Covenant

PROTECTIVE COVENANTS – GOLDCREST DIVISIONS I – V

(As amended 10/15/2009)

I. IDENTIFICATION OF SUBDIVISION:

GOLDCREST DIVISIONS I – V, inclusive consists of the property described in the Plat of GOLDCREST: Division I, Volume 19 of Plats, page 61; Division II, Volume 18 of Plats, page 92; Division III, Volume 21 of Plats, page 12; Division IV, Volume 22 of Plats, pages 77 and 78; and Division V, Volume 22 of Plats, page 135, Records of Thurston County, Washington.

II. PURPOSE AND VISION OF PROTECTIVE COVENANTS

Goldcrest should remain an attractive, wooded neighborhood where the residences and properties are maintained by its homeowners at a standard that contributes positively to the desirability of the neighborhood. When homeowners commit to maintaining their residences and properties at a high standard, neighborhood aesthetics, desirability and livability improve, property values will remain high and the Goldcrest neighborhood will continue to be seen as one of the most desirable places to live in Thurston County and the greater Olympia area. As homeowners and property owners in Goldcrest Divisions I – V, we commit ourselves to continue the high standards which have made Goldcrest a wonderful place to live.

In order to provide for the aesthetic, healthful and desirable development and maintenance of Goldcrest, we, the owners of all the real property described above as Goldcrest Divisions I – V, agree to abide by all the covenants which work in tandem with the bylaws.

III. DEFINITIONS:

  1. “Architectural Control Committee” means the Association Committee established by the Board to review and approve construction or alteration of improvements to buildings or to lots (see Section III B 1-4, inclusive)
  2. “Association” means the Goldcrest Homeowners Association, a nonprofit corporation organized under the Revised Code of Washington State.
  3. “Board” means the Board of Directors of the Association.
  4. “Building” means any structure used or intended for supporting or sheltering any use or occupancy, including a garden house, greenhouse, storage shed or a workshop.
  5. “Bylaws” means the bylaws enacted by the Goldcrest Homeowners Association for the governance of the Association
  6. “Common areas” means Tracts A,B,C,D,E,F,G,H,I,J and K as shown on the recorded plats of the Divisions I-V of Goldcrest.
  7. “Covenants Committee” means a Committee established by the Board to investigate and issue decisions about violations of the Protective Covenants.
  8. “Garden House” means a building used for the storage of garden equipment or plants.
  9. “Greenbelt” refers to the common areas as defined in Definition 6) above.
  10. “Greenhouse” is a nonresidential structure for growing plants.
  11. “Lot” means an individual division of land indicated on the recorded plat that is not part of the common area and is owned by a person.
  12. “Lot owner” a person holding legal title to a lot other than a lender with a security interest in the lot.
  13. “Person” means a natural person or other legal entity.
  14. “Recorded plats for Goldcrest” refers to the plats of Goldcrest, Sections I-V referenced in Section I of the Protective Covenants.
  15. “Recreational Play Equipment” means swing sets, swings attached to a structure or tree, slides and ramps, climbing structures, forts and play houses, basketball hoops and backboards, trampolines, soccer goals and skateboard railings and ramps.
  16. “Sign” means any visual communication device, structure or fixture that is intended to advertise and/or promote a business, service, activity or interest.
  17. “Trailer” means all forms of trailers, recreational vehicles or mobile homes of any size, whether capable of supplying their own power or not, without regard to whether their primary purpose is or is not the conveyance of persons or objects, or whether immobilized in any way for a period of whatever duration.

A. RESIDENTIAL AREA COVENANTS

A.1 Buildings and Structures Requirements

No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single family dwelling, a private garage for not more than three (3) cars, and up to two (2) other non-residential buildings as approved by the Architectural Control Committee, to be so designed as to compliment the primary residence. Prior approval of the Architectural Control Committee is required. Buildings will not exceed two (2) stories in height, except lots that will accommodate daylight basements and are approved for such use by the Architectural Control Committee.

No portion of any residential building shall be located on any lot nearer than twenty (20) feet to front lot line, five (5) feet to side lot line, or ten (10) feet to rear lot line. On corner lots, no portion of any residential building shall be nearer than ten (10) feet to side lot line on side running parallel to flanking street.

Single-family dwellings shall be of a quality of workmanship generally the same or better than what currently exists in the subdivision. Window air conditioners shall not be placed on the side of the building facing the street.

The main body of a residence will be painted or stained in muted, subdued colors. Bright, fluorescent, or metallic colors will not be permitted. Trim, shutter and door colors may have differing hues. Any changes to exterior paint colors must be submitted to the Architectural Control Committee for review and approval.

All structures within Goldcrest shall have a cedar shake, cedar shingle or an approved 25- year minimum warranted roofing material such as tile, materials resembling cedar shingles or tile, or three-dimensional single-tab architectural grade composition roofing approved by the Architectural Control Committee.

