Section 1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of thirty (30) years from the date these covenant are recorded, after which time the covenants shall be automatically extended for successive periods of tell (10) years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend, or remove the covenants in whole or in part.
Section 2. Amendment. The Covenants and restrictions articulated in this Declaration shall run with the land for a term of thirty (30) years from the date that this Declaration is recorded. After 30 years have expired, the covenants shall be automatically extended in accordance with the provisions set forth in Section I of this Article So long as the Declarant is either a' Class A or Class B member of the Association, this Declaration may be amended only if (a) a Declarant gives the Declarant's express written approval of the amendment in writing, and (b) the Owners of at least 51 percent (51%) of the Lots, including those owned by Declarant, sign an instrument (which may be executed in counterparts) approving the amendment. At such time as the Declarant is no longer a Class A or Class B voting member of the Association, this Declaration may be amended if the Owners of at least 75 percent (75%) of the Lots vote to amend particular provisions of this instrument as then in effect (including any prior amendments). In no event shall any provisions expressly referring to the Declarant be amended at any time without the express written approval of the Declarant or the Declarant's successor in interest (unless the Declarant, or the Declarant' s successor in interest, no longer exists), All amendments must be filed with the office of the King County Auditor.
Section 3. Insurance. The Association shall have no obligation to obtain any insurance on the Lots or the structures located on the Lots except as expressly provided herein.
Section 4. Enforcement. The Association (including the Declarant on behalf of the Association), the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, restrictions, liens and charges now or hereafter imposed by the provisions of this Declaration (including, but not limited to, Article XV, Section 15)
Section 5. Arbitration. As to any matter of disagreement, dispute, claim or controversy between Homeowners, Homeowner(s) and the Association, Homeowners and Declarant, or the Association and Declarant ("party" or "parties"), relating to this Declaration, Covenants, Conditions and Restrictions, or relating to the Property or' any portion thereof, any party may demand that such disagreement, dispute, claim or controversy be submitted to arbitration. The demand for arbitration shall be in writing, shall be served on the other party, and shall set forth the matter or matters to be arbitrated. Any arbitration pursuant to this section shall be in accordance with the Washington Superior Court Mandatory Arbitrations Rules as then in effect, supplemented by the local rules for mandatory arbitration enacted in the county in which the Property is located, provided, the parties hereby waive any monetary limitation otherwise applicable under such rules. All such arbitration proceedings shall take place in King County, Any award rendered shall be final and conclusive upon the parties . The fee to initiate arbitration shall be borne by the party first demanding arbitration, provided, however, that the arbitrator shall award the substantially prevailing party costs and expenses incurred in proceeding with the arbitration, including but not limited to the cost of experts, evidence and legal fees The arbitrator is authorized to issue pre-award including relief where appropriate and to invoke such other sanctions may be necessary to enforce the arbitrators orders or to compel discovery through depositions or document production.
Section 6. Liens for Other Charges. This Section shall apply to all fees, charges, penalties, interest, costs, attorneys' fees and other amounts assessed against an Owner or the Owner's Lot (the "other charges") and which are not described in Sections 3 and 4 of Article VIII of this Declaration (the "regular assessments") Unless otherwise provided in this Declaration, the other charges shall be a personal obligation of the Owner, and also a lien against the Owner's Lot(s) identical to the lien of the regular assessments The liens upon Lots for other charges may be recorded, collected and foreclosed in the same manner as liens for regular assessments, with the costs (including reasonable attorneys' fees) of collection or foreclosure, or both, to be additional "other charges" for which the Owner shall be personally liable and which shall be a lien on the Owner's Lot enforceable as provided in this Section.
Section 7. Interest. All assessments, penalties, liens, fines, and other charges (defined in Section 5 of this Article XVI) shall bear interest, if not paid when due, at the rate of 12 percent (12%) per annum until paid in full The interest shall accrue from the due date.
Section 8. Successors and Assigns. The Covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns.
Section 9. Severability. The invalidity of any one or more phases, clauses, sentences, paragraphs or sections hereon shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if the invalid phrase, clause, sentence, paragraph or section had not been inserted.
Section 10. Rule Against Perpetuities. In the event any provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving member of the Temporary Board appointed by the Declarant in the Articles of Incorporation for the Association (" First Temporary Board") of the Association or twenty-one (21) years after the death of the last survivor of all of any of the First Temporary Board member's children and grandchildren who shall be living at the time this instrument is executed, whichever is later All such provisions shall be given full effect until the particular provisions become void under this Section.