PROTECTIVE COVENANTS GOLDCREST

(as amended 2003) DIVISIONS I -V

We, the undersigned, being the owners of all the properly described below and known as GOLDCREST, in order to provide for the aesthetic, healthful, and uniform development of all the below said real property and so as to provide far a control of structures to be erected and improvements to be made upon said real property do hereby covenant and agree to abide by all the covenants hereinafter set forth and which are hereby made applicable to the below real property known as GOLDCREST, and said covenants shall be binding upon the owners thereof to the extent provided in such covenants and [subject to said covenants] all of each property shall be owned, held, used, occupied, and developed subject to said covenants]:

That property comprising GOLDCREST, DIVISION I - V, as described in the Plat of GOLDCREST, as per DIVISION I Volume 19 of Plats, page 61, DIVISION II Volume 18 of Plats, page 92, DIVISION III Volume 21 of Plats, page 12, DIVISION IV Volume 22 of Plats, page 77, 78 and DIVISION V Volume 22 of Plats, page 135, records of Thurston County, Washington.

 

A.     RESIDENTIAL AREA COVENANTS

A-1       Land Use and Building Type

No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single family dwelling, a private garage for not more than three (3) cars, and one (1) garden house or other building as approved by the Architectural Control Committee, to be so designed as to compliment the primary residence. Prior approval of the Architectural Control Committee is required. Buildings will not exceed two (2) stories in height, except lots that will accommodate daylight basements and are approved for such use by the Architectural Control Committee.

 

A-2       Building Location

No portion of any building shall be located on any lot nearer than twenty (20) feet to front lot line, five (5) feet to side lot line, or ten (10) feet to rear lot line.  On corner lots, no portion of any building shall be nearer than ten (10) feet to side lot line on side running parallel to flanking street.

A-3       Architectural Control

No dwelling shall be permitted on any lot at a cost less than $100,000 based upon 1990 dollars, it being the intention and purpose of this covenant to assure that all dwellings shall be a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded.

A-4 Easements

Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on recorded plat.

A-5 Nuisances

No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

 

A-6 Signs

No sign of any kind shall be displayed to the public view on any lot, building, or structure, except signs used by a building to advertise the property during construction, by a homeowner or his designated representative advertising for sale or rent by the developer for any purpose deemed appropriate.

 

Newspaper boxes/receptacles are allowed only if they are attached to dwelling. No curbside, utilities right-of-way, or driveway receptacles will be allowed.

 

A-7         Temporary Structures

No structures of a temporary character, including but not limited to trailers, basement houses, tents, garages, barns, or other outbuildings shall be used on any lot at any time as residence either temporarily or permanently. When referring to trailers, this term shall include all forms of trailers or mobile homes of any size whether capable of supplying their own motive power or not, without regard to whether the primary purpose of which instrumentality is or is not the conveyance of persons or objects, and specifically including all automobiles, buses, trucks, cars, vans, trailers, and mobile homes, even though they may be at any time immobilized in any way and for a period of whatever duration.

A-8 Businesses

No type of business shall be conducted on any lot or within any dwelling or structure that is visible to the public view. No forms of advertising shall be allowed that is visible to the public view.

A-9 Animals

No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats or any other normal house pets may be kept, provided that they are not maintained for any commercial purposes and shall be subject to city leash laws.

 

A-10       Garbage and Refuse Disposal

 

No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. No garbage shall be disposed of by burning or burying.

A-11       Parking and Storing of Vehicles and Trailers.

 

Recreational vehicles, trailers or boats may be parked for loading or maintenance on said items, for less than 5 days and no more than 3 times a year. Storage of recreational vehicles, trailers, or boats for a longer period shall be partially screened.

Partial screened means a structure or landscaping, approved by the Architectural Control Committee, which screens more than 60% of the view of the item from the street.

No driveway, street, or publicly viewed area of any lot shall be used for the long term storage or maintenance of any vehicle for any purpose. 

A-12 Assessments

All lots shall be subject to a general annual assessment by the action of the Board of Directors of GOLDCREST ASSOCIATION for the purpose of defraying the costs and expenses of said non-profit corporation in carrying out its stated purposes and functions; provided, however, that such assessments may be increased in the matter provided by the by-laws of said corporation.

The rate of the general annual assessments shall be determined or fixed not later than the month of December of each year at a level sufficient to raise an amount which, in the judgment of the aforesaid Board of Directors, may be required for the ensuing year.