Garden houses must meet the following standards:

  • Comply with all local city requirements;
  • Not exceed 400 square feet in size;
  • Have a shingled or similar material roof consistent with the residence;
  • Be painted the same color as the residence; a different color must be approved by the Architectural Control Committee;
  • Be located where not more than 40% is visible from the street.

Storage sheds or workshops must meet all of the requirements for garden houses. Metal garden houses or metal storage sheds are not permitted in the subdivision.

Greenhouses must consist of either transparent or translucent glass or ultraviolet (UV) resistant plastic with a frame made of material that does not rust. The color of the frame must be consistent with the color standards for residences.

A.2 Land Use and Easements

No lot shall be used except for residential purposes. No type of business that is visible to the public view shall be conducted on any lot or within any dwelling or structure. No form of advertising shall be allowed that is visible to the street.

Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plats.

A.3 Landscaping and Yard Maintenance

As provided for in the original Planned Unit Development (PUD), the Goldcrest Homeowners Association has the responsibility for approving all landscaping and general land use throughout Goldcrest.

To meet this responsibility, the Goldcrest Homeowners Association requires that any property owner or developer in Goldcrest file a detailed landscape plan with the Association’s Architectural Control Committee. Landscape plan means the general conceptual design for the vegetation, decks, patios and pathways on the property. Homeowners are not expected to seek approval for actions consistent with general gardening, or for normal maintenance, such as pruning or replacement of vegetation or selection of plants.

Exterior lighting to illuminate entrances, decks and driveways shall be subdued and shall use low wattage bulbs whenever it is practical.

Lawns shall be maintained so that they present a mowed, clean and neat appearance. Owners must control weeds or other plants to prevent them from becoming a detriment to the lawns of other lots in the subdivision.

A.4 Signs

Unless approved by the Board, no sign of any kind shall be displayed to the public view on any lot, building, or structure, except signs used by a builder to advertise the property during construction, by a homeowner or his designated representative advertising for sale or rent, or political signs. For sale or rent signs on individual lots and in the subdivision shall be displayed only until the property is conveyed to the new owner or a residential lease agreement has been signed. Lot owners or residents may display political signs on their lot before any election. Political signs shall be removed within ten days after the election.

Newspaper boxes/receptacles are allowed only if they are attached to a dwelling. No curbside, utilities right-of-way, or driveway receptacles will be allowed.

A.5 Parking and Storing of Vehicles, Recreational Vehicles and Trailers

Only the approved residential building can be used for residential purposes. Temporary recreational use of a recreational vehicle, trailer or tent on a residential lot shall be permitted for no more than 30 days per year. Recreational vehicles, trailers or boats may be parked for loading or maintenance for no more than three days at a time. Recreational vehicles, trailers, or boats stored for a longer period shall be partially screened. Partially screened means a structure or landscaping, approved by the Architectural Control Committee, which screens at least 60% of the view of the item from the street.

No driveway or publicly viewed area of any lot shall be used for the long-term storage or maintenance of any inoperable vehicle for any purpose. Motor vehicle repairs must be completed within 72 hours of initiation or the vehicle must be stored away from public view.

A.6 Garbage and Refuse Disposal

No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall be kept in appropriate containers. No garbage shall be disposed of by burning or burying. Residents and owners can compost yard waste and leaves on their lot provided that they do not violate Section A.9 of the Protective Covenants.

No storage, dumping or burying of trash, garbage, rubbish, or yard waste shall be allowed in the common areas. Trash and garbage shall only be kept in appropriate containers. If the topography of the lot permits it, trash containers should be stored on the side of the house or inside the garage so they are less visible to the street.

A.7 Animals and Livestock

No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats or any other normal house pets may be kept, provided that they are not maintained for any commercial purposes and shall be subject to city leash laws.

When walking dogs in the common area, residents should place pet waste in the proper receptacle.

A.8 Recreation, Pathways, and Common Areas

The common areas are defined as those areas dedicated solely to the purposes of providing recreation, greenbelt, and playground areas and pathways to Goldcrest owners, residents or their invited guests. No other use, no matter how temporary, will be permitted.

The Protective Covenants previously described in A. RESIDENTIAL AREA COVENANTS also pertain to the common areas. Whenever questions may arise, final and absolute resolution will be determined by a non-profit corporation, the Goldcrest Association, formed for the specific purpose of maintaining or improving the common areas.
The Goldcrest Homeowners Association shall remain the sole owner of the common areas. Only the Homeowners Association may construct improvements of any type on the common areas, including the placing of any deck, fence, building, structure, or other improvement to land.

Recreational play equipment owned by lot owners shall only be placed on the owner’s property and not on any common areas.

