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• Page 2 April 22,2014 <br /> 1. such covenants,declarations and restrictions; <br /> 2. the Homeowners Association Act(RCW Chapter 64.38); <br /> 3. the applicable Washington corporation statute;and <br /> 4. any applicable provisions of the City code including, but not limited to, Subsections B and C of <br /> this Section. <br /> c. 15A.100B. Maintenance of private common areas and infrastructure. All common open space, <br /> recreation areas and private utility infrastructure must be maintained by the homeowners association. The <br /> covenants, declarations and restrictions required by Subsection A must provide (1) that the common areas and <br /> infrastructure are maintained by the homeowners association in accordance with all applicable provisions of the <br /> City code, and (2) authority for the City, after providing reasonable written notice to the homeowners association <br /> and opportunity to perform required maintenance, to recover any costs incurred by the City to maintain private <br /> infrastructure or common areas due to a failure of the homeowners association to adequately maintain privately <br /> owned improvements. <br /> 1. private access drives; <br /> 2. vehicle and pedestrian access easements; <br /> 3. joint use and maintenance agreements; <br /> 4. common off-street parking; <br /> 5. common open space (including, but not limited to, landscape areas, gardens, woodlands, <br /> walkways,courtyards or lawns,and outdoor recreation areas); <br /> 6. private utility infrastructure (including, but not limited to, underground utilities and utility <br /> easements); and <br /> 7. any other common buildings or improvements. <br /> d. 15A.100C. Maintenance of lot, buildings and facilities. The covenants, declarations and <br /> restrictions required by Subsection A must provide that buildings,utilities and facilities on individual lots shall be <br /> maintained by the property owner in accordance with City codes and the requirements of such covenants, <br /> declarations and restrictions. <br /> e. Sample "Template" for Unit Lot Division Covenants. I have attached a sample "Template" for <br /> Unit Lot Division Covenants I have submitted to Allan Giffen and the City attorney for consideration. <br /> I also want to express my personal and professional appreciation for the conduct of your Planning Director, <br /> Allan Giffen. He was professional and cordial, prompt in responding to communications, focused (not only on <br /> concept but on avoiding unnecessary ambiguities), a careful listener to private sector concerns, and an articulate <br /> communicator of City policy goals. I welcome the opportunity to work collaboratively with Allan, City staff and <br /> City attorney on future Everett housing issues. <br /> Sincerely, <br /> James C. (Pete)Middlebrooks <br /> CC:Master Builders Association <br /> Other Interested Parties <br />