Westridge HOA Silverdale, WA

Updated November 2021

TABLE OF CONTENTS

Title                                                                                            __________                    Section

Description of Homeowner’s Handbook  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I

Westridge and the Homeowner’s Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II

Business of the Association  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  III

Directors, Officers and Committee; Duties, Responsibilities . . . . . . . . . . . . . . . . . . . IV

            Board of Directors

            Director Positions and Years of Election to Office

            Officers

            Committees

Claiming Liens for Delinquent Assessments . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . V

Homeowner’s Responsibilities when Renting Properties . . . . . . . . . . . . . . . . . . . . . . VI

Appendices

            A         Westridge Protective Covenants

            B         By-Laws

            C         Articles of Incorporation

            D         Easement Agreement – North Easement

            E         Easement Agreement – West Easement

            F          Current Year Officers

SECTION I

DESCRIPTION OF HOMEOWNER’S HANDBOOK

PURPOSE

This publication is intended to provide the home or lot owners, hereafter referred to as Homeowners, of Westridge a description of how the Westridge Homeowner’s Association operates and provide a complete set of the association’s governing documents.  The guidelines and descriptions set forth in the document are intended to summarize the provisions of the governing documents and shall in no way alter the basic rules and policies prescribed in the By-laws, Articles of Incorporation and/or Covenants.

SECTION II

WESTRIDGE HOMEOWNER’S ASSOCIATION

            Westridge is a community of 65 residential properties established as a Planned Unit Development (PUD).  In accordance with Kitsap County law, a PUD is required when property is developed in a higher density than it is zoned for, as is the case with Westridge.  The PUD establishes common areas and green belts to provide buffer zones between the PUD property (Westridge) and the adjacent properties.  A PUD is governed by a document called Protective Covenants, prepared by the developer, approved by adjacent property owners and recorded with the county auditor’s office.  The covenants are intended to provide protection for property owners adjacent to the PUD by placing restrictions regarding the types of homes that can be built in the community, management and use of the communities common areas and green belts and what can and cannot be don on the individual properties.

            The covenants also require establishment of a homeowner’s association to oversee the affairs of the community and enforce the terms of the covenants.  An Architectural Control Committee (ACC) is also required to ensure that the dwellings built in the PUD meet the architectural requirements provided in the Covenants.

            The association is incorporated in the State of Washington as The Westridge Homeowner’s Association.  Accordingly, it is also governed by Articles of Incorporation and By-laws.  In February 1988, the developer turned management of the affairs of the association over to the homeowners.  Directors were elected at that time and the various committees established.

            Each Westridge property owner is encouraged to participate in the homeowner’s association by attending meetings and helping with various committees and officers and adhere to the requirements of the Association’s governing documents which are attached as Appendices A, B, and C.

Easement to Adjacent Properties

            Two access easements to adjacent properties run across Westridge common areas.  While these properties are not part of the original Westridge PUD, they do take full advantage of all the amenities provided by the annual Westridge assessments and are required to pay the assessment as noted in the easement agreements attached as Appendices D & E.

Neighborhood Watch

            Westridge has been approved by the Kitsap County Sheriff as a Neighborhood Watch community.  To maintain this authorization requires a certain percentage of Westridge homes to meet the Neighborhood Watch standards which requires marking the valuables in the home and other criteria. 

SECTION III

BUSINESS OF THE ASSOCIATION

Architectural Control

Maintenance of Common Areas

            As part of the PUD, the Association owns three large parcels of common area.  These include Lots 19 and 20 in Westridge Division I which comprise the Division I common areas, the detention pond in Division I for drainage control, LOT 68, the Division II common area, the Westridge entrance area and the bus shelter on the corner of Ridgelane and Westridge Dr.  The Association is responsible for maintaining these areas along with mowing the grass on the roadside along the common areas.  This comprises a significant portion of our budget.  Maintenance is performed by the residents during at least two work parties held in the spring and fall of each year.  Some residents assist weekly by mowing and maintaining the roadside grass strips along the green belt areas.  The Maintenance Committee oversees organizing the work parties and the maintenance.

Manage Association Business

            Liability Insurance   Since the homeowners own the common areas, they are responsible and liable for injury claims due to negligence or other legal claims resulting from their use.  Accordingly, the Association is a corporate entity, registered with the State of Washington and carries liability insurance to protect these areas and isolate the homeowners from liability claims against the corporation.

            Street Lights  To reduce the cost of operating street lights in the community, previously paid as an addendum to the individual water bills, the Association assumed responsibility for and pays the cost of operating the lights.

            Annual Meeting  The Association is required to hold at least one Meeting of the Homeowners annually.  Additional meetings may also be scheduled as required.  The annual meeting is primarily used for election of Directors and ACC members, approve the budget and keeping the homeowners appraised of Association business.

            Newsletter The Association will publish a periodic newsletter to keep homeowners apprised of Association events.

            Financial Management, Budget and Assessments The Association assess each homeowner an annual fee to cover the cost of the services paid for by the Association.  An elected Director serves as the treasurer, the Board of Directors manages the collection and disbursement of Association funds.  At least two homeowners serve as auditors each year examining the books. 

SECTION IV

DIRECTORS, OFFICERS AND COMMITTEES

DUTIES AND RESPONSIBILITIES

BOARD OF DIRECTORS

            Directors are elected to manage and conduct the business of the Association.  They make decisions and take the actions necessary for the most effective operation of the association in accordance with the governing documents.  There shall be five (5) directors elected by popular vote at the annual Meeting of the Homeowners.

            Duration  In accordance with the by-laws, each director must be a Westridge homeowner and is elected to serve terms of three years.  At least one director’s position is up for election each year in accordance with the schedule shown below.  There is no limit to the number of years a person may serve on the Board of Directors.

DIRECTOR POSITIONS AND YEARS OF ELECTION TO OFFICE

                        Position 1                                          2016, 2019, 2022, 2025, 2028

                        Positions 2 & 3                                 2017, 2020, 2023, 2026, 2029

                        Positions 4 & 5                                 2018, 2021, 2024, 2027, 2030

OFFICERS

The officers shall be selected from the elected directors.  Officers shall be elected by the Directors for the following positions and duties;

PRESIDENT  Preside over the scheduled and special meetings of the board of directors and the annual Homeowner’s Meeting.

VICE PRESIDENT  Acts as President in the latter’s absence.  Responsible for the operation of the Nominating Committee and other special committees as requested by the President.

SECRETARY  serves as the records officer for the Association maintaining necessary membership and historical records and issuing and receiving Association correspondence in accordance with direction of the Board of Directors.  Publishes the newsletter, arranges facilities for the annual meeting and mails meeting and proxy notices.  Oversees the operation of the Welcoming Committee.

TREASURER  Serves as financial officer for the Association maintaining necessary business and financial records and managing the Association’s finances in accordance with the By-Laws, Articles of Incorporation, Covenants and direction from the Board of Directors.

