Protective Covenants

Fox Hill Homeowners' Association
Olympia, Washington

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Current Covenants, Conditions and Restrictions
 Filed in Thurston County for Fox Hill

Article 9 - Protective Covenants
Full Text Following Amendment  May 9, 2011
Recently changed language is underlined.


CCRs - Articles 1-8

CCRs - Article 9

CCRs - Articles 10-13

Printable PDF File


Article IX
9.1 Duties of Each Homeowner

Each owner shall maintain the following portion of that owner's property in a good. clean, attractive and sanitary condition, and shall maintain subparagraphs b, c. and d herein iin accordance with the architectural standards established by the Association, the ACC, and in accordance with the terms of the Declaration:

a. The interior of the building;
b. The exterior of the building, including painted or stained surfaces. roofs, roof
gutters, catch basins and other storm water drains;
c. Any wall, fence, deck, structure, improvement or outdoor lighting located on the lot; and,
d. All yard landscaping, including trees adjacent to the street, the swale area adjacent to the street, and the remaining portions of the lot.

9.2 Duties of the Sub-Developer/Contractor and Lot Owners

Except with the prior written approval of the ACC, no building shall be erected, altered. placed or committed to remain upon any lot other than a house which consists of one single family residence. No prefabricated residences of any type shall be permitted, nor shall any existing residences, whether new or used, be moved onto the property. The main structure of each residence shall be constructed in place on the lot. Such residence shall conform to all codes and ordinances of Thurston County or other applicable jurisdictions.

The ACC may allow the construction and maintenance of a temporary sales office in the subdivision as an exception to these provisions provided that such sales office is removed upon completion of sales of all of the lots in the subdivision. Furthermore, building types are
restricted and limited as follows:

a. Type -
All structures to be constructed on any lot must be one single-family residence and any associated detached storage or outbuildings as approved by
the ACC.

b. Square footage - The ground floor area of a one-story structure on a lot, exclusive of one story open porches and garages, shall be not less than 2000 square feet. In the case of multi-level or two story residences, the floor area for the main floor, exclusive of open porches and garages, shall be not less than 1,200 square feet. The overall square footage for a two-story shall not be less than 2,000 square feet.

c. Placement of home - No building or structure, including porches and garages shall be erected, placed or maintained on any lot less than 20 feet from the front line of the lot. All houses must face the front of the lot, unless approved by the ACC. No building or structure, including porches and garages shall be erected, placed or maintained on any lot the setback distance required by Thurston County

d. Garages - Each newly constructed house shall be required to have at least an attached two-car. Garage doors shall be of quality, roll-up type. No carports shall be allowed, unless a design is submitted and/or approved by !the ACC and Board of Directors. No basketball hoop shall be allowed on the garage or front of the house or in view from the street, unless approved by the ACC. No portion of the garage area shall be used or converted to temporary or permanent living space without written approval of the ACC.

e. Siding / Stone or Brick Accents - Lap siding shall be utilized on all sides of the home. Acceptable siding on the front, sides and back include horizontal lap siding in cedar, "Hardie board", or other composite type lap siding. Brick or Stone shall be utilized on the front of the home on at least twenty percent (20%) of the front facade. Use of wood or composite scallops, shakes, or board and batt type accent elements shall be permitted on gables or as
approved by the ACC.

f. Roof - No roof less than 6 x 12 pitch shall be utilized in any area exposed to public view. Roofs greater than 6 x12 are strongly encouraged by the ACC. Material allowed on roofs will be earth tone architectural-grade dimensional composition roofing, shakes or tile, and when tile is utilized, the color of tile must be approved by the ACC

g. Fencing -
No fences shall be erected without written approval of the ACC. Fences may be placed only in rear yards, cannot exceed six feet in height and must be constructed of wood and meet design criteria, which criteria shall be established by the ACC. The vinyl split rail fence at the entrance shall be permissible. The fences shall not detract from the appearance of the dwellings located on adjacent lots or be offensive to any other owner within the property. Vinyl chain link fence is permitted so long as it is not over four (4) feet in height and is not visible from the street. Other fence materials may be allowed with the permission of the ACC.

h. Lighting -
Each house shall be required to have at least two lights on the front of their garage. No flood lights whatsoever shall be allowed on the front of any residence. Any flood lights on the sides or back must be equipped with properly functioning motion sensors that turn off after no more than one minute. Each driveway shall have one (1) post light within ten (10) feet of the driveway and ten (10) feet from the front property line. Post light specifications and installation shall be approved prior to installation by the ACC.

i. Stains and paints - Houses may only be covered in solid body stain or paint.
All exterior colors shall be of the flat and non-gloss type paint. All color schemes must be submitted to the ACC for approval as must all colors for proposed repainting or re-staining of the houses for the duration of this Declaration unless the owner is repainting or re-staining with a color previously approved by the ACC for that house

j. Identification numbers - Each house shall be required to have identification numbers at a size and style to be suggested by the ACC.

k. Utilities - All utilities shall be installed underground.

