This Declaration is made by the owners of property located in San Juan County, Washington, known as Three Meadows, consisting of 368 acres, more or less, which is more particularly described in Exhibit A attached hereto and incorporated herein by reference.
All property known as Three Meadows (as described in Exhibit A) shall be held, sold, used and conveyed subject to the following easements, restrictions, covenants, conditions and liens which are imposed for the purpose of protecting the value and desirability of the Property and which shall run with the Property and be binding upon and inure to the benefit of all parties having any right, title, or interest in the Property or any portion of the Property, their heirs, successors, and assignees.
These Covenants shall run with the land for a period of fifty (50) years at which time they will be automatically renewed for successive twenty-year periods unless terminated by an affirmative vote of eighty (80) percent of the membership as defined herein.
Three Meadows consists of forests, fields and marshland. In recognition of the natural environment in which Three Meadows is located, all who become owners subject to this Declaration must accept the principle that the property must be used in ways that preserve its character for the present and future enjoyment of all the owners.
Restrictions on the use of the property are intended to protect and maintain the present natural functions and beauty of the property, and recognize and protect the rural environment of Three Meadows. Approximately 217 acres described more particularly in Exhibit B, and the easements described therein incorporated herein by reference, are to be held in common for the benefit and enjoyment of the property owners of Three Meadows.
ARTICLE I: DEFINITIONS
Section 1.01: ARTICLES mean the Articles of Incorporation of Three Meadows Owners Association filed with the Secretary of State, establishing the Association as a non-profit corporation.
Section 1.02: ASSOCIATION means the Three Meadows Owners Association, its successors and assignees.
Section 1.03: BYLAWS means the Bylaws adopted by Three Meadows Owners Association.
Section 1.04: COMMON LAND means all the real property described in Exhibit B, and the reserved Easements included in the legal descriptions of the thirty parcels described therein.
Section 1.05: COMMON PROPERTY is an inclusive term referring to all the real and personal property owned by the Association.
Section 1.06: THREE MEADOWS means the real property described by the legal description in Exhibit A to this document. Such property includes the common land and thirty individual parcels.
Section 1.07: COVENANTS means the contents of this entire document and any future duly passed amendments.
Section 1.08: OWNER means the record owner, whether one or more persons or entities with fee simple title to any Parcel, including contract purchasers, but excluding any party holding an interest in the property as security for the performance of an obligation. For purposes of this declaration multiple owners of a single parcel shall be treated as a single owner.
Section 1.09: PARCEL means each lettered tract described in the attached Exhibit B and recorded as San Juan County Auditor’s File #83741, Declaration of Trusts and Uses.
Section 1.10: ROADS means the private roads shown on the map, attached as Exhibit C, which provide access to the driveways of the Parcels, Common Area and County Roads.
Section 1.11: BOARD OF DIRECTORS means the elected officers of the Association which consist of the President, Vice-President, Treasurer, Secretary and the Past-President, or any officer appointed by the Board of Directors to fill a vacancy in one of the five offices.
Section 1.12: MEMBER means the person entitled to cast a vote, on behalf of a given parcel, on issues which come before the Association for action, as more fully described in Article II herein. There shall be one membership and one vote for each parcel.
ARTICLE II: PROPERTY RIGHTS
Section 2.01: Membership in the Corporation
a. The Association shall have one class of members, who shall be the Owners of parcels in Three Meadows (subject to the provisions set out in 2.01 (b). Each Owner of a parcel shall have one thirtieth (1/30) interest in the Three Meadows Owners Association. Each such owner shall, upon purchasing such a parcel, automatically become a member of the Association. Notice shall be given to the Association of any change in ownership of any parcel in Three Meadows.
b. (1) Any lot purchased or owned by a partnership, corporation, other legal entity, or more than one individual, shall designate one individual to be the “member,” (2) Where one entity or individual(s) owns more than one lot, another person shall be designated as the “member” for such additional lot.
c. There shall be thirty members (one for each parcel) in the Association. Each member shall have one vote. The right to one, and only one, vote runs with each parcel. Interest in the Association may not be alienated, sold, divided or separated from the Parcels and are to go with any sale or transfer of any Parcel. No Parcel shall be subdivided.
