CC&Rs - Sunland Owners Association

Rules & Regulations

SUNLAND OWNERS ASSOCIATION

RULES AND REGULATIONS

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TABLE OF CONTENTS – Click on the topic for more information.

Parking	Burning	Pets/Animals
Nuisances and Annoyance	Antennas	Renting of Residences
Sale of Residence	Security Lighting	Garage/Estate Sales
Maintenance of Lots	Chimney and Air Pollution	Greenbelts
Use of Swimming Pool and Tennis Courts	Non-Conforming Useof Property	Tree Cutting
Propane Tanks	Exterior changes or modifications	Architectural and Location General Requirements.
Architectural and Location Prosecution of Work	Golf Course Property Easements	Signs
Fences

SECTION I

Purpose

These SunLand Rules and Regulations (R&Rs) have been carefully developed from the SLOA Bylaws, Board of Director policies, and experience of many years, and are an extension of the Covenants. This revision supersedes any previous R&Rs.

The R&Rs represent the minimums essential to the good order and quiet enjoyment we all sought in choosing to live in SunLand.

The Covenants give the Board of Directors the authority to enforce and grant exceptions to these R&Rs and to establish appropriate procedures for adjudication and the fixing of penalties should they ever become necessary.

SECTION II

The Rules and Regulations

1. Parking –

Boats, trailers, campers, vans equipped for overnight use, RV motor homes, vans or pick-ups with boats on top, other RVs and any commercial vehicle (as defined below) shall be housed in the owner’s garage or in the SunLand RV park. These types of vehicles may not be parked outside of any SunLand residence except to load, unload or service, for a maximum of 72 hours. Overnight parking, except as noted, is limited to garages, driveways and specially prepared gravel or paved areas in front of a residence adjacent to the street. All such parking areas must be approved by the SLOA Architectural Committee. All vehicles parked on these approved areas must be completely off the paved street. Regardless of the space available, the number of approved vehicles that may be parked overnight in front of any SunLand residence is four (4). No overnight parking on streets is permitted nor is overnight parking of any vehicle in paved, public parking areas except by permit obtainable through the Board of Directors. No vehicle storage is allowed in driveways or prepared parking areas. Semi-truck tractors and trailers must be parked outside of the SunLand development. (Rev 6/19/12)

Commercial Vehicles Defined:. This will include all vehicles with a gross vehicle weight rating of over 26,000 pounds. All vehicles designed to transport 16 or more persons. Any tank vehicles (designed for the commercial transport of liquids or gasses). All vehicles with double rear axles. Any vehicle required to be placarded for hazardous material transportation. Any vehicle with company logos that has a gross vehicle weight rating in excess of 10,000 pounds. (Rev 9/24/2013)

Parking – Boats, trailers, campers, vans equipped for overnight use, RV motor homes, vans or pick-ups with boats on top, other RVs and any commercial vehicle (as defined below) shall be housed in the owner’s garage or in the SunLand RV park. These types of vehicles may not be parked outside of any SunLand residence except to load, unload or service, for a maximum of 72 hours. Overnight parking, except as noted, is limited to garages, driveways and specially prepared gravel or paved areas in front of a residence adjacent to the street. All such parking areas must be approved by the SLOA Architectural Committee. All vehicles parked on these approved areas must be completely off the paved street. Regardless of the space available, the number of approved vehicles that may be parked overnight in front of any SunLand residence is four (4). No overnight parking on streets is permitted nor is overnight parking of any vehicle in paved, public parking areas except by permit obtainable through the Board of Directors. No vehicle storage is allowed in driveways or prepared parking areas. Semi-truck tractors and trailers must be parked outside of the SunLand development. (Rev 6/19/12)

Commercial Vehicles Defined:. This will include all vehicles with a gross vehicle weight rating of over 26,000 pounds. All vehicles designed to transport 16 or more persons. Any tank vehicles (designed for the commercial transport of liquids or gasses). All vehicles with double rear axles. Any vehicle required to be placarded for hazardous material transportation. Any vehicle with company logos that has a gross vehicle weight rating in excess of 10,000 pounds. (Rev 9/24/2013)

A) Use of the R.V. Storage Facility. (Rev 10/19/10)
Only property owners are eligible to rent space in the R.V. Storage area. After January 1, 2009 home renters with a valid rental agreement as of December 31, 2008 will be allowed to stay until their contract is no longer valid when moving from SunLand. From that date forward, only home owners will be permitted rental access to the R.V. Storage area.
Under no circumstances will sub-letting of R.V. space by owners to non-residents or renters be permitted. A fine of $500.00 will be enforced for each occurrence.
Parking will be limited to assigned space within the boundary lines of the space itself. Infringing on the space to either side of your assigned space will result in a $25.00 fine if not corrected within 10 days from the date of official notification.
Any damage done to the common area of the storage facility (i.e. wash rack, fencing, electrical outlets, etc.) will be the financial responsibility of the responsible party. Any unresolved damage expenses could result in a blanket increase in fees.
KEYS-Each owner receiving a key upon renting a space will be required to pay a $25.00 deposit. Upon giving up the space when no longer needed, the deposit and any unused rent will be refunded upon returning the key to the SLOA office. For keys not returned within 30 days of giving up the space the renter will be assessed an additional $75.00 penalty and the refund will be forfeited.
Each owner will be responsible for notifying the office of vehicle description and license number for the vehicle in the assigned space. If you purchase a different vehicle or have changed license plate numbers, it will be your responsibility to keep this information current with the SLOA office. Any discrepancies to this rule will be dealt with on an individual basis and could involve financial penalty.
The RV lot is not a general storage facility and is not intended for storing such items as construction material, old household appliances, storage sheds, etc. All equipment placed in the yard must be on wheels and readily movable. This would include items such as boats on trailers, motor homes, camping trailers, pickups, vans, cars, trucks, utility trailers, cargo trailers, etc.
Definitions:

Vehicle: car, van, truck, pickup truck or motor home/RV or any vehicle designed to move under its own power.

Trailer: any vehicle designed to be towed by a powered vehicle.

Boat: any type of water craft.

All vehicles and trailers shall meet the following:

All vehicles/trailers shall be in good working and operational condition.

All vehicles shall be moveable under their own power.

All vehicles/trailers shall not appear to have been abandoned.

All vehicles/trailers shall be kept reasonably clean and neat in appearance.

All vehicle/trailer covers are to be kept in good condition; not torn or damaged.

All vehicles/trailers shall be currently registered and licensed.

All boats shall meet the following:

All boats shall be in good working and operational condition.

All boats shall not appear to be abandoned.

All boats shall be kept reasonably clean and neat in appearance.

All boat covers are to be kept in good condition; not torn or damaged.

All boats shall be currently registered and licensed.

All boat accessories such as fishing gear, lifer preservers, anchors, crab or shrimp pots, etc. shall be stored within the water craft or boat.

No boat accessories such as fishing gear, lifer preservers, anchors, crab or shrimp pots, etc. are to be left on the ground

Only one vehicle, trailer or boat with trailer allowed in a space at any one time.
RV rental to be paid no later than January 31st of each year; if not paid, vehicle, trailer or boat is subject to being removed by SLOA at the member’s expense.
No storage sheds of any type allowed. The RV LOT is reserved for the storage of vehicles, trailers and boats exclusively.
Insurance: All persons who store a vehicle, trailer or boat at the SLOA RV Lot shall provide to SLOA staff proof of insurance upon renewal of the insurance policy each year which, at a minimum, demonstrates insurance coverage for general, legal and liability, subject to the following requirements:
Private vehicle/trailers. For all private, non-commercial vehicles or trailers, the required insurance shall have liability limits of at least $300,000 per occurrence.
Commercial vehicles: For commercial vehicles the required insurance shall have liability limits of at least $500,000 per occurrence.
Losses or damage to property owned by SLOA shall not be limited in any manner.
Losses or damage to other vehicles, trailers or boats not owned by the insured shall not be limited in any manner.
SLOA shall be listed as an Additional Insured on all insurance policies covering vehicles, trailers or boats.
No flammable materials or liquids, explosive devices or material that has the potential to burn, explode or damage property shall be stored in the RV Lot except for gas in a vehicles gas tank or boats with gas tanks that are part of the boat structure or propane in approved propane tanks permanently mounted on a trailer or RV. Outboard gas tanks, including gas cans, with or without gas are not to be stored in the RV Lot.
Unregistered vehicles, trailers or boats or vehicles, trailers or boats that appear to be abandoned will be removed by SLOA at the SLOA member’s expense.
SLOA members residing in the SLOA community have first right to rent spaces in the RV Lot for their own use; renters of homes within the SLOA Community may rent one space based upon availability at the discretion of the SLOA Board of Directors and upon the SLOA member approving in writing their acceptance of responsibility for the renter’s conduct. Non-Resident members may not rent a space for their renters use. Renters must vacate their space upon notice from SLOA to do so.
SLOA members may not rent more than two (2) spaces without the express approval of the SLOA Board of Directors. In no case shall spaces to be rented for commercial purposes or to hold vehicles, trailers or boats for sale.
Any failure to adhere to these rules shall result in expulsion from the RV Lot for a period of no less then eighteen (18) months nor more than thirty-six months as determined by the SLOA Board of Directors; additionally, a fine of $500 shall also be imposed.
Any SLOA member in arears on dues, assessments and/or fines shall be required to remove their vehicle, trailer and/or boat from the RV Lot until such time as their dues, assessments and/or fines are paid in full. If said member fails to remove their vehicle, trailer and/or boat within ten (10) days of notice to do so SLOA shall have the vehicle, trailer and/or boat removed at the member’s expense.

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2. Burning – There shall be no outside burning, barbecuing excepted.

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3. Pets/Animals -Dogs must be walked on a leash or otherwise restrained when outside. This includes while in the owner’s yard. Electronic fencing does not fulfill the mandates of this rule. The inability to control a pet even when on a leash, which results in an injury, is a fineable offense. Violations should be reported to the County Sheriff first and then to the SLOA office. Droppings shall be removed immediately and disposed of by the owner. Walking pets on the golf course is prohibited. (Rev. 1/15/2013)

Cat owners will manage their felines so as to assure they are not being a nuisance to neighbors nor the community at large.

Feeding of wild animals, such as raccoons and deer, etc. is expressly forbidden, excepting birds.

Livestock, poultry, or other animals may not be kept or bred in or around any dwelling or common area.