I. Exterior doors - The design for all exterior doors shall be approved by the ACC.

m. Antennas - No dish or other type of exterior antenna or receiver shall be allowed on any lot or building in any manner, which is exposed to public view, unless, approved by the ACC.

n. Downspouts/Gutters - All downspouts, gutters or storm collection devices shall be connected to an operating infiltration system in accordance with Thurston County Code. There shall be no splash blocks. It is the responsibility of each lot owner to design and maintain the drainage of the
yard so as to not allow any water to drain on to an adjoini ng lot. Grading, berms, or french drains shall be used to meet this requirement. I

o. Garbage and refuse - No lot, tract, street or ditch shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate sanitary containers for proper disposal and shall be screened from view except when placed out for pick up on that day. Disposal of water, yard rakings such as rocks, lawn and shrubbery clippings, garbage, dirt or other materials onto adjoining lots, tracts, streets or ditches is strictly prohibited and shall be subject to a $500.00 fine per occurrence by the ACC and payable to the Association. The removal and disposal of all such materials shall be the sole responsibility of the individual owner.

p. Driveway standards - All driveways shall be constructed of concrete and be at least 16 feet wide unless otherwise approved by the ACC. No maintenance shall be performed upon any form of vehicle, boat, trailer and like vehicles and equipment on any lot unless housed within a garage.

q. Landscaping -
At the time of Final Certificate of Occupancy or at occupancy of the home, whichever is first, the Owner/Builder shall be required to landscape, at a minimum, the front yard of the Lot from the front of the home up to the asphalt of the street. Typical landscaping shall include grass in addition to bark, other suitable ground cover and plants or trees. The grass lined swale on the front of each lot adjacent to the roadway shall be maintained as a grass swale as required by Thurston County. Lot landscaping shall include all adjacent public rights-of-way out to the edge of the asphalt in the public street which includes the grass lined swale. Any damage to the grass lined swale shall be corrected prior to occupancy of home. Each lot Owner shall be responsible for installing and maintaining the landscaping within this adjacent right-of-way.

Note: The Thurston County drainage manual is located at:

Rear yard landscaping must be completed within one­ hundred and twenty (120) days of the closing of the home or the completion of construction, unless extension is requested in writing and granted by the ACC. The front, side and rear yards shall be maintained in accordance with the provisions stated within the Declaration. Yards shall be mowed, watered, and fertilized to maintain overall quality look. If the yard is not maintained to the standards required by the ACC, the ACC, or the Board of Directors, or its agents, may enter on the Lot to maintain at the owners' expense. In the event of legal action by the Association to enforce the provisions of this Section or collect Association expenses for maintenance or repair, said action shall be governed by the provisions of Section 11.2.

r. Completion of Construction - All construction shall be completed within 12 months of the commencement of construction for each lot, unless permission is granted by the Board of Directors to delay construction. Construction is completed when substantially all construction related activities have been completed and the home has passed all inspections required by federal, state or local governments. However, construction shall not be complete until the house is complete as to its external appearance including finishing all painting or staining activities.

s. Entrance - The Association shall be required to maintain the entrance to the property constructed by the Declarant. This maintenance shall include maintaining the sprinkler system, the split rail fencing, the landscaping, project entry signage, plantings, entrance gate and any other improvements at the entrance/ gate area.

t. Parking - No recreational vehicles, boats, commercial vehicles, construction vehicles, trailers, or disable vehicles shall be allowed to be parked or stored on any lot or street for a period in excess of 24 hours in any week, unless enclosed within an approved structure or screened area approved by the Board of Directors, which structure or screen shall be in the rear of the front line of the residence upon the lot. The Board of Directors shall have full authority to require removal of any vehicle parked or stored in violation of these covenants, and to remove it, if that vehicle is not removed by the owner within three business days of giving notice to the lot owner on which the vehicle is located. No vehicle shall be parked except on approved hard surface areas designated for parking.

