ARTICLE 1
Unless otherwise expressly provided, the following words and phrases, when used in this Declaration and in the Project Documents, shall have the following meanings:
1.1 Annual Budget: The projected budget for each calendar year of the
various costs necessary to maintain the Project by the Association. The Annual
Budget will be the basis for establishing the annual regular assessments,
provided, that neither Declarant nor the Association shall necessarily be bound
by the Annual Budget as it is an estimated projection only.
1.2 Architectural Committee: The Architectural Committee created
pursuant to Article 7.1 of this Declaration.
1.3 Articles: The
Articles of Incorporation of the Association as amended from time to time.
1.4 Apartment Development: Shall mean a parcel or portion thereof which
is described in a Supplemental Declaration, is limited by the Supplemental
Declaration to residential use, and is comprised of rental apartments and
surrounding area which are intended, as shown by the site plan thereof approved
by the County of Spokane and the Architectural Committee or otherwise, as one
integrated apartment operation under the same ownership. Such apartment
development as contained in the property set forth on Exhibit “A" may or
may not be subject to a Supplemental Declaration and may or may not be annexed into
the overall Project. Declarant shall have the sole discretion as to whether to
annex any apartment development into the overall Project at a later date.
Declarant and/or the Association, by majority vote pursuant to Article 5.5, may
choose to treat the residents in any apartment development as licensees with
authority to utilize certain Common Areas of the Project pursuant to specific
arrangements entered into between the Association and the owners of the
apartment development. In the event Declarant chooses to annex an apartment
development into the project or to treat a residence in an apartment
development as licensees as provided herein such decision shall be [finding
upon the Association irrespective of the Association having been activated. Any
decision by Declarant to treat the residence of an apartment development as
licensees shall not be revocable by the Association when activated.
1.5 Assessment: That portion of the cost of maintaining, improving,
repairing, operating, and managing the Property which is to be paid by the Lot
Owners as determined by the Association under this Declaration. Assessments may
be designated as Regular Assessments, Extraordinary Assessments, or Special
Assessments, as those terms are more specifically defined in Article 6 of this
Declaration.
1.6 Association: SHELLEY LAKE HOMEOWNERS' ASSOCIATION, a Washington
nonprofit corporation, registered with the State of Washington under UBI No.
601 752 027, formed by Declarant in conjunction with the establishment of the
planned lot development, the Members of which shall be the owners of lots in
the Project.
1.7 Board, Board of
Directors or Board of Trustees: The governing body of the Association.
1.8 Bylaws: The Bylaws of the Association as amended from time to time.
The initial Bylaws shall be as adopted by the incorporating Members of the
Board of Directors.
1.9 Common Area: Common Area and Common Areas shall mean all land
within the Project which the Declarant, by this Declaration or other recorded
instrument, makes available for use by Members of the Association and evidences
its intent to convey to the Association at a later date or winch the Declarant
indicates on a recorded subdivision plat or Supplemental Declaration is to be
used for landscaping, drainage, recreation, and/or flood control for the
benefit of the project and all areas shown on the dedication of a plat for any
Phase within the Project which is established as a Common Area and to be
utilized for the benefit of the Members of the Project.
1.10 Common Expenses: The actual estimated expenses of maintenance,
improvement, repair, operation, and management of the Common Area, expenses of
administration of the Association, and any reasonable reserve for such purposes
as determined by the Board, and all sums designated Common Expenses by or
pursuant to the Project Documents. Without limiting the generality of the
foregoing, Common Expenses shall also include the costs of any and all commonly
metered charges for the Property; costs of maintenance, snow removal, cleaning
and repair of the Roads; construction, maintenance and power for lighting;
compensation paid by the Association to managers, accountants, attorneys and
other employees; the costs of all gardening, security and other services
benefiting the Common Area; the costs of fire, casualty and liability
insurance, worker's compensation insurance, errors and omissions and director,
officer and agent liability insurance, if the directors choose to acquire such
errors and omissions insurance, and other insurance coveting the Property and
the directors, officers and agents of the Association; and any other costs
incurred by the Association pursuant to its authority for any reason
whatsoever, for the common benefit of the owners.
1.11 Initial Phase: The First Phase of the overall Project, the legal
description of which is set forth on Exhibit "B" and which shall be
known as SHELLEY LAKE FIRST ADDITION.
1.12 Lake: That particular body of water or lake shown on the Master
Development Plan for Shelley Lake and actually designated as Shelley Lake and
including the shoreline trail and all trail access, a sketch of which is set
forth on the Plat shown as Exhibit "C." The lake shall include the
land underlying such lake and shall be a part of the Common Area except for
that portion set forth on Exhibit "E," which portion shall be subject
to the recreational easement in favor of the Association and the high water
inundation easement. Declarant intends to convey fee title to the lake to the
Association at a later date.
1.13 Declarant: Shelley Lake Developments, a Washington general
partnership, and its successors-in-interest and assigns with respect to the
Property, but shall not include Members of the public purchasing completed
lots. For purposes of Declarant serving on the Board of Directors or Trustees,
Declarant shall mean Robert L. Heitman.