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4. Nuisances and Annoyance – No activities that are a nuisance or annoyance to others, including setting off fireworks and the use of pellet or BB guns, shall be carried on anywhere in the SunLand Development. (Rev. 5/19/09)

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5. Antennas – Satellite receivers, or dish antennas, shall be no larger than one meter in diameter, may extend no more than twelve feet over the house line, and shall be discreetly placed in a location to blend inconspicuously with overall property appearance. Amateur radio antennas may be erected under a special permit from the Architectural Committee (Rev 10/11/01).

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6. Renting of Residences –

Each owner shall advise the office in writing and in advance of occupancy the name, address and phone number of the lessee(s). Rentals will be limited to occupancy by one family per single family dwelling and for a period of not less than sixty (60) days without approval of the Board of Directors. Owner shall deliver these R&Rs to the lessee and shall be responsible for the lessee’s full compliance of occupancy.

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7. Sale of Residence –

Each owner shall advise the SLOA office, in writing and in advance of occupancy, the name of the buyer and the date of sale and/or occupancy.

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8. Security Lighting –

Each owner shall have darkness-to-dawn automatic lighting on the street side of the property.
This light shall be a standalone fixture and not connected to the front of the home or garage. Division 7 condos shall be exempt to a standalone fixture due to the lack of front yard space. However, the lights on the garage fronts shall have the automatic dusk-to-dawn feature.
All Security Lights shall have a bulb of no less than 40 Watts (450 lumins) and a maximum of 60 Watts (800 lumins).
Solar lights are prohibited as a method of security lighting due to the lack of performance to meet our standards.
If the owner is unable or chooses not to replace the security light bulb after the first notification that the light is burned out, SLOA will replace the security light bulb for a charge of $25.00. If the fixture is not working, the owner shall have thirty days from notification to repair or replace the fixture. Failure to repair or replace the fixture will result in a $100.00 fine for each thirty day period until the fixture is repaired or replaced.
Many homes built in Sunland in the 1970’s or earlier did not have a requirement for the installation of a Security Light. The homes have been “Grandfathered” and were not required to upgrade their home to include a standalone Security Light while the current owner lives in the home. However, upon the sale or rental of the home the owner must install a security light meeting the then current SLOA standards.

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9. Garage/Estate Sales –

Garage/Estate Sales shall be limited to owners. Each owner shall be limited to two sales, one within 180 days of moving in and one any time after the residence is placed on the market for sale. The Garage/Estate Sale must be registered at the SunLand office and a permit obtained. The permit will be for specific dates, no more than three consecutive days, and must be posted in a conspicuous location during the hours of the Garage/Estate Sale. Failure to obtain and/or post this permit is a fineable offense.

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10. Maintenance of Lots –

Maintenance of Lots – Vacant and Improved (with residence) – Owners shall maintain their lots, boundaries as platted, as required in Article IV, Section 7 (I) of the Covenants. (Rev. 10/11)

Vacant Lots – Kept free of all fire hazards such as dry grass, dead trees, both fallen and standing, flammable brush, debris, flammable and otherwise. Grass must be kept cut and free of weed overgrowth. The use of herbicides to kill the grass of major portions of a lot, leaving it vulnerable to poor water absorption and blowing dust, is prohibited (Rev 12/21/10)
All Lots – Vegetation growing/hanging over the adjacent property line must be removed. Exceptions: limbs or branches of trees may extend over the adjacent property line except where the owner of said property objects. Any trees which are deemed by SLOA to create a hazard to an adjacent residence must be removed by the owner.
Disposal of Yard Waste -No yard waste, pruning debris or clipping of any sort may be dumped or deposited within any greenbelt or on any lot as shown on the map of the subdivision. All yard waste, pruning debris and clipping are to be disposed of by placing in a green-waste container supplied by a Waste Collection company or taken to the public Waste Transfer point. Owners wishing to compost their yard waste or clippings may deposit the material in an enclosed composting bin. Compost piles are not allowed. Such composting bin and its immediate surroundings shall be kept clean and neat. The concern is esthetics, and some form of lattice fence and/or shrubbery will be required to camouflage the bin.

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11. Chimney and Air Pollution –

Members will conform to published standards in use of fireplaces, wood-burning stoves, and barbecues. Burning of trash and/or garbage is prohibited.

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12. Greenbelts –

Greenbelts are among the common areas maintained for use, benefit, and enjoyment of SLOA members and their guests. Uses other than recreation and enjoyment are not permitted.

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13. Use of Swimming Pool and Tennis Courts –

Use of these facilities is for SLOA members and their guests. Rules for use are posted at respective facilities. It shall be the responsibility of the homeowner to oversee guests’ conformity to the rules.

14. Non-Conforming Use of Property – Non-conforming use shall not be permitted within any area of SunLand without prior approval of SLOA.

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15. Tree Cutting –It is the goal of the SLOA Board to preserve the wooded nature of the SunLand Community whenever practical. Protecting the evergreen trees is a priority. The Architectural Committee will not approve the removal of healthy trees unless there are special circumstances, such as safety concerns. Windowing (cutting limbs from the middle of the tree) or topping of a tree is strictly prohibited. Deciduous trees, on private property, may be trimmed by the homeowner as needed.

These restrictions also apply to vacant lots and any tree over 20 ft. in height. In making a decision, the Architectural Committee will take into account the impact any action will have on neighboring homeowners.

In cases where trees have grown too large for their location, removal may be approved if the owner agrees to replace the removed tree with an appropriate sized tree. (Rev. 1-15-13)

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16. Propane Tanks – Approval from the Architectural Committee is required before any propane tank can be installed. The concern is esthetics, and some form of lattice fence and/or shrubbery will be required to camouflage the tank.

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17. Structural exterior changes or modifications – Any architectural change, including paint colors, to new or existing property must be approved by the SLOA Architectural Committee.

Solar Energy Generation Equipment
For purposes of this section, “system” means a solar panel device or system or combination of solar panel devices or systems that relies on direct sunlight as an energy source, including a solar panel device or system or combination of solar panel devices or systems that collects sunlight for use in;
a) The heating or cooling of a structure or building;
b) The heating or pumping of water;
c) The generation of electricity.
No part of a roof-mounted system may extend above the roof ridge line and must conform to the slope of the roof.
A roof-mounted system facing a street must conform to the slope of the roof and the top edge of any part of the system must be parallel to the roof ridge line.
The system frame, support bracket(s), or any visible piping or wiring must be painted to coordinate with the roofing material. Black mounting components are allowed on any roof.
A ground-mounted system must be shielded from view in the same manner as propane tanks provided the shielding of the system does not prohibit economic installation of the system or degrade the operational performance quality of the system by more than ten percent.
Owners who install a system must indemnify or reimburse the association or its members for loss or damage caused by the installation or maintenance of the system.
Components, meter, junction boxes, etc., mounted on the exterior of the structure must be painted the same color as the structure or shielded from view. The concern is esthetics, and some form of lattice fence and/or shrubbery will be required to camouflage the components if they are not painted.
Components wiring must be within the wall of the structure upon which they are mounted. If the interior of the wall upon which the components are to be mounted cannot be accessed from either the interior or exterior of the structure then the Architectural Committee may in its discretion waive this requirement.
Systems installed prior to the adoption of Section II.17 are grandfathered as installed and no modification to such installation is required.

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18. Architectural and Location General Requirements.

Procedures in CC&Rs Article IV, Section 6 must be followed. (Rev 8/19/08) Completion of landscaping is contingent on architectural approval.

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19. Architectural and Location Prosecution of Work. Procedures in CC&Rs Article IV, Section 6 must be followed. (Rev 8/19/08) Completion of landscaping is contingent on architectural approval.

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20. Golf Course Property Easements – There is a twenty foot (20’) out-of-bounds ingress and egress easement on properties that border the golf course that allows golfers to retrieve balls. (Rev 7/15/08)

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21. Signs: The purpose of having rules about signs is to maintain the residential beauty of our SunLand neighborhoods. Permitted signs must be no larger than 18”X 24.” Signs must be on the owner’s property and placed so they do not restrict visibility of traffic, and no more than one sign per subject. (Rev 5/19/09)

The CC&Rs permit the following:

Real Estate. One professionally made real estate sign may be displayed on each road frontage per property. (Rev. 12/12).
Contractor sign. One sign may be displayed during the process of construction or landscaping and will be removed immediately upon completion of work.
Home Security. Home Security signs are allowed providing they meet number and size criteria.
Political Signs. Political signs may be displayed on owner’s property prior to an election and must be removed no later than the day after the election. Only one subject per sign is allowed.

A homeowner may request an exception to the signs criteria by making such a request in writing to the SLOA Board for their consideration. A request for a permit or a temporary sign may be made in the same manner.

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22. Members in good standing may request copies of the books, records, and papers of SLOA. These requests may be made in writing or in person at the Business Office. Such requests will be processed in a timely manner, not to exceed five (5) workdays. There will be a charge of $.25 per page for each page provided. Those requesting copies of the SLOA mailing list will need to sign a statement that the list will not be used for any commercial purposes and that it will not be sold or transferred to any other party. In no case will email addresses, phone numbers, or renter information be disclosed. (Rev. 2-10)

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23. Fences. It is the responsibility of the homeowner to maintain privacy fences and keep their fences in good repair consistent with the original design and approved installation as stated in Article IV. Section 7g of the CC&Rs. (Rev.12/12)

SECTION III
SLOA Covenants

Enforcement of Covenants and Rules and Regulations

Provided that the SLOA Board of Directors has concluded that a violation of the Covenants or these R&Rs has occurred, written notice of such violation shall be given to the owner, or person in possession of such property, together with demand for corrective action and a time period with which such corrective action must be taken. In the event such action is not taken as required, SLOA shall have the authority to impose such sanctions as it may deem appropriate and to pursue such legal action as may be considered necessary. Sanctions shall include but not be limited to suspension of voting rights and use of the common areas and facilities, and/or a monetary fine for the violation. (See “System of Fines“.)

SEX OFFENDER POLICY

Any owner or resident within the Association who is a registered sex offender must report their sex offender status to the Board immediately upon becoming a member of the Association, or becoming a registered sex offender, whichever comes first.

For the purpose of this policy, a registered sex offender is anyone who is required to register or report to any public entity or to any part of the public that they have committed a sexual offence, regardless of the age or gender of the victim, and whether the offender has, in fact, properly registered or reported.

Registered sex offender use of pool or tennis court facilities is not allowed as children are allowed at these facilities at any time.

The Board wishes all pool and tennis court users to keep in mind that the Association does not have the resources to monitor the activities or status of sex offenders within the community. The Association can only enforce the above policy against those individuals of whom it becomes aware. It is also unable to avoid the risk of those predators that are not known and not required to register.

