of Declarant’s authority under Section 10.1 ends. The Board shall elect a president form among its members, who shall preside over meetings of the Board and the meetings of the Association.

10.3 Authority of the Board

10.3.1 The Board (or the Declarant or Declarant’s managing agent as provided in Section 10.1 hereof), for the benefit of the condominium and the owners, shall enforce the provisions of this Declaration and of the Bylaws, shall have all powers and authority permitted to the Board under the Act and the Declaration, and shall acquire and shall pay for out of the common expense fund hereinafter provided for, all goods and services requisite for the proper functioning of the condominium, including but not limited to the following:

(a) Water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility service as required for the common area. If one or more apartments or the common areas are not separately metered, the utility service may be paid as a common expense, and the Board may by reasonable formula allocate a portion of such expense to each such apartment involved as a portion of its common expense.

(b) Policies of insurance or bonds providing coverage for fire and other hazard, liability for personal injury and property damage, and for fidelity of Association officers and other employees, as the same are more fully required hereafter and in the Bylaws.

(c) The services of persons or firms as required to property manage the affairs or the condominium to the extent deemed advisable by the Board as well as such other personnel as the Board shall determine are necessary or proper for the operation of the common area, whether such personnel as the Board shall determine are necessary or proper for the operation of the common area, and whether such personnel are employed directly by the Board or are furnished by the manager or management firm or agent.

(d) Legal and accounting services necessary or proper in the operation of the Association affairs, administration of the common area, or the enforcement of this Declaration.

(e) Painting, maintenance, repair and all landscaping, fountains and gardening work for the common area, and such furnishings and equipment for the common area as the Board shall determine are necessary and proper, and the Board shall have the exclusive right and duty to acquire the same for the common area; provided, however, that the interior surfaces of each apartment shall be painted, maintained and repaired by the owners thereof, all such maintenance to be at the sole cost and expense of the particular owner as more particularly provided in Section 11.5.

(f) Any other materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Board is required to secure by law, or which in its opinion shall be necessary or proper for the operation of the common area or for the enforcement or this Declaration; provided that if for any reason such materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes, or assessments are provided for particular apartments or their owners, the cost thereof shall be specially charged to the owner of such apartments.

(g) Maintenance and repair of any apartment, its appurtenances and appliances, if such maintenance of repair is reasonably necessary in the discretion of the Board to protect the common area or preserve the appearance and value of the condominium development, and the owner or owners of said apartments have failed or refused to perform said maintenance of repair within a reasonable time after written notice of the necessity of said maintenance or repair has been delivered by the Board to the owner or owners; provided that the Board shall levy a special charge against the apartment of such owner or owners for the cost of such maintenance or repair.

(h) The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire property or any part thereof which is claimed to or may, in the opinion of the Board, constitute a lien against the property or against the common areas, rather than merely against the interest therein of particular owners. Where one or more owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it, and any costs and expenses (including court costs and attorney fees) incurred by the Board by reason of such lien or liens shall be specially charged against the owners and the apartment responsible to the extent of their responsibility.

(i) The Board’s power hereinabove enumerated shall be limited in that the Board shall have no authority to acquire and pay for out of the maintenance fund capital additions and improvements (other than for purposes of restoring, repairing or replacing portions of the common areas) having a total cost in excess of Five Thousand Dollars ($5,000), without first obtaining the affirmative vote of the owners holding a majority of the voting power present or represented at a meeting called for such purpose, or if no such meeting is held, then the written consent of voting owners having a majority of the voting power; provided that any expenditure or contract for each capital additions or improvements in excess or twenty-five Thousand Dollars ($25,000) must be approved by the owners having not less than seventy-five percent (75%) of the voting power.

(j) Nothing herein contained shall be construed to give the Board authority to conduct an active business for profit on behalf of all of the owners or any of them.

(k) The Board shall have the exclusive right to contract for all goods and services, payment of which is to be made from the maintenance fund. The Board may delegate such powers subject to the terms hereof.

(l) The Board may, from common funds of the Association, acquire and hold in the name of the Association, for the benefit of the owners, tangible and intangible personal property and real property and interests therein, and may dispose of the same by sale or otherwise; and the beneficial interest in such property shall be owned by the owners in the same proportion as their respective interests in the common areas, and such property shall thereafter be held, sold, leased, rented, mortgaged or otherwise dealt with for the benefit of the common fund of the Association as the Board may direct. The Board shall not, however, in any case acquire by lease or purchase real or personal property valued in excess of Five Thousand Dollars ($5,000) except upon a majority vote of the apartment owners, or valued in excess of Twenty-five Thousand Dollars ($25,000) except on a seventy five percent (75%) affirmative vote of the apartment owners, in the manner specified in subsection 10.3.1(i).

(m) The Board and its agents or employees, may enter any apartment or limited common area when necessary in connection with any maintenance, landscaping or construction for which the Board is responsible or in the event of emergencies. Such entry shall be made with as little inconvenience to the owners as practicable, and any damage caused thereby shall be repaired by the Board out of the common expense fund if the entry was due to an emergency or for the purpose of maintenance or repairs, to common or limited common areas where the repairs were undertaken by or under the direction or authority of the Board (unless the emergency or maintenance was caused or necessitated by the owner of the apartment entered, in which case the cost shall be specially charged to the unit entered). If the repairs or maintenance were necessitated by or for the apartment entered or its owners, or requested by its owners, the costs thereof shall be specially charged to such apartment.

(n) Each owner, by the mere act of becoming an owner or contract purchaser of an apartment, shall irrevocably appoint the Association as his attorney-in-fact, with full power of substitution, to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the property, to deal with the apartment upon damage or destruction, and to secure insurance proceeds.

10.3.2 In the discharge of its duties and the exercise of its powers as set forth in Section 10.3.1, but subject to the limitations set forth therein (including subsections 10.3.1 (i) and (l) ), the Board may borrow funds on behalf of the Association and to secure the repayment thereof encumber, subject to the limitations set forth in this Declaration (including Section 18.4) the common areas and facilities and Association’s funds and the undivided interest of each apartment owner therein. Provided, that the owner of an apartment may remove said apartment and the percentage of undivided interest in the common areas appurtenant to such apartment from the lien of such encumbrance or from any other lien arising pursuant to the provisions of RCW 64.32.070 by payment of the fractional or proportional amounts attributable to such apartment. Such individual payments shall be computed by reference to the percentages appearing in this Declaration. Subsequent to any such payment, discharge, or satisfaction, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the liens so paid, satisfied, or discharged. Such partial payment, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce his rights against any apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.

10.3.3 Nothing in this Declaration shall be construed requiring the Declarant to pay the mortgage on the real property existing at the time of filing this Declaration prior to its normal maturity.
ARTICLE 11

USE: REGULATION OF USES: ARCHITECTURAL UNIFORMITY
11.1 Residential Use

The buildings and apartments shall be used for single family residential purposes only, on an ownership, rental or lease basis; and for the common social, recreational or other reasonable uses normally incident to such purposes, and also for such additional uses or purposes as are from time to time determined appropriate by the Board. Apartments of the buildings may be used for the purposes of operating the Association and for the management of the condominium if required.

11.2 Sales Facilities of Declarant

Notwithstanding any provision in Section 11.1, Declarant, its agents, employees and contractors shall be permitted to maintain during the period of sale of the condominium upon such portion of the property as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of condominium apartments and interests, including but not limited to a business office, storage area, signs, model units, sales office, construction office, and parking areas for all prospective tenants or purchasers of Declarant.

11.3 Vehicle Parking

Parking spaces are restricted to use for parking of operative automobiles; other items and equipment may be parked or kept therein only subject to the rules or regulations of the Board. The Board shall require removal of any inoperative improperly licensed vehicle, or any unsightly vehicle, and any other equipment or item improperly stored in parking spaces. If the same is not removed, the Board shall cause removal at the risk and expense of the owner thereof. Use of all parking areas may be regulated and is subject to the provisions of Article 7 of this Declaration.

11.4 Common Drive and Walks

Common drives, walks, corridors and stairways shall be used exclusively for normal transit and no obstructions shall be placed thereon or therein except by express written consent of the Board.

