Article II Concepts and Definitions
The terms used in the Governing Documents shall generally be given their natural, commonly accepted definitions unless otherwise specified. Capitalized terms shall be defined as set forth below.
2.1. "Areas of Common Responsibility": The Common Area, together with such other areas the Association has or assumes responsibility pursuant to the terms of this Declaration, the Plat, any Supplemental Declaration, or the Plat, other applicable covenants, contracts, or agreements.
2.2. "Articles of Incorporation" or "Articles": The Articles of Incorporation of the Homeowners Association, as filed with the Washington Secretary of State to establish the Association as a non-profit corporation under Washington State law.
2.3. "Association": The non-profit homeowners Association formed with the Washington State Secretary of State for the purpose of administering this Declaration on behalf of the Owners, and its successors or assigns. The name of the Association is the "Brandon Meadows Homeowners Association."
2.4. "Base Assessment": Assessments levied on all Units subject to assessment under Article VIII to fund Common Expenses for the general benefit of all Units, as determined in accordance with Section 8.1.
2.5. "Board of Directors" or "Board": The body responsible for administration of the Association, selected as provided in the Bylaws and serving as the board of directors under Washington corporate law.
2.6. "Builder": Any Person who purchases one or more Units for the purpose of constructing improvements for later sale to consumers, or who purchases one or more parcels of land within the Properties for further subdivision, development, and/or resale in the ordinary course of business.
2.7. "Bylaws": The Bylaws of the Association, as they may be amended, which govern the Association's internal affairs, such as voting rights, elections, meetings, selection of officers, etc.
2.8. "Class "B" Control Period": The period of time during which the Class "B" Member is entitled to appoint a majority of the members of the Board. The Class "A" and Class "B" Members are defined in Section 6.3. The Class "B" Control Period expires upon the first to occur of the following:
- when 100% of the total number of Units for the property described in Exhibits "A" and any additional property added to the terms of this Declaration pursuant to Article IX, Section 9.1, have been conveyed to Class "A" Members other than Builders;
- a date 10 years from the date this Declaration is Recorded; or
- when, in their discretion, the Class "B" Members so determine.
2.9. "Common Area": All real and personal property, including easements, which the Association owns, leases, or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, including, without limitation, entrance tracts, perimeter buffers, restrictive areas, parks, surface water retention/detention tracts, landscape tracts, private roads, the community center, and other tracts or parcels conveyed to the Association by Declarant. The term shall include the Exclusive Common Area and the Community Area, as defined below. The term shall also include any public roads or other public facilities, the dedication of which has not yet been accepted by the Local Jurisdiction for public ownership; upon such acceptance, the Association's duties shall terminate.
2.10. "Common Expenses": The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, as the Board may find necessary and appropriate pursuant to the Governing Documents.
2.11. "Community Area": The real and personal property so designated by Declarant, and which is owned and/or maintained by the Association for the common benefit of all Persons. The Community Area may include, if designated by the Declarant on the face of the Plat or in a Recorded document conveying such Community Area to the Association or action taken by the Association:
- the main entry and identification features, including all signage, landscaping, and other improvements which are a part thereof;
- private roads, sidewalks and community-wide location and directional signage if not owned and the maintenance assumed by the Local Jurisdiction;
- recreational amenities and private storm drainage systems depicted on the Plat;
- the hard surface and soft service trails (private trails and any supplemental maintenance of public trails), including signage;
- wetlands, sensitive areas, open space, conservation areas, buffers, drainage areas, natural habitat preserves, and similar areas designated by Declarant, including all appurtenant monitoring or reporting obligations associated therewith, if not owned and the maintenance assumed by the Local Jurisdiction;
- the community parks, and any other parks designed as a Community Area by Declarants, if not owned and the maintenance assumed by the Local Jurisdiction
- if required on the face of the Plat, or if the Association assumes responsibility by Board or Member vote, the landscaping adjacent to arterial roadways and buffers, which may be located in an easement area shown on the recorded plat and regardless of whether such property is in the public rights-of-way, to the extent permitted by the Local Jurisdiction; otherwise, such landscaping shall not be included within the Areas of Common Responsibility, and shall be maintained by the Owners of the Units adjacent to such areas, as provided in Section 5.2;
- landscaping located in any public parks, drainage areas, public facilities or improvements, or other property for which the Association may provide maintenance and repair with the consent of the Local Jurisdiction;
- landscaping located at the Units, if and to the extent that the Association's Board determines that landscaping at the Units should be maintained by the Association to attain uniformity and a higher quality aesthetic appearance;
- any other real or personal property, service, or facility which now, or by amendment of this Declaration, designated to be a part of the Community Areas by the Declarant.
2.12. "Community-Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard shall be established initially by Declarant and may contain both objective and subjective elements. The Community-Wide Standard may evolve as development progresses and as the needs and demands of the Properties change.