The primary responsibility for the supervision and protection of children is the parent or adult over 18 years of age accompanying those children to the pool or tennis courts. Please closely supervise your children.

(Rev. 7/19/2016)

Dated this 19^th Day of July, 2016

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CC&Rs

(Revised document posted Oct 20, 2006)

AMENDED

DECLARATION OF COVENANTS, CONDITIONS

AND RESTRICTIONS OF RECORD OF

SUNLAND DEVELOPMENT

ARTICLE I

Authority and Purpose

WHEREAS, the SunLand Development has developed over a period of years through adoption and recording of various plats, short plats, planned unit developments, and condominium declarations; and

WHEREAS, the Covenants, Conditions and Restrictions (CC&R’s) have been uniformly adopted throughout the SunLand Development on the 29th of June,1993, and

WHEREAS, since 1994 the State of Washington revised its laws regulating and controlling homeowner organizations, and
WHEREAS the SunLand development is indeed subject to these revisions and additions, as a duly incorporated homeowners association in the state of Washington and

WHEREAS the following set of CC&R’s were approved in their entirety by a 2/3 majority of a quorum of the membership at the annual meeting held in September, 2006.

Now, therefore, the following Covenants, Conditions, Reservations, Easements and Restrictions are hereby established and approved with respect to all lots, units, and real property interests. Said properties are more particularly described in Exhibit A attached hereto.

These Covenants amend and supersede in their entirety those Covenants, Conditions, Restrictions, Easements and Reservations previously adopted as affecting the properties which are subject hereto; provided, however, the unit owners in Div. Nos. 7, 11, 15, 16 and 17 shall continue to also be subject to their respective Condominium and/or P.U.D. Declarations governing the relationships, rights and responsibilities of those unit owners among themselves and the common areas contained solely within those divisions.

These Covenants, Conditions, Restrictions, Easements and Reservations shall run with the land and shall be binding upon the owners of each lot, unit or other real property interest, their heirs, successors and assigns.

ARTICLE II

Definitions

Section 1. “Association” shall mean SunLand Owners Association, a Washington corporation, organized pursuant to the Washington Non-Profit Corporation Act (RCW 24.03) and better known and referred to throughout these documents as “SLOA.”

Section 2. “Assessments” shall be charges levied and collected by SLOA to cover costs incurred while protecting and maintaining the health, tranquility, and welfare of the community. Such costs include but are not limited to installation or acquisition of capital improvements; professional services necessary to maintain the overall welfare of the community; construction and maintenance or acquisition of’ common areas and facilities and provision of and operation and maintenance thereof.

Section 3. “Dues” shall be charges collected by SLOA to aid in the administration of SLOA, and the operation and maintenance of its properties, services, common areas, and those amenities which are open to the membership, to be used as a benefit of such membership. Payment of dues and rights secured thereby is not meant to include membership in SunLand Golf and Country Club or its facilities.

Section 4. “Fees shall be charges collected by SLOA for use of any recreational or other SLOA-owned or SLOA-operated facility or amenity.
Section 5. “Common areas” shall mean all property, facilities and amenities owned or operated by SLOA for the use, benefit and enjoyment of owners. The common areas shall include those as shown on any final recorded plat accepted and incorporated into the SunLand Development and shall include, but not limited to swimming pools, parks, playgrounds, beach areas, tennis courts, community clubs, open areas, greenbelts and other areas which are open to use by any member of SLOA, his or her family, or guests. The SunLand golf course shall not be deemed a common area.
Section 6. “Lot” shall mean any plot of land shown upon any recorded and approved SunLand subdivision map of properties with the exception of common areas.
Section 7. “Owner” shall mean and refer to every person or entity who is record owner of a fee or undivided fee interest or purchaser under conditional sales contract of any lot, condominium unit or Planned Unit Development (P.U.D.) unit, which is a part of the recorded and approved subdivision maps of the SunLand Development. The foregoing is not intended to include those having such interest merely as security for performance of an obligation.
Section 8. “Approved subdivision map” shall mean those plats, condominiums or P.U.D. subdivisions, and more particularly described in Exhibit A attached hereto, and incorporated herein by this reference, together with any future plat, condominium, P.U.D., or other property which is filed with the Clallam County Auditor as final, and approved and accepted as part of the SunLand Development.
Section 9. “Property” or “properties” shall refer to the owner’s lot or lots or condominium or P.U.D. unit or units as contained within any final plat, condominium or P.U.D. subdivision approved as part of the SunLand Development.

Section 10. “Public Services” shall refer to those services normally rendered for peace, health, safety, welfare and protection of persons residing within the SunLand Development, including, but not necessarily limited to police, fire protection, emergency services, roads, street lighting, cleanup, and sanitation.

Section 11. “Unit” is a condominium unit, Planned Unit Development (P.U.D.) unit or other real property ownership interest recognized by Washington law and part of a recorded subdivision map approved for incorporation into the SunLand Development.

Section 12. “Utilities” refers to sewage disposal, garbage disposal, storm drainage, telephone, gas, electricity, TV cable, and other similar services; and the furnishing of potable water for domestic and related use to lots and units within platted subdivisions.

Section 13. “SunLand Development” shall mean all plats, subdivisions, condominium, Planned Unit Developments and lots approved and accepted as part of SunLand and subject to and benefited by the terms of these Covenants and the dedications contained within the various plats.

Section 14. “Water and Sewer District” is a municipal corporation formed to provide water and sewage service to SunLand Development.

Section 15. “Board of Directors” shall refer to the body of persons elected by the membership and whose duties and responsibilities are to carry out, on a day-to-day basis, the requirements of the Covenants, Bylaws, and Rules and Regulations.

Section 16. “Fixtures” shall mean certain non-structural outdoor additions, normally under the jurisdiction of SLOA, to the home or lot, such as lighting, fences, signs and propane tanks.

ARTICLE III

Members Rights and Obligations

Section 1. Owners’ Easements of Enjoyment. Every owner shall have the right and easement of enjoyment and use of all common areas and such right shall pass with the title to every lot or unit, subject to the following provisions:

(A) Right of Participation. The right to share or participate in any of the property, assets, privileges, or facilities of the Association shall be extended to all members and to the spouse and children of any member and may be extended to guests under such rules and regulations as SLOA may prescribe.

(B) Fees. SLOA shall have the right to charge reasonable fees, dues and assessments in conjunction with its operations for use, maintenance, and operation of its facilities and the common areas and as otherwise necessary to carry out its functions.

(C) Penalties. Fees, dues or assessments unpaid by any member can result in suspension of a member’s voting rights as well as right to use of the common areas and SLOA-owned facilities.

(D) Liens. Delinquent dues, fees or assessments may become a lien against the owner’s lot or unit as described in Article VIII.

Section 2. Conformance to Plat. All structures erected on any lot or area within any platted subdivision shall conform to the final plat as recorded in the Office of Auditor of Clallam County, State of Washington, insofar as type of structure and intended use be concerned. Areas within said plat have been laid out for specific use. Non-conforming use shall not be permitted within any such area without prior approval of SLOA or its designated committee.

Section 3. Easements. Easements and rights-of -way continue to be expressly reserved for creation, construction, and maintenance of utilities, such as gas, water, telephone, electricity, sewers, storm drains, TV cable, public, quasi-public or private, as well as for any public, quasi-public or private utility or function deemed necessary or expedient for public health, safety and welfare. Such easements or rights-of-way shall be confined to five (5) feet along rear and side of every lot and fifteen (15) feet along the street upon which the lot fronts.

Section 4. Animals. No husbandry of either animals or fowl shall be conducted or maintained in the SunLand Development. House pets shall be allowed, provided they do not become a nuisance to others. No breeding of animals shall be allowed.

Section 5. Signs. No signs of any kind shall be exhibited in any way on or about any residential lot or unit, any common area, or near the entrances to the SunLand Development except one professionally made sign, no larger than 18″ by 24″, that is (A) advertising said property for sale or rent, or (B) a contractor sign during process of construction or landscaping. Upon completion of work, contractor shall remove said sign. Exceptions to the above limitations may be authorized by the Board for signs of general interest. Such signs may be, but not limited to, signs with regard to meetings, swimming pool notices, and directional signs.

Section 6. Vehicle Parking. Parking of all vehicles on Sunland development streets or common areas is subject to the control of the Board of Directors. The Board shall publish rules and regulations, under provisions of Article III, Section 8, governing parking and storage of all vehicles on Sunland development streets and common areas in order to preserve the health and safety of homeowners as well as maintain order and quiet enjoyment of properties within the Sunland development. Overnight home parking in the driveway is also limited to uncovered automobiles only. Boats, trailers, campers, vans equipped for overnight use, motorcycles, RVs, and motor homes shall be stored in the garage, or outside the development such as in the Sunland Storage Yard. Vehicles considered RV’s may, however, be parked in driveways for up to 72 continuous hours as long as such parking is exclusively for purposes of loading, unloading, or servicing.

Section 7. Architectural and Location Requirements. All improvements and structures shall comply with the architectural and location requirements as set forth in Article IV.

Section 8. Authority of SunLand Owners Association. SLOA shall have the authority to adopt such rules and regulations as are necessary to enforce these Covenants and for the promotion of health, safety and welfare of the owners, residents and guests of SunLand. For violations of the above, SLOA shall have the authority to impose such sanctions as it may deem appropriate and to pursue such legal action as may be considered necessary. Sanctions shall include but not be limited to suspension of voting and/or membership rights, including use of SLOA common areas and facilities.

ARTICLE. IV

Architectural and Location Requirements

Section 1. General Requirements. Prior to the clearing of any lot, approval of the Architectural Committee must be obtained for the removal of trees.

Prior to commencement of any construction, clearing or site work, plans and specifications for all structures and improvements within the SunLand Development must be first submitted to SLOA or its duly appointed Architectural Committee for written approval as to the nature and quality of the proposed workmanship and materials, harmony of external design, size, orientation and location with respect to natural surroundings and existing structures; location with respect to topography and finish grade elevation; height; impact upon view from neighboring properties; and conformity with the general plan for development of SunLand with due regard to preservation of trees. Proposed tree-removal is to be included with all submissions.

In reviewing such plans and specifications, SLOA and the Architectural Committee shall recognize that there can be an infinite number of architectural concepts and ideas for development. SLOA shall encourage the formulation of such concepts and ideas. Nevertheless, for the protection of all owners, SLOA and the Architectural Committee shall make certain any improvement or structure will be consistent with the existing architecture and harmony of the SunLand Development. All construction must conform with County building codes.