11.5 Interior Apartment Maintenance

11.5.1 Each apartment owner shall, at his sole expense, have the right and the duty to keep the interior of his apartment and its equipment, appliances, and appurtenances in good order, condition and repair and shall do all redecorating and painting at any time necessary to maintain the good appearance and condition of his apartment. Each owner shall be responsible for the maintenance, repair or replacement of any plumbing fixtures, water heaters, fans, heating or other equipment, electrical fixtures or appliances which may be in or connected with his apartment.

11.5.2 Without limiting the generality of the foregoing, each owner shall have the right and the duty, at his sole cost and expense, to maintain, repair, paint, paper, panel, plaster, tile, and finish the windows, window frames, doors, door frames and trim and the interior surfaces of the ceilings, floors, and the perimeter walls of the apartment and the surfaces of the bearing walls located within his apartment and shall not permit or commit waste of his apartment or the common areas. Each owner shall have the right to substitute new finished surfaces for the finished surfaces then existing on said ceilings, floors and walls; provided that, except for hard surface flooring installed by Declarant or installed as part of the original construction of the building, no owner shall install hard surface flooring within an apartment except with the prior written consent of the Board. Each owner and his agent has the right to maintain, repair, paint, finish, alter, substitute, add or remove any fixtures attached to said ceilings, floors or walls. This section shall not be construed as permitting an interference with or damage to the structural integrity of the building or interference with the use and enjoyment of the common areas or of the other apartments or any of them, nor shall it be construed to limit the powers or obligations of the Board hereunder.

11.5.3 Limited common areas, as defined in Article 7, are for the sole and exclusive use of the apartments for which they are reserved or assigned; provided, that the use, condition and appearance thereof may be regulated under provisions of the Bylaws, rules or this Declaration including the following:

(a) Decisions with respect to the standard of appearance and condition of limited common areas, and with respect to the necessity for, and manner of, caring for, maintaining, repairing, repainting or redecorating limited common areas, (“maintenance work” herein) shall be made by the Board.

(b) Performance of such maintenance work shall be carried out by the Board on behalf of the owner or owners of apartments to which the limited common area in question is assigned or reserved; provided, that by written notice, the Board may permit such owner or owners to perform such maintenance work themselves.

(c) Owners may not, however, modify, paint, or otherwise decorate, or in any way alter their respective limited common areas without prior written approval of the Board.

(d) Apartment owners will be responsible for the cost of such maintenance work for the limited common areas reserved for or assigned to their apartments.

(e) With respect to a limited common area reserved for or assigned to more than one apartment for the mutual and joint use thereof, the cost of such maintenance work for such limited common area shall be divided in equal shares among the apartments for which such limited common area is assigned or reserved.

(f) With respect to any such maintenance work performed by the Board, the cost thereof (or the appropriate share thereof if the limited common area in question has been assigned or reserved jointly to more than one apartment) shall be levied as a special charge against the apartment or apartments (and the owner or owners thereof) to which such limited common area is assigned or reserved.

11.6 Exterior Appearance

In order to preserve a uniform exterior appearance to the building, and the common and limited common areas visible to the public, the Board shall require and provide for the painting and other decorative finish of the building, lanais or patio/yard areas, or other common or limited common areas, and prescribe the type and color of such decorative finishes, and may prohibit, require or regulate any modification or decoration of the building, lanais, decks, balconies, patio/yard areas or other common or limited common areas undertaken or proposed by any owner. This power of the Board extends to screens, doors, awnings, rails or other visible portions of each apartment and apartment building. The Board may also require use of a uniform color of draperies, under draperies or drapery lining for all apartments.

11.7 Effect on Insurance

Nothing shall be done or kept in any apartment or in the common area which will increase the rate of insurance on the common area or apartments without the prior written consent of the Board. No owner and /or purchaser shall permit anything to be done or kept in his apartment or in the common or limited common areas which will result in the cancellation of insurance on any apartment or any part of the common or limited common areas, or which would be in violation of any laws.

11.8 Signs

No sign of any kind shall be displayed to the public view on or from any apartment of common area or limited common area without the prior consent of the Board; provided, that such consent shall not be unreasonably withheld; and provided, that this section shall not apply to Declarant of Declarant’s agents.

11.9 Pets

No animals, which term includes livestock, domestic animals, poultry, reptiles or living creatures of any kind, shall be raised, bred, or kept in any apartment or in the common or limited common areas, whether as pets or otherwise, except subject to rules and regulations adopted by the Board, or Bylaws adopted by the Association. The Board may at any time require the removal of any animal which it finds is disturbing other owners unreasonably, in the Board’s determination, and may exercise this authority for specific animals even though other animals are permitted to remain.

11.10 Offensive Activity

No noxious or offensive activity shall be carried on in any apartment or common area, nor shall anything be done therein which may be or become an annoyance or nuisance to other owners.

11.11 Common area Alterations

Nothing shall be altered or constructed in or removed from the common area except upon the written consent of the Board and after procedure required herein or by law.

11.12 House Rules

The Board or the Association membership is empowered to pass, amend and revoke detailed administrative rules and regulations, or “House Rules”, necessary or convenient from time to time to insure compliance with the general guidelines of this Article and the other provisions of this Declaration.

ARTICLE 12

COMMON EXPENSES AND ASSESSMENTS
12.1 Estimated Expenses

Within thirty (30) days prior to the beginning of each calendar year, the Board; shall estimate the charges (including common expenses, and any special charges for particular apartments) to be paid during such year; shall make provision for creating, funding and maintaining reasonable reserves for contingencies and operations, as well as for repair, replacement and acquisition of common areas and facilities; and shall take into account any expected income and any surplus available from the prior years operating fund. Without limiting the generality of the foregoing but in furtherance thereof, the Board shall create and maintain from regular monthly assessments a reserve fund for replacement of those common areas which can reasonably be expected to require replacement prior to the end of the useful life of the buildings. The Board shall calculate the contributions to said reserve fund so that there are sufficient funds therein to replace each common area covered by the fund at the end of the estimated useful life of each such common area. The Declarant or initial Board may at any suitable time establish the first such estimate. If the sum estimated and budgeted at any time proves inadequate for any reason (including non-payment for any reason of any owner’s assessment), the Board may at any time levy a further assessment, which shall be assessed to the owners in like proportions. Notwithstanding the provisions of this Section 12.1, until Declarants’ management authority under Section 10.1 terminates, Declarant may elect to collect neither the full budgeted assessment for each month nor any assessments for reserve funds (other than reserves for insurance premiums), and instead may collect and expend only the actual costs of operation of the common areas.

12.2 Payment by Owners

Each owner shall be obligated to pay its share of common expenses and special charges made pursuant to this Article to the treasurer for the Association in equal monthly installments on or before the first day of each month during such year, or in such other reasonable manner as the Board shall designate. Any unpaid assessment or charge shall bear interest at the rate of ten percent (10%) per annum from due date until paid. The budget may be reviewed and revised by the membership at any annual meeting, or any special meeting called for such purpose, but if not so reviewed or if no change is made, shall be deemed approved.

12.3 Purpose

All funds collected hereunder shall be expended for the purposes designated in this Declaration.

12.4 Separate Accounts

The Board shall require that the Association maintain separate accounts for current operations, reserves, and a special separate reserve account for payment of insurance. Each month the Board shall first deposit to the insurance reserve account that portion of the common expense assessment necessary to pay at least one-twelfth of the total cost of all of the insurance policies provided regarding the condominium and such insurance reserve account shall be held separately and inviolate until utilized for payment of insurance premiums. Thereafter the remainder of the assessments and charges collected may be utilized for payment of other expenses or deposited or credited to other accounts. All such assessments and charges shall be collected and held in trust for, and administered and expended for the benefit of the apartment owners.

12.5 Based on Percentage

Except for certain special charges which may be levied against particular apartments under the provisions of this Declaration, all assessments for common expenses shall be assessed to apartments and the owners thereof on the basis of the percentages set forth in Schedule B hereof and any amendments thereto.

12.6 Omission of Assessment

The omission by the Board or the Association before the expiration of any year to fix the estimate for assessments and charges hereunder for that or the next year, shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the owner from the obligation to pay the assessments and charges, or any installment thereof for that or any subsequent year; but the assessment and charge fixed for the preceding year shall continue until a new assessment or charge is fixed.