Such assessments shall be paid to the said GOLDCREST ASSOCIATION as provided by the Board of Directors.  and if not paid shall bear simple interest at a rate of two percent (2%) per month and compounded monthly. (This equals 24%  per annum.) 

 

GOLDCREST ASSOCIATION shall have the exclusive right to institute any and all actions or proceedings for the collection of such assessments. the confines of Tracts A, B, C, D, E, F, G, H, I,J,K

 

The owners of lots shall be personally obligated to pay such assessments upon being billed at the beginning of the fiscal year. The fiscal year begins on April 1. Unpaid assessments shall accrue interest beginning 40 days after that date. Unpaid assessments with interest shall become a lien on said property until such time as the assessment and interest are paid. The lien shall be placed following one year of unpaid assessments. Said lien shall be subordinate to the lien of any mortgage regardless of its date of execution provided a dwelling is upon said lot.

 

B.      RECREATION AND PATHWAYS

 

B-1 General

The Protective Covenants previously described in A. RESTRICTIVE AREA COVENANTS also pertain to Tracts A, B, C, D, E, F, G, H, I, J, K. Whenever questions may arise, final and absolute resolution will be determined by a non-profit corporation, GOLDCREST ASSOCIATION, formed for the specific purpose of maintaining or improving the areas known as Tracts A, B, C, D, E, F, G., H, I, J, K within the confines of GOLDCREST.

 

B-2       Purpose of Tracts A, B, C, D, E, F, G, H, I, J, K

Tracts A, B, C, D, E, F, G., H, I, J, K are defined as those areas dedicated solely to the purposes of providing recreation, greenbelt, and playground areas and pathways to Goldcrest owners and residents.  No other use, no matter how temporary, will be permitted.

 

B-3 Vehicles

No form of vehicle or trailer shall be parked, stored, maintained, or driven within the confines of Tracts A, B, C, D, E, F, G, H, I, J, K

 

B-4       Natural Beauty

 

To preserve the natural beauty of the areas, no tree, shrub, or plant shall be cut, dug, trimmed, moved, or in any other way disturbed to change its natural state without approval of the Goldcrest Homeowners Association,

B-5       Dumping and Storage of Rubbish and Waste

No storage, dumping, or burning of trash, garbage, rubbish, or other waste shall be allowed within the confines of Tracts A,B,C,D,E,F,G,H,I,J,K

 

B-6 Improvements

 

Should improvements of any type be built or put on Tracts A, B, C, D, E, F, G, H, I, J, K, by the Goldcrest Homeowners Association, any such improvements shall be financed by said non-profit corporation with contributions for the cost of said improvements to be limited to those members of the non-profit corporation that are lot owners.

 

C. ARCHITECTURAL CONTROL COMMITTEE

 

C-1 Membership

 

            The Architectural Control Committee shall be composed of current Board members for administration of architectural control functions by the non­profit corporation known as GOLDCREST ASSOCIATION. A decision of the majority of the Architectural Committee may be appealed to the Board of Directors. The decision of the Board of Directors shall be final and binding.

 

The Architectural Control Committee shall be composed of three or more members appointed by the Board of Directors of the Goldcrest Association, also known as the Goldcrest Homeowners Association. If such members have not been appointed or if the Committee is unable to act, the Board of Directors shall have the power and shall fulfill the duties of the Architectural Control Committee.

 

C-2 Function

 

No building, fence, wall or other structure shall be commenced, erected or maintained upon any property within Goldcrest, nor shall any exterior addition to or change or alteration to any structure be made until the plans and specifications therefor showing the nature, kind, shape, height, materials and location of the same shall be submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee. In the event the Architectural Control Committee fails to approve or disapprove such plans and specifications within thirty (30) days after said plans and specifications have been received in writing by it, the structure shall be deemed approved by the committee.

Antennas

 

Radio and television antennas, satellite dishes and other receiving and transmitting devices are only allowed if they are out of public view and cause no electrical or physical interference to surrounding residences. Installation of such devices must be approved by the Architectural Control Committee prior to installation.

Roofing

 

All structures within Goldcrest shall have cedar shake or an approved 25 year minimum warranted roofing material such as tile, materials resembling cedar shake and tile or a three-dimensional single-tab architectural grade composition roofing approved by the architectural committee. (This section moved from section A 3 for improved readability.)