Section 2.02: Uses of Parcels. The number of structures on each parcel shall be limited to: one (1) residence, which may include a detached shop OR garage (but not both) and a guest house. The guest house shall not contain more than 1000 square feet total. Additional structures are permitted with prior approval by the Board of Directors. Each parcel shall be used for residential purposes only. No parcel shall be subdivided.
a. Residences shall be immovable structures, not homes designed for mobility. Trailers or mobile homes shall be permitted on Three Meadows for use as a temporary residence but not beyond a period exceeding a total of six (6) months or after the permanent residence has been constructed. The board may grant an additional extension of one year.
b. Livestock, including but not limited to cattle, sheep, pigs and goats, shall be kept on the common land only in accordance with rules set out in these Covenants, the By-laws and Regulations adopted by the Board. Livestock with the exception of poultry and other fowl shall not be raised, bred or kept on any of the parcels, without the express approval of the Board of Directors and owners of parcels adjoining the parcel which livestock is to be kept. Parcels A, B, C, D, and E may have livestock, on the portion of those parcels south of the existing Road, but only with the approval of the Board of Directors. Parcels O and U may have livestock on the portion of those parcels north of the existing road with the approval of the Board of Directors. Dogs, cats, or other household pets may be kept if they are not kept, bred or maintained for any commercial purpose. The keeping and raising of all animals shall be in accordance with the By-Laws and regulations set by the Board.
c. Garbage and sewage disposal are the responsibility of each parcel Owner. No dumps or landfills shall be permitted in Three Meadows.
d. No Owner shall remove a tree with a butt diameter of more than 12 inches from his/her parcel without the prior permission of the Board of Directors.
e. Owners shall be responsible for the maintenance of driveways from the community roads to their individual parcels.
f. Owners and guests shall have the right to use the community roads as shown in Exhibit C for normal ingress and egress.
Section 2.03: Water, Power and Telephone Hook-ups. Hook-ups for water, power and telephone have been extended to each parcel except for L and M where, due to inaccessibility, other arrangements have been made. Upon the payment of $1000 to the Three Meadows Owners Association, the parcel owner must run connections from the parcel boundary to any building site selected at his own expense. Water will not be furnished to parcels Z and AA. As of August 15, 1985, payment has been received for parcels A, E, G, H, J, K, Q, R, S, BB, O, N, U, Y and Z. Payment has not been received for parcels L, M, CC, DD, B, C, D, I, F, P, T, V, W, X, and AA.
Section 2.04: Limitations on Water Use. Use of water from community wells is limited to residential indoor use only. Irrigation of lawns and gardens is prohibited.
Section 2.05: Maintenance of Water Systems. The Association is not responsible for maintenance of the water systems serving individual parcels. Users of each water system shall share the responsibility of water system maintenance as set out in the By-laws.
ARTICLE III: COMMON PROPERTY
Section 3.01: Common Area Uses. The use of the Common Area is reserved equally to all Owners. The Common Area shall be maintained in its existing natural state. Forests shall remain forests. Marshlands shall remain marshlands and shall be treated a wildlife preserve. Agricultural land and fields shall remain a such or allowed to revert to their natural state with approval of the Board. For purposes of this section the grove of young trees south of Parcel D and E will considered to be a field (i.e. the trees may be harvested without prior approval of the Board).
a. Individual parcel owners may make use of the common land for non-commercial livestock, gardens and firewood subject to the prior approval and authorization of the Board of Directors. Livestock shall be kept for personal use and not for profit. Livestock will be permitted in designated fenced, common pasture areas as designed by the Board and in accordance with rules set out by the Board.
b. An Owner who leases his parcel may lease his right to use the Common Land to the lessee. Either the Owner or the lessee, but not both, shall have the right to use the Common Land and such uses shall be in accordance with the Covenants and the By-Laws.
c. There shall be no hunting in Three Meadows. The trapping, or killing of small animals such as rabbits for purposes of pest control shall be only by prior permission of the Board.
d. Removal of trees with a butt diameter of more than 12 inches shall be only by permission of the Board of Directors.
Section 3.02: Alienation of Common Area. No part of the common area shall be sold, divided, or transferred without the unanimous, affirmative vote of all thirty (30) members. Each Member shall be entitled to a vote (as described in Section 2.01) regarding any proposed sale, division, or transfer of any portion of the Common Area regardless of whether the Owner of the Parcel is the subject of liens on his/her property by the Association.
In the event of dissolution of the Three Meadows Owners Association, ownership of the Common Land shall be treated as a tenancy in common. Upon dissolution, all Owners shall have the absolute right to an undivided 1/30 Ownership share of the common lands described in Exhibit B, as well as the easements described therein.
Section 3.03: The Association shall not create any new Parcels, either through segregation or land acquisition unless the existing ratio of no more than one home site per twelve acres is maintained within Three Meadows. Any land acquisition should include the addition of at least seven acres of common land per twelve acquired.