Section 2. Committee Make-Up and Authority. An Architectural Committee shall be appointed by the Board of Directors. There shall be no less than three (3) members. The Architectural Committee will serve at the pleasure and direction of the Board. Except as otherwise provided herein, a majority, but not less than three (3) members, shall have the authority to act on behalf of the committee without the necessity of a meeting and without consulting the remaining members of the committee.

Section 3. Architectural Requirements and Guidelines. The Board of Directors shall approve and publish architectural requirements and guidelines, applicable to construction, clearing and site work within the SunLand Development. Said publication shall include specifications, as set forth herein. Also included will be such additional requirements as may be necessary to create a consistence and harmony in the community as to exterior design, size, orientation and location with respect to natural surroundings and existing structures; location as to topography and finish grade elevation; height; impact upon view from neighboring properties; and preservation of trees.

Section 4. Application and Building Plans. Plans and specifications must accompany an application for construction of all structures and improvements (including the addition of fixtures to a member’s house, outbuilding or property) and must be submitted to the Architectural Committee prior to construction for the committee’s written approval. There will be no verbal approvals or agreements. Requirements for application and necessary accompanying documents shall be determined by the Architectural Committee. The applicant will be informed in writing of the decision of the committee.

The Architectural Committee shall have thirty (30) days from the date of receipt of the completed plans, specifications and application, to approve or reject the same. In the event no such action be taken by the committee within said thirty- (30) day period, then such plans and specifications shall be deemed to have been approved by the committee. A like requirement shall apply in the case of the filing of revised plans and specifications, or plans which provide for the modification, rebuilding, or revision of existing fixtures or structures.

No deviations from the approved plans and specifications will be accepted without prior written approval of the committee,

Section 5. Final Approval of Completed Construction. Upon completion of any approved construction or improvement, the property owner shall promptly notify the Architectural Committee in writing. The committee shall have a period of thirty (30) days from the date of notice of completion in which to examine and inspect the improvement for the purpose of determining whether it complied with the plans and specifications as approved by the Architectural Committee. Should the committee determine that the improvement does not comply with the plans and specifications, it shall notify the property owner within such thirty- (30) day period. The property owner shall, within such time as the committee shall specify (but not less than: thirty (30) days from the date of notice), either remove such improvement or alter the same so that it shall comply with the plans and specifications as approved by the committee. In the event that the committee fails to act within said thirty- (30) day period, the improvement shall conclusively be deemed to conform to such plans and specifications and to have been accepted by the committee.

Section 6. Prosecution of Work. The construction of all structures shall be prosecuted diligently and continuously from start of construction until exterior of structure is completed. Exterior construction will be completed no later than six (6) months from time approved by the Architectural Committee. Should construction be interrupted for a period of thirty (30) days or more, the committee may require the site to be cleared of all debris, unsightly material and equipment. All unused building materials shall be stored within or on any partially completed structure or removed from site. Should construction not be resumed within six (6) months, the committee may require that all construction above the first floor deck level, not under roof and enclosed be dismantled and removed from the site. Exterior of foundation shall be back-filled and the building site graded smooth. Noncompliance may result in the work being done by others with the property owner being assessed for the cost of such work. Any assessment shall be the personal obligation of the owner and shall be a lien against the property under Article VIII.

Section 7. Construction Standards. The following standards shall be used by SLOA and the Architectural Committee in approving building plans and specifications.

(A) Garages and Carports. All garages must be attached to the dwelling and limited to a total opening width not to exceed twenty- four (24) feet. No new carports will be approved.

(B) Outdoor Decks and Patios. Decks and patios are encouraged. Decks shall be required to comply with building codes.

(C) View and Harmony.

(1) Harmony. The orientation and location on lots within the division shall be reviewed by the Architectural Committee to see that proposed structures are compatible with the natural surroundings and with other residences in the immediate area.

(2) View. Property owners shall restrict the height of structures and improvements so that the view of adjacent property owners is preserved to the greatest extent reasonably practical.

(D) Lot Size and Setbacks, Residential. No more than one single-family dwelling shall be constructed per lot. Setbacks from front property line, the rear property line, and side lot lines, and location of structure upon corner lots shall be in accordance with regulations and code requirements appertaining thereto as from time to time promulgated by Clallam County, State of Washington. No primary structural framing shall extend into the setback. Eaves, decks, porches, or other architectural elements may project no more than 2 feet into the setback. No outbuildings shall be allowed within the setback areas. Patios at grade level are exempt from these setback restrictions.

(E) Minimum Dwelling Size and Maximum Height Limitation. The minimum size of interior floor space of all single-family units (exclusive of garages, breezeways, patios and porches) shall be 1500 square feet. Maximum height shall be no more than twenty-three (23) feet from the highest finished grade to peak of the building. However, the Architectural Committee shall have the right to restrict the height to less than the maximum if there is a negative effect on view and/or the aesthetic compatibility with other buildings in the area.

(F) Modification Requirements. Any modification to the exterior of any dwelling or other structure must be approved by the Architectural Committee prior to start of work.

(G) Fences. No fence, hedge or bushes shall be erected or maintained which would unreasonably restrict or block the view from neighboring lot or lots or shall materially impair the harmony of the landscape of the neighborhood. No fence may exceed six (6) feet in height. Chain link fences must be black or dark green. No fences or hedges shall be placed within 20 feet of the property line bordering the golf course. Fences and hedges beyond this boundary are limited to no more than 4 feet in height. All fence designs and materials are subject to the approval of the Architectural Committee.

(H) Heat Pumps. Location of heat pumps relative to the building requires prior approval by the Architectural Committee. The committee shall consider aesthetics as well as minimum noise to adjoining properties in its consideration and approval.

(I) Care and Appearance of Premises. The necessity of maintaining the exterior of the residence and keeping grounds of the premises in a neat, clean and attractive manner is important to the community of SunLand. Property owners are required to keep the grass cut, shrubbery pruned, weeds controlled or eliminated, and debris removed. Vacant lots shall be kept free of any material that could create a fire hazard. Objectionable materials are not to be stored on property, including but not limited to: building materials, junk items, or any unattractive materials or items that detract from the natural appearance of the grounds (excluding neatly-stacked firewood). Property owners shall maintain the exterior of structures and improvements on their premises in a good state of repair and condition. SLOA has final authority to request the property owner to correct or remove the objectionable condition.

Items on the grounds held out for sale in a garage or yard sale are objectionable items under this provision unless the garage or yard sale is one of a potential two that may be held by the home owner, with the first held within the first 180 days of ownership and the second after the house has been listed by the owner for sale.

SLOA shall have hand delivered, or sent by first-class mail, to the owner of the offending property a request to correct the problem. Such request shall contain (1) a description of the offense, (2) the time within which the owner must respond with either sufficient assurances that the problem will be immediately corrected or correct the problem, and (3) the estimated amount to be assessed to the homeowner if SLOA must correct the condition. If problems are not corrected, or no adequate assurance is given within 10 days after the request is sent, SLOA may have the necessary work done and assess the property owner for the costs. Such assessment shall be the personal obligation of the owner and shall be a lien against the property under Article VIII.

(J) Landscaping Requirements. The owner of a newly completed dwelling shall be required to complete landscaping no later than six (6) months following the beginning of the growing season after the date of certificate of occupancy.

(K) Areas Approved and Zoned Commercial. In addition and supplemental to the uniform general restrictions, the erection and maintenance of commercial and mixed commercial buildings are limited and restricted to those sections and areas as are platted and approved by SLOA for that purpose and zoned for that purpose.

(L) Additional Standards. SLOA may establish such additional standards as are necessary to assure uniformity, order, and quiet enjoyment of properties within the SunLand Development.

ARTICLE V

SunLand Owners Association

Section 1. Members. Every owner shall be deemed for all purposes to be a member of SLOA. Each member shall advise the SLOA office in writing in advance of sale of their property, including the name of the buyer and the date of sale. Membership shall be inseparably appurtenant to the lot or lots, unit or units owned or being purchased by the member and upon the transfer of ownership or making of a contract for sale of such lot or unit, the membership appurtenant thereto shall be deemed to be transferred to the contract purchaser or grantee. Membership may not be conveyed or transferred in any other way. In the event of death of a member, membership passes in the same manner and to the same persons as does the property itself. To the extent not inconsistent herewith, membership shall be transferred in the manner provided in the Articles of Incorporation and the Bylaws of the Association. Lot or unit owners or purchasers shall have one membership regardless of the number of lots or units owned or being purchased, and the interest of each member shall be equal to that of any other member, and no member may acquire any interest which will entitle him to any greater voice, vote or authority in the Association than any other member. The purchaser under a contract of purchase shall be deemed to be an owner for membership purposes. If any lot or unit is held by two or more persons, the several owners of interest shall be entitled, collectively, to cast one vote. The vote for any membership owned by a single marital community shall be cast by either spouse without presentation of authority from the other, but if both are present, only one may vote. No member may withdraw except upon transfer of title or contracting for the sale of the lot or unit to which his membership is appurtenant. No compensation shall be paid by SLOA upon transfer of membership and no member whose membership is transferred shall be entitled to share or participate in any of the property or assets of the Association.

Section 1.5. Renters. Each owner shall advise the office in writing and in advance of occupancy the name, address, and phone number of the lessee. Rentals will be limited to occupancy by one single family per dwelling and for a period of not less than 60 days without approval of the Board of Directors. Owner shall deliver a copy of Sunland Development Rules and Regulations to lessee and shall be responsible for the lessee’s full compliance for the duration of occupancy.

Section 2. Organization and Meetings. To the extent consistent with these Covenants, provisions regarding organization, authority, meetings, directors, officers, and voting of SLOA shall be set forth in the Association’s Articles of Incorporation and Bylaws. The authority to elect the Board of Directors is reserved to the membership.
Section 3. Powers of the Board of Directors. The Board of Directors shall have the power to:

a. Adopt and publish rules and regulations governing the use of the common area and facilities and the personal conduct of the members and the guests thereon, and to establish penalties for any infraction thereof.

b. Suspend the voting rights and rights to use of the common areas and facilities or other rights of membership by any member during any period in which such member shall be in default in the payment of any dues or any financial obligation levied by SLOA.

c. Exercise for and on behalf of SLOA all powers, duties and authority vested in or delegated to the Board and not specifically reserved for the membership.

d. Take such action as deemed necessary in order to promote the health, safety and welfare of the general membership.

e. Levy and collect such dues, fees and assessments as necessary to properly maintain, improve and manage the property, assets and facilities of SLOA and to otherwise carry out its functions, provided any increase in annual dues or proposed new assessment shall be approved by a majority of the membership voting in person or by proxy at a meeting called for such purpose.

f. Employ a manager, managing agent, independent contractor, or such other employees and agents as they deem necessary and to fix and prescribe their duties, compensation, and other terms and conditions of employment.

g. Establish conditions for indemnity and insurance of officers and directors.

h. Do all things necessary for the administration of the affairs of SLOA and for the accomplishment of the best interests of SLOA, its facilities, utilities and properties.