u. Pets - Owners or Occupants are permitted to keep dogs, cats, birds, other domesticated house pets (collectively, "Pets") on Lots provided; that (1) such pets shall be exclusively for personal, non-commercial uses, and of such number and of such types as are consistent with the use of the Lot as a residential neighborhood for single-family residents and not farms. (2) no Owner or Occupant may cause, permit or allow any Pets to roam, run, stray or be away from the Lot of such Owner or Occupant unless such Pet is on a leash, or otherwise controlled and/adequately supervised; and (3) no Pet may be kept on a Lot unless in full compliance with all applicable laws and
regulations. Any animal found roaming, running, straying or being away from its owner's Lot, as herein provided, will and is hereby declared to be a nuisance, and such animal may be seized and impounded pursuant to the applicable ordinance of Thurston County and/or any other public municipality that might annex the Property. No Owner or Occupant may permit his or her Pets to make excessive noise, at any times. All Owners or Occupants who keep Pets shall pick up and properly dispose of all waste deposited by their Pets at any location on the Property. All pets must be kept off the other lots in the Property. All complaints must be made first to the owner of the pet and then to the Board. For any cause discussed in this paragraph, the pet may be removed by the Board as provided below. Any pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the property on fifteen (15) days written notice from the Board. Any dispute as to the raising or keeping of domestic pets shall be submitted to the Board, and final decisions of the Board in such matters shall be final. If the Board determines that an animal must be removed from the property, and if the owner refuses to remove the animal, the Board or its agent or representative may enter on the lot to remove the animal. The Board may also remove any animal within three (3) days of notice being given by the Board to the owner of the animal if the Board determines the animal is creating a potential danger based on its disposition or any prior action of that animal. The Owners or Occupants of Lots 66, 67, 68 and 69 shall be permitted to have farm type animals so long as these animals do not become a nuisance to the other Owners.

v. Signs - No sign of any kind shall be erected, posted, painted or displayed on any lot whatsoever, except that any owner or that owner's agent wishing to sell that owner's lot or house may place one sign, not larger than thirty inches high and thirty inches long, on the lot itself.  However, the Association may post signs as needed in order to conduct the business of the Association, the
maintenance of which will be the responsibility of the Association pursuant to
paragraph 9.2(s) above.

w. Nuisances - No noxious or undesirable thing, or noxious or undesirable use, shall be permitted or maintained within any house, or on any portion of the property. If the Board of Directors determines that a thing or use is undesirable or noxious, that determination shall be conclusive. Likewise, all owners and their guests shall be considerate of all owners and shall limit noise from radios, televisions, lawn mowers, etc., according to any rules and regulations established by the association. Violation of any such rule or regulation shall be deemed a nuisance.

x. Business and commercial use of property prohibited - No trade, craft, business, or manufacturing enterprise, or business or commercial activity of any kind shall be conducted or carried out in any house, garage, or within the property itself; except, under special circumstances and on a case by case basis when permission is requested from the Board and approval granted. Permission to operate a business or commercial activity may be conditioned upon reasonable rules and regulations and, upon failure to abide by such rules and regulations, permission can be revoked by the Board. The above use prohibition, excludes business activity conducted by an individual property owner when the business has no employees or customers traveling to the owners property. In any event, goods equipment, vehicles (including buses, trucks and trailers of any description), and/or materials or supplies used in connection with any trade, service or business, or any vehicle in excess of 6,000 pounds gross weight which is used for private or public purposes shall not be kept, parked or stored outside, on or about any lot.

y. Temporary structures - No trailer, basement, tent shack, garage, barn or other outbuilding, or any structure of a temporary character erected or placed on the property shall at any time be used as a residence, even temporarily. No building or structure shall be moved onto the property from any land outside the property. A temporary sales office shall be allowed as an exception to this paragraph pursuant to the provisions of Article IX, Paragraph 9.2 above

z. Water supply - No individual water supply system shall be permitted on any lot with the exception of Lots 66, 67, 68 and 69.

aa. Division of lots - No lot shall be divided for the purpose of sale or lease, unless a lot is divided for the purpose of revising a boundary line, which revision shall be subject to the approval of the ACC. However, no lot can be divided for the purpose of creating creating more lots with the exception of;Lots 66, 67, 68 and 69.

bb. Use during construction - Except with the approval of the ACC, no person shall reside on the premises of any lot until such time as the improvements to be erected thereon are erected in accordance with the plans and specifications approved by the ACC. I

cc. Drainage - Except with the approval of the ACC, the natural drainage of any lot shall not be changed and shall be controlled in accordance with these covenants.
Requests to modify, develop, and/or alter a lot's drainage system or swales will be evaluated by the ACC to ensure compliance with Thurston County's most recent Drainage Manual. Homeowners are required to submit and ACC application for any and all modifications to the drainage of their lot, drainage system, drainage plans and swales. The use of check dams are authorized but must be constructed and erected as required by Thurston County.