ARTICLE IV: ANNUAL MAINTENANCE AND OPERATION AND SPECIAL ASSESSMENTS
Section 4.01: Authorization of Assessments and Personal Obligations of Payment.
a. The Parcels shall be subject to such assessments or charges as shall be levied by the Association from time to time as provided for in this Declaration and in the By-Laws. The Treasurer shall present a proposed budget for the following year at the annual meeting. The Board of Directors shall submit a proposal for assessments and annual user fees. The membership shall vote on the annual assessment and user fees, as well as any special capital improvement assessments. No assessment or fees shall be levied without the affirmative vote of a majority of members represented in person or by written proxy at a duly constituted meeting. Assessments are due 30 days after the Owner has been billed by the Treasurer.
b. Each assessment of charge imposed upon a Parcel together with any interest, costs, and reasonable attorney’s fees which may be added in accordance with this Declaration, shall be the personal obligation of the Owner(s) of the Parcel at the time each such assessment or charge is due, as well as a lien as provided in Section 4.05.
Section 4.02: Maintenance, Operation and Service Assessments or Charges. There shall be annual maintenance, operation and service assessments or charges as approved at the annual meeting to pay the costs of insurance, maintenance, operation, repair, replacement and taxation of the Association’s Common property, and all private roads shown in Exhibit C.
Section 4.03: User Fees and Charges. The Association may establish and collect user fees for Owners’ personal use of the Barn, Common Areas, or equipment as set forth in the By-Laws.
Section 4.04: The Association may levy capital improvement assessments, as set out in the By-Laws, for the costs of constructing or purchasing any capital improvement or equipment to be used for the common benefit of the members of the Association.
Section 4.05: Liens, Collection of Assessments.
a. Any assessment or charge levied by the Association against any Parcel in Three Meadows, including interest on such charge or assessment and collection costs or attorney’s fees, if any, shall constitute a lien upon such parcel as soon as such charge, assessment, interest or costs shall become due and payable. Such lien shall be superior to any and all other liens at any time levied or imposed upon such Parcel, except as provided in Section 4.06.
b. All liens provided for in these Declarations shall be enforceable by foreclosure proceedings in the manner provided by law for the foreclosure of mortgages.
c. The Association shall have the right, at any time after the expiration of 120 days during which any assessment of charge shall remain unpaid after ten days notice of intent to exercise this right, to prohibit and prevent the Owner of any Parcel subject to such a lien, from using the Common Property of Three Meadows until all assessments and charges are paid. This prohibition shall not apply to use of the community roads.
d. An Owner whose assessments, dues or other charges are unpaid on the day of the annual meeting shall be deprived of the right to vote at the annual meeting, PROVIDED, HOWEVER, that every Member shall be entitled to vote on the alienation of the common land or a change in the procedures for alienating the common land regardless of any liens or unpaid charges. Voting rights shall be reinstated when past due assessments and fees have been paid in full to the Treasurer.
Section 4.06. Subordination of the Lien to Mortgages. The lien of the assessments and charges provided herein shall be subordinate to the lien of any duly constituted and recorded first mortgage.
Section 4.07. Each individual property owner is individually liable for taxes on his/her home and Parcel.
ARTICLE V: GENERAL PROVISIONS
Section 5.01: Previous Covenants. The previous Declaration of Covenants, Conditions and Restrictions filed in San Juan County Auditor’s File #79285 shall be were superseded and repealed by the filing of these the Covenants filed as AFN 86141030 in San Juan County. Auditor’s File Number 86141030 is amended by this Declaration of Covenants, Conditions and Restrictions, as amended September 25, 2001.
Section 5.02: Enforcement: Each lot owner shall comply strictly with the Declaration of Covenants, Conditions and Restrictions, By-Laws, and with the administrative rules and regulations adopted pursuant thereto, as they may be lawfully amended from time to time, and with the covenants, conditions and restrictions set forth in the deed to his/her lot. The Board shall have primary responsibility for the enforcement of these regulations.
Enforcement proceedings in equity or at law may be brought against any person or persons violating or attempting to violate any of the covenants or restrictions herein to recover sums due, damages, and for injunctive relief, or any or all of them, maintainable by the Board or by an aggrieved lot Owner.
Section 5.03: Severability. Invalidation of any portion of this Declaration by judgment or court order shall not affect any other provision, and the remainder of this Declaration shall remain in full force and effect.
Section 5.04. Amendments: This Declaration may be amended at any time by a duly recorded amendment executed by the affirmative vote of 24 members: PROVIDED, HOWEVER that any alienation of the common land or the changing of procedural requirements to alienate the common land shall require the affirmative vote of all 30 members as set out in Section 2.01 and Section 3.02 of this document and in the By-Laws.
Section 5.05. Waiver. No waiver of a breach of any of the covenants, conditions or restrictions shall be construed to be a waiver of any subsequent breach. Likewise, failure to enforce any covenants, condition or restriction shall not be construed as a waiver of the ability to enforce the covenant, condition or restriction.
EXHIBITS LIST
A. Legal Description of Three Meadows
B. Legal Description of the Common Land and Parcels
C. Community Road Map of Three Meadows
Three Meadows Owners Association 