MEMBER AT LARGE  Responsible for overseeing the operation of the Architectural Control and Maintenance Committees.

COMMITTEES

 Architectural Control Committee (ACC)

The ACC is a mandatory committee required by the covenants.  The ACC ensures that the Westridge homeowners and residents abide by the provisions of the Protective Covenants.  The committee shall consist of three members who will serve a term of three years.  One ACC member shall be elected each year at the annual meeting of the Homeowners.

Maintenance Committee

Oversees the maintenance and repair of the Association common areas and green belts.  Organizes and supervises work parties to maintain these areas.

Neighborhood Watch/Welcoming Committees

One Chairperson and three or four Block Captains to assist homeowners with meeting the Neighborhood Watch criteria.  This committee also serves as the Welcoming Committee responsible for contacting each new resident of Westridge shortly after they move into their Westridge home to greet them, describe the operation of the association and obtain contact information for the sectary for inclusion into the association directory.

Audit Committee

Two or more individuals, at least one being a Westridge homeowner, who will audit the association financial records at the conclusion of each fiscal year.

Nominating Committee

One or more lot or homeowner selected by the President to obtain nominees for anticipated vacancies on the Board of Directors and ACC.

           

SECTION V

CLAIMING LIENS FOR DELIQUENT ASSESSMENTS AND FINES

            In accordance with the terms of the covenants, the Association is empowered to place liens against homeowner’s property to effect collection of delinquent assessments and fines.  There is a fee associated with claiming and releasing liens as described below.

Costs Associated with Claiming a Lien.  Costs associated with claiming a lien will be added to the amount due from the property owner, but is tied to the property.  The cost of claiming a lien will be assessed once the lien is claimed.  The lien will not be satisfied until all delinquent costs are paid including the cost of claiming and releasing the lien.  As of 25 July 2021, the cost of a lien is $475.00 which is broken down as follows;

•             Intent to Claim a Lien Notice
•                         Registered/Certified Mail Fee . . . . . . . . . . . . $15.00
•             Lien Claim Expense
•                         Filing Fee to County Assessor . . . . . . . . . . . . 203.50
•                         Release Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203.50
•                         Travel Expense, 100 miles @ .53. . . . . . . . . . . 53.00
•                                                                                               $475.00

            Non-resident Homeowners who rent their homes to others are responsible for ensuring that their tenants abide by the terms of the protective covenants.  This is particularly important with regard to exterior appearance of the dwelling and grounds and storage of recreational vehicles.

APPENDIX A

The following is a transcription of the revised protective covenants filed with the Kitsap County Auditor, 21 February, 2018, file # 2008022100200

           

2017 AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS

Conditions and Restrictions

WESTRIDGE

           Whereas, a declaration of Protective Covenants, Conditions and Restrictions, affecting Divisions One and Two of the Plat Westridge was recorded under Kitsap County Auditor’s File No. 8411070111, and Amendments to such Protective Covenants, Conditions and Restrictions were thereafter recorded under Kitsap County Auditor’s File Numbers 8503130063, 8510140040, and 8510300056 and

            Whereas, the undersigned owners of more than 75% of the lots of Divisions No. One and No. Two of the Plat of Westridge, wish to further amend such Protective Covenants, Conditions, and Restrictions as set forth herein, and otherwise leave such prior covenants, conditions and restrictions in full force and effect, and

            Whereas, these amended and restated Declarations of Protective Covenants, Conditions and Restrictions shall apply to all Division One and Two of the Plat of Westridge, Records of Kitsap County, Washington as recorded on July 2, 1984, in Volume 24 of Plats, pages 46 through 48, inclusive, records of Kitsap County, Washington, under Kitsap County Auditor’s File No. 840702011, and as amended by a correction to said Plat recorded under Kitsap County Auditor’s File No. 8411210053 and Kitsap County Auditor’s File No. 8607290119.

            Therefore, Westridge Homeowners’ Association executes this Declaration for the purposes of evidencing said covenants, conditions and restrictions of record.

CC&R’s – ARTICLE I

DEFINITIONS

            “ACC” shall mean and refer to the Architectural Control Committee created pursuant to paragraph 22 of this Declaration.

            “Association” shall mean and refer to the Homeowners’ Association created pursuant to this declaration or any incorporated successor thereto.

            “Bylaws” shall mean any Bylaws, if any, adopted pursuant to this Declaration: PROVIDED, HOWEVER, reference to Bylaws shall not require adoption of any such Bylaws and any Bylaws adopted shall include the applicable provisions of this Declaration and may contain supplementary, not inconsistent, provisions regarding the management and operation of the Association.

            “Common Areas” shall mean and refer to those areas described in the Plat as common areas owned by the Association for the benefit, common use, or enjoyment of the owners.

            “Lot” shall mean and refer to any plot of land shown upon the recorded subdivision map of the Properties with the exception of the Common Areas.

            “Owner” shall mean the record owner or real estate contract purchaser of fee simple title to any Lot or Lots which are a part of the properties, but shall not include a contract seller or mortgagee.  The term “Owner” may refer to one or more persons. The term “real estate contract” shall not include an earnest money receipt and agreement or similar interim contract, and the terms “contract seller” and” contract purchaser” shall include the parties to any such earnest money receipt and agreement or similar interim contractor any party having an interest as security for the performance of an obligation.

            “Property” or “Properties” shall mean and refer to that certain real property described above.

             “Recreational vehicles” shall mean RVs, trailers, boats, campers, all-terrain vehicles, golf carts or similar type vehicles.   “Stored vehicles” shall mean a vehicle that is inoperable, or in a state of maintenance/repair, or lacks a current state registration, AND has not moved or is incapable of moving under its own power for a three-month period. Vehicles belonging to family members who are deployed under military/government orders are not considered stored vehicles as long as they are operational and have a current state registration.

            “Signed instruments” shall mean for voting purposes either a signature from one owner of the property or an email vote to the Westridge Homeowners Association Board.

           

CC&R’s – ARTICLE II

RESTRICTIONS AND ARCHITECTUAL CONTROL

CC&R’s – ARTICLE III

GENERAL PROVISIONS

1. Effective Date. The provisions of the Declaration shall become effective except as otherwise provided herein on the date of recording.
   
2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not in any way affect any other provisions which shall remain in full force and effect.
   
3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land. This Declaration may be amended by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be in writing and recorded.
   
4. Membership and voting Rights. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

Members shall be all Owners. Members shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as the members determine, but in no event, shall more than one vote be cast with respect to any lot.

CC&R’s – ARTICLE IV

MAINTENANCE ASSESSMENTS

CC&R’s – ARTICLE V

EXECUTION OF THE DECLARATION

This Declaration has been executed by the following owners of lots within Division One and Two of the Plat and the north easement of Westridge. Such lot owners are owners of more than 75% of the lots in Divisions One and Two of the Plat and the north easement of Westridge. This Declaration may be signed in counterpart.

Date this __21__ day of __February___ 2018.