12.7 Records

The Board shall cause to be kept detailed and accurate records, in the form established by the Association’s accountant, of the receipts and expenditures of the Association, specifying and itemizing the maintenance and repair expenses and any other expense incurred. Such records and any resolutions authorizing the payments involved shall be available for examination by any owner at convenient hours of week days.

12.8 Declarant Liability

The assessments provided for in this Declaration shall be imposed on apartments owned by Declarant on the same basis as imposed on all other apartments, regardless of whether Declarant-owned apartments are vacant or have been sold, leased or rented.

12.9 Lien Indebtedness

In the event any monthly assessment or special charge attributable to a particular apartment remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days written notice to the owner of such apartment, accelerate and demand immediate payment of all, or such portion as the Board determines, of the monthly assessments and special charges which the board reasonably determines will become due during the next succeeding twelve (12) months with respect to such apartment. Each monthly common expense assessment and each special charge shall be joint and several personal debts and obligation of the owner or owners and contract purchasers of apartments for which the same are assessed or charged as of the time the assessment or charge is made and shall be collectible as such. The amount of any assessment or charge, whether regular or special, assessed or charged to any apartment and the owner and /or purchaser of any apartment, plus interest at the rate of twelve percent (12%) per annum, and costs, including reasonable attorney’s fees, shall be a lien upon such apartment, the appurtenant limited common area and the exclusive use thereof. The said lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, except that such priority shall be limited as provided in Article 18. Suit to recover a money judgment for unpaid assessments or charges shall be maintainable without foreclosure or waiving the lien securing the same.

12.10 Certificate of Assessment

A certificate executed and acknowledged y the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon and apartment shall be conclusive upon the Board and the owners as to the amount of such indebtedness on the date of the certificate, in favor or all persons who rely thereon in good faith. Such a certificate shall be furnished to any owner or any encumbrancer or an apartment within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding a lien on an apartment may pay any unpaid assessments or charges with respect to such apartment, and, upon such payment , such encumbrancer shall have a lien on such apartment for the amounts paid of the same rank as the lien of his encumbrance.

12.11 Assessment Deposit

An apartment owner may be required, by the Board or by the managing agent, from time to time, to make and maintain a deposit not in excess of three (3) months estimated monthly assessments and charges, which may be collected as are other assessments and charges. Such deposit shall be held in a separate fund, credited to such owner, and resort may be had thereto at any time when such owner is ten (10) days or more delinquent in paying his monthly or other assessments and charges. All or any portion of such deposit may at any time be refunded to the owner by the Association in the discretion of the Board, such refund being made as a cash refund or a credit against assessments subsequently to become due or a combination thereof.

12.12 Foreclosure of Assessment Lien: Attorney’s Fees and Costs

The Declarant, manager, or Board on behalf of the Association may initiate action to foreclose the lien of any assessment. In any action to foreclose a lien against any apartment for non-payment of delinquent assessments or charges, any judgment rendered against the owners of such apartment in favor of the Association shall include a reasonable sum for attorney’s fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to taxable costs permitted by law.

12.13 Rental Value

From the time of commencement of any action to foreclose a lien against an apartment for non-payment of delinquent assessments or charges, the owner or purchaser or such apartment shall pay to the Association the reasonable rental value of the apartment to be fixed by the Board. The plaintiff in any such foreclosure shall be entitled to the appointment of a receiver to collect the same, who may, if said rental is not paid, obtain possession of the apartment, refurbish it for rental up to a reasonable standard for rental units in this type of condominium, rent the apartment or permit its rental to others, and apply rents first to costs of the receivership and attorney’s fees thereof, then to costs of refurbishing the apartment, then to costs, fees and charges, of the foreclosure action, then to the payment of the delinquent assessment charges.

12.14 Rental Apartments

With respect to the leasing, renting, or creation of any kind of tenancy of an apartment by its owner; such owner shall be prohibited from leasing or renting less than the entire apartment or for a term of less than thirty (30) days; and all leasing or rental agreements shall be in writing and be subject to the Declaration and Bylaws (with a default by the tenant in complying with the Declaration and Bylaws constituting a default under the lease or rental agreement). If an apartment is rented by its owner, the Board may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such apartment as is required to pay any amounts due the Board hereunder, plus interest and costs, if the same are in default over thirty (30) days. The renter or leasee shall not have the right to question payment over to the Board, and such payment will discharge the leasee’s or renter’s duty of payment to the owner for rent, to the extent such rent is paid to the Association, but will not discharge the liability of the owner or purchaser and the apartment under this Declaration for assessments and charges, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the apartment or its owner; nor in derogation of any rights which a mortgagee of such apartment may have with respect to such rents.

12.15 Termination of Utility Service

In addition to, and not by way of limitation upon, other methods of collection any assessments, the Board shall have the right, after having given ten (10) days notice to any apartment owner who is delinquent in paying his assessments or charges, to cut off any or all utility services to the delinquent owner’s apartment until such assessments or charges are paid.

12.16 Remedies Cumulative

The remedies provided are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law although not expressed herein.
ARTICLE 13

INSURANCE
13.1 Insurance Coverage

The Board shall obtain and maintain at all times as a common expense a policy or policies and bonds required to provide:

13.1.1 Fire insurance, with extended coverage (including vandalism, malicious mischief, sprinkler leakage, debris removal, cost of demolition, windstorm and water damage) endorsement, in an amount as near as practicable to the full insurable replacement value (without deduction for depreciation) of the common and limited common areas and the apartments, with the Board named as insured as trustee for the benefit of owners and mortgagees as their interest may appear, or such other fire and casualty insurance as the Board shall determine to give substantially equal or greater protection insuring the owners, and their mortgagees, as their interests may appear. Said policy or policies shall provide for separate protection for each apartment to the full insurable replacement value thereof, (limited as above provided), and a separate loss payable endorsement, in favor of the mortgagee or mortgagees of each apartment, if any, and further, a separate loss payable clause in favor or the mortgagee of the condominium, if any. All insurance shall be obtained from an insurance carrier rated Triple A (and rated as in Class XI or better financial condition) by Best’s Insurance Reports or equivalent rating service, and licensed to do business in the State of Washington.

13.1.2 General comprehensive liability insurance insuring the Board, the Association, the owners Declarant and managing agent against any liability to the public or the owners of apartments, and their invitees, or tenants, incident to the ownership or use of the common and limited common areas (including but not limited to owned and non-owned automobile liability, water damage, host liquor liability, liability for property of others and, if applicable, elevator collision, garagekeeper’s liability) the liability under which insurance shall be in an amount determined by the Board after consultation with insurance consultants, but not less than $1,000,000.00 covering all claims for personal injury and/or property damage arising out of a single occurrence (such policy limits to be reviewed at least annually by the Board and increased in its discretion). Such insurance shall contain appropriate provisions or endorsements precluding the insurer from denying the claim of an owner because of the negligent acts of the Association or another owner.

13.1.3 Workmen’s compensation insurance to extent required by applicable laws.

13.1.4 Fidelity bonds naming the members of the board, the manager and its employees and such other persons as may be designated by the Board as principals and the Association as obligee, in an amount equal to at least the total estimated cash (including reserves) to be collected as assessments each year. Such fidelity bonds shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definitions of “employee” or similar expression.

13.1.5 Insurance against loss of personal property of the Association by fire, theft and other losses with deductible provisions as the Board deems advisable.

13.1.6 Such other insurance as the board deems advisable.

13.2 Owner’s Additional Insurance

Each owner shall obtain additional insurance respecting his apartment as contemplated under RCW 64.32.220 and 64.32.010 (1) at his own expense; no owner shall, however, be entitled to exercise his right to maintain insurance coverage in any manner which would decrease the amount which the Board, or any trustee for the Board, on behalf of all of the owners, will realize under any insurance policy which the Board may have in force on the condominium at any particular time. Each owner is required to and agrees to notify the Board of all improvements by the owner to his apartment the value of which is in excess of One Thousand Dollars ($1,000). Each owner is hereby required to file a copy of such individual policy or policies with the Board within thirty (30) days after purchase of such insurance, and the Board shall immediately review its effect with the Board’s insurance broker, agent or carrier.

