Summary of Proposed First Amendment Brackett s Landing Homeowner Association Covenants, Conditions, Restrictions & Reservations For your convenience, the Board and Legal Committee are offering this summary of the proposed changes and additions to the Brackett s Landing Homeowner Association CCR & R s. 1. Clearly identifies the Architectural Control Committee as the Board. 2. Allows the Board to approve the use of additional fencing materials over and above those listed in the original CCR& R s. 3. Allows the Board to approve the use of additional driveway materials over and above those listed in the original CCR& R s. 4. Acknowledges that a fisherman s walk was never constructed as outlined in the original CCR& R s and the requirement to build and maintain such a walk is stricken. 5. Sets out provisions for Use Agreements between the Brackett s Landing HOA and lot owners of single family residences bordering the common area. Because this provision refers to Section 5.4 of the CCR&R s, a copy of that section has been attached for your reference. 6. Moves the timing of the Annual Meeting of the HOA from the first quarter of each year to the second or third. 7. Increases the number of Board members from the original 3-5 to 5-7. *************** Summary of Proposed Changes to By-Laws Proposed changes will update the By-Laws to be consistent with the changes to the CCR& R s regarding the time of year for annual meetings and the number of Board members. It also further defines the qualifications of Board membership.
ABSENTEE BALLOT If you are not planning to attend the Brackett s Landing Homeowner Association General Meeting, you may submit this Absantee Ballot prior to the meeting so your vote will be counted. Submit this Absentee Ballot to Dennis Snyder, HOA Secretary, 11119 NE 174 th Street. Homeowner Association General Meeting is Saturday September 29, 2007, from 2-4 2 pm at the Bothell City Library. Print Name Address Date Lot Number Signature CCR&R s AMENDMENT Yes, I approve the First Amendment to the CCR&R s No, I do not approve the First Amendment to the CCR&R s ***************************** BY-LAWS AMENDMENT Yes, I approve the First Amendment to the By-Laws No, I do not approve the First Amendment to the By-Laws
First Amendment Brackett s Landing Homeowner Association Covenants, Conditions, Restrictions & Reservations IT IS HEREBY AGREED that the following amendments are made to the Covenants, Conditions, Restrictions & Reservations for Brackett s Landing, dated February 6, 1981. 1. Article 4, Section 4.1 Pursuant to the provisions of Article 4, Section 4.1, the authority and duties of the Architectural Control Committee shall be performed by the Board. 2. Article 5, Section 5.4.13 No fences shall be constructed on any Lot except as approved by the Board. Only stone, masonry, wrought iron or rustic wooden fences will be permitted unless a different material is specifically approved in writing by the Board in its complete and absolute discretion. 3. Article 5, Section 5.4.16 All driveways shall be of concrete, brick or tile construction unless a different material is specifically approved in writing by the Board in its complete and absolute discretion. 4. Article 5, Section 5.4.17 That this article shall be stricken from the CCR & Rs. The cinder trail which is the subject of this section was never constructed by the declarant, Brackett s Landing, LTD. As there has never been a cinder trail, homeowners agree that this section is invalid. 5. Article 6, Section 6.1 and Section 6.3 Provisional Use Agreements. That the use of the Common Area shall be amended to allow provisional use agreements with owners of single-family Lots that adjoin the Common Area in Tract B. The Board has full discretion to define and to modify the terms of the provisional use agreements. Use agreements shall be administered by the Board and filed with the King County Department of Records. All costs associated with the implementation of the use agreements; filings, survey to determine property line and the like will be borne by the agreement holder. The Board, acting through a designated representative, may enter into the Common Area to insure proper maintenance and compliance with the use restrictions of the CCR&R s, the provisional use agreements, or to permit utility easement access. Use Agreement holders may build perimeter fences and, with prior Board approval, may make changes to vegetation in the Common Area. Perimeter fencing must receive prior Board approval and maintenance shall be the responsibility of the agreement holder. The Board may adopt a schedule of fines to enforce maintenance of perimeter fencing and Common Area. Household pets are permitted in accordance with Section 5.4.8. No permanent structures on the Common Area will be permitted, and all other Use Restrictions in Section 5.4 apply to use agreement holders.
