3000 41ST ST WHOLE SITE DOCUMENTS 2026-01-15

t 4.4 Enforcement. The Association may impose sanctions for violations of this Declaration, the Bylaws or rules, including without limitation reasonable monetary fines, suspension of voting rights and the right to use any recreational facilities within the Common Area. In addition, under the Bylaws, the Association may exercise self-help remedies to cure violations and may suspend any services it provides to the Lot of any Owner thirty (30) days or more delinquent in paying any Assessment or other charge due to the Association. The Board may seek relief in any court for violations or to abate nuisances. Board actions to impose or seek sanctions shall be governed by the Bylaws. 4.5 Rights. The Association may exercise any right or privilege given to it expressly by this Declaration or the Bylaws, or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. 4.6 Governmental Interests. Declarant may designate sites it owns or controls within the Property for fire, police, water and sewer facilities, energy and communication facilities, parks and other public facilities. Development of such sites shall not be subject to the architectural standards under Article 10; however, neither the Association, the Architectural Committee nor the Owners may object to the use of such sites for the designated public purposes. 4.7 Indemnification. The Association, to the fullest extent allowed by law, shall indemnify every -officer, director and committee member against all expenses, including counsel fees, reasonably incurred by or imposed upon such officer, director or committee member in connection with any action, suit or other proceeding (including settlement of any suit or proceeding, if approved by the Board) to which he or she may be a party by reason of being or having been an officer, 'director or committee member. The officers, directors and committee members shall not be liable for any mistake of judgment, except for their own individual misfeasance, malfeasance, misconduct or bad faith, and shall have no personal liability to third parties with respect to any contract or action taken by them in good faith on behalf of the Association. The Association shall indemnify and hold each such officer, director and committee member harmless against all liability to others on account of any such contract, commitment or action. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any present or former officer, director or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers and directors liability insurance to fund this obligation, if such insurance is reasonably available. 4.8 Dedication of Common Area. The Association, by Board resolution, may dedicate or grant easements over portions of the Common Area on behalf of the Owners to any local, state or federal government entity, public utility or private party when such conveyance is consistent with the requirements of the City of Everett and 7 DECLARATION OF SIMPSON F:\M13S\Polygon\Simpson Project\Dec CCRs cln4.docx 4/13/2015 0#214264.013