13.4 Additional Provisions

The Board shall exercise its reasonable best efforts to obtain insurance policies containing the following provisions:

(a) Provide that the liability of the insurer thereunder shall not be affected by, and that the insurer shall not claim any right of set-off, counterclaims, apportionment, proration, or contribution by reason of, any other insurance obtained by or for any apartment owner or any mortgagee.

(b) Contain no provision relieving the insurer from liability for loss because of any act or neglect is not within the control of the Association or because of any failure of the Association to comply with any warrant or condition regarding any portion of the premises over which the Association has no control.

(c) Contain a waiver of subrogation by the insurer as to any and all claims against the Association, the owner of any condominium unit and/or their respective agents, employees or tenants, and of any defenses based upon co-insurance or upon invalidity arising from the acts of the insured.

(d) Provide that, despite any provision giving the insurer the right to restore damage in lieu of a cash settlement such option shall not be exercisable without the prior written approval of the Association, or when in conflict with the provisions of any insurance trust agreement to which the Association is a party, or any requirement of law.

ARTICLE 14

DAMAGE OR DESTRUCTION: RECONSTRUCTION
14.1 Initial Board Determinations

In the event of damage or destruction to any part of the property, the Board shall promptly, and in all events within twenty (20) days after the date of damage or destruction, make the following determinations with respect thereto employing such advice as the Board deems advisable:

14.1.1 The nature and extent of the damage or destruction, together with an inventory of the improvements and property directly affected thereby.

14.1.2 A reasonably reliable estimate of the cost to repair and restore the damage and destruction, which estimate shall, if reasonably practicable, be based upon two or more firm bids obtained from responsible contractors.

14.1.3 The anticipated insurance proceeds, if any, to be available from insurance covering the loss based on the amount paid or initially offered by the insurer.

14.1.4 The amount, if any, that the estimated cost of repair and restoration exceeds the anticipated insurance proceeds thereof and the amount of assessment to each apartment if such excess was paid as a maintenance expense and specially assessed against all the apartments in proportion to their percentage of interest in the common areas.

14.1.5 The Board’s recommendation as to whether such damage or destruction should be repaired or restored.

14.2 Notice of Damage or Destruction

The Board shall promptly, and in all events within thirty (30) days after the date of damage or destruction, provide each owner, and each mortgagee who has thereto fore requested special notice, with a written notice summarizing the initial Board determination made under Section 14.1. If the Board fails to do so within said thirty (30) days, then any owner or mortgagee may make the determinations required under Section 14.1 and give the notice required under this Section 14.2.

14.3 Definitions: Restoration: Emergency Work

14.3.1 As used in this Article 14. the words “repair, “ “reconstruct,” “rebuild” or “restore” shall mean restoring the improvements to substantially the same condition in which they existed prior to the damage or destruction, with each apartment and the common and limited common areas having substantially the same vertical and horizontal boundaries as before. Modifications to conform to then applicable governmental rules and regulations or available means of construction may be made.

14.3.2 As used in this Article 14, the term “emergency work” shall mean the work which the Board deems reasonably necessary to avoid further damage, destruction or substantial diminution in value of the improvements and to reasonably protect the owners from liability from the condition of the site.

14.4 Restoration by Board

14.4.1 Unless prior to the commencement of repair and restoration work (other than emergency work referred to in subsection 14.3.2) the owners shall have decided not to repair and reconstruct in accordance with the provisions of either subsection 14.5.2 or 14.6.3, the Board shall promptly repair and restore the damage and destruction, use the available insurance proceeds thereof, and pay for the actual cost of repair and restoration in excess of insurance proceeds secured as a common expenses which shall be specially assessed against all apartments in proportion to their percentages of interest in the common areas.

14.4.2 The Board shall have the authority to employ architects and attorneys, advertise for bids, let contracts to contractors and others, and to take such other action as is reasonably necessary to effectuate the repair and restoration. Contracts for such repair and restoration shall be awarded when the Board, by means of insurance proceeds and sufficient assessments, has provision for the cost thereof. The Board may further authorize the insurance carrier to proceed with repair and restoration upon satisfaction of the Board that such work will be appropriately carried out.

14.4.3 The Board may enter into a written agreement in recordable form with any reputable financial institution or trust or escrow company that such firm or institution shall act as an insurance trustee to adjust and settle any claim for such loss in excess for Fifty Thousand Dollars ($50,000), or for such firm or institution to collect the insurance proceeds and carry out the provisions of this article.

14.5 Limited Damage: Assessment Under $3,500

If the amount of the estimated assessment determined under subsection 14.1.4 does not exceed Three Thousand Five Hundred Dollars ($3,500) for any one apartment, then the provisions of this Section 14.5 shall apply:

14.5.1 The Board may, but shall not be required to, call a special owners’ meeting to consider such repair and restoration work, which notice shall be given simultaneously with the notice required to be given by the Board under Section 14.2 above. If the Board shall fail to call such meeting, then the requisite number of owners or any mortgagee, within fifteen (15) days of receipt of the notice given by the Board under Section 14.2 above, or the expiration of such thirty (30) day period, whichever is less, may call such special owners’ meeting to consider such repair and restoration work. Any meeting called for under this Section 14.5.1 shall be convened not less than ten (10) nor more than twenty (20) days after the date of such notice of meeting.

14.5.2 Except for emergency work, no repair and restoration work shall be commenced until after the expiration of the notice period set forth in Section 14.5.1 and until after the conclusion of said special meeting if such meeting is called within said requisite period.

14.5.3 A unanimous decision of the apartment owners will be required to avoid the provisions of subsection 14.4.1 and to determine not to repair and restore the damage and destruction; provided, that the failure of the Board, the requisite number of owners or a mortgagee to call for a special meeting at the time or in the manner set forth in Section 14.5 shall be deemed a unanimous decision to undertake such work.

14.6 Major Damage: Assessment Over $3,500

If the amount of the estimated assessment determined under subsection 14.1.4 exceeds Three Thousand Five Hundred Dollars ($3,500) for any one apartment, then the provisions of this Section 14.6 shall apply:

14.6.1 The Board shall promptly, and in all events within thirty (30) days after the date of damage or destruction, provide written notice of a special owners’ meeting to consider repair and restoration of such damage or destruction, which notice shall be delivered with the notice required to be provided under Section 14.2 above. If the Board fails to do so within said thirty (30) day period, then notwithstanding the provisions of this Declaration or the Bylaws with respect to calling special meetings, any owner or mortgagee may within fifteen (15) days of the notice required to be provided by the Board under Section 14.2 above, whichever is less, call a special meeting of the owners to consider repair and restoration of such damage or destruction by providing written notice of such meeting to all owners and mortgagees. Any meeting held pursuant to this Section 14.6 shall be called by written notice and shall be convened not less than ten (10) nor more than twenty (20) days from the date of such notice of meeting.

14.6.2 Except for emergency work, no repair and restoration work shall be commenced until the conclusion of the special owners’ meeting required under subsection 14.6.1.

14.6.3 A concurring vote or more than seventy-five percent (75%) or the total voting power will be required to avoid the provisions of Section 14.4 and to determine not to repair and restore the damage and destruction; provided, however, that the failure to obtain said seventy-five percent (75%) vote shall be deemed a decision to rebuild and restore the damage and destruction; provided, further, that the failure or the Board, or owners or mortgagee to convene the special meeting required under Section 14.6.1 within ninety (90) days after the date of damage or destruction shall be deemed a unanimous decision not to undertake such repair and restoration work.

14.7 Decision not to restore: Disposition

In the event of a decision under either subsections 14.5.2 or 14.6.3 not to repair and restore damage and destruction, the Board may nevertheless expend such of the insurance proceeds and common funds as the Board deems reasonably necessary for emergency work (which emergency work may include but is not necessarily limited to removal of the damaged or destroyed buildings and clearing, filing and grading the real property). And the remaining funds, if any, and property shall thereafter be held and distributed as follows:

14.7.1 The property shall be owned in common by the apartment owners and shall no longer be subject to this Declaration or to condominium ownership.

14.7.2 The undivided interest in the property owned in common which appertains to each apartment owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities.

