Return Address: Law Office of Kevin L. Britt, P.S. 4500 9th Avenue NE, Suite 300 Seattle, WA 98105 **Please print or type information WASHINGTON STATE RECORDER’S Cover Sheet** (RCW 65.04) **Document I itle(s)** (or transactions contained therein): (all areas applicable to your document must be filled in) Amended Declaration of Covenants, Conditions and Restrictions for Wood Trails Homeowner’s Association **Reference Number(s) of Documents assigned or released:** 7606030296, 7803130261,7803130263, 7606030295, 7803130259\. 7608240112, 7803130262,7803130264, 7608240113, 7803130260, 7805010199, and 7805010200\. **Grantor(s)** (Last name, first name, initials) Wood Trails Homeowner’s Association **Grantee(s)** (Last name first, then first name and initials) Plat of Wood Trails **Legal description** (abbreviated: i.e. lot, block, plat or section, township, range): Lots 1 through 23, Plat of Wood Trails No. 1, Recorded in Volume 35 of Plats, Page 78, Records of Snohomish County, Washington; and Lots 1 through 32, Plat of Wood Trails No. 2, Recorded in Volume 36 of Plats, Page 12, Records of Snohomish County, Washington; and Lots 1 through 38, Plat of Wood Trails No. 3, Recorded in Volume 38 of Plats, Page(s) 54- 56, Records of Snohomish County, Washington. **Assessor’s Property Tax Parcel/Account Number** Assessor Tax \# not yet assigned 006490-000-001-00 through 006490-000-023-00; and 006471-000-001-00 through 006471-000-032-00; and 006700-000-001-00 through 006700-000-03 8-00. The Auditor/Recorder will rely on the information provided on the fonn. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. **Document Title:** Amended Declaration of Covenants, Conditions and Restrictions for Wood Trails Homeowner’s Association **Grantor:** Wood Trails Homeowner’s Association **Grantee:** Plat of Wood Trails **Legal Description:** **Abbreviated Legal Description:** Wood Trails, Divisions 1-3. **Full Legal Description:** See Exhibit A attached. **Assessor's Tax Parcel Nos.:** 006490-000-001-00 through 006490-000-023-00; 006471 \-000-001 \-00 through 006471 \-000-032-00; and 006700-000-001 \-00 through 006700-000- 038-00. **Reference Nos.:** 7606030296, 7803130261, 7803130263, 7606030295, 7803130259, 7608240112, 7803130262, 7803130264, 7608240113, 7803130260, 7805010199, and 7805010200\. **RECITALS** Whereas, this Amended Declaration of Covenants, Conditions and Restrictions for Wood Trails Homeowner’s Association (“Amended Declaration”) is entered into this 14th day of April 2011; and Whereas, the Declaration of Covenants, Conditions and Restrictions for Wood Trails Division 1 (hereinafter, the “Declaration \#1”), was recorded on June 3, 1976, in Snohomish County, Washington under Auditor’s File Number 7606030296; and the Declaration \#1 was amended by the instruments titled Amendment to Declaration of Covenants, Conditions and Restrictions, recorded on March 13, 1978, in Snohomish County, Washington under Auditor’s File Number 7803130261; and Supplement to Declaration of Covenants, Conditions and Restrictions, recorded on March 13,1978, in Snohomish County, Washington under Auditor’s File Number 7803130263; and Whereas, the document titled Protective Covenants Running With Land for Wood Trails Division 1 (hereinafter, the “Protective Covenants \#1”), was recorded on June 3, 1976, in Snohomish County, Washington under Auditor’s File Number 7606030295; and the Protective Covenants \#1 was amended by the instrument titled Amendment to Protective Covenants Running With Land, recorded on March 13, 1978, in Snohomish County, Washington under Auditor’s File Number 7803130259; and Whereas, the Declaration of Covenants, Conditions and Restrictions for Wood Trails Division 2 (hereinafter, the “Declaration \#2”), was recorded on August 24,1976, in Snohomish County, Washington under Auditor’s File Number 7608240112; and the Declaration \#2 was amended by the instruments titled Amendment to Declaration of Covenants, Conditions and Restrictions, recorded on March 13, 1978, in Snohomish County, Washington under Auditor’s File Number 7803130262; and Supplement to Declaration of Covenants,Conditions and Restrictions, recorded on March 13,1978, in Snohomish County, Washington under Auditor’s File Number 7803130264; and Whereas, the document titled Protective Covenants Running With Land for Wood Trails Division 2 (hereinafter, the “Protective Covenants \#2”), was recorded on June 3, 1976, in Snohomish County, Washington under Auditor’s File Number 7608240113; and the Protective Covenants \#2 was amended by the instrument titled Amendment to Protective Covenants Running With Land, recorded on March 13, 1978, in Snohomish County, Washington under Auditor’s File Number 7803130260; and Whereas, the Declaration of Covenants, Conditions and Restrictions for Wood Trails Division 3 (hereinafter, the “Declaration \#3”), was recorded on May 1, 1978, in Snohomish County, Washington under Auditor’s File Number 7805010199; and Whereas, the document titled Protective Covenants Running With Land for Wood Trails Division 3 (hereinafter, the “Protective Covenants \#3”), was recorded on May 1, 1978, in Snohomish County, Washington under Auditor’s File Number 7805010200; and Whereas, all Lot Owners of lots in Wood Trails Division 1, Wood Trails Division 2, and Wood Trails Division 3 are Members of the Wood Trails Homeowner’s Association; and Whereas, this Amended Declaration has been adopted by not less than two-thirds (2/3) of the Owners of the sub-group of Members of the Wood Trails Homeowner’s Association that are Lot Owners in Wood Trails Division 1, pursuant to the Amendment to Declaration of Covenants, Conditions and Restrictionsrecorded under Auditor’s File Number 7803130261; and Whereas, this Amended Declaration has been adopted by not less than two-thirds(2/3) of the Owners of the sub-group of Members of the Wood Trails Homeowner’s Association that are Lot Owners in Wood Trails Division 2, pursuant to the Amendment to Declaration of Covenants, Conditions and Restrictions recorded under Auditor’s File Number 7803130262; and Whereas, this Amended Declaration has been adopted by not lessthan two-thirds(2/3) of the Owners of the sub-group of Members of the Wood Trails Homeowner’s Association that are Lot Owners in Wood Trails Division 3, pursuant to the Declaration of Covenants, Conditions and Restrictionsrecorded under Auditor’s File Number 7805010199; and Whereas, the members of the Association desire to have a single declaration of covenants applying to all three divisions of Wood Trails and want to adopt the following provisions in their entirety to replace the existing declarations of covenants and related documents governing the three divisions of Wood Trails; NOW, THEREFORE, it is hereby agreed as follows: On the date of recording of this Amended Declaration, the following provisions entirely replace the existing Declarations of Covenants, Conditions and Restrictions governing the three divisions of Wood Trails (i.e., Declaration \#1, Declaration \#2, and Declaration \#3), all Amendments to those Declarations, all of the Supplements to those Declarations, all Protective Covenants Running With Land applicable to the three divisions of Wood Trails (i.e., Protective Covenants \#1, Protective Covenants \#2, and Protective Covenants \#3), and all Amendments to those Protective Covenants, such documents recorded in Snohomish County, Washington, under Auditor’s File Numbers 7606030296, 7803130261, 7803130263, 7606030295, 7803130259,^ 7608240112, 7803130262, 7803130264, 7608240113, 7803130260, 7805010199, and 7805010200\. Wood Trails Homeowner's Association CC\&R Page 1 **DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE** **WOOD TRAILS HOMEOWNER’S ASSOCIATION** **SNOHOMISH COUNTY, WASHINGTON** THIS DECLARATION is made this 14th day of April, 2011, by the undersigned, hereinafter collectively referred to as "Association." **DESCRIPTION OF THE LAND** A. The Members of the Association own certain real property and improvements commonly known as the Plat of Wood Trails, located in Snohomish County, Washington, and legally described in attached Exhibit A (the "Project"). All Common Areas of the Project are shown on the Plat Mapsrecorded under Snohomish County Auditor’s File Numbers 7604050153, 7607060100, and 7805010198\. B. For the benefit and protection of the Project, to enhance its value and attractiveness, and as an inducement to lenders and investors to make and purchase loanssecured by Lots within the Project, the Association agrees to provide herein for a method of use and architectural control within the Project. NOW, THEREFORE, the Association hereby declaresthat the Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following uniform Covenants, conditions, restrictions, reservations, grants of easement, rights, rights-of-way, liens, charges and equitable servitudes. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project shall, and hereby is deemed to, incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable by any Lot Owner and the Association. **ARTICLE 1: INTERPRETATION** 1.1 **Liberal Construction.** The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. **1.2 Covenant Running with Land.** It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, as applicable, binding on all Ownersand all subsequent Owners of the Project or any Lots, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. **1.3 Captions.** Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. Wood Trails Homeowner's Association CC\&R Page 2 **1.4 Definitions.** **1.4.1 *"ACC"*** shall mean the Architectural Control Committee provided for in Article 6\. **1.4.2 *"Association "*** shall mean the Owners’ Association provided for in Article 4 and its successors and assigns. **1.4.3 *"Board"*** shall mean the Board of Directors of the Association provided for in Article 5\. **1.4.4 *"Bylaws"*** shall mean the duly adopted bylaws of this Association. **1.4.5 *"Common Area"*** shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners and shall include (unless/until dedicated to a governmental entity): all Common Areas described on the Plat Maps, including but not limited to Tract 999 (the park); Project entry sign(s) and landscaping. **1.4.6 *"Declaration "*** shall mean this Declaration and any amendments thereto. **1.4.7 *"Home"*** shall mean and referto any structure or portion of a structure, located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family or which is intended for use in connection with such residence. **1-4-8 *"Lot"*** shall mean and referto any plot ofland shown upon any recorded Plat Map of the Project excluding Common Areas, provided the "Lot" shall not include any land now or hereafter owned by the Association or by all of the Lot Owners as tenants in common, nor include any land shown on a Plat Map but dedicated to the public or to a governmental entity. **1.4.9 *"Mortgage "*** shall mean a recorded mortgage or deed oftrust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. **1.4.10 *"Owner"*** shall mean and refer to the record Owner, whetherone or more persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an Owner. **1.4.11 *"Person "*** shall include natural persons, partnerships, limited liability companies, corporations, associations and personal representatives. **1.4.12 *"Project"*** shall mean the real estate described in Exhibit A and all improvements and structures thereon, including such additionsthereto as may hereafter be brought within thejurisdiction of the Association. **1.4.13 *"Plat Map"*** shall mean the Plat Maps approved by the appropriate governmental entity and recorded with the Snohomish County Auditor, which Plat Maps depict the layout of the Lots on the Project. wood Trails Homeowner’s Association CC\&R Page 3 1**.5 Percentage of Owners.** For purposes ofdetermining the percentage of Owners approving a proposed decision or course of action, an Ownershall be deemed a separate Owner for each Lot owned by such Owner. **ARTICLE 2: OWNERSHIP OF COMMON AREAS** **2.1 Ownership of Common Areas.** The Common Areas shall exclude those portions of common area(s) (and improvementsthereto) which have been, or may hereafter be, dedicated to and owned by the public or a governmental entity. The Association (and the Owners who are members thereof has the responsibility and obligation to maintain, repair and administer the Common Areas in a clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulations and the provisions of this Declaration. **ARTICLES: OWNER’S PROPERTY RIGHTS** **3.1 Owner’s Rights of Enjoyment.** Every Owner shall have a non-exclusive right and easement, in common with all Owners, of enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: **3.1.1** The right of the Association to limit access to those portions of the Common Areas which in the opinion of the Board may be dangerous. **3.1.2** The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon any Common Area. **3.1.3** The right of the Association to suspend the voting rights and right to use of the Common Areas by an Owner for any period during which any assessment againstsuch Owner's Lotremains unpaid, and for a period not to exceed sixty (60) days for any infraction of its published Rules and Regulations. **3.1.4** The right of the Association to dedicate or transfer all or any part of the Common Areas, including easements across said properties, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfershall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of the Owners has been recorded and the provisions of Article 12 hereof have been observed; provided, only a majority of Owners will be necessary to approve dedicating a storm water retention pond or similar facility, if any, to a governmental entity which shall maintain such ponds or facilities. **3.1.5** The right of the Association to limit the number of guests of members. **3.1.6** The right of the Association, in accordance with this Declaration and its Articles of Incorporation and Bylaws, to borrow money for the purpose ofimproving the Common Areas and facilities and, in aid thereof, to mortgage said property, but the rights of such Mortgagee in said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions of Section 11.5. Wood Trails Homeowner's Association CC\&R Page 4 **3.1.7** The right of the Association to take such steps as are reasonably necessary to protect any property mortgaged in accordance with Section 3.1.6 against foreclosure. **3.2 Delegation of Use.** Any Owner may delegate (in accordance with the Bylaws), his/her right of enjoyment to the Common Areas and facilities to the members of his/her family, or his/her tenants or contract purchasers who reside on the Owner's Lot and (subject to regulation by the Association) to his/her temporary guests. **ARTICLE 4: OWNERS' ASSOCIATION** **4.1 Establishment** There has been created an association called Wood Trails Homeowner’s Association (referred to hereinafter as the "Association"). **4.2 Form of Association.** The Association is a nonprofit corporation formed and operated pursuant to Title 24 and Chapter 64.38, Revised Code of Washington. In the event of any conflict between this Declaration and the Articles of Incorporation or Bylaws for such nonprofit corporation, the provisions of this Declaration shall prevail. **4.3 Membership.** **4.3.1 Qualification.** Each Owner of a Lot in the Project shall be a member of the Association and shall be entitled to one membership for each Lot so owned. Ownership of a Lot shall be the sole qualification for membership in the Association. **4.3.2 Transfer of Membership.** The Association membership ofeach Ownershall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, conveyed, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to such Lot. Any attempt to make a prohibited transferofmembership shall be void. Any transfer of title to a Lotshall operate automatically to transferthe membership in the Association appurtenant thereto to the new Owner thereof. **4.4 Voting.** The total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of any one Lot shall be one (1) vote. **4.5 Bylaws of Association.** Bylaws for the administration of the Association and the Project and to further the intent of this Declaration have been adopted and may be amended by the Owners at a regular or special meeting. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. **ARTICLE 5: MANAGEMENT OF THE ASSOCIATION** **5.1 Administration of the Development.** The Owners covenant and agree **the** administration of the Project shall be in accordance with the provisions of this Declaration and the Bylaws of the Association. Wood Trails Homeowner's Association CC\&R Page 5 **5.2 Management by Elected Board of Directors.** Power and authority shall vest in the Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or any portion of its management duties to a managing agent or officer of the Association as provided for in the Bylaws. The Board shall elect from among its members a President who shall preside over meetings of the Board and the meetings of the Association. **5.3 Authority and Duties of the Board.** On behalf of and acting for the Association, the Board, for the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration and any applicable law, including but not limited to the following: **5.3.1 Assessments.** Establish and collect regular assessments (and to the extent necessary and permitted hereunder, special assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the maintenance, repair, improvement and replacement of those portions of the Common Areas or facilities which must be maintained, repaired or replaced on a periodic basis, which reserve shall be funded by the above assessments. The Association may impose and collect charges for late payments of assessments. **5.3.2 Service.** Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board, including legal and accounting services and property management services, as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Common Area(s), whether such personnel are employed directly by the Board or are furnished by the manager or management firm or agent. **5.3.3 Utilities.** Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility service, including utility easements and street lighting, as required for the Common Area(s). **5.3.4 Insurance.** Obtain and pay for policies of insurance or bonds providing Common Areas casualty and liability coverage, and for fidelity of Association officers and other employees, the requirements of which are more fully set forth in Article 14\. **5.3.5 Maintenance Repair and Improvement of Common Areas.** Regulate the use, maintenance, repair, replacement, and modifications of common areas. Cause additional improvements to be made as part of the common area. Pay for the costs of painting, maintenance, repair and all landscaping and gardening work for all Common Areas and improvements located thereon, so asto keep the Project in a good, clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulations and the provisions of this Declaration. The foregoing shall include: the cost of maintaining storm water retention ponds orsimilar facilities, if any; the cost of maintaining, monitoring and protecting Native Grown Protection Areas and such replacing and repairing offurn ishings and equipment, if any, for the Common Areas as the Board shall determine are necessary and proper. The maintenance and replacement ofmailboxes will be the responsibility of the Owners and comply with Article 6\. **5.3.6 Maintenance of Rights of Way, Etc.** To the extent deemed advisable by the Board, pay for the costs of maintain ing and landscaping rights ofway, traffic islands and medians, or other similar areas which are within or adjacent to the Project boundaries, and which are owned by or dedicated to a governmental entity, if said governmental entity fails to do so; provided, the Lot Owner at the Owner’s expense (rather than the Association) shall maintain and landscape such areas as are adjacent to such Owner's Lot. Wood Trails Homeowner's Association CC\&R Page 6 **5.3.7 Fences, Landscaping, Etc.** To the extent deemed advisable by the Board, pay for the cost ofconstructing, maintaining, repairing and replacing: perimeter and interior fences, if any; and landscaping and improvements on easements, if any, which are located on or across Lots; provided, the Board, at its option, may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. At\! such perimeter and interior fences shall be constructed, maintained, repaired and replaced in accordance with the Common Fence Design Standards. **5.3.8 Enforce Declaration.** Enforce the applicable provisions of the Declaration for the management and control of the Project. **5.3.9 Contracting and Payment for Materials, Services, Etc. Contract and pay for** any materials, supplies, labor or services which the Board should determine are necessary or proper for the enforcement of this Declaration, including legal, accounting, management or otherservices; provided that if for any reason any materials, supplies, labor orservices are provided for particular Lots ortheir Owners, the cost thereofshall be specially charged to the Owners of such Lots. **5.3.10 Attornev-in-Fact.** May institute, defend, or intervene in litigation or administrative proceedings in its own name on behalfofitselfor two or more owners on matters affecting the homeowners’ association, but not on behalf of owners involved in disputes that are not the responsibility of the association. Each Owner, by the mere act of becoming an Owner, shall irrevocably appoint the Association as his/her attorney-in-fact, with full power ofsubstitution, to take such action as is reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Project, to deal with the Project upon damage or destruction, and to secure insurance proceeds. **5.3.11 Borrowing of Funds.** In the discharge of its duties and **the** exercise of its powers as set forth herein, but subject to the limitations set forth herein, the Board may, with the assent of two thirds (2/3) of all Owners, borrow funds on behalf of the Association. **5.3.12 Adoption of Rules and Regulations; Fines.** When and to the extent deemed advisable by the Board, to adopt reasonable Rules and Regulations governing the maintenance and use of the Project and other matters ofmutual concern to the Lot Owners, which Rules and Regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non discriminatory basis. The Board may impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the Board or by a representative designated by the Board in accordance with procedures as provided in the Bylaws or Rules and Regulations adopted by the Board, levy reasonable fines in accordance with a previously established schedule adopted by the Board and furnished to the Owners for violation of the Bylaws or Rules and Regulations of the Association. See section 5.4 regarding Owner’s appeals process. **5.3.13 Dynamic Policies.** To protect the value and desirability of the real property within the Project, policies governing the following items will be periodically reviewed and updated by the Board to accommodate technological changes, environmental restrictions, product availability, design trends, etc.: a) Roofing (see section 6.4) b) Fencing (see section 6.7) c) Siding (see section 6.8) d) Signs (see section 6.9) Wood Trails Homeowner’s Association CC\&R Page 7 All policies will be drafted with the purpose of providing for the maintenance, preservation, and architectural control of the Lots and Common area, and to promote the health, safety, and welfare of the residents within the Project. **5.3.14 Additional Powers of Association. In** addition to the duties and powers of the Association as specified in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things that it may deem reasonably necessary to carry out its duties and the purposes of this Declaration. **5.4 Appeals Process.** Some decisions of the Board (with recommendationsfrom committees) are made with subjective criteria. In the spirit offairness to the Owners and the Association, the following appeals process should be followed if the requesting Owner does not agree with the decision of the Board. Appeals will not be granted if the decisions of the Board are based upon defined policies or the restrictions in Articles 6.3 through 6.9 and 7.3 through 7.14. All other appeals will adhere to the following process. **5.4.1** Appeals. Any Owner whose request has been denied by a committee may appeal the recommendations of a committee to the Board by written notice (article 5.5) within sixty (60) days after the Board’s written decision. The right to appeal issubject to the limitations described in Article 5.4.2. The Board will review the respective committee’s recommendations and the Owner’s appeal at the Board's next regularly scheduled meeting, but in any event not later than thirty (30) days after receipt of the appeal notice. The Board shall give written notice to the appealing Owner of the time and place of such meeting at least five (5) days in advance. The Board will notify the Owner, in writing, of its decision within two (2) days of the meeting. The Board members from the committee who rendered the original recommendation will not be permitted to vote in the appeal to the Board. **5.4.2 Appealing** Board Decisions. if an Owner wishes to appeal a Board decision, an Independent Appeals Committee (1AC) will be randomly chosen from the association members. This committee will consist of five (5) different Lot Owners that have not been involved in the original Board decision. The aggrieved Owner has seven (7) days from the Board’s decision to request that an 1AC be formed. The Board reserves the right to extend the seven (7) day Owner response limit based upon extenuating circumstances. The 1AC meeting shall take place within forty-five (45) days from the IAC request. The Board and the aggrieved Owner wall present their case to the IAC. The IAC has three days to render a written decision. **5.5 Contacting the Board.** All correspondence with the Board and all payments should be sent to the Wood Trails HOA (Home Owners Association) via the Association’s PO Box. An owner can also use e-mail to contact the board. The current homeowner’s directory will contain the current e-mail address and mailing address, and copies have been provided to each Owner. Each new Owner will receive an updated copy at closing or as soon thereafter as possible. It is recommended that the Owner send certified letters regarding urgent matters. Notwithstanding the foregoing, if the Owner does not receive a timely acknowledgement to their request regarding important matters, it is the Owner’s responsibility to confirm whethertheir correspondence was received so they can receive written acknowledgement of their request. Wood Trails Homeowner’s Association CC\&R Page 8 **ARTICLE 6: ARCHITECTURAL CONTROL** **6.1 Construction and Exterior Alteration.