Section 4. Duties of the Board of Directors. It shall be the duty of the Board of Directors to:

a. Cause to be kept a complete record of all of its acts and corporate affairs and to present a summarized statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the members who are entitled to vote.

b. Supervise all officers, agents and employees of the Association and see to it that their duties are properly performed.

c. To provide for and supervise the care, upkeep and surveillance of the common areas, property and facilities.

d. Procure and maintain adequate liability and hazard insurance on property owned by the Association.

Section 5. Dues. Each member shall be required to pay annual dues to SLOA at the time, frequency and manner and in the amount fixed by the Board of Directors. Failure to pay dues will result in sanctions as set forth in Article VIII.

ARTICLE VI

Assessments

Section 1. Type of Assessments. Assessments may fall into one or more of the following classes:

(A) Capital Assessments. Assessments, the proceeds of which are accumulated in trust over a specified period of time, to be used in the construction of certain capital improvements.

(B) Loan Assessments. Assessments used for the purpose of amortizing monies borrowed for constructing, installing, or acquiring certain improvements or for furnishing of other services to the members.

(C) Service Assessments. (1) Assessments imposed upon an individual member of SLOA by reason of certain special services rendered such member, and (2) A deposit required of any individual member now renting, or before renting his or her property, against which SLOA may draw to cover the costs of services rendered to such member or fines accrued by the member or the member’s tenant.

(D) Emergency Assessments. Emergency assessments required by reason of common disaster or special necessity, or any circumstance that may threaten the health, safety or welfare of any part of the community.

Section 2. Purpose of Assessments. The purpose of assessments shall be:

a. To promote the recreation, health, safety and welfare of the members of SLOA.

b. For construction, improvement and maintenance of the common areas and facilities.

c. For acquisition of additional common areas or facilities.

d. For the purpose of providing public services to the properties of SLOA and its members.

Section 3. Collection of Assessments. Unless otherwise provided herein, assessments may be collected on a monthly, quarterly, semi-annual or annual basis at the direction of the Board of Directors of SLOA.

ARTICLE VII

Reserves

Section 1. Reserves for Depreciation and Obsolescence. Wherever it is herein provided that SLOA may levy and collect funds for any of the several enumerated purposes, such funds may include therein a reasonable amount, as determined by the Board of Directors, to be set aside as a reserve for depreciation and obsolescence and for repair and replacement, together with needed capital improvements, of any of the services, facilities, or utilities which SLOA may provide, furnish or cause to be furnished. To this end, separate accounts shall be established in which funds shall be accumulated for the aforementioned purposes. Such accumulations shall be invested by the treasurer at the direction of the Board of Directors. There shall be no co-mingling of reserves with other SLOA funds or investments.

Section 2. Initiation of Reserve. Commencement date for the payment of reserves, the amount and method and frequency of payment, shall be as determined by the Board of Directors of SLOA.

ARTICLE VIII

Financial Obligations of Membership, Collection, Enforcement and Liens

Section 1. Creation of the Lien and Personal Financial Obligations. Each owner of any lot by acceptance of a deed or the entry into a contract of purchase therefor, whether or not it shall be expressed in such deed or contract, is deemed to covenant and agree to pay to SLOA any and all financial obligations, including dues, fees and assessments, levied against the owner or the owner’s property. Such financial obligations shall be established and collected as in the Articles of Incorporation, Bylaws and this Declaration more particularly provided. From and after the fixing of any financial obligations, hereinbefore enumerated, such financial obligations shall automatically become a lien and charge upon the property and shall be a continuing lien upon the property until paid. Each such charge, together with interest, costs, and a reasonable attorney’s fee, shall also be the personal obligation of the person who was the owner in fee or contract purchaser of such property at the time of the imposition of the financial obligation. In the event property be transferred subject to delinquent financial obligations, both the prior owner and the successor in title shall be jointly and severally liable for the payment of any such liens. Upon request at the time of transfer, SLOA shall provide notice of any lien rights attached to the property. Failure to provide such notice, within thirty (30) days of request, shall result in termination of any previously existing lien rights.

Section 2. Enforcement of Lien and Collection of Financial Obligations. In the event any financial obligations shall remain unpaid for a period of sixty (60) days from its due date, the same shall bear interest at the highest legal rate from date of delinquency until paid, and may be collected in any manner deemed necessary, at the option of SLOA.

Section 3. Collection Action. Collection may include action affecting the owner s rights and privileges as a member of SLOA, termination of right to use of common areas and facilities, termination of public services, termination of voting rights; or legal action to collect such personal obligation and/or to foreclose such lien against the property. All remedies shall be cumulative.

Section 4. Interest, Costs and Fees. In any suit or action brought to obtain personal judgment or to foreclose the lien herein claimed, or for collection in any other manner whatsoever, in addition to the amount of the financial obligations, SLOA shall be entitled to interest at the highest legal rate on the delinquency, cost of suit, and a reasonable attorney’s fee.

ARTICLE IX

SunLand Development

The land incorporated within the following described territory situated in Clallam County, Washington, to-wit: The North one-half; the North one-half of the Southwest quarter, and the Northwest quarter of the Southeast quarter, all in Section 8, Township 30 North, Range 3 West, Willamette Meridian, Clallam County, Washington, containing approximately 440 acres. The present Water/Sewer District boundary is coincident with that of the SunLand Development boundary.

ARTICLE X

SunLand Development Boundary Expansion

Section 1. The incorporation or annexation of additional land in SunLand Development shall require the approval of not less than 2/3 of the owners voting in person or by proxy at any duly called meeting where a quorum is present. Any land voted for incorporation shall be platted and approved by Clallam County as a legal subdivision, P.U.D., condominium, or other approved form for the transfer and ownership of land.

Section 2. In the process of evaluating a proposer’s request to add additional land into SunLand Development, the SunLand Water/Sewer District, responsible for providing service to SunLand membership, also is charged with ascertaining that all expenses incident to upgrading capacity, etc., be properly the responsibility of the proposer.

ARTICLE XI

Common Use Areas, Services and Facilities

Section 1. Community Swimming Pool, Tennis Courts and Horseshoe Courts. These facilities are maintained and operated by SLOA for the benefit of the membership and their guests. Operation and maintenance of these facilities shall be paid out of the annual dues of SLOA members.

Section 2. Common Areas. Certain areas may be set aside as public areas where members of SLOA and their invitees may from time to time congregate or make use of such areas. SLOA has the authority to collect from members reasonable fees to be established from time to time for use of any common area or facility generally used by a limited number of SLOA members. Where the type of facility is such as to be of interest to and for use of the general membership, SLOA may for this purpose levy and collect dues annually for its operation and maintenance of such facility. The amount of such dues may be adjusted by SLOA as the need arises.

ARTICLE XII

Covenants and Restrictions to Run With Land

Section 1. All of the covenants, restrictions, reservations and servitudes set forth herein shall run with the property. The grantee by accepting a deed or contract to purchase the property accepts the same subject to these covenants, restrictions, reservations, and servitudes and further agrees for himself, his heirs, successors and assigns to be bound by each such covenants, restrictions, reservations, easements and servitudes, jointly and severally.

Section 2. Jointly and Individually Enforceable. Each and every one of the covenants, restrictions, reservations and servitudes contained herein shall be considered to be independent and separate agreements. In the event any one or more of such agreements shall for any reason be held to be invalid or unenforceable, all remaining shall nevertheless remain in full force and effect.

ARTICLE XIII

Rights, Remedies and Enforcement Under This Declaration

The Association or any owner shall have the right to enforce, by any means available, all covenants, restrictions, reservations, easements and servitudes of this Declaration, now and hereafter adopted. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

ARTICLE XIV

Attorney’s Fees

In any action brought by SLOA against any owner to enforce any term, condition or covenant herein contained, or for a declaration of rights with respect thereto, the prevailing party shall be entitled to recover in addition to costs, a reasonable sum fixed by the court as and for attorney’s fees.

ARTICLE XV

Duration of Declaration

Unless otherwise amended under Article XVII, this Declaration as set forth shall continue in full force and effect from the date of its filing until the _______ day of __________, ________, after which time it shall be automatically extended for successive periods of’ ten (10) years.

ARTICLE XVI

Impact on Divisions 7, 11, 15,16 and 17

The adoption of these Amended Covenants is not intended to supersede or nullify the respective existing Condominium and/or P.U.D. Declarations governing Divisions 7, 11, 15, 16 and 17 of the SunLand Development. These Condominium and/or P.U.D. Declarations shall continue in full force and effect as they relate to the rights, duties, relationships and responsibilities of the unit owners in each of these divisions between themselves and with respect to the common areas set aside in each of these divisions. These Covenants, however, shall control with respect to the rights, duties and obligations of those unit owners and their properties in relation to the remainder of the SunLand Development, the common areas under the ownership and control of the SunLand Owners Association, and their rights and obligations as members of SLOA and owners within the SunLand Development.

ARTICLE XVII

Amendment

This Declaration may be amended at any annual or special meeting so called for that purpose by the approving vote of not less than sixty-six and two thirds percent (66-2/3%) of the owners voting in person or by proxy at said meeting.

IN WITNESS WHEREOF, the undersigned officers of SLOA hereby attest to adoption of these Amended Covenants as set forth in Article I above and hereunto set their hands on this _______ day of _______________, _________.

__________________________________ _________________________________
President Secretary

Attachments: Exhibit A

STATE OF WASHINGTON )
) ss.
COUNTY OF CLALLAM )

On this day personally appeared before me CHARLES S. PUTNAM and PATTI A. UNDERWOOD, to me known to be the President and Secretary, respectively, of SUNLAND OWNERS ASSOCIATION, a Washington, Non-Profit Corporation, and to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.

Given under my hand and official seal this _______day of _______________, 2006.

__________________________________
Notary Public for the State of Washington
Residing at Sequim

EXHIBIT A

All of Albert Balch and Jess Taylor’s SunLand (presently referred to as Division 1) according to plat thereof recorded in Volume 5 of Plats, page 42 under Auditor’s File No. 340385, records of Clallam County, Washington.

SunLand Division No. 2 according to plat thereof recorded in Volume 5 of Plats, page 43 under Auditor’s File No. 342256, records of Clallam County, Washington.