14.7.3 Any mortgages or liens affecting any of the apartments shall be deemed transferred in accordance with the existing priorities to the percentage of the undivided interest of the apartment owner in the property as provided herein; and

14.7.4 The property shall be subject to an action for partition at the suit of any apartment owner, in which event the net proceeds of sale, together with the net proceeds of the insurance of the property, if any, shall be considered as one fund; such fund shall be divided into separate shares one for each apartment owner in a percentage equal to the percentage of undivided interest owned by each such owner in the property; then, after first paying out of the respective share of each apartment owner, to the extent sufficient for the purpose, all mortgages and liens on the undivided interest in the property owned by such apartment owner, the balance remaining in each share shall then be distributed to each apartment owner respectively.

14.8 Miscellaneous

The provisions of this Article 14 shall constitute the procedure by which a determination is made by the apartment owners to repair, restore, reconstruct or rebuild as provided in the Act. By the act of accepting an interest in the property, each apartment owner and party claiming by, through or under such owner hereby consents and agrees to the provisions hereof. In the event that any provision of this Article 14 shall be determined to be invalid or unenforceable by any court or competent jurisdiction, such determination shall not effect the validity of any other provision of this Declaration. The purpose of this Article 14 shall be to provide a fair and equitable method of allocating the costs of repair and restoration and making a determination for repair and restoration if all or a portion or the improvements are damaged or destroyed. The provisions of this Article 14 shall be liberally construed to accomplish such purpose. By unanimous vote the apartment owners, which vote shall be taken within ninety (90) days after the damage or destruction, the owners may determine to do otherwise than provided in this Article14.
ARTICLE 15

CONDEMNATION
15.1 Consequences of Condemnation

If at any time or times during the continuance of the condominium ownership pursuant to this Declaration, all or any part of the property shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in advance thereof, the provisions of this Article 15 shall apply. This Board shall provide each owner, and each mortgagee with a written notice of the commencement of any such condemnation proceeding and of any proposed sale or deposition in lieu or in advance of such proceeding.

15.2 Proceeds

All Compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the “Condemnation Award,” shall be payable to the Association.

15.3 Complete Taking

In the event that the entire property is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium ownership pursuant thereto shall terminate. The condemnation Award shall be apportioned among the owners in proportion to the respective undivided interest in the common area; provided, that if a standard different from the value of the property as a whole is employed to measure the Condemnation Award in the negotiation, shares the same standard shall be employed to the extent it is relevant and applicable. On the basis of the foregoing principal, the Board shall as soon as practicable determine the share of the Condemnation Award to which each owner is entitled. After first paying out of the respective share of each owner, to the extent sufficient for purpose, all mortgagees and liens on the interest of such owner, the balance remaining in each share shall then be distributed to each owner respectively.

15.4 Partial Taking

In the event that less than the entire property is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium ownership hereunder shall not terminate. Each owner shall be entitled to a share of the Condemnation Award to be determined in the following manner:

15.4.1 As soon as practicable the Board shall, reasonably and in good faith, allocate the Condemnation Award between compensation, damages,

15.4.2 The Board shall apportion the amounts so allocated to taking of or injury to the common areas which in turn shall be apportioned among owners in proportion to their respective undivided interest in the common areas.

15.4.3 The total amount allocated to severance damages shall be apportioned to those apartments which were not taken or condemned.

15.4.4 The respective amounts allocated to the taking or injury to a particular apartment and/or improvements an owner had made within his own apartment shall be apportioned to the particular apartment involved.

15.4.5 The amount allocated to consequential damages and any other takings or injuries shall be apportioned as the Board determines to be equitable in the circumstances.

15.4.6 If an allocation of the Condemnation Award is already established in negotiation, judicial decree, or otherwise, then in allocating the Condemnation Award the Board shall employ such allocation to the extent it is relevant and applicable.

15.4.7 Distribution of apportioned proceeds shall be made to the respective owners and their respective mortgagees in the manner provided in Section 15.3.

15.5 Reductions of condominium Upon Partial Taking

In the event that (a) a partial taking occurs which pursuant to Section 15.4 does not result in a termination of condominium ownership hereunder, and (b) at least one (1) apartment is taken or condemned and (c) the condemning authority elects not to hold, use and own said apartment as a condominium apartment owner subject to and in accordance with the Declaration, then the provisions of this Section 15.5 shall take effect immediately upon the condemning authority taking possession of the apartment or apartments so taken or condemned:

15.5.1 The apartments subject to this Declaration shall be reduced to those apartments not taken or condemned (or not sold or otherwise disposed of in lieu of or in avoidance thereof).

15.5.2 The general common areas subject to this Declaration shall be reduced to that common area not so taken or condemned.

15.5.3 The limited common areas, which were not taken or condemned, but which were appurtenant to apartments that were taken or condemned, shall be deemed part or the general common areas remaining subject to this Declaration.

15.5.4 The percentage of undivided interest in the common areas appurtenant to each apartment not so taken or condemned shall be recalculated on the basis that the value of each of said apartments shall remain the same as set forth in schedule B and that value of the entire property not so taken or condemned shall be the aggregate of said values of said apartments.

15.5.5 Except with respect to the share of proceeds apportioned pursuant to Section 15.4. no owner or mortgagee or an apartment so taken or condemned shall have, nor shall there be appurtenant to any apartment so taken or condemned, any right, title, interest, privilege, duty or obligation in, to or with respect to the Association and any apartment, common area or limited common area which remain subject to this Declaration and which is not so taken or condemned.

15.5.6 Except as otherwise expressly provided in Section 15.5, the rights, title, interests, privileges, duties and obligations of a owner and mortgagee in, to or with respect to an apartment not so taken or condemned (and
in, to or with respect to the Association and the common areas and limited common areas appurtenant to said apartment) shall continue in full force and effect as provided in this Declaration.

15.5.7 The provisions of Section 15.5 shall be binding upon and inure to the benefit of all owners and mortgagees of (and to the persons having or claiming to have any interest in) all apartments which are, as well as all apartments which are not, so taken or condemned. All such owners, mortgagees and other persons covenant to execute and deliver any documents, agreements or instruments (including, but not limited to, appropriate amendments to the Declaration, Survey Map and Plans) as are reasonable necessary to effectuate the provisions of Section 15.5.

15.6 Reconstruction and Repair

Any reconstruction and repair necessitated by condemnation shall be governed by the procedures specified in Article 14 above, provided that the Board may retain and apply such portion of each owner’s share of the Condemnation Award as is necessary to discharge said owner’s liability of any special assessment arising from the operation of said Article 14.
ARTICLE 16

COMPLIANCE WITH DECLARATION
16.1 Enforcement

Each owner shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations passed hereunder, as the same may be lawfully amended from time to time, and with all decisions adopted pursuant to this Declaration and the Bylaws and administrative rules and regulations. Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief, or both, maintainable by the Board acting through its officers on behalf or the owners, or by the aggrieved owner on his own.

16.2 No Waiver of Strict Performance

The failure of the Board in any one or more instances to insist upon the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of the Bylaws, or to exercise any right or option contained in such documents, or to serve any notice or to institute any action, shall not be construed as a wavier or a relinquishment for the future of such term, convenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. The receipt by the Board of any assessment from any owner, with knowledge of any such breach shall not be deemed a waiver of such breach, and no waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. This section also extends to the Declarant or Declarant’s managing agent, exercising the powers of the Board during the initial period of operation of the Association and the condominium development.
ARTICLE 17

LIMITATION OF LIABILITY
17.1 Liability for Utility Failure, etc.

Except to the extent covered by insurance obtained by the Board pursuant to Article 13, neither the Association nor the Board (or the Declarant or Declarant’s managing agent exercising the powers of the Board) shall be liable for; any failure of any utility or other service to be obtained and paid for by the Board; or for injury or damage to person or property caused by the elements, or resulting from electricity, water, rain, dust or sand which may lead or flow from outside or from any parts or the buildings, or from any of its pipes, drains, conduits, appliances or equipment, or from any other place; or for inconvenience or discomfort resulting from any action taken to comply with any law, ordinance or orders of a governmental authority. No diminution or abatement of common expense assessments shall be claimed or allowed for any such utility or service failure, or for such injury or damage, or for such inconvenience or discomfort.

17.2 No Personal Liability

So long as a Board member, or Association committee member, or Association officer, or Declarant or Declarant’s managing agent exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, then no such person shall be personally liable to any owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of such person, provided, that this section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance obtained by the Board pursuant to Article 13.

