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
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
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
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
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.
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.
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.
- 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: http://www.thurstoncountywa.gov/sw/swdocuments/dm-current-2016-drainage-manual.pdf
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.
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
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.
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
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
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
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
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
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
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
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