** All buildings and structures (including, without limitation, walls, fences, sheds or other structures) to be constructed within the project, and all exterior alterations (i.e. painting, roofing, external additions, etc.) of any buildings orstructures on the project must be approved in writing by the board, with recommendations from an Architectural Control Committee ("ACC") composed of three (3) or more representatives appointed by the board, at least two (2) ofwhom shall be board members. **6.2 Approval Process.** Complete plans and specifications, including colors, of all such proposed buildings, structures, and exterior alterations, together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the Board, shall be submitted in duplicate along with a written request for approval signed by the Owner. See Article 5.5 as to how to contact the Board. The Board will acknowledge, in writing, when ail necessary documents from the Owner are received. if the Board does not send a written acknowledgement to the Owner within seven (7) days of the received request, it is the Owner’s responsibility to confirm the request has been received. if the Owner does not receive a decision from the Board within one monthly meeting cycle (which can be up to thirty-five (35) days) of receiving acknowledgement of their request, they are responsible for contacting the Board for an immediate meeting of the Board (within seven (7) days) regarding their request. The Board will render its decision regarding the original request within two (2) days of that meeting. The Owner may not begin the work indicated in their request until written approval is received from the Board. Any aggrieved Owner may appeal a decision of the Board as per Article 5.4.1. In the event there is no response to an Owner’s request from the Board after forty-five (45) days of a documented request submission, the request will be approved by default. This default approval must comply with and cannot supercede or nullify any restrictions, guidelines or regulations already stated in the CC\&R’s (i.e. Articles 6.3 through 6.8 and Articles 7.3 through 7.14) and any architectural polices listed by the Board. Documented request is defined as, proofofthree attempts by certified mail to the active Board as outlined in Article 5.5. Any and all structural additions and external modifications made without prior approval from the board will be subject to any and all fines with respect to unauthorized structural additions and unauthorized external modifications. In addition, the owner may be asked to remove and/or alter unauthorized modifications dependent upon the decision of the board. Such alterations and/or removals will be at the expense of the homeowner. Any structural additions and external modifications made pursuant to a default approval are subject to the same restrictions, guidelines, fine system, alteration and/or removal process, as mentioned above. if said modifications did not comply with the CC\&R’s and established written guidelines, they do not receive default approval. Approval by the Board is independent of, in addition to, and not to be construed as a representation as to compliance with any requirements for a permit, license or other approval by Snohomish County or other applicable governmental or quasi-governmental entity. The Lot Owner is responsible for obtaining any such governmental approvals. **6.3 Repairs & Replacement.** Repair and/or replacement of any structure to its original appearance does not constitute an alteration and the Board does not have to be notified. if the structure will be altered during the repair or maintenance process, the Board must be notified as referenced in Article 6.1. Wood Trails Homeowner’s Association CC\&R Page 9 **6.4** Roofs. Al) roofmodifications and retrofits shall be approved by the Board. The Board shall maintain a written roofing policy that states the type and quality specifications approved. The Board will approve roofs requests, on a case-by-case basis, that will be governed by quality, appearance and specifications (see section 5.3.13). **6.5 HVAC Equipment.** Outside HVAC equipment (air conditioning units, heat pumps and the like) may not be located in the front yard. All outside HVAC equipment must be approved by the Board. **6.6 Antenna.** No antenna or othersimilartype of exterior equipmentshall be allowed on any Lot unless approved in writing by the Board. As a condition of approval, the Board may require reasonable shielding of such antenna or equipment from view from the street and the ground level of adjacent Lots or Common Areas. A single satellite dish per Lot lessthan thirty-six (36) inches in diametershall be allowed in the rear or sides of the Home without Board approval. Installation of a satellite dish less than 36 inches in diameter on the front of a residence shall require the approval of the Board. In no event shall any satellite dish or similar antenna greater than thirty-six (36) inches in diameter be permitted. **6.7 Fencing.** No fences or site-screening improvements shall be erected without the prior written approval of the Board. Hedges or other solid screen planting may be used as Lot line barriers provided they are kept trimmed and well maintained. Erection of a necessary retaining wall shall be allowed, provided the top does not extend more than four (4) feet above the finished grade at the back of said retaining walls. The Board shall maintain a written fencing policy that states the type and quality specifications approved (see section 5.3.13). **6.7.1 Fencing \- Side \<& Rear Yards.** Fences may be placed along the rear property line, and the side yard property lines between Lots. These fences shall be no greater than six (6) feet in height and can extend along the full length of the property lines except in the front yards where the height shall be no higher than four (4) feet within the thirty (30) foot front yard building setback from the home to the street. **6.7.2 Fencing \- Front Yard.** Fencing proposed for the front yard and within the thirty (30) foot building setback between the home and the street shall be no greater in height than four (4) feet. Chain link fences are not permitted within the front yard thirty (30) foot building setback between the home and the street, Lots with frontages on two streets shall be allowed to construct fences on the property lines on the street side where they do not take driveway access. The maximum height of these street side fences shall be no more than four (4) feet in height, within the front yard thirty (30) foot building setback between the home and the street, and fencing materials shall meet the requirements in Article 6.7 above. **6.8 Siding.** The Board shall approve all siding modifications and retrofits. The Board shall maintain a written siding policy that states the type and quality specifications approved (see section 5.3.13). The Board will approve siding requests, on a case-by-case basis, that will be governed by quality, appearance and specifications. wood trails Homeowner’s Association CC\&R Page 10 **6.9 Signs.** In order to maintain a balance between aesthetics, home sales, security, privacy, Owner and Association needs, the board shall maintain a written sign policy that specifies approved signs and standards (See section 5.3.13). **ARTICLE 7: USE AND MAINTENANCE OBLIGATION OF OWNERS** **7.1 Maintenance of Lots,** Each Owner, at said Owner'ssole cost and expense, shall promptly and continuously maintain, repair and restore said Owner's Lot (including the yard and landscaping) and Home and other improvements located thereon, and also such other areas as may be required pursuant to Sections 5.3.6 and 5.3.7, in a clean, tidy, sound and sanitary condition and in full compliance with all applicable governmental laws, rules and regulations and the provisions of this Declaration and the Rules and Regulations of the Association. **7.2 Hazards on Lots:** Owner’sshall not have any growth, structures, equipment or activities that are deemed to be hazardous to adjacent Lots, Common Areas and public areas including, but not limited to: leaning trees, unhealthy trees, overgrown brush (fire hazard) and hazardous chemical storage (above that of normal residential use). The Board has the authority to rectify any hazardoussituation (at the Owner’s expense) if the Owner does not comply with written requests from the Board. **7.3 Residential** Use. Except as provided in Section 7.6, all Lots and improvements located thereon shall be used, improved and devoted exclusively to residential use. No building orstructure shall be erected, constructed, maintained or permitted on any Lot for any purpose other than one single-family dwelling, to be occupied by no more than one family and attendants or domestic servants of that family. However, an Attached Accessory Dwelling unit for the use ofrelatives of the Owner may be constructed, pursuant to the requirements of Article 6\. Detached Accessory Dwelling Units are not allowed. **7.4 Restriction on Further Subdivision.