The foregoing is a transcript of the original document filed with the Kitsap County Auditor, Sept. 10, 1992, Auditor’s File # 9209100035, Reel 0669, and Frames 1322-1327.

APPENDIX B

NAME AND LOCATION

The name of the corporation is THE WESTRIDGE HOMEOWNERS’ ASSOCIATION (hereafter referred to as “Association”). The principal office of the Association shall be located at the address of current Treasurer (Physical address), P.O. Box 1023, Silverdale, Washington, 98383 (Mailing address).  Meetings of members and directors may be held at such places within the State of Washington as may be designated by the Board of Directors.

BYLAWS – ARTICLE II

DEFINITIONS

Section 1. “ACC” shall mean and refer to the Architectural Control Committee created pursuant to paragraph 22 of the Declaration.

Section 2. “Association” shall mean and refer to the Homeowners Association created pursuant to the Declaration as hereafter defined or the Articles of Incorporation filed with the Washington Secretary of State on October 22, 1985, or any amendment thereto (hereafter referred to as “Articles”).

Section 3. “Bylaws” shall mean these Bylaws.

Section 4. “Common Areas” shall mean and refer to those areas described in the Plat as common areas owned by the Association for the benefit, common use, or enjoyment of the owners.

Section 5. “Declarant” shall mean and refer to Best Built Homes of Washington, Inc., one of the Declarants of the Amended and Restated Declaration dated October 22, 1985, recorded on October 30, 1985, Kitsap County File No. 8510300056 or any amendments thereof (hereafter referred to as “Declaration”) and its successors and assigns if such successors or assigns should acquire the balance then owned by Declarant of the undeveloped Lots from Declarant for the purpose of development.

Section 6. “Lot” shall mean and refer to any plot of land shown upon the recorded subdivision map of the Properties with the exception of the Common Areas.

Section 7. “Member” shall mean members of the Association as provided in the Declaration or Articles.

Section 8. “Owner” shall mean the record owner or real estate contract purchaser of fee simple title to any Lot which is a part of the Properties, including contract sellers, but shall not include a contract seller or a mortgagee. The term “Owner” may refer to one or more persons and Specifically includes Declarant. The term “real estate contract” shall not include an earnest money receipt and agreement or similar interim contact, and the terms “contract seller” and “contract purchaser” shall not include the parties to any such earnest money receipt and agreement or similar interim contract or any party having an interest as security for the performance of an obligation.

Section 9. “Property” or “Properties” shall mean and refer to the real property described in said Declaration or any additional properties subject to said Declaration.

BYLAWS – ARTICLE III

MEETING OF MEMBERS

Section 1. Annual Meeting. The first annual meeting of the members shall be held within one year from the date of incorporation of the Association at a date, hour and place to be set by the Board of Directors. Subsequent regular annual meeting of the members shall be held annually on the same day of the same month of each year thereafter at the hour of 7:30 P.M. or at such other date, hour or place as may be set by the Board of Directors. If the day set for any annual meeting of the members is a legal holiday or on a week-end, the meeting shall be held at the same hour on the first day following which is not a legal holiday or a week-end.

Section 2. Special Meetings. Special meetings of the members may be called at any time by the President or by the Board of Directors or upon written request of the members who are entitled to vote one-fourth (1/4) of all the votes of the Class A membership.

Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by or at the direction of the Secretary or person authorized to call the meeting by mailing a copy of such notice, electronically or postage prepaid, at least thirty (30) days, but not more than sixty (60) days, before the date of such meeting to each member entitled to vote thereat addressed to the member’s address last appearing on the books and records of the Association or supplied by such member to the Association for the purpose of notice. Such notice shall specify the date, hour and place of the meeting and in the case of a special meeting, the purpose of the meeting.

Section 4. Quorum. The presence at the meeting of the members entitled to cast, or of proxies entitled to cast, one- third (1/3) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration or these Bylaws: PROVIDED, HOWEVER, the quorum for purposes of paragraphs 32 and 33 of the Declaration shall be 60% of the votes of each class of membership. In the event that a quorum is not present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time without notice other than announcement at the meeting until a quorum shall be present or be represented.

Section 5. Proxies. Each member may vote in person or by proxy at all meetings of members. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by a member of his Lot.

BYLAWS – ARTICLE IV

BOARD OF DIRECTORS. SELECTION. TERM OF OFFICE

Section 1. Number. The affairs of this Association shall be managed by a Board of not less than three nor more than nine directors who need not be members of the Association. The number of directors may be fixed from time to time by action of the members: PROVIDED, HOWEVER, no decrease in the number of members of the Board shall shorten the term of any incumbent director.

Section 2. Term of Office. The term of office for each director shall be three years. The initial Board of Directors shall serve terms of office of one, two and three years respectively to establish a three-year term of office for each Board position. Directors elected to the Board of Directors after the initial Board has been established shall be elected for three year terms with approximately one-third of the Board positions being up for election/re-election each subsequent year.

Section 3. Removal. Subject to any restrictions in the Declaration or Articles, any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board or the Association and shall serve for the unexpired term of his predecessor.

Section 4. Compensation. No director shall receive compensation for any service he may render to the Association.  Any director may be reimbursed for his actual expenses incurred in the performance of his duties.

Section 5. Action Taken Without a Meeting. The directors and members shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the members or directors as provided in RCW 24.03. Any action so approved shall have the same effect as though taken at a meeting of the directors.

BYLAWS – ARTICLE V

NOMINATION AND ELECTION OF DIRECTORS

Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at. the annual meeting. The Nominating Committee shall consist of a Chairman who shall be a member of the Board of Directors and two or more members of the Association.

The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members and serve from the close of such annual meeting until the close of the next annual meeting. Any such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as the Nominating Committee shall determine in its discretion, but not less than the number of vacancies which are to be filled. Such nominations may be made from among members or non-members.

Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast as to each vacancy as many votes as they are entitled to cast under the provisions of the Declaration, the Articles or these By-Laws. The persons receiving the largest number of votes for each position shall be elected. Cumulative voting shall not be permitted.

BYLAWS – ARTICLE VI

MEETINGS OF DIRECTORS

Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held at least annually without notice at such place and hour as may be fixed from time to time by resolution of the Board. In the event that the date of any such meeting falls upon a legal holiday, said meeting shall be held at the same time on the next day which is not a legal holiday.

Section 2. Special Meeting. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two Directors, after not less than three days’ notice to each Director.

Section 3. Quorum. A majority of the Directors present at a duly held meeting shall constitute a quorum of the Board.

BYLAWS – ARTICLE VII

POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 1. Powers. Subject to the provisions of the Declaration, the Articles, and RCW 24.03, the ‘Board of Directors shall have power to:

• Adopt and publish rules and regulations governing the use of the Common Areas and facilities, the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof;
• Suspend the voting rights and right to use of the Common Areas of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing for a period not to exceed sixty (60) days for infraction of published rules and regulations;
• Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provision of these Bylaws, the Articles or the Declaration;
• Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three consecutive regular meetings of the Board of Directors; and
• If deemed necessary, employ a manager, an independent contractor, or other employees and prescribe their duties.