2.13. "Declarant": The person identified as "Declarant" on the signature page of this Declaration, or any successor or assign who takes title to any portion of the property described in Exhibit "A" for the purpose of development and/or sale and who is designated as a Declarant in a Recorded instrument executed by the immediately preceding Declarant or assigned all or a portion of Declarant's rights hereunder. Upon a designation of a successor Declarant, all rights and responsibility of the former Declarant in and to such status as "Declarant" under this Declaration shall cease. At any time that more than one person holds any rights as a Declarant, a single Declarant may exercise any of the Declarant's rights described herein over that portion of the property owned by the single Declarant, and shall not be required to obtain the concurrence of any other Declarant who does not hold an ownership interest in the portion of the property over which a single Declarant desires to exercise sole authority, except for amendment of the Declaration, which shall require the concurrence of both Declarants unless otherwise agreed by the Declarants in writing. A single Declarant may conditionally or permanently assign to the other Declarant all of a Declarant's rights hereunder, by recorded instrument.
2.14. "Declaration": This Declaration of Covenants, Conditions, and Restrictions, which creates obligations that are binding upon the Association and all present and future owners.
2.15. "Exclusive Common Area": A portion of the Common Area primarily benefiting one or more, but less than all, Units, as more particularly described in Article XII.
2.16. "Governing Documents": A collective term referring to this Declaration and any applicable Supplemental Declaration, the By-Laws, the Articles, the Residential Design Guidelines, the Use Restrictions, and the Rules and Regulations, as each may be amended.
2.17 "Local Jurisdiction": Any governmental authority having jurisdiction over the Properties, for a matter described in this Declaration. A Local Jurisdiction may include the State of Washington, a County, a City, or a local sewer or water district or other governmental entity assigned authority by law to regulate activities in the Properties. A Local Jurisdiction may refer to different governmental authorities, depending upon which governmental authority is assigned responsibility to regulate activities described in this Declaration.
2.17. "Member": A Person subject to membership in the Association pursuant to Section 6.2.
2.18. "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Unit. A "Mortgagee" shall refer to a beneficiary or holder of a Mortgage.
2.19. "Owner": One or more Persons who hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Unit is sold under a Recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be considered the Owner.
2.20. "Permits": Collectively, the permits, land use restrictions and conditions of Plat approval, as determined, approved and issued by the Local Jurisdiction related to the development and construction of improvements located at the Properties, as such may be amended or modified from time to time.
2.21. "Person": A natural person, a corporation, a partnership, a trustee, or other legal entity.
2.22. "PIC": The Property Improvement Committee, as described in Article IV, Section 4.2.
2.23. "Plat": The plat of the real property described in Exhibit "A," together with all requirements described or referenced therein. "Plat" shall also include any property included in a plat of the real property referred to in Exhibit "A," but not included within the description of property contained in Exhibit "A," which property may or may not be subjected to the terms of this Declaration in the future in the manner described in Article IX.
2.24. "Properties:" The real property described in Exhibit "A," together with such additional property, whether contiguous or non-contiguous, as is subjected to this Declaration, in accordance with Article IX.
2.25. "Record," "Recording," or "Recorded": To file, the filing, or filed of record in the Public Real Estate Records of the County in which the Properties are located, or such other place which is designated as the official location for recording deeds and similar documents affecting title to real estate. The date of Recording shall refer to that time at which a document, map, or plat is Recorded.
2.26. "Residential Design Guidelines": The architectural, design, and construction guidelines and review procedures adopted pursuant to Article IV, as they may be amended, which establish architectural standards and guidelines for improvements and modifications to Units.
2.27. "Rules and Regulations": Board-adopted Rules and Regulations which establish administrative procedures for internal Association governance and operating procedures for use of the Common Area and property included within the Area of Common Responsibility. The Initial Rules and Regulations are attached to this Declaration as Exhibit D, but they may be changed by the Association in the manner described by the Bylaws and RCW 64.38.020.
2.28. "Sale" or "Sold" shall mean the date upon which ownership of a Unit is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract.
2.29. "Street Trees" shall mean the trees that are required to be planted, located and maintained on the property pursuant to notes on the face of the Plat, or described by this Declaration.
2.30. "Special Assessment": An assessment levied in accordance with Section 8.3.
2.31. "Specific Assessment": An assessment levied in accordance with Section 8.4.
2.32. "Supplemental Declaration": An instrument Recorded pursuant to Article IX which subjects additional property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the land described in such instrument.
2.33. "Unit": A portion of the Properties, whether improved or unimproved, which may be independently owned and is intended for development, use, and occupancy as an attached or detached residence for a single family. The term shall refer to the land, if any, which is part of the Unit as well as any improvements thereon. In the case of a building within a condominium or other structure containing multiple dwellings, each dwelling shall be deemed to be a separate Unit. Prior to Recording a subdivision plat, a parcel of vacant land, or land on which improvements are under construction, shall be deemed to contain the number of Units designated for residential use for such parcel on the preliminary plat or the site plan approved by Declarant, whichever is more recent.
2.34. "Use Restrictions": The initial Use Restrictions set forth in Exhibit "B," as they may be supplemented, modified, and repealed pursuant to Article III, which govern the use of property, activities and conduct within the Properties.