** No lotshall be subdivided whereby the resulting lot is smaller than the original lot. **7.5 Zoning Regulations.** Zoning regulations, building regulations, environmental regulations and other similar governmental regulations applicable to the Project shall be observed. In the event of any conflict between any provision of such governmental regulations and the restrictions of this Declaration, the more restrictive provision shall apply. **7.6 Business Use.** No business of any kind shall be conducted on any Lot with the exception of such home occupation as may be permitted by the appropriate local government and which is not otherwise in violation of the provisions of this Declaration and county/city zoning regulations. **7.7 Building Setback Requirements.** All residential buildings, including Accessory Dwelling Units attached to the main structure, shall be placed no nearer than thirty (30) feet to the front boundary line and no nearer than twenty (20) feet to any side street line. Additionally, no building shall be located nearer than ten (10) feet to an interior lot line and nearer than twenty-five (25) feet to the rear line. Under no circumstances are separate detached dwelling units allowed on any lots. Any building additions to the existing residential structure, including the addition of a “mother-in-law” apartmentshall be attached to the existing residential building; meet the building setbacks listed above and maintain the exterior appearance of the existing residential building Wood Trails Homeowner's Association CC\&R Page 11 7.7.1 **Auxiliary Structures Setback Req uirements.** All auxiliary **structures** and other Lot improvements, including any detached buildings, sheds, garages, shops, etc.,shall be placed no nearer than thirty (30) feet to the front yard boundary and no nearer than twenty-five (25) feet to any side street line. Additionally, no auxiliary structure shall be located any nearer than ten (10) feet to an interior lot line and any nearer than ten (10) feet to an interior rear lot line. This distance may be reduced to the County minimum setbacks if the side or rear lot lines are not adjacent to another Wood Trails Lot. No temporary or portable structures shall be placed forward of the front line of the most front part of the house facing the street. **7.8 Mobile or Manufactured Homes.** There shall be no mobile or manufactured housing allowed. **7.9 Open and Closed Drainage Ditches.** Each Owner will maintain the open and closed ditches and gravel areas along the property lines of their home to include weeding, trash, erosion, or any other maintenance as deemed by the Board. The cost of such maintenance isthe responsibility of the Owner and not the Association. **7.10 Livestock and Poultry.** No animals or reptiles of any kind shall be kept on the Project, except that dogs, cats, and other indoor household pets may be kept provided thatthey are not kept, bred, or maintained for any commercial purpose. When outside the dwelling said pets must be kept within their fenced yard or restrained on a leash and accompanied by the Lot Owner or their designated agent. 7.11 **Landscaping.** All landscaping must be maintained in a neat and orderly fashion. No landscaping of any kind shall interfere with the effective maintenance and operation of the drainage systems. **7.12 Oil and Mining Operations.** No oil drilling orrefining, quarrying ormining operations of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any Lot. No derrick or otherstructure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any Lot. **7.13 Farming.** No Lotshall be cultivated for crops of any sort, except for personal use gardens of reasonable size, which must be located to the side or rear of any Lot. **7.14 Utilities.** All utilities shall be installed underground. **7.15 Nuisances.** No noxious or undesirable thing, or use shall be permitted or maintained upon any Lot or upon any other portion of the Project, norshall anything be done on the Lot that may become an annoyance or nuisance to the neighborhood, or adjoining neighbors, which in the opinion of the Board detracts from the over all appearance and safety of the Project. No trash, garbage, other refuse, junk vehicles, underbrush, or other unsightly growths or objects shall be thrown, dumped or allowed to accumulate on any Lot if the Board determinesthat a thing or use is undesirable or noxious, the Board will notify the Lot Owner in writing of any violation and corrective action expected. The Owner has thirty (30) days to appeal to the Board’s decision in writing. See appeals process in Article 5.4. if the appeal is not approved, the Lot Owners will be notified in writing and will have thirty (30) days or an agreed upon time line to rectify the violation. Wood Trails Homeowner’s Association CC\&R Page 12 if the Owner does not take the corrective action mentioned above, the Association has the right, upon ten (10) days notice to Lot Owner, to take action required to rectify violations during normal working hours. The Board will charge the Lot Owner the associated costs with this corrective action. If not paid within thirty (30) days, lack of payment shall constitute a lien upon such Lot enforceable by appropriate proceedings in law or equity. **ARTICLE 8: COMMON EXPENSES AND ASSESSMENTS** **8.1 Creation of Lien and Personal Obligation of Assessments.** Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein. Such assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees,shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless the lien for such delinquent assessments had been properly recorded prior to title transfer or unless expressly assumed by them. Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the Owner immediately prior to the date of any such sale shall be personally liable only for the amount of the installments due prior to said date. The new Owner shall be personally liable for installments, which become due on and after said date. **8.2 Uniform Rate.** Any assessments which may be levied from time to time pursuant to the authority of the Board as set forth in Section 5.3.1, shall be fixed at a uniform rate for each Lot, except for assessments levied against an Owner for the purpose of reimbursing the Association for costs incurred in bringing the Owner or his/her Home and/or Lot into compliance with the provisions of this Declaration. An assessment against a Lot shall be the joint and several personal obligations of all Owners of that Lot. **8.3 Limitation on Annual Assessment Amount and Special Assessments.** **8.3.1 Homeowner Annual Assessment Increase Limit.** The maximum increase in Homeowners Annual assessment shall not exceed five percent (5%) per year without the prior assent of two-thirds (2/3) of the Owners who are voting in person or by proxy, at a meeting duly called for this purpose. **8.3.2 Special** Assessments. In addition to the Annual Assessment permitted by Section 8.3.1, the Association may levy a special assessment applicable to that year only, provided that any such assessment shall have the assent of two-thirds (2/3) of the Owners who are voting in person or by proxy, at a meeting duly called for this purpose. **8.3.3 Notice And Quorum For Annual And Special Assessment** Written notice of any meeting called for the purpose oftaking any action authorized undersections 8.3.1 and 8.3.2 shall be sent to all Owners not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the firstsuch meeting called, the presence of Owners or ofproxies entitled to castsixty percent(60%) of all the votes of the Owners of the Association shall constitute a quorum. if the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the Wood Trails Homeowner's Association CC\&R Page 13 subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the proceeding meeting. **8.3.4 Emergency Assessment.** In the event of a situation where the Board needs to respond quickly to an emergency that affects the safety of the Owners or the liability of the Association, the Board shall have the authority, without obtaining prior approval of the Owners, to levy assessments in a given calendar year totaling not more than One Hundred Dollars ($100) per Lot. Assessments included in the foregoing calculation shall not include any assessments which are levied against an Owner for reimbursing the Association for costs incurred in bringing the Owner or his/her Home and/or Lot into compliance with the provisions of this Declaration. **8.4 Manner and Time of Payment.