Goldcrest Subdivision

	FINAL PROTECTIVE COVENANTS 10/15/09
1	PROTECTIVE COVENANTS – GOLDCREST DIVISIONS I – V
2	(As amended 10/15/2009)
3	I. IDENTIFICATION OF SUBDIVISION: GOLDCREST DIVISIONS I – V, inclusive
4	consists of the property described in the Plat of GOLDCREST: Division I, Volume 19 of Plats,
5	page 61; Division II, Volume 18 of Plats, page 92; Division III, Volume 21 of Plats, page 12;
6	Division IV, Volume 22 of Plats, pages 77 and 78; and Division V, Volume 22 of Plats, page
7	135, Records of Thurston County, Washington.
8	II. PURPOSE AND VISION OF PROTECTIVE COVENANTS
9	Goldcrest should remain an attractive, wooded neighborhood where the residences and properties
10	are maintained by its homeowners at a standard that contributes positively to the desirability of
11	the neighborhood. When homeowners commit to maintaining their residences and properties at a
12	high standard, neighborhood aesthetics, desirability and livability improve, property values will
13	remain high and the Goldcrest neighborhood will continue to be seen as one of the most
14	desirable places to live in Thurston County and the greater Olympia area. As homeowners and
15	property owners in Goldcrest Divisions I - V, we commit ourselves to continue the high
16	standards which have made Goldcrest a wonderful place to live.
17	In order to provide for the aesthetic, healthful and desirable development and maintenance of
18	Goldcrest, we, the owners of all the real property described above as Goldcrest Divisions I – V,
19	agree to abide by all the covenants which work in tandem with the bylaws.
20	III. DEFINITIONS:
21	1) "Architectural Control Committee" means the Association Committee established by
22	the Board to review and approve construction or alteration of improvements to
23	buildings or to lots (see Section III B 1-4, inclusive)
24	2) "Association" means the Goldcrest Homeowners Association, a nonprofit corporation
25	organized under the Revised Code of Washington State.
26	3) "Board" means the Board of Directors of the Association.
27	4) "Building" means any structure used or intended for supporting or sheltering any use
28	or occupancy, including a garden house, greenhouse, storage shed or a workshop.
29	5) "Bylaws" means the bylaws enacted by the Goldcrest Homeowners Association for
30	the governance of the Association
31	6) "Common areas" means Tracts A,B,C,D,E,F,G,H,I,J and K as shown on the recorded
32	plats of the Divisions I-V of Goldcrest.
33	7) "Covenants Committee" means a Committee established by the Board to investigate
34	and issue decisions about violations of the Protective Covenants.
35	8) "Garden House" means a building used for the storage of garden equipment or plants.
36	9) "Greenbelt" refers to the common areas as defined in Definition 6) above.
37	10) "Greenhouse" is a nonresidential structure for growing plants.
38	11) "Lot" means an individual division of land indicated on the recorded plat that is not
39	part of the common area and is owned by a person.
40	12) "Lot owner" a person holding legal title to a lot other than a lender with a security
41	interest in the lot.
42	13) "Person" means a natural person or other legal entity.
43	14) "Recorded plats for Goldcrest" refers to the plats of Goldcrest, Sections I-V
44	referenced in Section I of the Protective Covenants.
45	15) "Recreational Play Equipment" means swing sets, swings attached to a structure or
46	tree, slides and ramps, climbing structures, forts and play houses, basketball hoops
47	and backboards, trampolines, soccer goals and skateboard railings and ramps.
48	16) "Sign" means any visual communication device, structure or fixture that is intended
49	to advertise and/or promote a business, service, activity or interest.
50	17) "Trailer" means all forms of trailers, recreational vehicles or mobile homes of any
51	size, whether capable of supplying their own power or not, without regard to whether
52	their primary purpose is or is not the conveyance of persons or objects, or whether
53	immobilized in any way for a period of whatever duration.
54	A. RESIDENTIAL AREA COVENANTS
55	A.1 Buildings and Structures Requirements
56	No building shall be erected, altered, placed or permitted to remain on any lot other
57	than one (1) detached single family dwelling, a private garage for not more than three (3) cars,
58	and up to two (2) other non-residential buildings as approved by the Architectural Control
59	Committee, to be so designed as to compliment the primary residence. Prior approval of the
60	Architectural Control Committee is required. Buildings will not exceed two (2) stories in
61	height, except lots that will accommodate daylight basements and are approved for such use by
62	the Architectural Control Committee.