17.3 Indemnification of Board Members

Each Board member or Association committee member, or Association officer, or Declarant or Declarant’s managing agent exercising the powers of the Board, shall be indemnified by the owners against all expenses and liabilities, including attorney’s fees, reasonably incurred by or imposed in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of being or having held such position, or any settlement thereof, whether or not he holds such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty or willful misfeasance or malfeasance in the performance of his duties; provided, that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association.
ARTICLE 18

MORTGAGEE PROTECTION
18.1 Priority of Mortgages

Notwithstanding all other provisions hereof and as provided in the Act, the liens created under this Declaration upon any apartment for assessments shall be subject to tax liens on the apartment in favor of any assessing unit and /or special district and be subject to the rights of the secured party in the case of any indebtedness secured by mortgages which were made in good faith and for value upon the apartment. Where such mortgagee of the apartment, or other purchaser of an apartment, obtains possession of an apartment as a result of mortgage foreclosure or deed of lien thereof, such possessor and his successors and assigns, shall not be liable for the share of the common expenses or assessments by the Association chargeable to such apartment which become due prior to such possession, but will be liable for the common expenses and assessments accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the apartment owners including such possessor, his successor and assigns.

18.2 Change in Manager

In the event that professional management is employed by the Association, at least thirty (30) days notice of any contemplated change in the professional manager shall be given to any first mortgagee which has requested to be notified, and the agreement with such professional manager shall permit cancellation by the Association for cause upon thirty (30) days written notice and shall have a term not in excess of one (1) year, renewable by agreement of the parties for successive one-year periods. The Association shall not elect to terminate professional management and assume self-management without the prior consent of seventy-five percent (75%) of all first mortgagees who have requested to be advised of such election; provided that such prior consent shall not be required to change from one professional manager to another professional manager.

18.3 Abandonment of Condominium Status

Except when action pursuant to the provisions of the Act involving damage, destruction or condemnation, the Association shall not, without consent of seventy-five percent (75%) of all first mortgagees of record of the apartments, seek by act or omission to abandon the condominium status of the project, or to abandon, encumber, sell or transfer any of the common areas.

18.4 Partitions and Subdivision

The Association shall not combine nor subdivide any apartment or the appurtenant limited common areas, nor abandon, partition, subdivide, encumber or sell any common areas, or accept any proposal so to do, without the prior approval of seventy-five percent (75%) of all first mortgagees of record of the apartments, and without unanimous approval of the mortgagee (a) of the apartment (s) to be combined or subdivided.

18.5 Change in Percentages

The Association shall not make any material amendment to the Declaration or Bylaws (including changes in the percentages of interest in the common areas) without the prior approval of seventy-five percent (75%) of all first mortgagees of record of the apartments, and without unanimous approval of the mortgagee (a) of the apartment (s) for which the percentage (s) would be changed.

18.6 Copies of Notices

Written notice that an owner/mortgagor of an apartment has for more than thirty (30) days failed to meet any obligation under the condominium documents shall be given by the Association to any first mortgagee of such apartment who has requested to be so notified. Any first mortgagee shall, upon request, be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings.

18.7 Effect of Declaration Amendments

No amendment of this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless amendment shall be consented to in writing by the holder of such mortgage. Any provision of this Declaration conferring rights upon mortgagees which is inconsistent with any other provisions of said Declaration or the Bylaws shall control over such other inconsistent provisions.

18.8 Insurance

18.8.1 Where a first mortgagee of an apartment has filed a written request with the Board, the Board shall:

(a) Furnish such mortgagee with a copy of any insurance policy or evidence thereof which is intended to cover the apartment on which such mortgagee has a lien.

(b) Require any insurance carrier to give the Board and any and all insureds (including such mortgagees) at least thirty (30) days written notice before canceling, reducing the coverage or limits, or otherwise substantially modifying any insurance with respect to the property on which the mortgagee has a lien (including cancellation for a premium non-payment).

(c) Not make any settlement of any insurance claims for loss or damage to any such apartment, common area or limited common area exceeding Five Thousand Dollars ($5,000) without the approval of such mortgage; provided, that the withholding of such approval shall not be unreasonable or in conflict with the provisions of Article 14.

(d) Give such mortgagee written notice of any loss or taking affecting common areas, if such loss or taking exceeds %10,000.

(e) Give such mortgagee written notice of any loss, damage or taking affecting any apartment or limited common areas in which it has an interest, if such loss, damage or taking exceeds One Thousand Dollars ($1,000).

18.8.2 In addition, the insurance policy required under Section 13.1.1 shall contain a standard mortgagee clause which shall, if reasonably obtainable:

(a) Provide that any reference to a mortgagee in such policy shall mean and include all holders of mortgages of any apartment or apartment lease or sublease of the project, in their respective order and preference, whether or not named therein.

(b) Provide that such insurance as to the interest of any mortgagee shall not be invalidated by any act or neglect of the Board or apartment owners or any persons under any of them.

(c) Waive any provision invalidating such mortgage clause by reason of; the failure of any mortgagee to notify the insurer of any hazardous use or vacancy; any requirement that the mortgagee pay any premium thereon; and any contribution clause.

18.9 Inspection of Books

First mortgagees shall be entitled to inspect at all reasonable hours of week days all of the books and records of the Association, and, upon request, to receive an annual audited financial statement of the Association within ninety (90) days following the end of any fiscal year of the Association.

18.10 Obtaining Declarant’s Powers

In the event the mortgagee or the condominium becomes bound by this Declaration by Granting one or more partial releases or otherwise, and forecloses its mortgage or acquires a deed in lieu of foreclosure, and obtains possessory rights, legal title, or certificates of sale to the unsold apartment or apartments and appurtenant common areas covered by the respective deed of trust or mortgage liens, then the mortgagee of the condominium may succeed to and assume, to the exclusion of the Declarant, the powers of the Declarant as set forth in this Declaration.

18.11 Extension of Declarant’s Powers

In the event that the Declarant’s obligation to the mortgagee of the condominium has not been paid in full at the time the Declarant’s management power has expired under Section 10.1 then said powers conferred upon the Declarant by said section and to which the mortgagee of the condominium may succeed, shall be extended until said mortgagee has been paid. The mortgagee or the condominium shall be entitled to appoint a receiver during the pendency of any foreclosure and said receiver shall immediately, upon appointment, succeed to and assume the rights and powers of the Declarant as set forth in this Declaration, and the receiver shall be entitled to sell unsold condominium units during the pendency of said foreclosure, and said sales shall be subject to confirmation by court order.
ARTICLE 19

EASEMENTS
19.1 In General

It is intended that in addition to rights under the Act, each apartment has an easement in and through each other apartment and the common and limited common areas for all support elements and utility, wiring, heat and service elements, and for reasonable access thereto, as required to effectuate and continue proper operation of this condominium plan. Without limiting the generality of the foregoing, each apartment and all common and limited common area is specifically subject to an easement for the benefit of each of the other apartments in the building for all duct work for the several apartments and flues or chimneys. In addition, each apartment and all the common and limited common area is specifically subject to easements as required for the intercom and electrical entry system, if any, for the electrical wiring and plumbing, for the air conditioning lines and equipment if any, for each apartment, for the vacuum system roughed-in in each unit, if any, and for the master antenna cable system, if any. Finally, each apartment as it is constructed is granted an easement to which each other apartment and all common and limited common area is subject for the location and maintenance of all the original equipment and facilities and utilities for such apartment. The specific mention or reservation of any easement in this Declaration does not limit or negate the general easement for common facilities reserved by law.

19.2 Association Functions

There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and the Association Rules.

19.3 Encroachments

Each apartment and all common and limited common area is hereby declared to have an easement over all adjoining apartments and common and limited common area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other similar cause, and any encroachment due to building overhang or projection. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and rights and obligations of owners shall not be altered in any way by said encroachment, settling or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an owner or owners if said occurred due to the willful act or acts with full knowledge of said owner or owners. In the event an apartment area or common or limited common area is partially or totally destroyed, and then repaired or rebuilt, the owners agree that minor encroachments over adjoining apartments and common and limited common areas shall be permitted, and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. The foregoing encroachments shall not be construed to be encumbrances affecting the marketability or title to any apartment.
ARTICLE 20

PROCEDURES FOR SUBDIVIDING OR COMBINING
20.1 Procedure

Subdivision and/or combining of any apartment or apartments, common areas and facilities, or limited common areas and facilities are authorized only as follows:

20.1.1 Any owner of any apartment or apartments may propose any subdividing or combining of an apartment or apartments, and appurtenant common areas or limited common areas in writing, together with complete plans and specifications for accomplishing the same and a proposed amendment to the Declaration, survey Map and Plans covering such subdividing or combining, to the Board, which shall then notify all other apartment owners of the requested subdivision or combination.