** Assessments shall **be** payable by each Owner in such reasonable manner as the Board shall designate. Any assessment, which remains unpaid for at least fifteen (15) days after the due date thereof, shall accrue interestat an annual rate oftwelve percent (12%) from the due date, 'fhe Board may also assess a monthly late charge in an amount not to exceed ten percent (10%) of the amount delinquent on any unpaid assessment. Any bank charges accrued by the Association with respect to returned checks will be charged backed to the Owner’s account in the amount of bank charges, plus a reasonable handling fee to be determined by the Board, but not to exceed one and a halftimes (1,5X) the amount of the bank charge. **8.5 Accounts.** Any assessments collected by the Association shall be deposited in one or more insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof; provided, however, the Board may exercise such control through a property manager retained pursuant to Section 5.3.2. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. **8.6 Lien.** In the event any assessment or installmentthereofremains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days prior written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim of lien may be recorded in the office where real estate conveyances arc recorded for the county in which this Project is located. Such claim oflien may be filed at any time at least fifteen (15) days following delivery' of the notice of default referred to above. The lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as provided in Section 11.1. Suit to recover a moneyjudgment for unpaid assessments or charges shall be maintainable with or without foreclosure or waiver of the lien securing the same. 8.7 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. **8.8 Continuing Liability for** Assessments. No Owner may exempt himself/herself from liability for his/her Assessments by abandonment of his/her Lot. Wood Trails Homeowner’s Association CC\&R Page 14 **8.9 Records, Financial Statements.** The Board shall prepare or cause to be prepared, for any calendar year in which the Association levies or collects any assessments, and shall distribute to all Owners, a balance sheet and an operating (income/expense) statement for the Association, which shall include a schedule of assessments received and receivable, identified by the number of the Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at reasonably convenient hours. **8.10 Certificate of Assessment.** A certificate executed and acknowledged by the Treasurer or the President of the Board, or an authorized agent thereofifneither the President nor Treasurer is available, stating the indebtedness for assessments and charges or lack thereofsecured by the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien of his/her encumbrance. **8.11 Foreclosure of** Assessment **Lien, Attorneys' Fees and Costs. The** Board, on behalf of the Association, may initiate action to foreclose the lien of, or collect, any assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action (including in any arbitration, on appeal, and in any bankruptcy proceeding) in addition to taxable costs permitted by law. **8.12 Curing of Default.** The Board shall prepare and record a satisfaction and release of the lien for which a claim of lien has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice, and all other assessments which have become due and payable following the date of such recordation with respect to the Lot as to which such claim oflien was recorded, together with all costs, late charges and interest which have accrued thereon. An additional administrative fee of Two Hundred Fifty dollars ($250) covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction of the lien created by the claim of lien shall be executed by the President or Treasurer of the Association or by any authorized representative of the Board. For purposes of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the claim oflien and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. **8.13 Omission** of Assessment. The omission by the Board or the Association to fix the estimate for assessments and charges hereunder for the next year before the expiration of any current year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owner from the obligation to pay the assessments and charges, or any installment thereoffor that or any subsequent year. The assessment and charge fixed for the preceding year shall continue until a new assessment or charge is fixed. Wood Trails Homeowner's Association CC\&R Page 15 **8.14 Assessment Deposit. A** Lot Owner may be required, by the Board **or** by the managing agent, from time to time, to make and maintain a deposit of not more than the total of: one (1) annual assessment; plus either one (1)special assessment ifspecial assessments are payable on an annual basis, or three (3) special assessment installments ifspecial assessments are payable on a monthly or other periodic basis. Such deposit may be collected, as are other assessments and charges. Such depositshall be held in a separate fund, be credited to such Owner, and be for the purpose of establishing a working capital fund for the initial Project operations and a reserve for delinquent assessments. Resort may be had thereto at any time when such Owner is ten (10) days or more delinquent in paying his/her assessments and charges, to meet unforeseen expenditures, to acquire additional equipment or services deemed necessary or desirable by the Board, or as a credit against any annual or special assessments to become due from such Owner. Said deposits shall not be considered as advance payments of annual assessments. All or any portion of such deposit may at any time be refunded to the Owner by the Association in the discretion of the Board, such refund being made as a cash refund or a credit against assessments subsequently to become due or a combination thereof. **8.15 Exempt Property.** The following property subject to this Declaration shall be exempt from the assessments created herein: **8.15.1** All properties dedicated to and accepted by a governmental entity; **8.15.2** All Common Areas; and **8.15.3** All properties owned by a charitable or nonprofit organization or an organization exempt from taxation by the laws of the State of Washington. However, the land or improvements, which are referred to in Sections 8.15.1,8.15.2 and 8.15.3 and which are devoted to dwelling use, shall not be exempt from said assessments. **8.16 Effect of Legal Proceedings.** In **any** legal proceeding commenced pursuant **to** Section 9.1.1, and notwithstanding the assessment limitations provided for in this Declaration, the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably necessary to cause the Project to be properly administered in accordance with the provisions ofth is Declaration and the Bylaws, orto cause the provisions of this Declaration and the Bylaws to be properly applied and enforced. **ARTICLE 9: COMPLIANCE WITH DECLARATION** **9.1 Enforcement.** **9.1.1** Compliance of Owner. Each Owner, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative Rules and Regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief, or both, maintainable by the Board (acting through its officers on behalf of the Association and the Owners) or by the aggrieved Owner on his/her own against the party (including an Owner or the Association) failing to comply. In addition, the Association may impose and collect fines as provided in Section 5.3.12 of this Declaration. Wood Trails Homeowner's Association CC\&R Page 16 **9.1.2 Compliance of Lessee.** Each Owner who shall rent or lease his/her Lot shall insure that the lease or rental agreement is in writing and subject to the terms of this Declaration, Articles of Incorporation, and Bylaws. Said agreement shall further provide that failure of any lessee to comply with the provisions of said documents shall be a default under the lease. Owner (Owner of record) will be required to supply the Board with a Lease statement to establish continuity of homeowner address. Minimum items required are name, address, phone contact and alternate, and lease period. **9.1.3 Attorneys' Fees.** In any action to enforce the provisions of this Declaration, the Articles of Incorporation or the Bylaws, the prevailing party in such legal action shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action (including in any arbitration, on appeal, or in any bankruptcy proceeding) in addition to taxable costs permitted by law. **9.2 No Waiver of Strict Performance.