Section 2. Duties. It shall be the duty of the Board of Directors to:

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

• Supervise all officers, agents, and employees of the Association and the performance of their duties;
• Subject to the provisions of the Declaration and Articles, to:
  1. Fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period;
  2. Send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and
  3. Foreclose the lien against any lot for which assessments are not paid within thirty (30) days after its due date or to bring an action at law against the Owner personally obligated to pay the same;
• Issue, or cause an appropriate officer to issue, upon demand by any person a certificate setting forth whether any assessment has been paid or is due. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid or that no assessment is due, any such certificate shall be conclusive evidence of such payment or that no assessment is due;
• Designate a successor governmental agency, person or entity in conformity with the law of the State of Washington or its political subdivisions, to receive, hold and disburse such assessments;
• Procure and maintain adequate liability and hazard insurance on property owned by the Association;
• Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and
• Cause the Common Areas to be maintained.

BYLAWS – ARTICLE VIII

OFFICERS AND THER DUTIES

Section 1. Enumeration of Offices. The officers of the Association shall be a President and a Vice-President, each of whom shall at all times be a member of the Board of Directors, a Secretary and a Treasurer, and such other offices as the Board may from time to time by resolution create.

Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.

Section 3. Term. The officers of the Association shall be elected annually by the Board and each shall hold office for three years unless he shall sooner resign or be removed or otherwise be disqualified to serve.

Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.

Section 5. Resignation and Removal. Subject to the provisions of the Declaration, the Articles and/or RCW 24.03, any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Any such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, any such resignation shall become effective without acceptance.

Section 6. Vacancies. A vacancy in any office may be filled by appointment of the Board. The officer appointed to fill any such vacancy shall serve for the remainder the term of the office he replaces.

Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No other person shall simultaneously hold more than one of any of the other offices except in ·the case of special offices created pursuant to Section 4 of this Article VIII. 

Section 8. Duties. The duties of the officers are as follows:

• President. The President shall preside at all meetings of the Board of Directors, see that orders and resolutions of the Board are carried out, sign all leases, mortgages, deeds and other written instruments, and co-sign all checks and promissory notes.
• Vice-President. The Vice-President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
• The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members, keep the corporate seal, if any, of the Association and affix it on all papers requiring said seal, provide notice of meetings of the Board and of the members, keep appropriate current records showing the members of the Association, together with their addresses, and shall perform such other duties as required by the Board.
• Treasurer. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors, co-sign all checks and promissory notes of the Association, keep proper books of account, prepare an annual budget and a statement of income and expenditure to be presented to the membership at its regular meetings, and provide a copy of the same to the members.

BYLAWS – ARTICLE IX

COMMITTEES

The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in the Bylaws. In addition, the Board of Directors shall appoint such other committees as deemed appropriate for carrying out its purposes.

BYLAWS – ARTICLE X

BOOKS AND RECORDS

The books, records and papers of the Association shall at all times during reasonable business hours be subject to inspection by any member. The Declaration, the Articles, and the Bylaws of the Association shall be available for inspection by any member at the principal office of the Association and copies thereof may be purchased at reasonable cost.

BYLAWS – ARTICLE XI

ASSESSMENTS

As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the lot against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from the date of delinquency at the highest legal rate but in any event not less than ten percent (10%) per annum, the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the lot, and interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. Except as provided in the Declaration, no Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Areas or abandonment of his Lot.

BYLAWS – ARTICLE XII

CORPORATE SEAL

In the event that the Association elects to have a corporate seal, the seal shall be circular in form and have within its circumference the name of the Association and the words “Corporate Seal – State of Washington- 1985”.

BYLAWS – ARTICLE XIII

AMENDMENTS

Section 1. Except as provided in the Declaration or Articles or RCW 24.03, these Bylaws may be amended at a regular or special meeting of the members by a note of a majority of a quorum of members present in person or by proxy: PROVIDED, HOWEVER, so long as there is a Class B membership, as defined in the Declaration or Articles, the approval of the Federal Housing Administration or the Veterans Administration shall be required to approve any amendment which relate to any annexation of additional properties, mergers, and consolidations, mortgaging of the Common Areas, dedication of the Common Areas, dissolution of the Association or amendment of the Articles; and PROVIDED FURTHER, HOWEVER, the foregoing shall not limit Declarant’s right pursuant to the Declaration to hereafter dedicate and add Division No.2 to the property governed by these Bylaws.

Section 2. In the event of any conflict between the Declaration or Articles and these Bylaws, the Declaration or Articles, as applicable, shall control. In the event of any conflict between the Declaration and the Articles, the provisions of the Declaration shall control.

BYLAWS – ARTICLE XIV

MISCELLANEOUS

The fiscal year of the Association for all years subsequent to 1985 shall begin on the 1st day of January and end on the 31st day of December of every year. The first fiscal year of the Association shall begin on the date of incorporation of the Association and end on December 31, 1985.

IN WITNESS WHEREOF, the undersigned being all of the Directors of the Association designated in the Articles have hereunto set our hands this 23 day of October, 1985.

DIVISION NO. 1 OF THE WESTRIDGE

HOMEOWNERS’ ASSOCIATION

By: (sig) Rubin Salant by William M. Robinson, his attorney in fact

By: (sig) Enrique P. Mora

By: (sig) William M. Robinson

IN WITNESS WHEREOF, the undersigned being all of the Directors of the Association designated in the Articles have hereunto set our hands to these revised By-Laws this 16 day of July, 1991.

            THE WESTRIDGE HOMEOWNERS’ ASSOCIATION

• David C. Stevens
• Leon Bakeman
• Raymond Wolber
• Richard Roberge
  
  
  
  
  

APPENDIX C

ARTICLES OF INCORPORATION OF THE
WESTRIDGE HOMEOWNERS’ ASSOCIATION

Pursuant to the Washington Non-Profit Corporation Act (RCW 24.03), the undersigned has formed a corporation not for profit and does hereby certify as follows:

ARTICLE I

The name of the corporation is THE WESTRIDGE HOMEOWNERS’ ASSOCIATION (hereafter referred to as “Association”). The existence shall be perpetual.

ARTICLE II

The principal office of this Association is located at Post Office Box 1023, Silverdale, Washington 98383 (mailing address).

ARTICLE III

Richard Roberge, whose address is 2213 Westridge Ct., Silverdale, Washington 98383, is hereby appointed the registered agent of this Association.