Should improvements of any type be built or put on the common areas by the Goldcrest Homeowners Association, any such improvements shall be financed by said non-profit corporation with contributions for the cost of said improvements to be limited to those members of the non-profit corporation that are lot owners.

To preserve the natural beauty of the common areas, no tree, shrub, or plant shall be cut, dug, trimmed, moved, or in any other way disturbed to change its natural state without prior approval of the Board of Directors of the Goldcrest Homeowners Association.

No form of vehicle or trailer shall be parked, stored, maintained, or driven within the confines of the common areas without the approval of the Board.

A.9 Nuisances

No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

B. ARCHITECTURAL CONTROL

B.1 Architectural Control Committee

The Architectural Control Committee is a committee formed by the Board of Directors to ensure a uniformity of use and quality of workmanship, materials, maintenance and location of structures and properties in the subdivision. It will also evaluate if a proposed design or change to a structure or property is in harmony with surrounding structures and the topography of the subdivision.

The Vision Statement included in Section II of these Protective Covenants will guide the Architectural Control Committee. The Committee will review applications for those changes to structures or properties that are identified in Sections A and B.3. The Architectural Control Committee shall have the authority and responsibility to interpret these covenants for architectural design and construction as it deems to be reasonable subject to the oversight of the Board and membership.

B.2 Size and Membership of the Committee

The Architectural Control Committee shall be composed of three to five members appointed by the Board of Directors of the Goldcrest Homeowners Association. If such members have not been appointed or if the Committee is unable to act, the Board of Directors shall have the power and shall fulfill the duties of the Architectural Control Committee.

B.3 Actions that Require Architectural Control Committee Approval

The following actions require prior approval from the Architectural Control Committee. Plans and specifications showing the nature, kind, shape, height, materials and locations of or alterations to the below listed structures shall be submitted and approved by the Architectural Control Committee prior to installation or commencing work.

  • Any building, fence, wall, recreational play equipment or other structure to be erected or maintained upon any property within Goldcrest;
  • Any exterior addition, or change or alteration to any structure;
  • Changes to exterior paint colors;
  • The installation of radio and television antennas, satellite dishes and other receiving equipment greater than one meter in diameter that requires the antenna or satellite dish to be installed in a location that is visible from the street.

Generally, Architectural Control Committee approval is completed within 2-3 days from the time a homeowner submits a completed application. A homeowner with an emergency architectural approval request may ask the Board President to give it an expedited review if the Architectural Control Committee is unable to consider the request before the work needs to commence.

In the event the Architectural Control Committee fails to approve or disapprove such plans and specifications within thirty (30) days after said plans and specifications have been received in writing by it, the application shall be deemed approved by the committee.

The Architectural Control Committee will review the landscaping plan and submit it with recommendations to the Association’s Board of Directors for approval. The property owner or developer may also make a presentation to the Board. When reviewing the plan, the Board shall consider compatibility with existing general designs and the ambiance of Goldcrest.

Once the plan is approved, the property owner or developer shall substantially implement the landscape plan within 60 days after completing construction. The plan shall be completely implemented within 365 days of starting construction.

The Architectural Control Committee shall have no power or authority to approve any building, fence, wall or other structure in conflict with these Protective Covenants or lawful regulation of a local government.

B.4 Architectural Control Committee Appeals

A decision of the majority of the Architectural Committee may be appealed to the Board of Directors.

C. GENERAL PROVISIONS

C.1 Assessments

All lots shall be subject to a general annual assessment by the action of the Board of Directors of the Goldcrest Association for the purpose of defraying the costs and expenses of said non-profit corporation in carrying out its stated purposes and functions.

The rate of the general annual assessments shall be determined or fixed not later than the month of December of each year at a level sufficient to raise an amount that, in the judgment of the Board of Directors, may be required for the ensuing year.

Such assessments shall be paid to the Goldcrest Association as provided by action of the Board of Directors. Unpaid assessments along with reasonable attorney’s fees, costs of title search, court costs, costs of public officials and recording fees that are actually incurred shall bear interest at the rate of 2% per month, compounded monthly until paid.

The Goldcrest Association shall have the exclusive right to institute any and all actions or proceedings for the collection of such assessments.

The owners of lots shall be personally obligated to pay such assessments upon being billed at the beginning of the fiscal year. Unpaid assessments shall accrue interest beginning forty (40) days after that date. Unpaid assessments with interest shall become a lien on said property until such time as the assessment and interest are paid. The lien shall be placed following one year of unpaid assessments. Said lien shall be subordinate to the lien of any mortgage regardless of its date of execution provided a dwelling is upon said lot.

C.2 Duration of Covenants

These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of ten (10) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument, signed by a majority of the owners of the lots has been recorded agreeing that said covenants shall lapse.

C.3 Amendments

These covenants may be amended at any time by an instrument duly signed by a majority of the current lot owners sets forth such amendments and recorded with the county auditor.

