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6. ASSOCIATION CORPORATE STATUS. Prior to or simultaneously with the recording of the
<br /> subdivision, the Declarant established the association as a corporation pursuant to the laws of the State of
<br /> Washington, including the filing of the association's articles of incorporation with the Washington Secretary of
<br /> State. In the event the association should cease to be a corporation under the laws of the State of Washington,such
<br /> association shall continue as an unincorporated association governed by the Homeowners Association Act (RCW
<br /> Chapter 64.38).8
<br /> 7. GOVERNING LAW AND DOCUMENTS. The association (and the association board and officers),
<br /> Owners and mortgagees shall be subject to and comply with: (a) the Declaration; (b) the survey; (c) the
<br /> Homeowners Association Act(RCW Chapter 64.38); (d)the applicable Washington corporation statute;and(e)any
<br /> applicable provisions of the EMC.9
<br /> 8. COMMON AREA MAINTENANCE. The common areas shall be maintained by the association in
<br /> accordance with all applicable provisions of the EMC. Such common areas shall include any: (a) private access
<br /> drives, (b) vehicle and pedestrian access easements, (c)joint use and maintenance agreements, (d) common off-
<br /> street parking, (e) common open space (including, but not limited to, landscape areas, gardens, woodlands,
<br /> walkways, courtyards or lawns, and outdoor recreation areas), (f) private utility infrastructure (including, but not
<br /> limited to,underground utilities and utility easements),and(g)any other common area buildings or improvements.10
<br /> 9. LOT MAINTENANCE. Each Lot, and the buildings,utilities and improvements on individual Lots,shall
<br /> be maintained by the Owner thereof in accordance with all applicable provisions of the EMC and the provisions of
<br /> this Declaration.11
<br /> 10. PARKING.
<br /> a. Non-Parking Use. Off-street parking spaces within the Subdivision shall be maintained in perpetuity
<br /> for the residents, or guests or invitees of residents. Such spaces shall not be used in any manner that precludes use
<br /> for off-street parking at any time of operable motor vehicles regularly used by occupants of dwellings.12
<br /> b. Guest/Invitee Parking. Parking spaces located in a common area shall be available to occupants of
<br /> the Subdivision or the guests or invitees of such occupants,and shall not be reserved for any specific Lot. 13
<br /> c. Fire Lanes.Parking shall be prohibited in fire lanes,and each fire lane shall be clearly identified with
<br /> signage and pavement marking to indicate that the fire lane is not to be used for parking at any time. The
<br /> Association shall be responsible for enforcing this requirement. The City shall have the authority to remove any
<br /> vehicle illegally parked in a fire lane at the vehicle Owner's expense.14
<br /> d. Private Access Drives.Unless otherwise specifically authorized in writing by the City,parking within
<br /> any access drive shall be prohibited, but off-street parking may be located adjacent to an approved access drive
<br /> outside of the minimum required dimensions of the access drive. The Association shall be responsible for enforcing
<br /> this requirement. The City shall have the authority to remove any vehicle illegally parked in a fire lane at the
<br /> vehicle Owner's expense.15
<br /> 11. EASEMENTS.
<br /> a. Ingress,egress and utilities access. Each Lot created shall have a permanent non-exclusive easement
<br /> over and across the Common Areas and the Parent Site and other Lots as necessary to comply with all design and
<br /> development standards applicable to the Subdivision.16
<br /> b. General. Each Lot has an easement in and through each other Lot and the common areas for all
<br /> support elements and utility, wiring, heat and service elements, and for reasonable access thereto, as required to
<br /> effectuate and continue proper operation of the Subdivision plan;and for the maintenance,repair and replacement of
<br /> all improvements within each Lot. Each Lot as it is constructed is granted an easement(to which each other Lot and
<br /> all common areas are subject) for the location and maintenance of all the original equipment and facilities and
<br /> utilities for such Lot. The specific mention or reservation of any easement in this Declaration does not limit or
<br /> negate the general easement for common areas reserved by law.
<br /> c. Utility,Etc.,Easements. The Board,on behalf of the Association and all members thereof,shall have
<br /> authority to grant utility, road and similar easements, licenses and permits under, through or over the Lots and
<br /> common areas, which easements the Board determines are reasonably necessary to the ongoing development and
<br /> operation of the Property.
<br /> d. Association Functions. There is hereby reserved to the Association, or its duly authorized agents and
<br /> representatives, such easements and rights of access over, across, under or into the Subdivision (and any part
<br /> thereof) as are necessary, for repairs, maintenance or replacement and/or to perform the rights, duties and
<br /> obligations of the Association as are set forth,provided for or authorized in this Declaration.
<br /> e. Encroachments. Each Lot and all common areas are hereby declared to have an easement over all
<br /> adjoining Lots and common areas for the purpose of accommodating any encroachment due to engineering errors,or
<br /> errors in original construction,reconstruction,repair of any portion of the Lot dwelling, or any other similar cause,
<br /> EVERETT DECLARATION COVENANTS 3 ©J.C.Middlebrooks 2014
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