20.1.2 Upon written approval of such proposal by sixty percent (60%) of the owners, and upon approval of seventy-five percent (75%) of the first mortgagees and unanimous approval of the first mortgagee (s) of the apartment (s) to be combined or subdivided, the owner making the proposal may proceed according to such plans and specifications; provided that the Board may in its discretion (but it is not mandatory that the Board exercise this authority) require that the Board administer the work or that provisions for the protection of other apartments or common areas or reasonable deadlines for completion of the work be inserted in the contracts for the work.

20.1.3 The changes in the survey Map, if any, and the changes in the Plans and Declaration, shall be placed of record as amendments to the Survey Map, Plans, and Declaration of Condominium in accordance with the provisions of Section 21.1.
ARTICLE 21

AMENDMENT OF DECLARATION, SURVEY, PLANS
21.1 Declaration Amendment

Amendments to the Declaration shall be made by an instrument in writing entitled “Amendment to Declaration” which sets forth the entire amendment. Except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by a majority of the Board prior to its adoption by the owners. Amendments may be adopted at a meeting of the owners if seventy-five percent (75%) of the owners vote for such amendment, or without any meeting if all owners consent in writing to such amendment. In all events, the amendment when adopted shall bear the signature of the president of the Association and shall be attested by the secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the appropriate governmental offices. Any decision changing the values and percentage of interest expressed herein, except as provided herein, shall require the unanimous consent of the apartment owners and their mortgagees. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration or survey Map and Plans unless otherwise specifically provided in the section being amended or the amendment itself.

21.2 Map and Plans Amendment

Except as otherwise provided herein, the survey Map and Plans may be amended by revised versions or revised portions thereof referred to and described as to affect in an amendment to the Declaration adopted as provided for herein. Copies of any such proposed amendment to the Survey Map and Plans shall be made available for the examination of every owner. Such amendment to the survey Map and Plans shall also be effective, once properly adopted, upon recordation in the appropriate county office in conjunction with the Declaration amendment.

21.3 Amendments by Declarant

The Declarant may at any time, until all apartments have been sold by Declarant, record an amendment to the declaration showing, correcting or revising the assignment of parking spaces or storage lockers to apartments and, during the period of Declarant’s management authority provided under Section 10.1, changing the person who is to receive service of process, and such amendment need be acknowledged only by the Declarant and need not otherwise comply with the requirements of this Article 21.

21.4 Amendments to Conform to Construction

In addition, Declarant, upon Declarant’s sole signature, may at any time, until all apartments have been sold by Declarant, file an amendment to the Declaration and to the survey Map and Plans to conform them to the actual location of any of the constructed improvements and to establish, vacate and relocate utility easements, access road easements and parking areas.

21.5 Discontinuance of Condominium

It is further specifically covenanted that any decision or failure to act by the owners under this Declaration or any applicable provision of law which intends or requires discontinuance of this condominium or removal of the property from the provisions of the Act, shall, if such decision or failure to act is sufficient as respect Horizontal Property Regimes under the Act, also terminate and discontinue the effect of any and all of the covenants, conditions, and restrictions set forth herein, and all provisions of the survey Map and Plans, unless other specific provision is made by recorded amendments to the Declaration, and, if required, to the survey Map and Plans.
ARTICLE 22

MISCELLANEOUS
22.1 Service of Process

The person upon whom process may be served and his address is set forth in schedule “F”. After termination of Declarant’s management authority under Section 10.1, service of process for the purposes provided in the Act may also be made upon the president of the Association. The Board may at any time designate a new or different person or agency for such purposes by filing an amendment to this Declaration limited to the sole purpose of making such change, and such amendment need only be signed and acknowledged by the then president of the Association. The Declarant may, at any time before the Board is organized, change such designation by amendment to the Declaration signed and acknowledged only by Declarant.

22.2 Notices for All Purposes

22.2.1 Delivery of Notice. Any notice permitted or required to be delivered under the provisions of this Declaration or by the Bylaws may be delivered either personally or by mail. If delivery is made by mail, any such notice shall be deemed to have been delivered twenty-four (24) hours after a copy has been deposited in the United States mail, postage prepaid, for first class mail, addressed to the person entitled to such notice at the most recent address given by such person to the Board, in writing, for the purpose of service of such notice, or to the most recent address known to the board. Notice to the owner or owners of any apartment shall be sufficient if mailed to the apartment of such person or persons if no other mailing address has been given to the Board by any of the persons so entitled. Mailing addresses may be changed from time to time by notice in writing to the Board. Notice to be given to the Board may be given to Declarant until the Association and Board have been constituted and thereafter shall be given to the president or secretary of the Board.

22.2.2 Mortgagee Notice. Upon written request thereof, and for a period of three (3) years (or such longer time as the Board may set) after such request, an vendor, mortgagee, or deed of trust beneficiary or any apartment shall be entitled to be sent a copy or any notices respecting the apartment covered by his security instrument until the request is withdrawn or the security instrument discharged. Such written request may be renewed an unlimited number of times.

22.3 Mortgagee’s Acceptance

22.3.1 Priority of Mortgage. This Declaration shall not initially be binding upon any mortgage of record at the time of recording of said Declaration but rather shall be subject and subordinate to said mortgage.

22.3.2 Acceptance Upon First Conveyance. Declarant shall not consummate the conveyance of title of any apartment until said mortgagee shall have accepted the provisions of this Declaration and made appropriate arrangements, in accordance with the Act, for partial release of apartments with their appurtenant limited common areas and percentages of interest in common areas from the lien of said mortgage. The issuance and recording of the first such partial release by said mortgagee shall constitute its acceptance of the provisions of this Declaration and the condominium status of the apartments remaining subject to its mortgage as well as its acknowledgment that such appropriate arrangements for partial release of apartments have been made; provided, that, except as to apartments so released, said mortgage shall remain in full effect as to the entire property.

22.4 Severability

The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or provision hereof, if the remainder complies with Act or as covenants effect the common plan.

22.5 Effective Date

The Declaration shall take effect upon recording.

22.6 Reference to Survey Map and Plans

The Survey Map and Plans of the building referred to herein were filed with the Auditor or Clark County, Washington simultaneously with the recording of this Declaration under File No.__________in Volume ___________ of Condominiums, pages ________ through _________.


DATED this 30th day of May , 1979

DECLARANT:

LeRoy Hart, Husband of Nancy Hart

Nancy Hart By her Attorney-in Fact, LeRoy Hart

Franklin R. Hart, a Single Person

Larry Hall, a Single Person

STATE OF WASHINGTON )
:SS.
County of Clark )

On this day personally appeared before me LeROY Hart, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposed therein mentioned.

GIVEN under may hand and official seal this 30th day of May, 1979.

Daniel C. Futeluiar
Notary Public in and for the State of
Washington, residing at Vancouver.

STATE OF WASHINGTON )
: ss.
County of Clark )

On this day personally appeared before me LeROY HART, to me known to be the individual described in and who executed the within and foregoing instrument as attorney–in-fact for NANCY HART, and acknowledged that he signed the same as his free and voluntary act and deed on behalf of NANCY HART, for the uses and purposes therein mentioned.

GIVEN under my hand and official seal this 30th day of May, 1979.

Daniel C. Futeluiar
Notary Public in and for the State of
Washington, residing at Vancouver

STATE OF WASHINGTON )
: ss.
County of Clark )

On this day personally appeared before me FRANKLIN R. HART, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned.

GIVEN under my hand and official seal this 30th day May, 1979.

Daniel C. Futeluiar
Notary Public in and for the State of
Washington, residing in Vancouver.

STATE OF WASHINGTON )
:ss.
County of Clark )

On this day personally appeared before me LARRY HALL, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned.

GIVEN under my hand and official seal this 30th day of May, 1979.

Daniel C. Futeluiar
Notary Public in and for the State of
45 Washington, residing in Vancouver.
 