dd. Excavation - Except with the permission of the ACC, or except as may be necessary in connection with the construction of any improvement, no excavation shall be made nor shall any dirt be removed from any lo1t herein.

ee. Cleanup and Repairs -The Owner, Builder and/or the Sub-Contractor shall be responsible and pay for street clean up and/or damages to the plat, improvements within the Development caused in connection with the construction on the lot.

ff. Authority to Adopt Additional Rules and Restrictions - The Association shall have the authority to adopt additional written rules and restrictions governing the use of the property, provided such rules and restrictions are consistent with the purpose of the Declaration. The Association shall also have authority to establish penalties for violations of those rules and restrictions. If rules and restrictions are adopted, they along with the established penalties, shall be available to ail members upon request. Furthermore, in any dispute regardng the rules and regulations, the prevailing party shall recover costs and reasonable attorney's fees, including those for appeals.

gg. Propane Tanks - Any propane tank installed on a lot must be either buried underground or placed behind a sight obscuring 6' wood fence that is no closer to the street than the front facade of the home or garage whichever is closer to the street.

hh. Heat Pumps - The electrical system of the subdivision has been designed for each home to have a heat pump that does not exceed 4.0 tons and 94 LRC or LRA. For any heat pump installation that exceeds these maximums the builder or homeowner shall contact PSE and notify them of a change to the system maximum. If PSE charges additional costs for a larger heat pump, this
cost shall be the sole responsibility of the builder or homeowner.

ii. Hazardous Trees –General Provisions.
This policy does not apply to the removal of trees abutting Fox Ridge Lane SE, the emergency access to Joelle Lane SE, or within a designated storm water drainage basin or swale. It further does not apply to Knotweed, Scotch Broom, blackberry and English Ivy, and any plant listed as a noxious weed by Thurston County.

It is difficult to distinguish between species of trees so each shall be considered and treated similarly.

It is prohibited to remove or destroy any tree from Association Property by cutting, girdling, re- grading, interfering with its water supply, applying chemicals or distortion of its visual proportions by topping, etc., any tree for any reason, without the Association’s prior written approval as set forth herein.

The Association shall not be liable for damages if the Association was not given prior written notice of such risk and a reasonable time to remedy that risk.

Failure of the Association to strictly comply with these time frames and procedures shall not grant the applying Association Member the right to cut down a tree. These time frames and procedures represent what the Association believes to be adequate and reasonable time to inspect and address reported risks from trees on Association Property.

Requests for Cutting Down a Tree.
If an Association Member has concerns about the health or safety of a tree on Association Property, the Association Member shall complete the 'ACC Request Form' and submit it to the Board to request the removal of a tree. The request should (i) identify the tree, and (ii) describe in detail why the Association Member believes the tree is an imminent danger to passers-by or personal property.

If there might be difficulty identifying the involved tree, the Association Member should also tie a ribbon on a limb or around the trunk of the tree or otherwise identify the tree in a manner that does not damage or alter it so that the Association may locate and inspect it.

Once a request is received by the Association:

1. The Association’s designated representatives will make a site visit within ten (10) calendar days to assess the situation;

2. Photographic documentation shall be taken during the site visit;

3. When considering the need for cutting down a tree, the following assessment will be made: ? Is the tree dead, diseased and/or damaged? ? Does the tree pose an imminent danger to people or property? ? Is the tree causing harm to an Association Member’s property?

The Association shall make its determination within forty (40) calendar days of its inspection. The Association may, at its option, have a licensed/certified Forester conduct a formal inspection as to the condition of the tree. In order to ensure an unbiased and impartial perspective, the Forester shall not be a Member of the Association or affiliated with a Member of the Association.

If other alterations of the tree instead of cutting it down may remedy the concerns, the Association will consider such other options. If the Association concludes that the tree should be removed or altered, such work will be done as soon as practicable, but no later than sixty (60) calendar days from the Association notifying the requestor. The cutting down or altering of the tree shall be completed by an insured company contracted by the Association. Alternatively, with written consent of the Association, the Association Member has the option of cutting down or altering the tree as instructed by the Association, at such Association Member’s own expense and risk and with the express understanding that such Association Member will indemnify, defend and hold harmless the Association from any damages or claims resulting from the same.

Penalty for Violation.