** The failure of the Board in any one or more instance to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative Rules or Regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereofshall be deemed to have been made unless expressed in writing and signed by the Board. **9.3 Right of Entry.** Any safety violation, not corrected by the owner, shall give to the Association the right to enter the lot as to which such violation exists and to abate, correct and remove at the expense of the owner thereof, the condition that exists causing the safety concern. Such entry shall be made only after three (3) days notice to said owner and with as little inconvenience to the owner as possible and any damage caused thereby shall be repaired by the Association. The Association shall not be deemed guilty of any matter oftrespass by such entry, abatement or removal. **9.4 Remedies Cumulative.** The remedies provided are cumulative, and the Board may pursue them concurrently, as well as any other remedies, which may be available under law although not expressed herein. **ARTICLE 10: LIMITATION OF LIABILITY** **10.1 No Personal Liability.** So long as a Board member, Association committee member, Association officer, or Association agent, exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity; PROVIDED, that this section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. **10.2 Indemnification of Board Members.** Each Board member or Association committee member, or Association officer, or Association agent, exercising the powers of the Board, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, Wood Trails Homeowner’s Association CC\&R Page 17 including attorneys’ fees, reasonably incurred by or imposed in connection with any proceeding to which he/she may be a party, or in which he/she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct or gross negligence or a knowing violation of law in the performance of his/her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; PROVIDED, that, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section 10.2 shall, however, be deemed to obligate the Association to indemnify any Owner of a Lot who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him under and by virtue of the Declaration as an Owner of a Lot covered thereby and not as a Board member or officer of the Association. **ARTICLE 11: EASEMENTS** **11.1 Association Functions.** There is hereby reserved to the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws and Rules and Regulations adopted by the Association. **11.2 Easements Over Common Areas.** The Board, on behalf of the Association and all members thereof, shall have authority to grant (in accordance with applicable governmental laws and regulations) utility, road and similar easements, licenses and permits, under, through, or over the Common Areas, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Project. **11.3** Access **to Public Streets.** Each Owner and his/her guests and invitees shall have a perpetual, non-exclusive easement across all roadways constructed within the Project, thereby providing access throughout the Project and to public streets. **11.4 Utility** Easements. On each Lot, easements are reserved as provided by the Plat Map and applicable laws, ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer, drainage, and accessory' equipment, together with the right to enter upon the Lots at all times for said purposes. **11.5 Government Right of Access.** Governmental entities shall have the rights of access and inspection for the open space area and any drainage facilities contained therein. **ARTICLE 12: TERM OF DECLARATION** **12.1 Duration.** The covenants, conditions, restrictions, liens, easements, and enjoyment rights contained in this Amended Declaration run with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any Lot or any other portion of the Project and their heirs, executors, administrators, successors, grantees, and assigns. Wood 7rails Homeowner’s Association CC\&R Page 18 **12.2 Abandonment of Subdivision Status.** The Association shall not, without the prior written approval of the governmental entity havingjurisdiction over the Project and without prior written approval of one hundred percent (100%) of all Owners of record, seek by act or omission to abandon or terminate the subdivision status of the Project as approved by the governmental entity having appropriate jurisdiction over the Project. **ARTICLE 13: AMENDMENT OF DECLARATION, PLAT MAP** **13.1 Declaration Amendment.** Amendments to the Declaration shall be made by an instrument in writing entitled "Amendment to Declaration", which sets forth the entire amendment. Except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if two-thirds (2/3) of all the Owners vote for such amendment, or without any meeting if all Owners have been duly notified and iftwo-thirds (2/3) of all the Owners consent in writing (either hand delivered, sent via first class mail, or via email) to such amendment. Notwithstanding the foregoing, any amendment to a provision of the Declaration establishing, providing for, governing or regulating the following shall require the consent of two-thirds (2/3) of all the Owners: voting, assessments, assessment liens orsubordination of such liens; reservesfor maintenance, repair and replacements of Common Areas; insurance or bonds; use of Common Areas; responsibility for maintenance or repairs; expansion or construction of the Project or the addition, annexation or withdrawal of property to or from the Project; boundaries of Lots; converting of Lots into Common Areas or vice versa; leasing of Lots; the interests in Common Areas; or imposition of any right of first refusal orsimilar restriction on the right of an Owner to sell, transfer or otherwise convey a Lot. In all events, the amendment when adopted shall bear the signature of the President of the Association and shall be attested to by the Secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association. Amendments, once properly adopted, shall be effective upon recording in the appropriate governmental offices where real estate conveyances are recorded for the county in which the Project is located. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein that may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. **13.2 Plat Map.** Except as otherwise provided herein, to effect an amendment to the Declaration adopted as provided for in Section 13.1, the Plat Map(s) may be amended by revised versions or revised portionsthereof, provided that the revised version or revised portions reference the adopted amendment to this Declaration. Copies of any such proposed amendment to the Plat Map shall be made available for the examination of every Owner. Such amendment to the Plat Map(s) shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in conjunction with the Declaration amendment in the appropriate governmental office where real estate conveyances are recorded for the county in which the Project is located. **ARTICLE 14: INSURANCE** **14.1 Insurance.** The Board shall have authority in the exercise of its discretion to obtain and maintain at all times as a common expense a policy or policies and bonds of liability insurance and property Wood Trails Homeowner’s Association CC\&R Page 19 insurance covering the ownership, use and operation of all of the Common Areas (and Common Area improvements) if any, including common personal property' and supplies belonging to the Association; fidelity coverage for Association Board members, officers, employees or agents; and such other insurance as the Board may deem advisable or as may be required by the Federal National Mortgage Association, Federal Home Loan Mortgage Association, Veterans Administration or similar agencies or lending institutions. In the event of damage to or destruction of any part of the Common Area improvements, the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs of repair or replacement of the property damaged or destroyed, the Association may make a reconstruction assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other common assessments made against such Lot Owners. **ARTICLE 15: MISCELLANEOUS** **15-1 Notices.** Any written notice, or other document as required by this Declaration, may be delivered personally or by mail. Ifby mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received forty eight (48) hours after a copy thereof has been deposited in the United States first-class mail, postage prepaid, properly addressed as follows: (a) Ifto an Owner, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws. (b) Notices to the Board shall be addressed eitherto an addressto be posted by the Board at all times in a conspicuous place or to the registered office of the Association. In addition, notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. The Board will be using e-mail for regular communications with homeowners, if the owner has provided the association with an e-mail address. It is the owner’s responsibility to inform the Board of any changes to their e-mail address. All required meeting notices will still be sent via US mail or delivered in person. **15.2 Conveyances, Notice Required.