SunLand Division No. 4 according to plat thereof recorded in Volume 5 of Plats, page 53, 54, 55, 56 under Auditor’s File No. 352328, except for lots 19-21, Block 9, and page 61 under Auditor’s File No. 353144, records of Clallam County, Washington.

SunLand Division 4, Lots 19-21, Block 9, re-platted as Parcel A and B recorded in Volume 10, Page 92 under Auditor’s File No. 591351, records of Clallam County, Washington.

SunLand Division No. 5 according to plat thereof recorded in Volume 5 of Plats, page 57 under Auditor’s File No. 352329, except lots 44-52, Block 12, records of Clallam County, Washington.

SunLand Division No 5, Lots 44-52, Block 12, Re-Platted as Lots 1-6, Division 5R, recorded in Volume 11, Page 14 under Auditor’s File No. 619838, records of Clallam County, Washington.

SunLand Division No. 6 according to plat thereof recorded in Volume 5 of Plats, page 65 under Auditor’s File No. 356593, records of Clallam County, Washington, and all subsequent Amendments and Additions thereto.

SunLand Division No 7 according to plat thereof recorded in Volume 1 of Condominium Plats at Pages 3a-3b under Auditor’s File No. 428081, records of Clallam County, Washington, and all subsequent Amendments and Additions thereto.

SunLand Division No. 8 according to plat thereof recorded in Volume 7 of Plats at Page 64 under Auditor’s File No. 429567, records of Clallam County, Washington.

SunLand Division No. 9 according to plat thereof recorded in Volume 9 of Plats at Page 83 under Auditor’s File No. 496772, records of Clallam County, Washington.

SunLand Division No. 10 according to plat thereof recorded in Volume 9 of Plats at Pages 84-85 under Auditor’s File No. 496773, records of Clallam County, Washington.

SunLand Division No. 11 according to plat thereof recorded in Volume 9 of Plats at Pages 86-88 under Auditor’s File No. 497419, records of Clallam County, Washington, and all subsequent Amendments and Additions thereto.

SunLand Division No. 12 according to plat thereof recorded in Volume 10 of Plats at Pages 27-29 under Auditor’s File No. 513605, records of Clallam County, Washington.

SunLand Division No. 14 according to plat thereof recorded in Volume 10 of Plats at Pages 58-60 under Auditor’s File No. 548497, records of Clallam County, Washington.

SunLand Division No. 15 according to plat thereof recorded in Volume 10 of Plats at Page 93 under Auditor’s File No. 594728, records of Clallam County, Washington.

SunLand Division No. 16 according to plat thereof recorded in Volume 11 of Plats at Pages 50-54 under Auditor’s File No. 652180, records of Clallam County, Washington.

SunLand Division No. 17, Present and Future Phases, as described in Tract 1 of survey recorded in Volume 11 of Surveys, Page 12 under Auditor’ File No. 570135, except that portion conveyed to SunLand Golf and Country Club under Clallam County Recording No. 646143. Also except those portions conveyed to Clallam County for Road purposes, recorded under Clallam County Recording No. 619228.

Short Plat of Parcel A to the SunLand Development, recorded in Volume 2 of Short Plats at Page 59 under Auditor’s File No. 459753, records of Clallam County, Washington.

Short Plat of Parcel B to the SunLand Development, Lots 1 and 2, recorded in Volume 23, of Short Plats at Page 58 under Auditor’s File No. 669545, records of Clallam County, Washington.

Cassalery Short Plat, Lot 2, according to plat thereof recorded in Volume 5 of Plats at Page 74 under Auditor’s File No 509266, records of Clallam County, Washington.

(Revised document posted Oct 20, 2006)

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Bylaws

BYLAWS

OF

SUNLAND OWNERS ASSOCIATION

ARTICLE I

Name and Location

Section 1. The name of the Association shall be SUNLAND OWNERS ASSOCIATION, hereafter referred to as “SLOA.”

Section 2. The principal office of SLOA shall be located in the vicinity of the City of Sequim, Clallam County, Washington, but subsidiary offices may be located within or without the State as the Board of Directors of SLOA may from time to time determine. Meetings of the members and of the directors may be held at such places within or without the State of Washington as may be designated by the Board of Directors from time to time.

ARTICLE II

Purposes

Section 1. SLOA shall be conducted as a non-profit corporation for the purposes set forth in the Articles of Incorporation and in the Declaration of Covenants, Conditions and Restrictions applicable to the properties as recorded in the Office of the Auditor of Clallam County, Washington.

Section 2. The purposes for which SLOA was created may be altered, modified, enlarged, or diminished by a vote of a majority of the membership at a meeting duly called for such purpose, notice of which meeting shall be given as herein provided.

ARTICLE III

Definitions

Section 1. “Association” shall refer to SunLand Owners Association, its successors and assigns (hereafter referred to as “SLOA”).

Section 2. “Properties” shall refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of SLOA.

Section 3. “Common area” shall refer to all real property owned by SLOA for the common use and enjoyment of the owners.

Section 4. “Lot” shall refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the common areas.

Section 5. “Owner” shall refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot which is a part of the properties, including vendees and contract purchasers whose voting rights and privileges shall be limited as set forth in the Articles of Incorporation, but excluding those having such interest merely as security for the performance of an obligation.

Section 6. “Declaration” shall refer to the Declaration of Covenants, Conditions and Restrictions applicable to the properties as recorded in the Office of the Auditor of Clallam County, Washington.

Section 7. “Member” shall refer to those persons entitled to membership as provided in the Declaration and Articles of Incorporation of SLOA.

ARTICLE IV

Membership

Section 1. Every person or entity who is a record owner of a fee or undivided fee interest or purchaser under conditional sales contract of one or more lots which is subject by covenants of record to assessment by SLOA, including contract vendors, shall be a member of SLOA, and as such subject to payment of SLOA dues. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be inseparably appurtenant to lots within the subdivision or division plat or plats of SunLand and upon transfer of ownership or the execution by any member of a contract for the sale of any such lot or lots, such membership shall ipso facto be deemed to be transferred to the grantee or contract purchaser.

Section 2. The privileges and facilities of SLOA shall be extended to the spouse and children of a member and may be extended to guests under such rules and regulations as the Board of Directors may prescribe.

Section 3. No membership may be conveyed or transferred except by sale of the lot to which such membership is appurtenant or the making of a contract for the sale therefor. In the event of the death of a member, membership shall pass in the same manner and to the same person as does the lot or lots.

Section 4. The vote of any membership owned by a single marital community may be cast by either spouse without presentation of authority from the other, but if both are present, only one may vote.

Section 5. No membership shall be forfeited nor any member expelled except for the non-payment of dues, and then only subject to the discretion of the directors and upon a majority vote thereof, and no member may withdraw except upon the transfer of title to or upon contracting for the sale of the lot to which his membership is appurtenant. No compensation shall be paid by SLOA upon the transfer of membership and no member whose membership is transferred shall be entitled to share or participate in any of the property or assets of SLOA.

ARTICLE V

Meetings of the Members of SLOA

Section 1. Annual Meeting. The annual meeting of SLOA shall be held in September of each calendar year, the time and place thereof to be fixed by the Board of Directors of SLOA.

Section 2. Special Meetings. Special meetings of the members shall be held whenever called by the President or Vice President or by a majority of the members of the Board of Directors and must be called by such officers upon receipt of a written request of the members entitled to cast ten percent (10%) of the votes of the entire membership.

Section 3. Notice of Meetings. A written or printed notice of every planned meeting of SLOA, stating whether it is an annual meeting or special meeting, the authority and purpose for the call of the meeting, the place, day, and hour, shall be given by the Secretary or the person or persons calling the meeting at least fourteen (14) days and no more than sixty (60) days from the date set for such meeting. Such notice shall be given to each member in any of the following ways:

a. By leaving the same with him personally; or

b. By first class mail, postage prepaid, addressed to each member, at his address as it appears in the records of SLOA; or

c. If notice is given pursuant to the provisions of this section, the failure of any member to receive actual notice of the meeting shall in no way invalidate the meeting or any proceedings thereat. Upon written request for notices mailed by registered mail, addressed to the Secretary of SLOA at the address of SLOA, the holder of any duly recorded mortgage against any lot may promptly obtain a copy of any and all notices permitted or required to be given to the members. Notice of any meeting may be waived in writing before or after any such meeting.

Section 4. At any meeting of SLOA, the presence at such meeting of members and proxies totaling ten percent (10%) of those entitled to vote shall consist of a quorum for the official conduct of business. If, however, such a quorum cannot be achieved, the members who are present shall have the power to adjourn the meeting from time to time until a quorum can be achieved. At any meeting at which a quorum is present, a majority vote of such members constituting a quorum, either in person or by representative, shall be valid and binding upon SLOA except where otherwise provided by law, these Bylaws, the Articles of Incorporation, or the Declaration.

Section 5. Voting. Any person, firm, corporation, trust, or other legal entity, or a combination thereof, owning any lot or lots in the said plat or plats, duly recorded in his, her, or its name, shall be entitled to one vote at any and all meetings of SLOA. Each owner and/or purchaser shall have one membership regardless of the number of lots owned or purchased and the interest of each member shall be equal to that of any other member. No member can acquire any interest that shall entitle him to any greater voice, vote or authority in the corporation than any other member. The purchaser under a contract of purchase shall be deemed to be an owner for membership purposes. Any provision to the contrary notwithstanding, co-owners or joint owners shall be deemed one owner for the purpose of voting. The authority given by one member to another person to represent such member at meetings of SLOA shall be in writing, signed by such member, or if a lot or lots are jointly owned, then by all joint owners, or if such member is a corporation, by the proper officers thereof, and shall be filed with the Secretary of SLOA and unless limited by its terms, such authority shall be deemed good until revoked in writing.

Section 6. Order of Business. The order of business at the annual meeting of the members, and as far as practical at all other membership meetings, shall be as follows:

Calling of the role and certifying proxies;
Proof’ of notice of meeting or waiver;
Reading and disposition of any unapproved minutes;
Reports of officers;
Reports of committees;
Election of directors, if necessary;
Unfinished business;
New business;
Adjournment.

Section 7. Adjournment. Any meeting of SLOA may be adjourned from time to time to such place and time asmay be determined by a majority vote of the members present, whether a quorum be present or not, without notice other than the announcement at the meeting.

ARTICLE VI

Board of Directors

Section 1. The Board of Directors shall exercise overall responsibility for the assurance of good order and communal tranquility in conformance with the Declaration and the Articles of Incorporation. In furtherance of these objectives, the Board shall formulate and publish Architectural Requirements and Guidelines in the form of its “Application for Construction Documents Review.” Further, the Board shall promulgate necessary and proper Rules and Regulations to govern the membership in the full and unencumbered enjoyment of their property and their life in SunLand. The Board shall have and exercise powers, rights and privileges to enforce such Architectural Requirements and Guidelines and Rules and Regulations and to make such changes from time to time as circumstances and governing state and local statutes may require.