Any Fox Hill Homeowner (“Association Member”) who violates this policy is subject to a penalty of $1500 for each tree impacted. The penalty shall be in addition to rather than in lieu of any civil liability for trespass that may apply and shall paid to the Association within sixty (60) days of notice of the violation. Failure to timely pay such fine and penalty will add another monthly fine and penalty of $100 per tree until such time as the fines and penalties are paid in full.

Taxable costs, reasonable attorneys' fees, and all other costs and expenses incurred, should legal action be required to collect such fines and penalties, shall also be awarded to the prevailing party. The HOA Board has the right to enforce this policy on behalf of the Association and shall be entitled to be reimbursed its taxable costs, reasonable attorneys' fees, and all other costs and expenses incurred should the Association be the prevailing party in a legal action to collect such fines and penalties.

Emergency Situation.

This Emergency Situation Policy exists with the understanding that extreme weather and other conditions may arise in rare circumstances that require immediate action to deal with trees threatening imminent danger to passers-by or property. One example is the “leaner” - a tree literally tilting over or about to fall on an Association Member’s property.

In such emergency situations, an Association Member may cut down or alter a tree on Association Property without following normal procedures outlined in this Policy after making reasonable efforts to: 1) notify the Board of the Association by phone and email; and 2) make reasonable, best efforts to preserve evidence and create a record that allows the Association’s independent, non- Member tree expert to verify that the tree needed to be cut down due to the emergency circumstances. An Association Member shall report cutting down a tree or alterations made under emergency conditions in writing to the Association on the first business day following the emergency work.

If the Association determines on the facts presented and known to it that the work performed was not necessary to address such an imminent danger, the fines and penalties against the Association Member as set forth above shall be imposed. The failure to use reasonable, best efforts to preserve evidence and create a record that allows the Association’s independent, non-Member, tree expert to verify the tree needed to be cut down or altered shall constitute adequate evidence for imposing the fines and penalties set forth above against the Association Member.

jj. Gravel Barriers –Homeowners are required to maintain a 5/8 minus compacted crushed gravel barrier with a negative grade extending away from the roadway towards each home with a distance of at least 18 inches to each lot's (water) drainage system. Nothing shall be placed on top or around the gravel barrier will impede the flow of water from the asphalt. With prior approval from the ACC, “river rock” or other rock material can be placed on top of the 5/8 minus compacted crushed gravel barrier; approval consideration will align with protecting, preserving, and enhancing property values in the community. Home owners need to submit a completed ACC Application before any lot landscaping proposals will be considered. This covenant does not apply from the entry way up to the top of the hill where the road is 30’ feet wide.

9.3 Convicted Sexual Offenders

The occupancy of any home in this subdivision is prohibited to any person convicted of a sex offense pursuant to the following statutes in Washington or similar statutes in other states or countries: those offenses include but are not limited to RCW 9A.44.130; RCW 9A.44.130; persons who are under the jurisdiction of the indeterminate sentence review board as the result of a sex offense or kidnapping offense; persons who have been committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath, under chapter 71.06 RCW; persons who have been found not guilty of a sex offense or kidnapping offense by reason of insanity under chapter 10.77 RCW; persons who have been found incompetent to stand trial for a sex offense or kidnapping offense and subsequently committed under chapter 71.05 or 71.34 RCW; persons who have been convicted of voyeurism as defined by RCW 9A.44.115; provided however, that if this covenant is found to be unconstitutional or otherwise unlawful, this covenant is severed from the balance of covenants, conditions, and restrictions, which shall continue to be lawful.

9.4 Sanctions for Failure to Maintain Drainage Facilities

In the event the Association in the judgment of Thurston County, fails to maintain the drainage facilities within the plat, or if the Association willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Association agrees to the following remedy: After 30 days notice by registered mail to the Association, Thurston County may correct the problem or maintain the facilities as' necessary to restore the full design capacity of the drainage system. Thurston County will bill the Association for all costs associated with the engineering and construction of the remedial work. Thurston County may charge interest as allowed by law from the date of completion of construction. Thurston County will place a lien on the property and/or on lots in the Association for payment in arrears. Costs or fees incurred by Thurston County, should legal action be required to collect such payments, shall be borne by the Association. Recorded under a separate auditors file number is the Stormwater Maintenance Manual for Summerwood.

Note: The Thurston County drainage manual is located at:

9.5 Integrated Pest Management Plan (IPMP)

An IPMP is attached hereto as Exhibit ''B". It is the responsibility of the Association and the lot owners of this plat to read, understand and abide by the IPMP.



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