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CC&R ARTICLE B: Building and Land Use Restrictions
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Section 1. Improvements. No dwelling, residence, outbuilding, fence, wall, building, pool or other structure or other improvement shall be erected, altered, placed or maintained on any Lot unless it shall comply with the following:
- Prior to placing any such structure or making any such improvement on the Lot, the plans and specifications for the structure or improvement and a request for approval shall be submitted to and approved by the Committee as provided in Article C. When constructed or placed on the Lot, the structure or improvement shall substantially conform to the Plans and specifications as approved by the Committee.
- Prior to making any change or alteration to the external appearance of any improvement on a Lot, plans and specifications for the alteration and change shall be submitted to and approved by the Committee as provided in Article C. When made the changes or alteration shall substantially conform to the plans and specifications as approved by the Committee.
- Once started the work of constructing, altering, repairing or reconstructing any structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished within six months after the work first commences.
- All buildings and improvements on a Lot shall be of permanent construction, and no temporary structure, trailer, mobile home, tent, garage, outbuilding or other similar device shall be placed on any Lot, except with the permission of the Committee incident to and during the construction of the first permanent improvement on the Lot.
- No Lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot except for one (1) detached single family dwelling and permitted accessory building.
- Accessory buildings which are appurtenant to the use of an existing permanent residential building shall be permitted on a Lot, which permitted accessory buildings shall include, without limitation, garages, greenhouses, playhouses, toolsheds, woodsheds, doghouses and gazebos. No permitted building shall be placed on a Lot unless it has been first approved as to the design and location on the Lot by the Committee. The committee may refuse to approve a permitted accessory building if in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance of the neighborhood as seen from the streets. The location of a permitted accessory building other than garages shall be at a place which minimizes the visual impact and as a general guideline shall be in the side or rear yard behind the front of the house. The Committee shall not be bound by the guidelines, but may exercise its discretion in that respect.
- No Fence, wall or hedge shall be permitted to exceed three (3) feet in height if it is within ten (10) feet to any street, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than three (3) feet above the finished grade at the back of said retaining wall. No fence, wall, hedge or mass planting shall at any time, where permitted, extend higher than six (6) feet above the ground. No chain-link fence shall be permitted on a Lot.
- No exterior aerials, antennas or microwave receivers (dishes) for television or other purposes shall be permitted on any Lot, provided that a microwave receiver (dish) for television reception may be maintained on a lot as long as the receiver is totally obscured from the view from any part of the Subdivision and the receiver has been approved by the Committee in the manner that an accessory building is approved, except what is allow by FCC regulation or RCW.
- No lines or wires for the transmission of electric current or television or telephone signals shall be constructed, placed or permitted to be placed outside of the buildings of a Lot, unless the lines and wires shall be underground or in conduit attached to a building.
Section 2. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes. Animals must be controlled by their owners in such a manner that they not be a nuisance to their neighbors and/or those using the common areas. Dogs must be on a leash or under other control at all times. Animal owners must be responsible for waste of their pets. Owners must keep dogs from barking needlessly and excessively.
Section 3. Signs. No sign of any kind shall be displayed to the public view on any Lot except entry signs identifying the neighborhood, one sign of not more than five (5) square feet advertising the property for sale or rent, and signs used by the Declarant or builder of a residence on the Lot to advertise and identify the property during the period of construction. Political signs are allowed 30 days before and 7 days after a primary or general election. Special event signs announcing weddings, births and similar events shall be allowed for day of event.
Section 4. Nuisances. No Lot shall be used or maintained as a dumping ground for rubbish; and trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and out of sight. Nothing shall be done on a Lot which may become a nuisance to the neighborhood.
Section 5. Businesses. No trade, craft, business, profession, daycare/school, commercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any Lot or within any building located in the Subdivision except home office/virtual commuting business or work-from-home venture that are incidental and secondary to the use of the property with no on-site employees or increased traffic.
Section 6. Storage. No goods, equipment, vehicles (including busses, boats, motor homes, and trailers of any description) and no materials or supplies used for private purposes or in connection with any trade business or service wherever the same may be conducted, shall be kept, stored, dismantled or repaired outside of any building or approved fence or permitted accessory building on any Lot, or on the street adjacent to a Lot. No inoperable or unlicensed vehicles of any kind shall be parked, stored, maintained, or constructed on any Lot or street unless stored in a garage
Section 7. Firearms and Related Activity. No firearm, crossbow, bow and arrow, or air gun, including without limitation, BB type or pellet guns, whether for purposes of hunting or target practice, shall be discharged within the Subdivision.
Section 8. Clothes Drying Area. No portion of any Lot shall be used as a drying or hanging area for laundry of any kind where it can be viewed from any street or adjacent house.
Section 9. Rental. No more than 10%, or 11 homes within the subdivision may be used as rental properties at any given time. Prior to placing property up for rent, property owners must petition the HOA Board of Directors for approval to do so in order for the Board to be able to monitor the number of such properties. Any owner who desires to rent their home shall submit an Application for Rental Occupancy to the Board of Directors. Approval by the Board is subject to maintaining a 90% Owner Occupancy Ratio. Applications shall apply on a first-come, first served basis. The Board will maintain an up to date written record of rental homes to substantiate the Owner Occupant Ratio and also a waiting list of owners interested (in order of date of application) in renting their property as necessary. Request to the Board will be responded to in writing within 21 days. Failure to so respond constitutes approval of the application.
Owners must include the requirement that the tenant conform to the CC&Rs of The Lake at Winterwood and that failure to do so would be cause for eviction. Owners are required to take corrective action against a tenant, up to and including eviction, in the case of a violation. Owners are required to provide their tenants copies of the CC&Rs prior to renting. The statement "Tenant has received copies of, read and understood The Lake at Winterwood CC&Rs" must be included in the Rental Agreement.
If an Owner fails to submit the required Application, rents the property after the Board has denied an Application, fails to provide the tenant with The Lake Winterwood CC&Rs, or fails to include the required language in the Rental Agreement, the Board may assess a fine against the Owner until the rental is terminated.
This policy may also be enforced in a court of law by any homeowner or the Homeowner Association and either shall be entitled to recover attorney fees and costs incurred, whether or not litigation has been commenced. The Homeowner Association may recoup attorneys' fees and costs through an assessment levied against the owner and/or lien, if necessary.
Appeals must be received in writing by the Board of Directors within 7 days of the written notice to the owner. Once an appeal is received, the Board will schedule a hearing no later than 14 days following receipt to review the matter with the owner. No further legal action will take place pending the outcome of the appeal. If the Board does not schedule a meeting within 14 days as required, the matter may be considered dropped. The Board's decision on the appeal is final. If the appeal is rejected, the violation notice becomes effective three (3) days following written notification to the owner.
Section 10. General Appearance and Landscaping of Property. Homeowners shall be responsible for the general appearance of their property consistent with the standards established by the neighborhood.
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