CC&R ARTICLE VI: The Association and its Members
PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION
The success of the community is dependent upon the support and participation of every residential owner in its governance and administration. The Declaration establishes the Association as the mechanism by which each Owner is able to provide that support and participation. While many powers and responsibilities are vested in the Association's Board of Directors, some decisions are reserved for the Association's membership — the Owners of property in the community.
Article VI The Association and its Members
6.1. Function of Association.
The Association is the entity responsible for management, maintenance, operation, and control of the Areas of Common Responsibility. The Association also is the primary entity responsible for enforcement of the Governing Documents. The Association shall perform its functions in accordance with the Governing Documents, the Permits and applicable Local Jurisdiction's Ordinances, and Washington law.
Every Owner shall be a Member of the Association. There shall be only one membership per Unit. If a Unit is owned by more than one Person, all co-Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 6.3(c) and in the By-Laws, and all such co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is not a natural person may be exercised by any officer, director, partner, or trustee, or by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association.
The Association shall have two classes of membership, Class "A" and Class "B."
- Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall have one equal vote for each Unit in which they hold the interest required for membership under Section 6.2, except that there shall be only one vote per Unit and no vote shall be exercised for any property which is exempt from assessment under Section 8.9.
- Class "B". The Class "B" Members shall be the Declarant. The Class "B" Members may appoint a majority of the members of the Board of Directors during the Class "B" Control Period, as specified in the By-Laws. Additional rights of the Class "B" Member are specified in the relevant sections of the Governing Documents. The Class "B" membership shall terminate upon the earlier of (I) five years after expiration of the Class "B" Control Period; or (ii) when, in its discretion, Declarant so determines and declares in a Recorded instrument. Upon termination of the Class "B" membership, Declarant shall be a Class "A" Member entitled to Class "A" votes for each Unit which they own.
- Exercise of Voting Rights. Members may exercise voting rights as set forth in the By Laws. If there is more than one Owner of such Unit, the vote for such Unit shall be exercised as the co-Owners determine among themselves and advise the Secretary of the Association in writing prior to the vote being taken. Absent such advice, the Unit's vote shall be suspended if more than one Person seeks to exercise it.
Any notice provided for in this Declaration shall be served personally or shall be mailed by registered or certified mail, as follows:
- if to the Association, to the president or secretary of the Association at the principal office of the Association, or at such other address of which it has given notice in accordance with this Section, or to the registered agent of the Association, as such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof);
- if to a Property Owner, to such Owner at the address of such Owner's Unit or such other address as the Owner has registered with the Association, or such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency).
All such notices shall, for all purposes, be deemed delivered (a) upon personal delivery to the party or address specified above or (b) on the third day after mailing when mailed by registered or certified mail, postage prepaid, and properly addressed. The Board of the Association may designate additional methods of giving notice by promulgation of rules describing the alternative methods of providing notice, including the adoption of providing notice electronically.
6.5. Landscape & Water Standards.
The developer and homeowners association shall make these residential landscape and water use standards available to new owners at time of purchase. It is the responsibility of homeowners to notify landscapers/ground maintenance staff and others who seek to engage in development of, construction and/or maintenance of residential properties of the requirements contained herein. All such persons shall conduct their activities in accordance with these standards.
No changes to these covenants, conditions and restrictions regarding outdoor water use shall be made without the approval of Covington Water District or its successors.
It is requested that the homeowners association provide the district with the name, address and phone number of a current board member for our mailing list, and to provide the district with minutes of landscape committee meetings.
The purpose and intent of this section is to help preserve our environment and quality of life by helping to conserve water, to promote groundwater quality by wise and judicious use of fertilizers and pesticides, and, if applicable, to promote effective septic system operation.
Covington Water District (cwd) requires the installation of two (2) meters for every lot, one for inside water use and one for all outside use, including hose bibs. In addition, cwd has established an outdoor water budget not to exceed 30,400 gallons per calendar year to safeguard the community's limited water supply from depletion. Exceeding this budget will result in higher rates being applied and could result in limitations on use. Homeowners may obtain additional water by installing a cistern or other rain-catchment devices. Contact CWD for information on conservation devices.
Due to its high water requirement, fine ornamental lawn area (not including non-irrigated native grasses, pasture lands and other grasses) shall be limited to no more than 1,000 square feet for each lot. No less than 95% of the remaining landscape area must be planted with low water requiring plants.
To reduce runoff and ensure adequate recharge of the groundwater supply, homeowners are encouraged to minimize the amount of hard surfaces, such as asphalt and concrete driveways and patios.
To ensure efficient water use:
- All new or revised landscapes should be installed in a minimum of eight (8) inches of soil amended with three (3) inches of compost material.
- Planting beds should be mulched with three (3) inches of mulch and replenished as needed to maintain this level.
- Lawns should be top dressed with 1/2 inch of fine-screened compost on a yearly basis.
- Plants utilized should be climate-friendly, drought-tolerant varieties, planted in the appropriate location to suit their needs.
- Drip irrigation systems or soaker hoses should be used wherever possible to keep water usage to a minimum.
- Automatic irrigation systems:
- Should include a rain sensor to shut the system off during rain events.
- Controllers should be adjusted with the weather to apply the minimum amount of water needed for good plant health.
- Controllers should have multiple-cycle capabilities to avoid runoff.
- State law requires that these systems include a backflow prevention assembly, which must be tested annually by a certified backflow assembly tester, with a copy of the test results submitted to CWD.
- The following water efficient irrigation techniques are provided to aid homeowners/residents:
- Water established lawns once a week deeply - soil should be moist six to eight inches down. This will take up to a week to dry out. Lawns are considered established after several mowings. New lawns may be watered more often but for shorter durations (less deeply) during the first growing season. Deep watering inhibits thatch build-up.
- Water established native, climate-friendly plants only when needed. Once a month deeply will probably suffice, twice a month if it's been particularly hot and dry. Water only the soil surrounding the root area of the plant.
- Water in the early morning or in the evening when evaporation is least likely to occur. Do not water in the heat of the day, as up to half the water applied is wasted to evaporation. Do not water on windy or rainy days.
- Do not apply water more rapidly than the soil can absorb it. Turn off the sprinkler at the first sign of saturation or runoff to allow the water to soak in. Water again in half an hour if necessary to adequately moisten the root zone.
- Make sure that sprinkler system is in good repair. Fix leaks, and adjust sprinkler heads to eliminate any over-spray on non-planted areas. Investigate the source of any unusual runoff, puddling or over-saturated areas.
- The use of a shut-off nozzle on your water hose is highly encouraged.