** The rights of an Owner to sell, transfer, or otherwise convey his/her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board or anyone acting on their behalf. An Owner intending to sell a Lot shall deliver a written notice to the Board at least two (2) weeks before closing, specifying: the Lot being sold; the name and address of the purchaser, the closing agent, and the title insurance company insuring the purchaser’s interest; and the estimated closing date. The failure of an Owner to properly give such notice to the Board shall not invalidate the sale. The Board shall have the right to notify the purchaser, the title insurance company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. 15.3 Successor **and Assigns.** This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, grantees, lessees, sub lessees and assignees of the Owners. Wood Trails Homeowner’s association CC\&R Page 20 **15.4 Joint and Several Liability,** in the case of joint ownership of a Lot, the liability ofeach of the Owners thereofin connection with the liabilities and obligations of Owners set forth in or imposed by this Declaration shall be joint and several. **15.5 Severability.** The provisions hereofshall be deemed independent and severable, and the invalidity or partial invalidity or unenforccability of any one provision or portion thereofshall not affect the validity or enforceability of any other provision hereof. **15.6 Effective Date.** The Amendment to Declaration shall take effect upon recording. IN WITNESS WHEREOF, the President and Secretary of the Board have executed this Amended Declaration the day and year first hereinabove written, and certify that not less than two-thirds(2/3) of the Division 1 Lot Owners, two-thirds (2/3) of the Division 2 Lot Owners, and two-thirds (2/3) of the Division 3 Lot Owners have voted in favor of this Amended Declaration. **Secretary:** ^^^S^)y Wood Trails homeowner's Association CC\&R Page 21 STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) On this\_ *H* day of *Apn (\_\_\_\_\_\_\_\_*, 20 *I/,* before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared \_\_\_ M?y/2& *Horganulich* \_\_\_\_\_\_\_\_ , known to me to be the President of Wood Trails Homeowner’s Association, the Association that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Association, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above v Titten. JAMES RUDD LEVY STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 01-17-15 STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) Washington, residing at *SAai P^,M.* NOTARY PUBLIC in and for the State of My commission expires *i/l ^/zo/i T\_\_\_\_\_ .■* On this /41 day of *Appt I*\_\_\_\_\_ , 20\_//, before me, the undersigned, a Notary Public in and Tor the State of Washington, duly commissioned and sworn personally appeared *Kdb\&H' L- Cr»^^/I*\_\_\_\_\_ \_\_\_\_\_\_ known to me to be the Secretary of Wood Trails Homeowner's Association, the Association that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Association, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. JAMES RUDD LEVY STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 01-17-15 NOTARY PUBLIC in and for the State of Washington, residing at. **\&* Wood Trails Homeowner’s Association CC\&R Page 22 **EXHIBIT A** **Legal Description** Lots 1 through 23, Plat of Wood Trails No. 1, Recorded in Volume 35 or Plats, Page 78, Records of Snohomish County, Washington. Lots 1 through 32, Plat of Wood Trails No. 2, Recorded in Volume 36 of Plats, Page 12, Records of Snohomish County, Washington. Lots 1 through 38, Plat of Wood Trails No. 3, Recorded in Volume 38 of Plats, Page(s) 54-56, Records of Snohomish County, Washington. Wood Trails Homeowner’s Association CC\&R Page 23 STATE OF WASHINGTON 1 s= COUNTY OF SNOHOMISH J I, Carolyn Weikel, Snohomish County Auditor, do hereby certify that the foregoing instrument is a .‘}\!" dayof'Lt Q, \* \*7 20 L£^ true and correct copy of the document now on file or recorded in my office. . In witness whereof, I hereunto set my hand this ,.. 4. CAROLYN WEIKEL, Cd Untjr Auditor yw ^ Cv^U Deputy **Return Address:** Law Office of Kevin L. Britt, P.S. 4500 9th Avenue NE, Suite 300 Seattle, WA 98105 w»&™ **Please printer type information WASHINGTON STATE RECORDER’S Cover Sheet** (RCW 65.04) **Document Title(s)** (or transactions contained therein): (all areas applicable to your document must.be filled in) Amended Protective Covenants Running with Land for Division III of Wood Trails **Reference Number(s) of Documents amended:** 7606030296, 7803130261, 7803130263, 7606030295, 7803130259, 7608240112, 7803130262, 7803130264, 7608240113, 7803130260, 7805010199\. and 7805010200\. **Grantor(s)** Exactly as name(s) appear on document Wood Trails Homeowners Association **Grantee(s)** Exactly as name(s) appear on document Wood Trails Homeowners Association Additional names on page \_n/a of document.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **Lega\! description** (abbreviated: i.e. lot, block, plat or section, township, range) Lots 1 through 23, Plat of Wood Trails No. 1, Recorded in Volume 35 of Plats, Page 78, Records of Snohomish County, Washington; and Lots 1 through 32, Plat of Wood Trails No. 2, Recorded in Volume 36 of Plats, Page 12, Records of Snohomish County, Washington; and Lots 1 through 38, Plat of Wood Trails No. 3, Recorded in Volume 38 of Plats, Page(s) 54- 56, Records of Snohomish County, Washington. Additional legal is on page n/a of document.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **Assessor’s Property’ Tax Parcel7Account Number** Assessor Tax \# not yet assigned 006490-000-001-00 through 006490-000-023-00; and 006471-000-001-00 through 006471-000-032-00: and 006700-000-001-00 through 006700-000-038-00. The Auditor/Recorder will rely on the information provided on this form. The staffwill not read the document to verify the accuracy or completeness of the indexing information provided herein. When recorded, return to: Law Office of Kevin L. Britt, P.S. . **^W^roree^JBr^^ 3^ N^ M 0- Uf^ Sj M 5^** Seattle, WA 98105 i **AMENDED PROTECTIVE COVENANTS RUNNING WITH LAND FOR DIVISION III OF WOOD TRAILS** III (“Amended Division III Covenants”) are entered into this \_X2L\_ day of ,.L v\\ t,, WHEREAS, these Amended Protective Covenants Running with Land for Wood Trails Division 2^ H ; and WHEREAS, the Protective Covenants Running with Land for Wood Trails Division III (“Division III Covenants”) were recorded on May 1, 1978, in Snohomish County, Washington under Auditor’s File Number 7805010200; and WHEREAS, Article 24 of the Division III Covenants statesthatthose covenants maybe amended by a majority of the owners of lots in Division III at Wood Trails at a meeting; and WHEREAS, these Amended Division III Covenants have been approved by more than a majority of the owners of lots in Division III of Wood Trails at a meeting; NOW, THEREFORE, the Protective Covenants Running with Land for Wood Trails Division III are hereby amended as follows: The Amended Declaration of Covenants, Conditions, and Restrictions for Wood Trails Homeowner’s Association recorded on April 18,2011 in Snohomish County, Washington under recording number 201104180124 entirely replaces the existing Protective Covenants Running with Land for Wood Trails Division III recorded on May 1, 1978, in Snohomish County, Washington under recording number 7805010200\. Page 1 of2 IN WITNESS WHEREOF, the President of the Board of the Wood Trails Homeowner’s Association has executed these Amended Division III Covenants the day and year first written above and certified thatmore than a majority of the owners oflots in Division III of Wood Trails voted in favor of these Amended Division III Covenants. WOOD TRAILS HOMEOWNER’S ASSOCIATION By: ^^ud Jf^ti Lu^ President STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH) On this ^.t J. day of \-r\&niww , 20 Ufbefore me, the undersigned, a Notary Public in and for the State of Washington,dduly commissioned and sworn personally appeared ***i JH:J£ Hpr?P T)^\!^ t***Z //\_\_\_\_\_\_\_\_ , known to me to be the President of Wood Trails Homeowner’s Association, the Association that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Association, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence thatthe person appearingbefore me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at ***^A^m^.j Uj^\_\_\_ .*** My commission expires y/L 3T—L3-—\_\_\_\_\_\_\_ . 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