1.14 Declaration: This Declaration of Covenants, Conditions and
Restrictions and Reservation of Easements, as it may be amended from time to
time.
1.15 Dwelling: That portion of any building which is located on a
single Lot and which is designed and intended for use and occupancy as a
residence by a single-family lot.
1.16 Landscape Common Areas: Those portions of the Common Area for the
Project which consist of landscaping and entrance areas for any portion or
Phase of the Project and which are designated as such on the dedication of plat
for any given Phase, which landscape Common Areas shall be owned and maintained
by the Association. Landscape Common Areas shall also include any entry areas
common to the overall Project but which are not located within any specific
Phase, including entry statements, lighting or landscaping along Fourth Avenue,
Conklin Road or Rotchford Drive, the maintenance of which shall nevertheless be
the obligation of the Association with possible contribution by other
commercial properties adjacent to such landscape Common Areas.
1.17 Lot: Any residential Lot shown upon the recorded Plat Map for the
Project, created for the construction of a private Dwelling. The term
"Lot" does not include any portion of the Common Area.
1.18 Master Development Plan: The overall Shelley Lake Project Plan
approved by the County of Spokane, as the same may be from time to time
amended, a copy of which shall be on file at all times in the office of
Declarant or the Association.
1.19 Member: A person
entitled to membership in the Association as provided herein.
1.20 Mortgage: Includes a recorded mortgage, deed of trust, real estate
contract, or other instrument creating a security interest in any lot.
1.21 Mortgagee: Includes a mortgagee, beneficiary or holder of a deed
of trust, real estate contract vendor, or other holder of a mortgage on any
lot.
1.22 Mortgagor: Includes a mortgagor, the trustor of a deed of trust,
real estate contract vendor, or other individual granting a security interest
in any lot.
1.23 Overall Shelley Lake PUD: A group of subdivision Phases currently
being developed pursuant to these overall Covenants by Shelley Lake
Developments, a Washington general partnership, in the Shelley Lake area of
Spokane County, Washington, and approved pursuant to a preliminary plat as the
Shelley Lake PUD Plat under number PE 1750-94. The overall Shelley Lake PUD may
alternatively be referred to as the Property or the Project and is generally
located east of Sullivan Road and south of Interstate 90 in the Spokane Valley
and legally described on Exhibit "A."
1.24 Owner or Owners: The record holder or holders of title to or a contract vendee's interest in a lot in the Project. This shall include any person having a fee simple title to any lot, but shall exclude persons or entities having any interest merely as security for the performance of any obligation. Further, if a lot is sold under a recorded contract of sale to a purchaser, the purchaser, rather than the fee owner, shall he considered the "owner," and the fee owner shall be considered as a mortgagee.
1.25 Person: Any natural person, corporation, partnership, association,
director, or other legal entity.
1.26 Plat Map: The recorded map (and further maps relating to
subsequent Phases) prepared by or for Declarant showing the surface of the
Property and the division thereof into lots and commons area, landscape Common
Areas and Roads.
1.27 Phase: A separate plat within the overall Project, Shelley Lake PUD, which shall he created by the recordation of an individual Final Plat and
shall he made subject to these Covenants and the Association by annexation.
1.28 Preliminary Budget. The projected budget necessary to maintain the
Project for the first year during which lots are sold by Declarant. The
Preliminary Budget will serve as a basis for Declarant establishing the annual
regular assessments, provided, that neither Declarant nor the Association shall
necessarily he bound by the Preliminary Budget as it is an estimated projection
only.
1.29 Project Documents: This Declaration, the Plat Map, the Articles
and Bylaws of the Association, and any architectural or other rules promulgated
by the Declarant or the Association pursuant to this Declaration or the
Articles or Bylaws, as each shall be amended from time to time.
1.30 Property or Project (synonymous): The real property covered by
this Declaration, all easements, rights and appurtenances belonging thereto, and
all improvements erected or to be erected thereon.
1.31 Rice Lot: The existing developed lot including a residence and
outbuildings owed by Ralph and Lula Rice as of the filing of this Declaration
and located on what will likely be known as Lot 1, Tract B of one of the early
phases of the Project.
1.32 Rice Parcel: A parcel of forested land located at the easterly end
of Shelley Lake and retained by the Rice Family in conjunction with the
conveyance of the remainder of the real estate set forth on Exhibit
"A" for the development of this Project. The legal description of the
Rice Parcel is set forth on Exhibit "D" which is by this reference
incorporated herein. The Rice Parcel is subject to the easement on behalf of
the Association for the recreational trail which traverses through the Rice
Parcel near the eastern boundary of Shelley Lake.
1.33 Roads: Those portions of the Common Area consisting of private
streets and roadways providing access from the Lots to the public right of way,
designated as such on the Plat Map for the Property to be owned in fee and
maintained by the Association.
1.34
Supplemental
Declaration: A decla
END
OF ARTICLE 1
DEFINITIONS