Section 2. Number and Qualifications. The affairs of SLOA shall be governed by a Board of Directors composed of not less than nine (9) and not more than eleven (11) persons.

Section 3. Election and Term of Office. Directors shall be elected by a majority of the members. The assignment of each director to a job function shall be accomplished at an organizational meeting no later than five (5) days after the annual meeting. The normal term of office is three (3) years (four (4) years for President-Elect). Offices being vacated shall not exceed three (3) per each year requiring that all offices be staggered in term limits. The Board has the authority to change the term of office of any director to keep the stagger workable. The term of office of the President shall be limited to two (2) consecutive years maximum.

Section 4. Vacancies. Vacancies in the Board of Directors caused by any reason shall be filled by vote of the majority of the remaining directors, even though they may constitute less than a quorum; each person so elected shall serve for the unexpired term of his predecessor and until a successor is elected and seated at an annual meeting of SLOA. The Board will instruct the nominating committee to solicit candidates from the general membership. These candidates will be invited to come before the Board in a regular Board meeting to be interviewed by members of the board. A secret ballot will be cast by the board. The candidate receiving a majority affirmative vote will fill the vacancy

Section 5. Removal of Directors. Any director may be removed by concurrence of a majority vote of owners voting by proxy or in person at any meeting called for that purpose.

Section 6. Nomination of Directors. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a chairman, who shall be a member of the Board of Directors, and two or more members of SLOA. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine but not less in any event than the number of vacancies that are to be filled.

Section 7. Organizational Meeting. The first meeting of a newly elected Board of Directors shall be held within one week of election at such place as shall be fixed by the directors at the meeting at which such directors were elected, and no notice shall be necessary to the newly elected directors in order legally to constitute such meeting provided a majority of the whole Board shall be present.

Section 8. Regular Meetings. A Board of Directors meeting is held monthly unless otherwise directed by a majority of the Board. Notice of regular meetings of the Board of Directors shall be given to each director personally or by mail, addressed to his residence, or by telephone, at least three (3) days prior to the day named for such meeting.

Section 9. Special Meetings. Special meetings of the Board of Directors may be called by the President on three (3) days notice to each director, given personally or by mail, addressed to his residence, or by telephone, which notice shall state the time, place, and purpose of the meeting. Special meetings of the Board of Directors may be called by the President or Secretary in like manner and on like notice upon the written request of at least three (3) directors.

Section 10. Waiver of Notice. Prior to or at any meeting of the Board of Directors, any director may, in writing, waive notice of such meeting. This waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the board shall be a waiver of notice by him of the time and place of that meeting. If all the directors are present at any meeting of the board, no notice shall be required and any business may be transacted at such meeting.

Section 11. Board of Directors’ Quorum. At all meetings of the Board of Directors a majority of the directors shall constitute a quorum for the transaction of business. If at any meeting of the Board of Directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum can be achieved.

Section 12. Insurance of Officers. The Board of Directors shall require that all officers of SLOA handling or responsible for corporate funds shall furnish adequate liability insurance. The premiums on such insurance shall be paid by SLOA as a common expense.

Section 13. Powers of the Board of Directors. The Board of Directors shall have power to:

a. Adopt and publish Rules and Regulations governing the use of the common area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for any infraction thereof;

b. Suspend the voting rights and rights to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any dues or any financial obligation levied by SLOA. Such rights may also be suspended after notice and hearing for a period not to exceed sixty (60) days for infraction of published Rules and Regulations; other sanctions may be imposed as the Board sees fit;

c. Exercise for and on behalf of SLOA all powers, duties, and authority vested in or delegated to SLOA, and not specifically reserved to the membership, by the provisions of these Bylaws, the Articles of Incorporation of SLOA, the statutes of the State of Washington, or the Declaration;

d. Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent for three (3) consecutive regular meetings of the Board of Directors and such absence be unexcused;

e. Employ a manager, managing agent, independent contractor, or such other employees and agents as they deem necessary and to fix and prescribe their duties, compensation, and other terms and conditions of employment;

f. To do all things necessary for the administration of the affairs of SLOA and for the accomplishment of the best interests of SLOA, its facilities, utilities and properties.

Section 14. Duties of-the Board of Directors. It shall be the duty of the Board of Directors to:

Keep a complete record of all of its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth of members entitled to vote;

Supervise all officers, agents, and employees of SLOA assuring that their duties are properly performed;

Supervise the care, upkeep and surveillance of all SLOA common areas and facilities;

Determine and collect all financial obligations of SLOA members, including enforcement measures and penalties, in full consonance with applicable provisions of the SLOA covenants, and in furtherance thereof, to:

(1) Fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period;

(2) Fix the amount of annual dues to be paid by each member at least thirty (30) days in advance of the due date thereof;

(3) Provide means for the collection of such dues and/or assessment as so fixed;

(4) Give written notice of such dues and assessment to every member and owner subject thereto at least thirty (30) days in advance of the due date thereof;

(5) Place a lien against any property or take any other action of law for which dues and/or assessments are not paid within sixty (60) days after the due date.

e. Issue, upon demand by any person legitimately involved in the transfer of a member’s property, a certificate stating whether that member’s dues or assessments are either delinquent or paid in full. Such a certificate shall be conclusive evidence of the status of the account of said SLOA member. A reasonable charge may be made for the certificate;

f. Procure and maintain adequate liability and hazard insurance on property owned by SLOA, as well as umbrella policy to cover members of the Board of Directors;

g. Provide for the maintenance, repair and upkeep of the properties of SLOA and the common areas;

h. Assure that all procedures incident to enforcement of SLOA Covenants and Rules and Regulations and any penalties incurred as a consequence thereof meet the requirements of due process of law. The Board of Directors shall provide the procedures to enforce infraction, either by suspension of rights or legal actions.

ARTICLE VII

Officers

Section 1. Designation. The officers of SLOA shall be a President, Vice President (also President-Elect), Secretary, Treasurer, and either a Counselor or Advisor. The office of Secretary-Treasurer may be combined. The office of Vice President (President-Elect) is inseparably combined and designed to be held by the same person. All shall be elected by and from the Board of Directors and all of whom shall be members of SLOA. The directors may appoint an Assistant Treasurer and Assistant Secretary and such other subordinate officers as in their judgment may be necessary.

Section 2. Election of Officers. The officers of SLOA shall be elected annually by the Board of Directors at the organizational meeting of each new Board and shall hold office at the pleasure of the Board, and/or until their successors be elected and qualified by and from the Board.

Section 3. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board of Directors or at any special meeting of the Board of Directors called for that purpose. Removal of such officer, however, shall not affect a removal from his position as a member of the Board.

Section 4. Vacancies. A vacancy in any of the offices may be filled by appointment by the Board of Directors, choosing from among their number. Recognizing that the ideal may never be fully attainable, it should be incumbent on the Board of Directors to adhere to principles of succession in office; that every effort be made to maximize experience in office; and that the office of President must now be filled by a board member having at least a year as a general member and one year as Vice President. An appointee to such vacancy shall serve for the remainder of the unexpired term of the officer whom he replaces.

Section 5. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person, as well as the office of Vice President and President-Elect. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.

Section 6. President. The President shall be the chief executive officer of SLOA. He shall preside at all meetings of SLOA and of the Board of Directors. He shall have all of the general powers and duties which are usually vested in the office of President of an association, including but not limited to the power to appoint committees from among the owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of SLOA.

Section 7. Vice President.

a. This office is also the “President-Elect” and becomes President at the conclusion of the President’s term.

b. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President nor Vice President is able to act, the Board of Directors shall appoint some other member of the Board to do so on an interim basis. The Vice President shall also become especially familiar with the list of board motions for the last five years. This list is prepared in the office and indexed to coincide with the subject matter represented by the various committee heads. The office of Vice President (President-Elect) will be considered as a training ground for succession to the office of President.

c. The Vice President shall be provided with a compilation of all motions made by the Board for the most recent five years and index the list to standing committees or by any other criteria the Board feels would provide easier access. This list shall be available to each Board member but is the primary responsibility of the Vice President (President-Elect) to become thoroughly familiar with its contents to bring to the Board’s attention inconsistencies as well as similarities that may already have been resolved or spoken to by previous boards.

The nomination and selection of a Vice President must be done in such a manner as to assure the nominee understands and agrees to the succession process and duties.

e. Any candidate for Vice President (President-Elect) should have had at least one year on the board at some time in the past.

Section 8. Treasurer. The Treasurer shall be responsible for receiving and keeping faithfully and depositing in such bank or banks as may be designated by the Board of Directors, all funds, securities, and liquid assets of SLOA, in its name for its account, and shall disburse funds of SLOA under the direction of the Board of Directors on checks signed in the manner from time to time determined by the Board of Directors. The Treasurer shall be responsible for keeping full and accurate books of account and making such report of the finances and transactions of SLOA as may be required by the Board of Directors and shall prepare and present to the annual meeting of the members a full statement showing in detail the financial condition of SLOA.

Section 9. Secretary. The Secretary or Recording Secretary shall attend and keep the minutes of all meetings of the Board of Directors or of SLOA, shall give all notices as provided by the Bylaws, and shall have such other powers and duties as may be incidental to the office of Secretary stated by these Bylaws or assigned to the Secretary from time to time by the directors. If the Secretary shall not be present at any meeting, the presiding officer shall appoint a Secretary Pro Tem who shall keep the minutes of such meeting and record them in the books provided for that purpose.

ARTICLE VIII

Committees

Section 1. Nominating Committee. As elsewhere provided in these Bylaws, the Board of Directors shall, in accordance with the provisions therefor, appoint a Nominating Committee to perform those duties and functions as herein set forth.

Section 2. Architectural Committee. The Board of Directors of SLOA shall annually, at their Organizational Meeting, appoint an Architectural Committee which shall consist of as many persons, but in no event less than three (3), as the Board shall deem appropriate. The Architectural Committee shall function and shall exercise the powers, rights, duties and obligations as are more particularly set forth in the Declaration of Covenants, Conditions and Restrictions of record.

Section 3. Other Committees. The Board of Directors may from time to time appoint such other committees as are deemed appropriate to carry out its purposes and shall, as required by the Declaration, appoint such committees as are necessary for the performance of the requirements of such Declaration.