ARTICLE IV

PURPOSE AND POWERS OF THE ASSOCIATION

This Association does not contemplate pecuniary gain or profit to the members thereof. The specific purposes for which this Association is formed are to provide for the maintenance, preservation and architectural control of the residence lots and Common Area within that certain tract of property described as:

Westridge Division No. I, as per plat recorded on July 2, 1984, under Kitsap County Auditors File No. 8407020114 in Volume 24 of Plats, pages 46 through 48, records of Kitsap County Washington, and Correction thereto recorded under Kitsap County Auditors File No. 8411210053 (hereafter referred to as “Plat of West ridge Division No.1”)

and to promote the health, safety and welfare of the residents within the above described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for the purpose to:

(a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as provided in that certain Amended and Restated Declaration of Covenants, Conditions and Restrictions (hereafter referred to as “Declaration”) applicable to the property recorded or to be recorded in the office of the Auditor for Kitsap

County, Washington, as the same may now exist or hereafter from time to time be amended;

(b) fix, levy, collect and enforce payment by any lawful means all charges or assessments pursuant to the terms of the Declaration and to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association;

(c) acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association;

(d) dedicate, sell, transfer or grant an easement over all or any part of the Common Area to any individual, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer;

(e) participate in mergers and consolidations with other non-profit corporations organized for the same or similar purposes or annex additional residential property and Common Area, provided that such merger, consolidation or annexation shall have the assent of two thirds (2/3) of each class of members; and

(f)  have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation law of the State of Washington (RCW 25.03 et seq) by law may now or hereafter have or exercise.

ARTICLE V

MEMBERSHIP

Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation.

Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment by the Association.

ARTICLE VI

VOTING RIGHTS

The Association shall have two classes of voting membership:

Class A. Class A members shall be all Owners other than the Declarant (as defined in the Declaration) of said Declaration. Class A members shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot.

Class B. The Class B member(s) shall be the Declarant (as defined in the Declaration). The Declarant (as defined in the Declaration) or its successor as owner of all lots then owned by the Declarant shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:

(a) when the total voted outstanding in a Class A membership equal the total votes outstanding in the Class B membership; or

(b) December 31, 1990.

ARTICLE VII

BOARD OF DIRECTORS

The affairs of this Association shall be managed by a Board of Directors who need not be members of the Association.

The number of Directors may be changed by amendment of the by-Laws of the Association. The names and addresses of the persons currently acting in the capacity of Directors are:

            NAME                                                            Address

David C. Stevens                             13244 Westridge Dr N.W.,                    Silverdale, WA 98383

Leon Bakeman 12980 Westridge Dr N.W.,                     Silverdale, WA 98383

Richard R. Roberge                        2213 Westridge Ct.,                                   Silverdale, WA 98383

Raymond Wolber                          13245 Westridge Dr N.W.,                     Silverdale, WA 98383

At the first annual meeting after the date of conveyance of the first lot to an owner other than one of the Declarants of the Declaration, the members shall elect three directors, one for a term of one year, one for a term of two years, and one for a term of three years. At each annual meeting thereafter, the members shall elect one director for a term of three years.

ARTICLE VIII

DISSOLUTION

The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class of members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes.

ARTICLE IX

FHA/VA APPROVAL

So long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional -properties, mergers and consolidations, mortgaging the Common Area, dedication of the Common Area, dissolution of the Association or amendment of these Articles of Incorporation.

IN WITNESS WHEREOF, the undersigned officer of this Association has executed these Revised Articles of

Incorporation on this 4th day of November, 1991.

(sig)

David C. Stevens Box 1023, Silverdale, WA 98383

On this 4th day of November, 1991, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared David C. Stevens to’ me known to be the individual described in and who executed the foregoing Revised Articles of Incorporation, and acknowledged to me that he signed said Articled of Incorporation as his free and voluntary act and deed for the uses and purposes therein mentioned.

WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.

(sig)

Notary Public for the State of Washington, residing at Silverdale 

APPENDIX D

WESTRIDGE HOMEOWNER’S ASSOCIATION

EASEMENT AGREEMENT – NORTH EASEMENT

The following document is a transcript of the agreement negotiated between the Westridge Homeowner’s Association and Arthur and Mary Schrom, original owners of the property affected by the north easement. The agreement is included because it is the primary governing document.

Other documents applicable to the North Easement;

• Easement Agreement dated April 7, 1992, Auditor’s File # 9204080020, Reel 0639, Frame 2455.
• Easement Agreement filed April 16, 1992, Auditor’s File # 9204160229, Reel 0641, Frame 2559.
• Declaration of Covenants for property benefiting from the North Easement, filed March 27, 1992, Auditor’s File # 9203270266, Reel 0637, Frame 2293.

AGREEMENT FOR EASEMENT

This agreement is entered into this 5TH day of August, 1991 by and between the Westridge Homeowners Association, a Washington Corporation (hereafter ”Westridge’), Arthur Schrom and Mary Schrom, husband and wife.

1. Schrom Ownership. Schrom is the owner of the real property described on Exhibit A attached hereto and incorporated herein by this reference (hereafter “the Schrom property’). Schrom warrants that there are no liens of encumbrances on the Schrom property other than as set forth on Exhibit B attached hereto and incorporated herein by this reference. Each holder of such a lien or encumbrance shall execute this Agreement and all documents executed to effectuate this Agreement.
   
2. Westridge Ownership. Westridge is the owner of the common areas of the Plat of Westridge, Divisions 1 and 2 as set forth on the plat map attached hereto as Exhibit C incorporated herein by this reference (hereafter tithe Westridge property”).
   
3. Settlement of Pending Dispute. Westridge and Schrom own adjacent parcels and arc in disagreement regarding an easement for access and egress to the Schrom property over and across a portion of the Westridge property. This agreement is intended to settle and resolve all issues between Schrom and Westridge regarding such easement.
   
4. Easement to be Granted to Schrom. Westridge shall execute an easement in favor of Schrom for the benefit of the Schrom property only. Such easement shall be only for access, egress and utilities. Such casement shall be 30 feet in width and shall be centered on the space indicated on the existing plat map of the Plat of Westridge as a water line & access easement. The easement shall be conditioned as follows:

4.1      Benefited Property. The only beneficiary of the easement shall be the Schrom property, the Westridge Property. No properties other than the Westridge property and the Schrom property shall be permitted to utilize the easement. Schrom must physically prevent, within the Schrom property, any access to easement from any property other than the Schrom property. If Schrom fails to so physically prevent such use, Westridge may physically prevent further use of the casement until such use has been physically prevented within the Schrom property. In the event access to the easement is improperly permitted by Schrom, Westridge may also elect to terminate the casement and bring a legal action to terminate the easement, quiet title to the affected property, and restrain further use of the easement. Any costs or attorney’s fees incurred by Westridge in connection with any such legal action shall be paid by Schrom.

4.2      Four Schrom Parcels. The easement shall be for the benefit only of four single family residences located on the Schrom property. The Schrom property shall be short platted substantially as indicated on Exhibit D. No more than four single family residences located on the Schrom property may utilize such easement.

4.3      Schrom Greenbelt. The Schrom short plat shall contain a 40 foot natural vegetation greenbelt along any portion of the common boundary between Westridge and Schrom. Westridge shall maintain, for the benefit of adjacent lot owners with the Plat of Westridge, its existing 50 foot greenbelt along the common boundary of the Westridge and Schrom properties for a total of 90 feet of greenbelt between the lots within the Plat of Westridge and the lots within the Schrom property.