C.4 Violations of Covenants

Any lot owner may notify the Board of Directors of an alleged violation of the Protective Covenants. Within five (5) days of discovery, the Board of Directors will refer the purported violation to the Covenants Committee for review. The Covenants Committee will examine the alleged violations of the Protective Covenants. The Chairman of the Covenants Committee shall not be a member of the Board. If the Covenants Committee is not operating at the time of notification of an alleged violation of the Protective Covenants, the Architectural Control Committee shall serve as the Covenants Committee. The Chairman of the Architectural Control Committee may be a member of the Board if the Architectural Control Committee is functioning as the Covenants Committee.

After the Covenants Committee has confirmed that a violation has occurred, the Covenants Committee will give written notice to the lot owner of the specific violation that has occurred and to correct the violation within fifteen (15) days of receipt of the notice. The Covenants Committee can extend the period to a maximum of thirty (30) days if the Committee believes that additional time is needed to correct the violation.

A lot owner who wishes to contest the alleged violation may file a request for a hearing before the Covenants Committee. The Covenants Committee meeting will be open to lot members. The lot owner must be given notice of the panel’s hearing date, a description of the purported violation, an opportunity to address the Committee and written notice of the Committee’s final decision. The Covenants Committee must also notify the Board of Directors of its decision. The Board of Directors will issue the final order to correct the violation.

If the lot owner disagrees with the decision of the Covenants Committee, then the lot owner may file an appeal with the Board of Directors of the Association. This appeal must be filed within fifteen (15) days of the decision of the Covenants Committee. The appellate process shall provide the lot owner with an opportunity to be heard and may confirm, reject or modify the decision of the Covenants Committee.

C.5 Enforcement

The Goldcrest Association has the exclusive right to collect annual assessments and any liens or charges resulting from the annual assessments. The Goldcrest Association shall have the right to enforce all restrictions, conditions, covenants, and reservations, liens and charges now or hereafter imposed by the provisions of these Protective Covenants. Any lot owner has the right to file a complaint with the Board of Directors for violations of these Protective Covenants. The failure of the Association or of any record lot owner to enforce by suit or otherwise any covenant, restriction, condition, lien or charge hereunder, or otherwise ensure compliance with the provisions of these Protective Covenants, shall in no event be deemed a waiver of the right or ability to do so thereafter in any circumstances whatsoever.

In the event the Goldcrest Association or any lot owner takes any action to legally enforce compliance with the restrictions, conditions, covenants, reservations, liens or charges imposed by these covenants, the prevailing party, whether the Association or the record owner, shall be entitled to recover its reasonable attorney fees, whether incurred prior to or after commencement of suit, and all fees and all costs incurred including without limitation expenses of title search, court costs, and costs of public officials and such fees and costs shall be included in any judgment of the court. Such costs and attorney fees shall include without limitation costs and fees incurred in any appeal or in any proceeding under the present or future state receivership statute, and costs and attorney fees incurred in any post Judgment collection proceeding. The costs and fees imposed in this paragraph shall become a lien against the real property of the lot owner against whom assessed by the Association or against whom judgment is entered until fully paid, plus interest at the statutory rate.

C.6 Arbitration

In the event the Goldcrest Association, also known as the Goldcrest Homeowners Association or any lot owner takes any action to legally enforce or ensure compliance with the restrictions, conditions, covenants, reservations, liens or charges now or hereafter imposed by the provisions of these Protective Covenants, they shall submit the action to binding arbitration. Any party shall, in person or by certified mail, return receipt requested, submit a written complaint to a mutually agreed upon arbiter (hereinafter “Arbitrator”) along with a check in an amount determined by the Arbitrator. A copy of the complaint shall be provided to the Board of Directors. Should “named Arbitrator” be unable or unwilling to act as an arbitrator, the parties will mutually select an agreed upon individual to serve as arbitrator. If the parties cannot agree on the selection of an arbitrator, either party may bring suit in the Superior Court of Thurston County for the appointment of an arbitrator.

The Arbitrator shall contact complainant and the President of the Board of Directors to schedule the arbitration on a mutually convenient date. The arbitration shall be scheduled no earlier than thirty (30) days or later than ninety (90) days after receiving the complaint. There shall be no ex parte contact with the Arbitrator by either party; if either party violates this prohibition the Arbitrator may assess a five hundred dollar ($500.00) fine for each violation.

The Arbitrator shall enter an award within fifteen (15) business days from the date of arbitration. The costs of arbitration will be borne by both parties equally. However, the prevailing party in arbitration shall be entitled to recover reasonable attorney fees and costs arising out of the arbitration including the payment of all the Arbitrator’s fees, from the non-prevailing party.

The Decision of the Arbitrator will be “binding” on all parties. The term “binding” means that no party may appeal the Arbitrator’s decision.

C.7 Invalidation

Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other covenants that shall remain in full force and effect.