63	No portion of any residential building shall be located on any lot nearer than twenty
64	(20) feet to front lot line, five (5) feet to side lot line, or ten (10) feet to rear lot line. On corner
65	lots, no portion of any residential building shall be nearer than ten (10) feet to side lot line on
66	side running parallel to flanking street.
67	Single-family dwellings shall be of a quality of workmanship generally the same or better
68	than what currently exists in the subdivision. Window air conditioners shall not be placed on the
69	side of the building facing the street.
70	The main body of a residence will be painted or stained in muted, subdued colors.
71	Bright, fluorescent, or metallic colors will not be permitted. Trim, shutter and door colors may
72	have differing hues. Any changes to exterior paint colors must be submitted to the Architectural
73	Control Committee for review and approval.
74	All structures within Goldcrest shall have a cedar shake, cedar shingle or an approved 25-
75	year minimum warranted roofing material such as tile, materials resembling cedar shingles or
76	tile, or three-dimensional single-tab architectural grade composition roofing approved by the
77	Architectural Control Committee.
78	Garden houses must meet the following standards:
79	• Comply with all local city requirements;
80	• Not exceed 400 square feet in size;
81	• Have a shingled or similar material roof consistent with the residence;
82	• Be painted the same color as the residence; a different color must be approved by the
83	Architectural Control Committee;
84	• Be located where not more than 40% is visible from the street.
85	Storage sheds or workshops must meet all of the requirements for garden houses. Metal
86	garden houses or metal storage sheds are not permitted in the subdivision.
87	Greenhouses must consist of either transparent or translucent glass or ultraviolet (UV)
88	resistant plastic with a frame made of material that does not rust. The color of the frame must be
89	consistent with the color standards for residences.
90	A.2 Land Use and Easements
91	No lot shall be used except for residential purposes. No type of business that is visible to
92	the public view shall be conducted on any lot or within any dwelling or structure. No form of
93	advertising shall be allowed that is visible to the street.
94	Easements for the installation and maintenance of utilities and drainage facilities are
95	reserved as shown on the recorded plats.
96	A.3 Landscaping and Yard Maintenance
97	As provided for in the original Planned Unit Development (PUD), the Goldcrest
98	Homeowners Association has the responsibility for approving all landscaping and general land
99	use throughout Goldcrest.
100	To meet this responsibility, the Goldcrest Homeowners Association requires that any
101	property owner or developer in Goldcrest file a detailed landscape plan with the Association's
102	Architectural Control Committee. Landscape plan means the general conceptual design for the
103	vegetation, decks, patios and pathways on the property. Homeowners are not expected to seek
104	approval for actions consistent with general gardening, or for normal maintenance, such as
105	pruning or replacement of vegetation or selection of plants.
106	Exterior lighting to illuminate entrances, decks and driveways shall be subdued and shall
107	use low wattage bulbs whenever it is practical.
108	Lawns shall be maintained so that they present a mowed, clean and neat appearance.
109	Owners must control weeds or other plants to prevent them from becoming a detriment to the
110	lawns of other lots in the subdivision.
111	A.4 Signs
112	Unless approved by the Board, no sign of any kind shall be displayed to the public view
113	on any lot, building, or structure, except signs used by a builder to advertise the property
114	during construction, by a homeowner or his designated representative advertising for sale or rent,
115	or political signs. For sale or rent signs on individual lots and in the subdivision shall be
116	displayed only until the property is conveyed to the new owner or a residential lease agreement
117	has been signed. Lot owners or residents may display political signs on their lot before any
118	election. Political signs shall be removed within ten days after the election.
119	Newspaper boxes/receptacles are allowed only if they are attached to a dwelling. No
120	curbside, utilities right-of-way, or driveway receptacles will be allowed.
121	A.5 Parking and Storing of Vehicles, Recreational Vehicles and Trailers
122
123	Only the approved residential building can be used for residential purposes. Temporary
124	recreational use of a recreational vehicle, trailer or tent on a residential lot shall be permitted for
125	no more than 30 days per year. Recreational vehicles, trailers or boats may be parked for loading
126	or maintenance for no more than three days at a time. Recreational vehicles, trailers, or boats
127	stored for a longer period shall be partially screened. Partially screened means a structure or
128	landscaping, approved by the Architectural Control Committee, which screens at least 60% of
129	the view of the item from the street.