ARTICLE IX

Books and Records

Section 1. The books and records and papers of SLOA shall at all times, during reasonable business hours, be subject to inspection and copying by any member of SLOA. Copies of all pertinent documents of SLOA, including but not limited to the Declaration, the Articles of Incorporation, and the Bylaws, shall be available for inspection by any member at the offices of the corporation and copies thereof made available at reproduction cost.

ARTICLE X

Liabilities

Section 1. Indemnification. Any person who is made or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that he or she is or was a director, officer, or member of this corporation, or is or was serving at the request of this corporation, shall be indemnified by SLOA against all judgments, penalties, fines, settlements, and reasonable expenses, including attorney’s fees, actually and reasonably incurred by him/her in connection with such action, suit, investigation, or other proceeding. This indemnification shall apply whether or not such person continues to be a director, officer or member at the time of the incurring or imposition of such costs, expenses or liabilities. Provided, that such indemnity shall not indemnify any director, officer or other person from or on account of acts or omissions of such person finally adjudged to be intentional misconduct or a knowing violation of law, or from or on account of conduct finally adjudged to be in violation of RCW 23A.08.450 or from or on account of any transaction with respect to which it was finally adjudged that such person personally received a benefit in money, property or services to which he was not legally entitled. Provided, further, that no indemnification shall be made pursuant to this provision in respect to any proceeding in which such person shall have been adjudged to be liable to the corporation. Reasonable expenses for which indemnification is provided herein may be paid or reimbursed by the corporation in advance of the final disposition of any such proceeding. Such indemnity shall inure to the benefit of the heirs, executors and administrators of any such person. This provision shall be in addition to the rights of indemnification provided by law. The corporation shall purchase and maintain insurance on behalf of any person who is or was a director, officer, member, or other agent or employee of the corporation or is serving or was serving at the request of the corporation, against any liability asserted against him or her and incurred by him or her in such capacity or arising out of such status, whether or not the corporation would have power to indemnify against such liability. Any indemnification in accordance with this provision, including any payment or reimbursement of expenses, shall be reported to the members with the notice of the next members’ meeting or prior thereto in a written report containing a brief description of the proceedings involving the person being indemnified and the nature and extent of such indemnification.

ARTICLE XI

Accounting

Section 1. Budget. Compatible with the terms and conditions of the Declaration and of the levy of dues and assessments required to be made pursuant thereto, the Board of Directors shall adopt a budget for each fiscal year of SLOA which shall include the estimated funds required to defray common expenses, dues, assessments, and provide funds for the various and sundry accounts. Within thirty days after adoption by the Board of Directors of the budget, the board shall set a date for a meeting of the owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing of a summary of the budget to the owners. At the meeting, the budget is adopted unless a majority of all members vote to reject the budget, regardless of whether a quorum is present. If a proposed budget fails by vote or lack of notice to the owners, the previously adopted budget continues until another budget is proposed and adopted.

Section 2. Accounts. The funds and expenditures of SLOA as collected from annual or special assessments and charges shall be credited and charged against various and sundry accounts as shall be appropriate and as shall from time to time be established by the Board of Directors upon the recommendation of the auditor. Accounts may be established for current expenses, for the accumulation of reserves for deferred maintenance, replacement, depreciation and obsolescence and for additional improvements, additions and betterments as more particularly set forth in the Declaration.

Section 3. Depository. The depository of SLOA shall be such bank or banks as shall be designated from time to time by the Board of Directors and in which the monies of SLOA shall be deposited. Withdrawal of monies from such accounts shall be only by checks signed by such persons as are authorized by the Board of Directors The Board of Directors shall from time to time, in their discretion, advise and direct the Treasurer, or other person charged with the responsibility of investment of accumulated funds, as to the investment of such funds. At no point shall any funds of the SLOA be commingled with the funds of any other association, nor with the funds of any manager of SLOA or any other person responsible for the custody of such funds.

Section 4. Records. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the association. The financial statements shall be audited at least annually by an independent certified public accountant, but at a meeting of the owners where a quorum is present, a sixty-seven percent (67%) vote to waive the audit will waive the audit, and also approve a financial review by a certified public accountant.

ARTICLE XII

Dues and Assessments

Section 1. There shall be annually levied and collected dues and assessments as fixed by the Board of Directors pursuant to the provisions of Article XI hereof as follows:

a. Assessments shall be deemed to be charges levied by SLOA on an annual basis, although collected by the month, quarter, or semi-annually, against each and every lot, tract, or parcel within the platted subdivision or division, irrespective of multiple property ownership, to be used to defray costs of installation or acquisition of capital improvements generally classified as utilities such as water systems, sewage collection and disposal systems, garbage collection and disposal, roads and streets, common area and street lighting and the operation and maintenance including reserves for depreciation, replacement and obsolescence of such improvements when so installed or acquired. Each lot, tract or parcel devoted to common use shall bear its equitable share of the installation or acquisition costs, together with operation and maintenance of such utility, the same to be levied and collected as part of the annual assessment.

b. Dues shall be those charges collected from SLOA members to be used to defray the administrative cost and expense of SLOA, and the operation and maintenance of its properties, services, common areas, and those amenities which are open to use on a family or individual basis to the general SLOA membership as an adjunct of such membership, such as community club, swimming pools, tennis courts, parks and playgrounds, beach area, and other like common facilities.

Section 2. As more fully provided in the Declaration, each lot owner is obligated to pay to SLOA annual and special assessments, which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be deemed delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest at the highest legal rate from date of delinquency until paid, and SLOA may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and a reasonable attorney’s fee of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for assessments provided for herein by non-use of the utility services available or by abandonment of his lot, or by any other means whatsoever. Assessments may be collected on an annual, semi-annual, quarterly, or monthly basis as the Board of Directors shall from time to time fix and determine.

ARTICLE XIII

Miscellaneous Provisions

Section 1. Rules of Conduct. Rules, regulations and restrictions concerning the use of the lots and of the common areas and facilities shall be promulgated and amended by the Board of Directors from time to time. Copies of such rules, regulations and restrictions shall be furnished by the Board to each lot owner prior to their effective date. Such rules, regulations and restrictions shall be in addition to the restrictions set forth in the Declaration.

a. Policy of SLOA with Respect to Non-Conforming Uses. The following shall be considered a “non-conforming use” on any residential lot in SunLand:

Any trade, craft, business, professional, commercial or manufacturing enterprise or business or commercial activity of any kind conducted or carried on upon any residential lot or within any building located on a residential lot, or the keeping, storage, dismantling, or outside repair of any goods, equipment, vehicles (including buses and trailers of any description) or materials or supplies used in connection with any trade, service or business, wherever the same may be conducted.

Any “non-conforming use” under the above definitions on any residential lot in SunLand is prohibited unless otherwise approved in writing in advance by the Board of Directors of SLOA. In evaluating whether or not to grant such approval, the Board may consider, among other factors, the following criteria:

(1) Whether the home enterprise is carried on entirely within the residential structure;

(2) Whether the operator of the home enterprise lives in the residential structure as his or her primary residence;

(3) Whether the home enterprise is operated in a manner which gives any outward appearances or manifests characteristics of a business;

(4) Whether there are displays or storage of salvage materials, finished or partially finished merchandise outside of the residential structure. Additionally, if the home enterprise involves work with vehicles or machinery, whether there is storage or work performed on such vehicles or machinery outside the residential structure;

(5) Whether the home enterprise involves equipment operations or processes which introduces noise, smoke, dust, fumes, vibrations, odors, glare or other nuisance characteristics or hazards beyond those associated with a normal residence which can be detected off premises or in some way adversely affect neighboring property;

(6) Whether the home enterprise increases local vehicular traffic, moving or parked, beyond that which is normal to residential use;

(7) Whether the home enterprise displays a sign for identification or other purposes.

Section 2. Governing Reference. Where in these Bylaws anything in conflict with the Articles of Incorporation, Declaration or governing laws of the State of Washington made and provided in like causes be in conflict therewith, then the Articles of Incorporation, the Declaration, or state laws shall prevail. Likewise, in the event matters and things may from time to time arise which are not treated or provided for herein, reference for assistance in their determination may be made to the Declaration, to the Articles of Incorporation, or to the governing laws, as the case may be.

Section 3. Notices. Except as herein expressly provided with respect to notices of meetings of the members and of the Board of Directors, all notices to the Board of Directors or SLOA shall be sent by registered or certified mail in care of the Managing Agent, and if there is no Managing Agent, to the office of the Board of Directors or to such other address as the Board may hereafter designate from time to time. All notices to any lot owner shall be sent by registered or certified mail to such address as may have been designated by such lot owner from time to time in writing to the Board of Directors. All notices required to be given to owners of any lot or any contract vendor of any such lot shall be sent by registered or certified mail, to their respective addresses as designated by them from time to time in writing. All notices shall be deemed to have been given when mailed, except notices of change of address, which shall be deemed to have been given when received.

Section 4. Invalidity. The invalidity of any part of these Bylaws shall not impair or affect in any manner the validity, enforceability or affect of the balance thereof.

Section 5. The Use of Section, Number, Gender. The use of the masculine

gender in these Bylaws shall include the feminine gender and the use of the singular shall include the plural whenever the context so requires.

Section 6. Waiver. No restriction, condition, obligation or prevision contained in these Bylaws shall be abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur.

Section 7. Conflicts. In case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.

Section 8. Corporate Seal. SLOA may adopt a corporate seal, circular in form, as prescribed by the statutes of the State of Washington for corporations organized pursuant to the provisions of RCW 24.03, which seal shall bear thereon the words “SunLand Owners Association, Corporate Seal, Washington, .1970.”

Section 9. Amendment of Bylaws. These Bylaws may be amended, modified, or revoked in any respect from time to time by a majority vote of the Board of Directors in the regular or special meeting called for that purpose; provided that any such amendment shall be submitted to the general membership for their consideration and comment at the next following annual meeting of SLOA or at a special meeting called for that purpose.

ARTICLE XIV

PARLIAMENTARY AUTHORITY

The rules contained in the latest edition of Robert’s Rules of Order Newly Revised shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with these Bylaws and any special rules of order the homeowners may adopt.

ADOPTION OF BYLAWS

The foregoing Bylaws were adopted by a majority vote of the Board of Directors of SLOA on this 16^th day of August , 2011 .

SUNLAND OWNERS ASSOCIATION

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(Downloand pdf version here: BYLAWS – SunLand Owners Association)

AMENDEDDECLARATION OF COVENANTS, CONDITIONSAND RESTRICTIONS OF RECORD OFSUNLAND DEVELOPMENT

AMENDED
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF RECORD OF
SUNLAND DEVELOPMENT