Agreement holders assume liability and responsibility for all areas incorporated by the use agreement as long as the agreement shall remain in effect. The Board may, at its sole discretion, include in use agreements the requirement that the agreement holder pay fees in an amount and on a schedule as approved by the Board. Provisional use agreements must be fully disclosed to any potential buyer by the seller and are automatically revoked upon the sale or transfer of the Lot by the agreement holder. Survey stakes which delineate each individual lot owner s true property line must be readily visible and remain in place throughout the term of the use agreement. Should the agreement holder put his or her house on the market, it is the agreement holder's duty to clearly mark the true property line. Neither the Homeowners Association nor the Board will be responsible for misrepresentations made by sellers or seller's agents. The use agreements are terminable by either party on 30 days written notice. Upon termination of a provisional use agreement whether by the agreement holder or the Board, the Board may require removal of perimeter fences at agreement holder s expense. Perimeter fences not removed by requirement of the Board that follow the Common Area property line become the property of the Homeowners Association. Any changes made to Common Area vegetation by agreement holder with Board approval will not require restoration upon termination of provisional use agreement. Changes made to Common Area vegetation by agreement holder without Board approval may require restoration to acceptable conditions at agreement holder s expense. Liability and maintenance responsibility for the Common Area will revert to the Homeowners Association upon termination of a provisional use agreement. 6. Article 7, Section 7.8 Annual and Special Meetings. There shall be an annual meeting of the members of the Association in the second or third quarter of each year at such reasonable place and time as may be designated by written notice from the Board delivered to the Lot Owners no less than 30 days before the meeting. Special meetings of the members of the Association may be called at any time, in the manner provided in the Bylaws, for the purpose of considering matters which require the approval of all or some of the Owners, or for any other reasonable purpose. Any first mortgagee of a Lot may attend or designate a representative to attend the meetings of the Association. 7. Article 9, Section 9.3 The Association shall be governed by a Board of not fewer than five nor more than seven directors elected from among the Lot Owners.
FIRST AMENDMENT BY-LAWS OF BRACKETT'S LANDING HOMEOWNERS ASSOCIATION IT IS HEREBY AGREED that the following amendments are made to the By-Laws for Brackett s Landing Homeowners Association. ARTICLE II MEMBERS Section 1. Annual Meeting. The first annual meeting of the members shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held in the second or third quarter of each year thereafter at such place and time as may be designated by written notice from the Board of Directors to each member no less than 30 days before the meeting. ARTICLE III - BOARD OF DIRECTORS Section 1. Number. The affairs of this Association shall be managed by a Board of not fewer than five nor more than seven directors, who must be Lot Owners and must not be in default on the payment of any assessment levied by the Association.
* Attached as an addendum for HOA members in order to review relevant use restrictions in Section 5.4 of CCR & R s before voting on the amendment to Article 6, Sections 6.1 and 6.3. Section 5.4 Use Restrictions. 5.4.1 No Lot shall be used except for single family residential purposes. No building stall be constructed on any Lot other than one detached single family residence having one or two stories and a daylight or subterranean basement and not to exceed 35 feet in height with a private garage for not more than three cars, subject in any event to the provisions of Article 3 of this Declaration. 5.4.2 No part of any building shall be located on any Lot nearer than twenty {20) feet from the front Lot line, or nearer than five (5) feet from any side Lot line, provided that with the approval of both the Committee and the City of Bothell the front setback may be reduced to fifteen (15) feet, and the side Lot line to zero, provided that the distance between two adjacent buildings shall not be less than ten feet. No part of any building: (i) on Lots 16 through 26 shall be located nearer than 15 feet from the rear lot line; and (ii) on Lots 1 through 15 shall be located within the setback zone established by the river protection easement granted to King County, a copy of which is attached hereto as Exhibit "B." For purposes of this Section 5.4.2, eaves, steps and open porches shall be considered as a part of a building. The first floor elevation of all buildings shall be not less than 23.1 feet above mean sea level. All roofs shall be constructed of wood or tile unless a different material is specifically approved in writing by the Committee in its complete and absolute discretion. 5.4.3 Easement and common areas for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded Plat of the Property, a copy of which is attached hereto as Exhibit "C." Within these easement and Common Areas, no Improvement, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation, operation or maintenance of the Common Areas or utilities, or which may materially change the direction of flow of drainage channels in the easement or Common Areas. The Owner of each Lot shall maintain any easement area on or about the Lot and all improvements in, on or about the easement area, except for those improvements for which the Board, a public entity or a utility company is responsible. 5.4.4 No noxious or offensive activity shall be carried on upon any Lot, the Common Areas, or right-of-way on or about the Property; nor shall anything be done thereon which may become an annoyance or nuisance to other Lot Owners.