130	No driveway or publicly viewed area of any lot shall be used for the long-term storage
131	or maintenance of any inoperable vehicle for any purpose. Motor vehicle repairs must be
132	completed within 72 hours of initiation or the vehicle must be stored away from public view.
133	A.6 Garbage and Refuse Disposal
134	No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or
135	other waste shall be kept in appropriate containers. No garbage shall be disposed of by burning
136	or burying. Residents and owners can compost yard waste and leaves on their lot provided that
137	they do not violate Section A.9 of the Protective Covenants.
138	No storage, dumping or burying of trash, garbage, rubbish, or yard waste shall be
139	allowed in the common areas. Trash and garbage shall only be kept in appropriate containers.
140	If the topography of the lot permits it, trash containers should be stored on the side of the
141	house or inside the garage so they are less visible to the street.
142	A.7 Animals and Livestock
143	No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot
144	except that dogs, cats or any other normal house pets may be kept, provided that they are not
145	maintained for any commercial purposes and shall be subject to city leash laws.
146	When walking dogs in the common area, residents should place pet waste in the proper
147	receptacle.
148	A.8 Recreation, Pathways, and Common Areas
149	The common areas are defined as those areas dedicated solely to the purposes of
150	providing recreation, greenbelt, and playground areas and pathways to Goldcrest owners,
151	residents or their invited guests. No other use, no matter how temporary, will be permitted.
152	The Protective Covenants previously described in A. RESTRICTIVE AREA
153	COVENANTS also pertain to the common areas. Whenever questions may arise, final and
154	absolute resolution will be determined by a non-profit corporation, the Goldcrest Association,
155	formed for the specific purpose of maintaining or improving the common areas.
156	The Goldcrest Homeowners Association shall remain the sole owner of the common
157	areas. Only the Homeowners Association may construct improvements of any type on the
158	common areas, including the placing of any deck, fence, building, structure, or other
159	improvement to land.
160	Recreational play equipment owned by lot owners shall only be placed on the owner's
161	property and not on any common areas.
162	Should improvements of any type be built or put on the common areas by the Goldcrest
163	Homeowners Association, any such improvements shall be financed by said non-profit
164	corporation with contributions for the cost of said improvements to be limited to those members
165	of the non-profit corporation that are lot owners.
166	To preserve the natural beauty of the common areas, no tree, shrub, or plant shall be cut,
167	dug, trimmed, moved, or in any other way disturbed to change its natural state without prior
168	approval of the Board of Directors of the Goldcrest Homeowners Association.
169	No form of vehicle or trailer shall be parked, stored, maintained, or driven within the
170	confines of the common areas without the approval of the Board.
171	A.9 Nuisances
172	No noxious or offensive trade or activity shall be carried on upon any lot, nor shall
173	anything be done thereon which may be or become an annoyance or nuisance to the
174	neighborhood.
175
176	B. ARCHITECTURAL CONTROL
177	B.1 Architectural Control Committee
178	The Architectural Control Committee is a committee formed by the Board of Directors to
179	ensure a uniformity of use and quality of workmanship, materials, maintenance and location of
180	structures and properties in the subdivision. It will also evaluate if a proposed design or change
181	to a structure or property is in harmony with surrounding structures and the topography of the
182	subdivision.
183	The Vision Statement included in Section II of these Protective Covenants will guide
184	the Architectural Control Committee. The Committee will review applications for those
185	changes to structures or properties that are identified in Sections A and B.3. The Architectural
186	Control Committee shall have the authority and responsibility to interpret these covenants for
187	architectural design and construction as it deems to be reasonable subject to the oversight of
188	the Board and membership.
189	B.2 Size and Membership of the Committee
190	The Architectural Control Committee shall be composed of three to five members
191	appointed by the Board of Directors of the Goldcrest Homeowners Association. If such
192	members have not been appointed or if the Committee is unable to act, the Board of Directors
193	shall have the power and shall fulfill the duties of the Architectural Control Committee.
194	B.3 Actions that Require Architectural Control Committee Approval
195	The following actions require prior approval from the Architectural Control Committee.
196	Plans and specifications showing the nature, kind, shape, height, materials and locations of or
197	alterations to the below listed structures shall be submitted and approved by the Architectural
198	Control Committee prior to installation or commencing work.
199	• Any building, fence, wall, recreational play equipment or other structure to be
200	erected or maintained upon any property within Goldcrest;
201	• Any exterior addition, or change or alteration to any structure;
202	• Changes to exterior paint colors;
203	• The installation of radio and television antennas, satellite dishes and other
204	receiving equipment greater than one meter in diameter that requires the antenna
205	or satellite dish to be installed in a location that is visible from the street.