SCHEDULE A

The street address of all units is 311 N.E. 85th Street, Vancouver, Washington.

The common areas have direct access to Hazel Dell Avenue, a public right of way.

The land on which the entire condominiums is located is as follows:

Commencing at the Northwest corner of the W. Kelly Donation Land Claim in the Southeast Quarter of Section 3, Township 2 North, Range 1 East of the Willamette Meridian; Thence South 02º17’16” East along the West line of said Kelly Claim to the point of beginning;
thence South 89º05’40” East 250.07 feet; thence North 02º17’16” East 176.28 feet; thence South 89º03’50” East 563.99 feet; thence South 02º22’44” West 368.91 feet; thence North 89º05’40” West 178.66 feet; thence South 02º11’25” West 125.03 feet; thence North 89º05’40” West 414.65 feet to the southwest corner of that tract of land conveyed to LeRoy Hart under Clark County Auditor’s File No. 7903140048 ; thence North 02º39’50” East along the West line of said Hart Tract 247.55 feet to the Northwest corner thereof; thence North 89º05’40” West 222.02 feet to the West line of W. Kelly donation Land Claim; thence north 02º17’16” East along said West line 70.45 feet to the point of beginning.
EXCEPT that portion lying within N.E. Hazel Dell Avenue. The above described property is situated in the County of Clark, State of Washington.

SCHEDULE B

APARTMENT VALUE 306=1 310=2 406=3 409=4 405=5 311=6 307=7
1-A
1.073 45,600.00
1-B 1.073 45,600.00
1-C .939 39,900.00
1-D .939 39,900.00
1-E .939 39,900.00
1-F .939 39,900.00
1-G 1.162 49,400.00
1-H 1.165 49,510.00
1-I .939 39,900.00
1-J .939 39,900.00
1-K .939 39,900.00
1-L .939 39,900.00
1-M .939 39,900.00
1-N .939 39,900.00
1-O 1.073 45,600.00
1-P 1.073 45,600.00
2-A 1.073 45,600.00
2-B 1.073 45,600.00
2-C .939 39,900.00
2-D .939 39,900.00
2-E .939 39,900.00
2-F .939 39,900.00
2-G 1.073 45,600.00
2-H 1.073 45,600.00
3-A 1.073 45,600.00

3-B
1.073 45,600.00
3-C .939 39,900.00
3-D .939 39,900.00
3-E .939 39,900.00
3-F .939 39,900.00
3-G 1.073 45,600.00
3-H 1.073 45,600.00
4-A 1.073 45,600.00
4-B 1.073 45,600.00
4-C .939 39,900.00
4-D .939 39,900.00
4-E .939 39,900.00
4-F .939 39,900.00
4-G .939 39,900.00
4-H .939 39,900.00
4-I 1.162 49,400.00
4-J 1.103 46,900.00
4-K .939 39,900.00
4-L .939 39,900.00
4-M .939 39,900.00
4-N .939 39,900.00
4-0 1.073 45,600.00
4-P 1.073 45,600.00
5-A 1.073 45,600.00
5-B 1.073 45,600.00

5-C
.939 39,900.00
5-D .939 39,900.00
5-E .939 39,900.00
5-F .939 39,900.00
5-G .939 39,900.00
5-H .939 39,900.00
5-I 1.103 46,900.00
5-J 1.162 49,400.00
5-K .939 39,900.00
5-L .939 39,900.00
5-M .939 39,900.00
5-N .939 39,900.00
5-O 1.073 45,600.00
5-P 1.073 45,600.00
6-A .607 25,800.00
6-B .896 38,100.00
6-C 1.250 54,800.00
6-D .983 41,800.00
6-E 1.244 52,900.00
6-F .896 38,100.00
6-G .607 25,800.00
6-H .896 38,100.00
6-I 1.169 49,700.00
6-J 1.169 49,700.00
6-K .939 39,900.00

6-L
.939 39,900.00
6-M .939 39,900.00
6-N .939 39,900.00
6-O 1.162 49,400.00
6-P 1.103 46,900.00
6-Q(R) .939 39,900.00
6-R(S) .939 39,900.00
6-S(T) .939 39,900.00
6-T(U) .939 39,900.00
6-U(V) .939 39,900.00
6-V(W) .939 39,900.00
6-W(X) 1.103 46,900.00
6-X(Y) 1.103 46,900.00

7-A .641 27,240.00
7-B .946 40,220.00
7-C (D) .946 40,220.00
7-D (C) 1.244 52,900.00
7-E 1.169 49,700.00
7-F 1.169 49,700.00
7-G .990 42,100.00
7-H .990 42,100.00
7-J .990 42,100.00
7-K .990 42,100.00
7-L 1.169 49,700.00

7-M
1.169 49,700.00
100.00 4,251,390.00


SCHEDULE D
BUILDING NO. 1 (306)

Two Story Townhouse Apts – (16)
(4) – 3 Bedroom – Apt No. 1-A, 1-B, 1-O, 1-P
(12) – 2 Bedroom – Apt No. 1-C, 1-D, 1-E, 1-F, 1-G, 1-H, 1-I,
1-J, 1-K, 1-L, 1-M, 1-N

BUILDING NO. 2 (310)

Two Story Townhouse Apts – (8)
(4) 3 Bedroom – Apt No. 2-A, 2-B, 2-G, 2-H
(4) 2 Bedroom – Apt No. 2-C, 2-D, 2-E, 2-F

BUILDING NO. 3 (406)

Two Story Townhouse Apts – (8)
(4) 3 Bedroom – Apt No. 3-A, 3-B, 3-G, 3-H
(4) 2 Bedroom – Apt No. 3-C, 3-D, 3-E, 3-F

BUILDING NO. 4 (409)

Two Story Townhouse Apts (16)
(4) 3 Bedroom – Apt No. 4-A, 4-B, 4-O, 4-P
(12) 2 Bedroom – Apt No. 4-C, 4-D, 4-E, 4-F, 4-G, 4-H, 4-I,
4-J, 4-K, 4-L, 4-M, 4-N

BUILDING NO. 5 (405)

Two Story Townhouse Apts (16)
(4) 3 Bedroom – Apt No. 5-A, 5-B, 5-O, 5-D
(12) 2 Bedroom – Apt No. 5-C, 5-D, 5-E, 5-F, 5-G, 5-H, 5-I
5-J, 5-K, 5-L, 5-M, 5-N

BUILDING NO. 6 (311)
One Story Flat – Apts (8)
(2) – 1 Bedroom – Apt No. 6-A, 6-G
(2) – 3 Bedroom – Apt No. 6-C, 6-E
(4) – 2 Bedroom – Apt No. 6-B, 6-D, 6-F, 6-H
Two Story Townhouse Apts (16)
(4) – 3 Bedroom Apt No. 6-I, 6-J, (6-W delete), 6-X, 6-Y(add)
(12) – 2 Bedroom Apt No. 6-K, 6-L, 6-M, 6-N, 6-O, 6-P,
(6-Q delete) 6-R, 6-S, 6-T, 6-U, 6-V, (6-W add)

BUILDING NO. 7 (307)

One Story Flat – Apts (4)
(1) – 1 Bedroom Apt No. 7-A
(2) – 2 Bedroom Apt No. 7_B, 7-C
(1) – 3 Bedroom Apt No. 7-D
Two Story Townhouse Apts (8)
(4) – 2 Bedroom Apt No. 7-G, 7-H, 7-J, 7-K
(4) – 3 Bedroom apt No. 7-E, 7-F, 7-L, 7-M

SCHEDULE E

1. The apartments are constructed of concrete foundation, wood frame, cladwood siding, cedar shake roofing on slope roof portion and mopped on tar on flat portion.

2. The apartments have a free standing recreational building with men and womens sauna, recreation room, kitchen, restrooms, coin operated laundry and indoor-outdoor pool. A ramp on the second floor of the recreational building connects to the second floor of Building 6.

3. Limited common areas not designated in Article7: none.

SCHEDULE F


LeRoy Hart, whose address is 9340 N. E. 76th Street, Vancouver, Washington 98662, is the person upon whom process may be served as provided for in the Act.
Pioneer National Title Insurance Co. June 15 11:28 AM '79 Auditor Ron Dotzauer