5.4.5 No Improvement of a temporary nature, trailer, mobile home, basement, tent, shack, garage, barn or any other outbuilding shall be used an any Lot at any time as a residence, either temporarily or permanently, except for a construction shack used by an Owner's construction contractor during the Construction period. 5.4.6 Any Improvement constructed on any Lot in the Property shall be completed as to external appearance, including finish painting, within six (6) months from the commencement of construction except for Acts of God in which case a longer period may be permitted. 5.4.7 No sign of any kind shall be visible from the exterior of any Improvement on a Lot except (i) one professional sign of not more than one square foot, (ii) one sign of not more than five square feet advertising the Lot for sale or rent, (iii) signs used by a builder to advertise a Lot for sale during the construction period, or (iv) the signs placed at the entrance of the Property. 5.4.8 No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot or in any Improvement thereon except that dogs, cats or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose. 5.4.9 No Lot shall be used or maintained as a dumping ground for solid waste; no Owner shall keep solid waste on any Lot or any public right-of-way adjacent thereto except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and all solid waste containers shall be stored in areas adequately screened from public view. 5.4.10 No permanent private water well or septic tank system shall be permitted on any Lot. The cleaning of catch basins on individual's lots and in the Common Area shall be carried out at least once prior to September 15 of each calendar year. 5.4.11 No Lot shall be subdivided, but Lots may be joined. Joined Lots may subsequently be subdivided only into the Lots originally joined. 5.4.12 All boats, trailers, motor homes, disabled vehicles or other similar vehicles shall be parked or stored on any Lot in a position (i) suitable for the type of vehicle, and (ii) where the vehicle does not become an annoyance or nuisance to other Lot Owners. 5.4.13 No fences shall be constructed on any Lot except as approved by the Committee. Only stone, masonry, wrought iron or rustic wooden fences, in any event, will be permitted. [Amendment proposed.] 5.4.14 No living, native tree greater than four inches in caliper, except for alder, shall be removed from the areas as shown in the landscape plan attached hereto as Exhibit 'D," without the prior approval of the City of Bothell, except for the minimum clearing necessary for the installation of required driveways and utilities.
5.4.15 The exterior of any houses on a Lot shall be constructed only by a duly licensed building contractor. Owners shall be permitted to complete interior finishing of any Improvement. 5.4.16 All driveways shall be of concrete, brick or tile construction. [Amendment proposed.] 5.4.17 A cinder trail two (2) feet in width and suitable for a fisherman's walkway, and for the exclusive use of all Owners shall be constructed by the Declarant on Lots 1 through 15 in approximately the location as shown on the recorded Plat of the Property. The trail shall be maintained by the Association, and no fertilizers, chemical pesticides or herbicides shall be used in the maintenance thereof. 5.4.18 The Common Area and the bank of the Sammamish River shall be regarded as "buffer areas' and no fertilizers, chemical pesticides, or herbicides shall be used therein, except for the use of chemicals by the King County Department of Public Works Hydraulics Division in its area of jurisdiction set forth in the River Protection Easement. The use of plantings other than canary grass in the buffer areas shall be authorized in writing by the Shorelines Administrator prior to installation. In the interest of preserving slope stability and sedimentation run-off requirements, canary grass on the riverbank may be cut but not removed. [Amendment proposed.] 5.4.19 Every Owner shall be entitled to restraint by injunction of the violation, or attempted or threatened violation of any term or provision of this Declaration, or to a decree specifically enforcing any term or provision of Article 5 of this Declaration. In any action for damages or to enforce any provision of Article 5 of this Declaration the losing party shall pay the prevailing party's attorney's fees and costs including those incurred in connection with any appeal. 5.4.20 The invalidity or unenforceability of any particular provision of Article 5 of this Declaration shall not affect the other provisions hereof, and the Declaration shall be construed in all respects as if such invalid or unenforceable provision were omitted.
BRACKETT S LANDING, BOTHELL, WA TRACT B is also referred to as THE COMMON AREA. Lot No. Name Lot No. Name 1 Risden 14 Fackrell 2 Raymond 15 James & Ingram 3 Herold 16 Whitney 4 Snyder 17 Cella 5 Hebert 18 Israel & Samac 6 Richmond 19 Churchill 7 Aust 20 Miller 8 Pipinich & Downs 21 Palomo & Gregory 9 Ernesons 22 Israel 10 Asaidali 23 Israel 11 Alfred 24 Larsen 12 Dahl 25 Coles & Steele 13 O'Brien 26 Moag