206	Generally, Architectural Control Committee approval is completed within 2-3 days from
207	the time a homeowner submits a completed application. A homeowner with an emergency
208	architectural approval request may ask the Board President to give it an expedited review if the
209	Architectural Control Committee is unable to consider the request before the work needs to
210	commence.
211	In the event the Architectural Control Committee fails to approve or disapprove such
212	plans and specifications within thirty (30) days after said plans and specifications have been
213	received in writing by it, the application shall be deemed approved by the committee.
214	The Architectural Control Committee will review the landscaping plan and submit it
215	with recommendations to the Association's Board of Directors for approval. The property
216	owner or developer may also make a presentation to the Board. When reviewing the plan, the
217	Board shall consider compatibility with existing general designs and the ambiance of
218	Goldcrest.
219	Once the plan is approved, the property owner or developer shall substantially
220	implement the landscape plan within 60 days after completing construction. The plan shall be
221	completely implemented within 365 days of starting construction.
222	The Architectural Control Committee shall have no power or authority to approve any
223	building, fence, wall or other structure in conflict with these Protective Covenants or lawful
224	regulation of a local government.
225	B.4 Architectural Control Committee Appeals
226	A decision of the majority of the Architectural Committee may be appealed to the Board
227	of Directors.
228	C. GENERAL PROVISIONS
229	C.1 Assessments
230	All lots shall be subject to a general annual assessment by the action of the Board of
231	Directors of the Goldcrest Association for the purpose of defraying the costs and expenses of
232	said non-profit corporation in carrying out its stated purposes and functions.
233	The rate of the general annual assessments shall be determined or fixed not later than the
234	month of December of each year at a level sufficient to raise an amount that, in the judgment of
235	the Board of Directors, may be required for the ensuing year.
236	Such assessments shall be paid to the Goldcrest Association as provided by action of the
237	Board of Directors. Unpaid assessments along with reasonable attorney's fees, costs of title
238	search, court costs, costs of public officials and recording fees that are actually incurred shall
239	bear interest at the rate of 2% per month, compounded monthly until paid.
240	The Goldcrest Association shall have the exclusive right to institute any and all actions or
241	proceedings for the collection of such assessments.
242	The owners of lots shall be personally obligated to pay such assessments upon being
243	billed at the beginning of the fiscal year. Unpaid assessments shall accrue interest beginning
244	forty (40) days after that date. Unpaid assessments with interest shall become a lien on said
245	property until such time as the assessment and interest are paid. The lien shall be placed
246	following one year of unpaid assessments. Said lien shall be subordinate to the lien of any
247	mortgage regardless of its date of execution provided a dwelling is upon said lot.
248	C.2 Duration of Covenants
249	These covenants are to run with the land and shall be binding on all parties and all
250	persons claiming under them for a period of ten (10) years from the date these covenants are
251	recorded, after which time said covenants shall be automatically extended for successive periods
252	of ten (10) years unless an instrument, signed by a majority of the owners of the lots has been
253	recorded agreeing that said covenants shall lapse.
254	C.3 Amendments
255	These covenants may be amended at any time by an instrument duly signed by a majority
256	of the current lot owners sets forth such amendments and recorded with the county auditor.
257	C.4 Violations of Covenants
258	Any lot owner may notify the Board of Directors of an alleged violation of the Protective
259	Covenants. Within five (5) days of discovery, the Board of Directors will refer the purported
260	violation to the Covenants Committee for review. The Covenants Committee will examine the
261	alleged violations of the Protective Covenants. The Chairman of the Covenants Committee shall
262	not be a member of the Board. If the Covenants Committee is not operating at the time of
263	notification of an alleged violation of the Protective Covenants, the Architectural Control
264	Committee shall serve as the Covenants Committee. The Chairman of the Architectural Control
265	Committee may be a member of the Board if the Architectural Control Committee is functioning
266	as the Covenants Committee.
267	After the Covenants Committee has confirmed that a violation has occurred, the
268	Covenants Committee will give written notice to the lot owner of the specific violation that has
269	occurred and to correct the violation within fifteen (15) days of receipt of the notice. The
270	Covenants Committee can extend the period to a maximum of thirty (30) days if the Committee
271	believes that additional time is needed to correct the violation.
