Declaration of Protective Covenants: Highlands at Woodbrook
1st Amendment to the Declaration
2nd Amendment to the Declaration
Summary description of our governing documents
Our Rules and Regulations include most of our rules applicable to our homeowners, renters and visitors. It is used to protect our residential rights and to preserve the attractive and quality appearance of the homes in our community. This document includes items such as:
- The general rules
- Garbage can storage
- Property maintenance and appearance requirements
- Rules and expectations applicable when having pets
- Hours and expectations when using the park
- Restrictions on repairing cars only in the garage and parking inoperable cars in the garage
- Parking rules
- The process for making exterior changes or improvements to your property
- The board is chartered with maintaining this document with the other governing document creating its foundation.
Our Declaration of Covenants and its Amendments 1 and 2 supersedes all other of our governing documents and are recorded with King County.
Per experts, these recorded covenants provide “constructive” notice to all purchasers of homes in our association the covenants exist. As for owners, this means they are legally on notice the covenants exist, even if they did not read them in their closing documents. In fact, owners are considered to have constructive notice of their existence under the law even if they did not get a copy of them at closing and did not see them or actual knew they existed at the time they purchased. Every closing/purchase is accompanied by a title report which is provided to the buyer. This report will always warn or refer to the existence of the covenants as a recorded document.
In our declaration, you will find restrictions and rules such as:
- Building and land use, including alteration and general appearance
- The park is for owners and guests
- Animals, including the physical restraint of dogs
- Signs or advertisements
- Maintenance of lot
- Landscaping and street trees
Also, our declaration set forth the foundation of the Architectural Control Committee and the foundation for assessments, collections and liens for dues and charges. Certain articles, but not all, can be changed from time to time by the written consent of the owners of not less than 60% of the lots.
Our Articles of Incorporation establishes our association as a non-profit corporation for promoting the welfare and interests of our homeowners. Its provisions supersede Bylaws and Rules and Regulation. In this document you will find:
- Regulations which define one lot equals one vote;
- Subjects the membership to assessments for maintaining, improving or replacing our common property and for the administrative costs of the corporation;
- Sets a 5% cap on increasing assessments;
- Defines the mechanism of 51% of the owners for special assessments or increasing the assessment more than 5%;
- The number of directors on the board and the terms
- To change this document requires a unanimous vote except the number of directors and their terms of office may be amended by a majority vote of the membership.
Our Bylaws provide the business details of the organization. Its provisions supersede our rules and regulation. Below are some of the items contained in the document:
- Members and membership including specifics on things like: annual meeting, notice of meeting, quorum, method of voting
- Board of directors including specifics on things like: general powers, election, number, open meetings
- Officers, such as: number, term, duties, removal, vacancies
- Records and financial matters, such as authority to enter into contracts, financial records and budget.
The bylaws may be changed by the board of directors at a meeting called for that purpose.
Our Bylaws have two amendments. The first one sets forth the agreed details for committees whether they are standing, special or ad hoc. The second one revises Section 4, Notice of Meetings to add the use of email for association meetings.
The Revised Code of Washington (RCW) chapter 64.38 provides the laws regarding the formation and legal administration of homeowners’ associations.
The Revised Code of Washington (RCW) chapter 24.03A provides the laws regarding Non-profit Corporations in the state of Washington (effective January 2022).