4.4      Improvements in Easement. The paved portion of the easement shall not be widened beyond the presently existing pavement (approximately 20 feet). Utilities shall either be installed beneath the existing pavement or within the 30 foot easement outside of the paved areas. Any portion of the easement, paved or otherwise, disturbed by the installation of utilities shall be fully restored to its condition prior to the utility installation.

4.5      Road Maintenance Agreement. Use of the easement shall be subject to a Road Maintenance Agreement between and among the owners of the Schrom property requiring that the roadway within the easement created pursuant to this agreement be maintained in good condition and repair at the expense of the four Schrom lot owners.

1. Compensation to Westridge. Schrom shall pay to Westridge the sum of $1200. Such sum shall be immediately due and payable upon execution and delivery of the easement provided for herein.
2. Schrom Covenants. Schrom shall execute a covenant with Westridge and all lots in the Plat of Westridge as benefited properties. Such covenant be binding on Schrom and his successors in ownership of the Schrom property or any portion thereof and shall contain the following restrictions on the Schrom property together with all other and further restrictions imposed on the lots or the common areas of the plat of Westridge:

6.1       Four Lot Limitation. The covenant shall specify that the Schrom property shall be subdivided substantially as set forth in Exhibit C attached. The covenant shall specify that the Schrom property shall not be divided into more than four separate ownership. The covenant shall specify that the lots shall be used only for single family residences and that no more than four single family residences shall be located on the Schrom property.

6.2       Annual Dues In recognition of the services to be provided to the Schrom lots by Westridge in the use of the easement, including street lighting and the Westridge entrance each of the four Schrom lots shall annually pay to Westridge a sum equal to the annual dues and assessments paid by one lot of the Plat of Westridge. Any failure to pay such payment shall subject such lot and owner to all remedies provided in the Covenants of the Plat of Westridge for non-payment of dues or assessments due to the Westridge Homeowners Association including, without limitation, all provisions regarding liens and enforcement thereof.

6.3       Architectural Control Committee. Construction of the residences on the Schrom property shall be subject to all requirements applicable to lots in the Plat of Westridge regarding size, appearance, setback or other limitations, goals or conditions applicable to such construction. Such construction shall be subject to the review and requirements of the Westridge Architectural Control Committee in the same manner as such provisions are applied to lots in the Plat of Westridge pursuant to the Westridge Covenants.

6.4       Road Maintenance Agreement. The covenant shall specify that use of the easement shall be subject to a Road Maintenance Agreement between and among the owners of the Schrom property requiring that the roadway within the easement created pursuant to this agreement be maintained in good condition and repair at the expense of the four Schrom lot owners.

6.5       Hold Harmless. The Schrom lot owners shall defend, Indemnify and hold harmless Westridge and the Westridge lot owners from any claim or liability in connection with any use by any person of the easement.

6.6       Construction Period. The developer and contractors on the Schrom property shall minimize the clutter during the construction and development of the four (4) Schrom lots and minimize slash burning. All slash burning shall be done using approved EPA guidelines and standards. Developers and contractors on the Schrom property shall be liable for any damage to Westridge streets or property damaged during construction, including, without limitation, the existing pavement within the access and utilities easement.

6.7       Amendments to Schrom Covenants. The Covenants applicable to the Schrom property shall not be amended without the written consent of the Westridge Homeowners Association.

6.8       Benefits and Obligations Run With Land. The benefits and obligations of the easement and the covenants provided for herein shall run with the Westridge and Schrom properties and shall be binding on Westridge and Schrom and their respective heirs, successors and assigns.

DATED THIS 5th DAY OF August, 1991
WESTRIDGE HOMEOWNERS ASSOCIATION
BY David C. Stevens
TITLE President
(sig)

ARTHUR SCHROM
(sig)
MARY SCHROM

APPENDIX E

WESTRIDGE HOMEOWNER’S ASSOCIATION

EASEMENT AGREEMENT – WEST EASEMENT

The following document is a transcript of Court Order No. 90 2 010670, Stipulation and Judgment containing the terms of the agreement for access easement granted by the

Westridge Homeowner’s Association to William & Claire Burwell and Ms. Ellen Gregg, owners of the two properties to the west of Westridge II.

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR KITSAP COUNTY

WILLIAM M. BURWELL AND
CLAIR H. BURWELL, husband
and wife, and ELLEN GREGG,
a single woman

Plaintiffs

            

WESTRIDGE HOMEOWNERS
ASSOCIATION
Defendant

NO. 90 2 01067 0 STIPULATION AND JUDGMENT

            Plaintiffs having commenced this action to amend a certificate of dedication contained on the plat of Westridge Divisions No. 2 to include dedication of the 30 foot easement shown thereon to Plaintiffs for ingress, egress and utilities, and the above matter having been scheduled for trial on October 21, 1991, and the parties wishing to compromise and settle their dispute as to the existence of the aforesaid easement now therefore enter into the following Stipulation.

STIPULATION

This Stipulation is entered into by and between the Westridge Homeowners Association, a Washington corporation (hereafter “Westridge”), William Burwell and Claire Burwell, husband and wife and Ellen Gregg, a single woman.

1. Burwell and Gregg Ownerships. Burwell is the owner of the real property described on Exhibit A attached hereto and incorporated herein by this reference (hereafter “the Burwell property”). Gregg is the owner of the real property described on Exhibit B attached hereto and incorporated herein by this reference (hereafter “the Gregg property”). Burwell and Gregg warrant that there are no liens of encumbrances on the Burwell and Gregg properties.
2. Westridge Ownership. Westridge is the owner of the common areas of the Plat of Westridge, Divisions 1 and 2 as recorded in Vol. 24, pp 46 & 47 (Div. 1) and Vol. 25, pp. 23-26 (Div. 2) of plats, records of Kitsap County, Washington,
3. Settlement of Pending Dispute. Westridge, Burwell, and Gregg own adjacent parcels and are in disagreement regarding an easement for access and egress to the Burwell and Gregg properties over and across a portion of the Westridge property which easement has been claimed to exist in the location designated on the plat of Westridge extending generally Westerly through Lot 68 from Westridge Rd. immediately North of Lot 56 of the plat of Westridge. This Stipulation and the Judgment entered pursuant to the Stipulation is intended to settle and resolve all issues between Burwell,Gregg and Westridge regarding such easement.
4. Easement to be Granted to Burwell and Gregg. Westridge shall execute an easement in favor of Burwell and Gregg for the benefit of the Burwell and Gregg properties only. Such easement shall be only for access” egress and underground utilities. Utilities shall be deemed to include cable television. Such easement shall be 30 feet in width and shall be substantially centered on the space indicated on the existing plat map of the Plat of Westridge as an access & utility easement. The easement shall be conditioned as follows:

4.1 Benefited Property. The only beneficiaries of the easement shall be the Burwell and Gregg and Westridge properties. No properties other than the Westridge property and the Burwell and Gregg properties shall be permitted to utilize the easement. Burwell and Gregg must take all reasonably available actions to physically prevent, within the Burwell and Gregg properties, any access to the easement by anyone passing through the Burwell or Gregg properties from any property other than the Burwell and Gregg property. Burwell and Gregg shall be separately responsible for so restricting access to the roadway across their respective parcels.