272	A lot owner who wishes to contest the alleged violation may file a request for a hearing
273	before the Covenants Committee. The Covenants Committee meeting will be open to lot
274	members. The lot owner must be given notice of the panel's hearing date, a description of the
275	purported violation, an opportunity to address the Committee and written notice of the
276	Committee's final decision. The Covenants Committee must also notify the Board of Directors
277	of its decision. The Board of Directors will issue the final order to correct the violation.
278	If the lot owner disagrees with the decision of the Covenants Committee, then the lot
279	owner may file an appeal with the Board of Directors of the Association. This appeal must be
280	filed within fifteen (15) days of the decision of the Covenants Committee. The appellate process
281	shall provide the lot owner with an opportunity to be heard and may confirm, reject or modify
282	the decision of the Covenants Committee.
283	C.5 Enforcement
284	The Goldcrest Association has the exclusive right to collect annual assessments and any
285	liens or charges resulting from the annual assessments. The Goldcrest Association shall have the
286	right to enforce all restrictions, conditions, covenants, and reservations, liens and charges now or
287	hereafter imposed by the provisions of these Protective Covenants. Any lot owner has the right
288	to file a complaint with the Board of Directors for violations of these Protective Covenants. The
289	failure of the Association or of any record lot owner to enforce by suit or otherwise any
290	covenant, restriction, condition, lien or charge hereunder, or otherwise ensure compliance with
291	the provisions of these Protective Covenants, shall in no event be deemed a waiver of the right or
292	ability to do so thereafter in any circumstances whatsoever.
293	In the event the Goldcrest Association or any lot owner takes any action to legally
294	enforce compliance with the restrictions, conditions, covenants, reservations, liens or charges
295	imposed by these covenants, the prevailing party, whether the Association or the record owner,
296	shall be entitled to recover its reasonable attorney fees, whether incurred prior to or after
297	commencement of suit, and all fees and all costs incurred including without limitation expenses
298	of title search, court costs, and costs of public officials and such fees and costs shall be included
299	in any judgment of the court. Such costs and attorney fees shall include without limitation costs
300	and fees incurred in any appeal or in any proceeding under the present or future state
301	receivership statute, and costs and attorney fees incurred in any post Judgment collection
302	proceeding. The costs and fees imposed in this paragraph shall become a lien against the real
303	property of the lot owner against whom assessed by the Association or against whom judgment
304	is entered until fully paid, plus interest at the statutory rate.
305	C.6 Arbitration
306	In the event the Goldcrest Association, also known as the Goldcrest Homeowners
307	Association or any lot owner takes any action to legally enforce or ensure compliance with the
308	restrictions, conditions, covenants, reservations, liens or charges now or hereafter imposed by the
309	provisions of these Protective Covenants, they shall submit the action to binding arbitration. Any
310	party shall, in person or by certified mail, return receipt requested, submit a written complaint to
311	a mutually agreed upon arbiter (hereinafter "Arbitrator") along with a check in an amount
312	determined by the Arbitrator. A copy of the complaint shall be provided to the Board of
313	Directors. Should "named Arbitrator" be unable or unwilling to act as an arbitrator, the parties
314	will mutually select an agreed upon individual to serve as arbitrator. If the parties cannot agree
315	on the selection of an arbitrator, either party may bring suit in the Superior Court of Thurston
316	County for the appointment of an arbitrator.
317	The Arbitrator shall contact complainant and the President of the Board of Directors to
318	schedule the arbitration on a mutually convenient date. The arbitration shall be scheduled no
319	earlier than thirty (30) days or later than ninety (90) days after receiving the complaint. There
320	shall be no ex parte contact with the Arbitrator by either party; if either party violates this
321	prohibition the Arbitrator may assess a five hundred dollar ($500.00) fine for each violation.
322	The Arbitrator shall enter an award within fifteen (15) business days from the date of
323	arbitration. The costs of arbitration will be borne by both parties equally. However, the
324	prevailing party in arbitration shall be entitled to recover reasonable attorney fees and costs
325	arising out of the arbitration including the payment of all the Arbitrator's fees, from the non-
326	prevailing party.
327	The Decision of the Arbitrator will be "binding" on all parties. The term "binding"
328	means that no party may appeal the Arbitrator's decision.
329	C.7 Invalidation
330	Invalidation of any one of these covenants by judgment or court order shall in no way
331	affect any of the other covenants that shall remain in full force and effect.

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