 

The Architectural Control Committee shall have no power or authority to approve any building, fence, wall or other structure in conflict with these protective covenants or lawful regulation of a local government. The Architectural Control Committee shall have the authority to establish any such standards of architecture, design and construction as it deems reasonable.

C-3       Landscape and Other Land Use.

As provided for in the original Planned Unit Development (PUD), the Goldcrest Homeowners Association has the responsibility for approving all landscaping and general land use throughout the Goldcrest PUD.

To meet this responsibility, the Goldcrest Homeowners Association requires that any property owner or developer in the Goldcrest PUD file a detailed landscape plan with the Association's Architectural Control Committee. The Architectural Control Committee will review the plan and submit it with recommendations to the Association's Board of Directors for approval. The property owner or developer may also make a presentation to the Board.

When reviewing the plan, the Board shall consider compatibility with existing general designs and the ambiance of Goldcrest.

Once the plan is approved, the property owner or developer must substantially implement the landscape plan within 60 days after completing Construction. The plan shall be completely implemented within 365 days of starting construction.

 

D.     GENERAL PROVISIONS

D-1       Covenants - Duration

These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of ten (10) years from the date these covenants are recorded after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument, duly signed by a majority of the owners of the lots has been recorded agreeing that said covenants shall lapse.

 

D-2     Covenants - Amendments

These covenants may be amended at any time by an instrument duly signed by a majority of the then owners of the lots setting forth such amendments and recorded.

D•3       Enforcement

The Goldcrest Association, also known as the Goldcrest Homeowners Association, or any record owner of any lot within Goldcrest, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these Protective Covenants of Goldcrest. The failure of the Association or of any record owner of any lot to enforce by suit or otherwise any covenant, restriction, condition, lien or charge hereunder, or otherwise ensure compliance with the provisions of these Protective Covenants, shall in no event be deemed a waiver of the right or ability to do so thereafter in any circumstances whatsoever.

 

Section D-3 Enforcement:

 

In the event the Goldcrest Association or any record owner of any lot takes any action to legally enforce or ensure compliance with the restrictions, conditions, covenants, reservations, liens or charges imposed by these covenants, the Association or the record owner shall be entitled to recover its reasonable attorney fees, whether incurred prior to or after commencement of suit, and all fees and all costs incurred including without limitation expenses of title search, court costs, and costs of public officials and such fees and costs shall be included in any judgment of the court. Such costs and attorney fees shall include without limitation costs and fees incurred in any appeal or in any proceeding under the present or future state receivership statute, and costs and attorney fees incurred in any post Judgment collection proceeding. The costs and fees imposed in this paragraph shall become a lien against the real property of the lot owner against whom assessed by the Association or against whom judgment is entered until fully paid, plus interest at the statutory rate.

 

In the event the Goldcrest Association also known as the Goldcrest Homeowners Association, or any record owner of any lot takes any action to legally enforce or ensure compliance with the restrictions, conditions, covenants, reservations, liens or charges now or hereafter imposed by the provisions of these Protective Covenants, they shall submit the action to binding arbitration. Any party shall, in person or by certified mail, return receipt requested, submit a written complaint to [designated arbitrator] (hereinafter "Arbitrator) along with a check in an amount determined by the Arbitrator. A copy of the complaint shall be provided to the Board of Directors. Should "named Arbitrator" be unable or unwilling to act as an arbitrator, the parties will mutually select an agreed upon individual to serve as arbitrator. If the parties cannot agree on the selection of an arbitrator, either party may appeal to the Superior Court of Thurston County for the appointment of an arbitrator.

 

The Arbitrator shall contact complainant and the President of the Board of Directors to schedule the arbitration on a mutually convenient date. The arbitration shall be scheduled no earlier than thirty (30) days or later than ninety (90) days after receiving the complaint. There shall be no ex parte contact with the Arbitrator by either party; if either party violates this prohibition the Arbitrator may assess a five hundred dollar ($500.00) fine for each violation.

 

The Arbitrator shall enter an award within fifteen (15) business days from the date of arbitration. The costs of arbitration will be borne by both parties equally. However, the prevailing party in arbitration shall be entitled to recover reasonable attorney fees and costs arising out of the arbitration including the payment of all the Arbitrator's fees, from the non-prevailing party.

 

The Decision of the Arbitrator will be "binding" on all parties, The term "binding" means that no party may appeal the Arbitrator's decision.

D-4 Invalidation

Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other covenants which shall remain in full force and effect.