If Burwell or Gregg fails to so physically prevent such use, Westridge may give such owner written notice of the failure to comply with this term of the Stipulation. If such non-compliance is uncorrected within 30 days following such written notice Westridge shall be entitled to commence an action against such Owner to enforce the terms of this Stipulation. In the event of any such action Westridge shall be entitled, if Burwell or Gregg is found not to have taken all reasonably available actions to physically prevent such access, to a mandatory injunction requiring such owner to establish the physical barrier to access to the easement from properties other than the Burwell and Gregg properties as well as an injunction prohibiting unauthorized use of the easement. In the event of any such action the prevailing party shall be entitled to an award of reasonable attorney’s fees.

In addition the owner or owners so failing to exercise all reasonably available physical or legal methods to prevent such unauthorized access across their properties to the easement granted herein shall be liable for payment to Westridge of the sum of $25.00 per day for each day of such unauthorized use following such written notice which sum shall represent liquidated damages payable to Westridge in connection with such unauthorized use. The parties agree that the actual damages which would be suffered by Westridge in the event of such unauthorized use are and would be difficult to calculate and that such liquidated damages are a fair approximation of such actual damages.

The daily amount of such liquidated damages shall be increased annually by 5% on the anniversary date of this Stipulation.

4.2   Four Burwell and Two Gregg Parcels. The easement shall be for the benefit only of four single family residences located on the Burwell property and two single family residences located on the Gregg property. The Burwell and Gregg properties shall be short platted substantially as indicated on Exhibit D. No more than four single family residences located on the Burwell property nor more than two such residences on the Gregg property may utilize such easement.

4.3 Improvements in Easement. The roadway in the disputed easement area shall not be widened beyond 20 feet unless additional width is required by Kitsap County.

4.4 Road Maintenance Agreement. Use of the easement shall be subject to a Road Maintenance Agreement between and among the owners of the Burwell and Gregg properties requiring that the roadway within the easement created pursuant to this Stipulation and the Judgment entered pursuant to this Stipulation be maintained in good condition and repair at the expense of the four Burwell lot owners and the two Gregg lot owners. In the event of any improvements to the Westridge property which result in any significant vehicular use of the roadway by the Westridge lot owners, Westridge shall join in the Road Maintenance Agreement.

4.5 Road Signs. The road to the Burwell and Gregg properties may be marked by one sign consistent with the ordinary Kitsap County street signs existing in other locations in the Plat of Westridge. No other signs other than road safety signs may be placed within the easement by Burwell or Gregg.

4.6 Mailboxes. The residents of the Burwell and Gregg properties may locate mailboxes adjacent to those located on Westridge Boulevard. Such mailboxes shall be located and erected in manner substantially identical to the mailboxes for the residents of the Plat of Westridge including the covered structure holding the mailboxes.

1. Revision of Easement Location. The easement location shall be altered at its Eastern end to move the easement and roadway to the North in a location to be specified by the Westridge Homeowners Association which location shall be North of the existing road and South of the existing storm water retention facility. The easement and roadway shall then be revised to join the existing portion of the easement and road located generally Southwest of the storm drainage facility.

The easement location may be altered at its Western end to move the Western terminus of the road to the North not more than 31.26 feet. In such event any alteration of the road location shall be accomplished within 35 feet of the Burwell-Gregg East boundary.

5.1  Submittal of Plan. Within 90 days following execution of this Stipulation and entry of the Judgment to be entered pursuant to the Stipulation, Burwell and Gregg shall submit to Westridge a plan for relocation and reconstruction of the Eastern and Western portions of the easement and roadway as specified above. Such plan shall generally show the location and grade of the proposed easement and the location and grade of the entrance to the storm water retention facility.

5.2 County Approval. Burwell and Gregg shall be responsible for securing Kitsap County approval for any revisions to the entrance to the storm water detention facility and for making any revisions to the location or construction of the gate to such facility in connection with the work to be performed by Burwell and Gregg.

5.3  Review of Plan by Westridge. Westridge must review the plan submitted by Burwell and Gregg within 60 days following submittal and shall disapprove the plan in the event that it fails to locate the road and easement pursuant to this Stipulation and pursuant to the location selected by the Westridge Homeowner’s Association. In the event of such disapproval, Westridge must so notify Burwell and Gregg in writing within such 60 day period and shall state the reasons for any such disapproval and the changes necessary to make such plan conform to the Stipulation.

5.4  Access to Storm Water Retention Facility. In the event that Kitsap County requires a vehicle turn-around in the vicinity of the storm water retention facility to serve Kitsap County or other vehicles doing maintenance work on such facility, and in the event that Kitsap County determines that such turnaround cannot be accommodated within the 30 foot easement, the easement shall be amended to accommodate such required turnaround.

5.5  Revision of Easement. Following review and adoption of the plan for the easement and roadway revision, Burwell and Gregg shall secure a legal description for the revised easement from a licensed surveyor, the parties to this Stipulation shall thereafter execute a supplement to this Stipulation and to the Judgment entered pursuant to this Stipulation describing such revised easement location which shall thereafter be subject to all of the terms and conditions set forth herein.

5.6  Cost of Construction. Burwell and Gregg shall be responsible for all cost of construction of roadway in the revised easement and shall defend, indemnify, and hold Westridge harmless from all claims or liability in connection with such construction together than claims arising from acts of the West ridge Homeowners Association or the Westridge lot owners.

1. Burwell and Gregg Covenants. Burwell and Gregg shall execute covenant with Westridge and all lots in the Plat of Westridge as benefited properties. Such covenant shall be binding on Burwell and Gregg and their successors in ownership of the Burwell and Gregg properties or any portion thereof and shall contain at least the following restrictions on the Burwell and Gregg properties.

6.1 Lot Number Limitation. The covenant shall specify that the Burwell and Gregg properties shall be subdivided substantially as set forth in Exhibits C and D attached. The covenant shall specify that the Burwell property shall not be divided into more than four separate owner ships and that the Gregg property shall not be divided into more than two owner ships. The covenant shall specify that the lots shall be used only for single family residences and that no more than four single family residences shall be located on the Burwell property nor more than two single family residences on the Gregg property.

6.2 Annual Dues. In recognition of the services to be provided to the Burwell and Gregg lots by Westridge in the use of the easement, including street lighting, the Westridge entrance, and the school bus shelter, each of the four Burwell and two Gregg lots shall annually pay to Westridge a sum equal to the annual dues paid by one lot of the Plat of West ridge provided that such annual per lot fee applicable to the lots lying within the Burwell and Gregg properties may not exceed $50 which maximum may be increased by not more than 5% per year. Any failure to pay such payment shall subject such lot and owner to all remedies provided in the Covenants of the Plat of Westridge for non-payment of dues or assessments due to the Westridge Homeowners Association including, without limitation, all provisions regarding liens and enforcement thereof. The lots on the Burwell and Gregg properties shall not be liable for payment of dues until such lot has either been transferred out of the ownership of Burwell or Gregg or been the subject of an application for a building permit, whichever occurs earlier.

6.3 Architectural Control Committee. Such construction shall be subject to the review and requirements of an Architectural Control Committee consisting of the owners of at least three of the Burwell-Gregg lots which Architectural Control Committee shall make good faith effort to apply the covenants applicable to the Burwell and Gregg properties.

6.4 Road Maintenance Agreement. The covenant shall specify that use of the easement shall be subject to a Road Maintenance Agreement between and among the owners of the Burwell and Gregg properties requiring that the roadway within the easement created pursuant to this Stipulation be maintained in good condition and repair at the expense of the four Burwell and two Gregg lot owners provided that Westridge shall participate in such road maintenance if any future improvement to the Westridge property results in significant vehicular use of the roadway by the Westridge lot owners.

6.5 Road Safety and-Hold Harmless. Burwell and Gregg shall post and enforce a speed limit of 20 miles per hour on the easement road and shall, if reasonably necessary to secure compliance locate and maintain speed bumps on the roadway in locations designed to secure such compliance. The Burwell and Gregg lot owners shall defend” indemnify and hold harmless Westridge and the Westridge lot owners from any claim or liability in connection with any use by any person of the easement other than claims or liabilities arising from acts of the Westridge Homeowners’ Association or the Westridge lot owners.

6.6 Construction Period. The developer and contractors on the Burwell and Gregg properties shall minimize slash burning. All slash burning shall be done in conformance with all applicable governmental rules and regulations. Developers and contractors on the Burwell and Gregg properties shall be liable for any damage to Westridge streets or property damaged during construction, including, without limitation, the existing pavement within the access and utilities easement.

6.7 Amendments to Burwell and Gregg Covenants. The Covenants applicable to the Burwell and Gregg properties imposed pursuant to this Stipulation shall not be amended without the written consent of the Westridge Homeowners Association.

6.8 Prohibited Activities on Burwell and Gregg Properties. In addition to any other prohibitions stated elsewhere, the following shall be prohibited activities on the Burwell and Gregg properties:

6.8.1 Farming. The properties may be used for single family residences with ordinary household pets but not more pets or other animals than is now permitted by the Kitsap County Zoning Ordinance in residential zones.

6.8.2 Residential Purposes. All lots shall be known and described as residential lots and used exclusively for residential purposes with detached single family dwellings. No commercial structures or enterprises of any kind may be located on the properties; provided that an occupant conducted business conducted wholly inside a residential structure is permitted if there are no exterior signs or storage of any kind, no on site business visitors or customers and no on-site employees other than occupants of the residence.

6.8.3 Storage of Vehicles or Miscellaneous Junk or Clutter. No abandoned vehicles or materials or equipment may be stored on the Burwell and Gregg properties.  Any vehicle which has not been licensed, registered, and operational within the preceding four month period shall be deemed abandoned for purposes of this provision.

6.8.4 Mobile Homes. No mobile homes or factory constructed housing units may be located or stored on the Burwell and Gregg properties.

6.8.5 Waste Disposal. No portion of the Property shall be used as a dump for trash or rubbish of any kind. All garbage, trash and other waste shall be kept only in approved sanitary containers for property disposal. Yard raking, such as rocks, dirt and other materials, shall not be dumped into public streets or ditches. All incinerators or other equipment for the storage or disposal of any such material shall at all times comply with the ordinances and statutes of the municipality, county, and state and kept in a clean, neat and sanitary condition. The removal and disposal of all such materials shall be the sole responsibility of the homeowner.

6.8.6 Temporary Residences. No trailer, basement, tent, shack, garage, barn or other outbuildings erected or placed in tract shall at any time be used as residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.

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

6.8.8 Minimum Size. Each residence shall contain not less than 1,400 square feet, exclusive of open porches, carports and garages. Not more than one garage, whether or not detached, shall be constructed upon any Lot.

6.8.9 Mining. No oil drilling, oil development operations, oil refining” quarrying or mining operations of any kind shall be permitted upon or in any Lot nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any Lot.

6.8.10 Subdividing. The Burwell and Gregg properties may not be further subdivided following creation of the four Burwell Lots and the two Gregg Lots.

6.8.11 Enforcement. The Westridge Homeowners Association or any lot owner of the Burwell or Gregg Lots or any lot owner of the Westridge Lots shall have the right to enforce any provisions of the Covenants or to recover damages resulting from any violations thereof by any proceeding at law or in equity. Failure to enforce any provision herein shall in no event be deemed a waiver of the right to thereafter do so. In the event of any lawsuit brought to enforce any provision of this Declaration or to recover damages resulting from any violation thereof, the prevailing party shall be entitled to recover the reasonable litigation expenses.

1. Compensation for Easement. Burwell and Gregg shall pay the Westridge Homeowners Association $2000.00 for execution of the easement subject to the terms and conditions herein.
2. Benefits and Obligations Run With Land. The benefits and obligations of the easement and the covenants provided for herein shall run with the Westridge, Burwell and Gregg properties and shall be binding on Westridge, Burwell and Gregg and their respective heirs” successors and assigns. Because the obligations run with the land, Burwell and Gregg shall not be personally responsible pursuant to this Stipulation with respect to liabilities incurred or accruing following their sale of their respective properties.

DATED THIS 23rd DAY OF October, 1991
WESTRIDGE HOMEOWNERS ASSOCIATION
BY David C. Stevens (sig)
TITLE President

William Burwell (sig)
Ellen Gregg (sig)
Claire Burwell (sig)

Thomas C. 0 ‘Hare (sig)
Smith, O’Hare, Crane & Mesenbrink Attorneys for Defendant

Peter Matty
Matty & Templeton Attorneys for Plaintiffs

EXHIBIT A

That portion of the Northeast quarter of the Southwest quarter of Section 4, Township 25 North, Range 1 East, W.M., in Kitsap County, Washington, lying easterly of Clear Creek and northerly of an existing fence as described in a quit-claim deed recorded under Auditor’s File No. 1035236.

(assessors account no. 042501-3-013-2001)

APPENDIX F

CURRENT YEAR OFFICERS

BOARD MEMBERS

President . . . . . . . . . . . . . . . Geri Olson
Vice-President . . . .. . . . . . .                      
Secretary . . . . . . . . . . . . . . . Laurel Butterton
Treasurer  . . . . . . . . . . . . . . . Joyce Rossi
At Large . . . . . . . . . . . . . . . . Deanna Salmon

ARCHITECTUAL CONTROL COMMITEE

Jim Scutt – – – Robert Butterton – – – Wuffie Lovette