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Winterwood Estates HOA – Rules, Regulations & Policies

WINTERWOOD ESTATES HOMEOWNERS ASSOCIATIONRULES & REGULATIONS and POLICIES

TABLE OF CONTENTS

I. RULE CONSTRUCTION AND INTERPRETATION

II. ARCHITECTURAL CONTROL AND EXTERIOR MAINTENANCE

III. VEHICLES PARKING AND STORAGE

IV. PETS AND LIVESTOCK

V. SIGNS

VI. SATELLITE DISHES AND ANTENNAE

VII. RENTALS

VIII. ASSOCIATION RECORDS RETENTION AND REQUESTS

IX. VIOLATIONS, FINES, AND NOTICE AND OPPORTUNITY TO BE HEARD

X. COLLECTION POLICY

A fully searchable version of Winterwood Estates Homeowners Association’s Rules, Regulations & Policies

is available on our website at http://www.winterwoodhoa.com

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WINTERWOOD ESTATES HOMEOWNERS ASSOCIATIONRULES AND REGULATIONS

TOPIC 1: RULE CONSTRUCTION AND INTERPRETATION

Pursuant to R.C.W. 64.38.020 and Article VII, Section 1 of the Bylaws, the Association, acting by and through its Board of Directors, has the authority to adopt these Rules and Regulations. In the event of an inconsistency or conflict between these Rules and Regulations and the Covenants or Bylaws of the Association, the Covenants or Bylaws shall supersede and apply.

I. Publication of Rules and Effective Date

These Rules and Regulations and any policies or guidelines adopted by the Board (collectively, the “R&Rs”) shall be set forth in writing and shall be furnished to each Owner by mailing or delivering a copy of the same to each Owner in accordance with paragraph II below. An R&R shall be effective and enforceable thirty (30) calendar days after its adoption by the Board and upon being furnished to the Owners. Owners are responsible for providing copies of the Covenants, Bylaws, and Rules and Regulations, and any amendments thereto, to their tenants and any occupants of their Lot (See Topic 7 on Rentals).

II. Address for Notices and Delivery of Rules

All notices required under the provisions of these R&Rs and the Governing Documents of the Association shall be in writing and may be delivered either personally or by mail. If delivery is by mail, the notice shall be deemed to have been delivered on the day it is deposited in the United States mail, first class, postage prepaid, addressed to the Person entitled to such notice at the most recent address known to the Board. Owners who do not occupy their Lot within Winterwood Estates (non-occupant Owners) must provide the Association with their correct mailing address in writing; if the non-occupant Owner fails to do so, any notice to such non-occupant Owner required hereunder shall be deemed effective if mailed to the Owner at the address of the home s/he owns within Winterwood Estates. Mailing addresses may be changed by notice in writing to the Board.

III. Construction and Interpretation

3.1 Definitions. In these Rules and Regulations, the following terms shall have the following meanings and all definitions shall be applicable to the singular and plural forms of such terms:

3.1.1 “Act” shall mean the Homeowners’ Associations Act, RCW Chapter 64.34., as amended.

3.1.2 "Association" shall mean Winterwood Estates Homeowners Association, a Washington non-profit corporation, its successors and assigns.

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3.1.3 "Assessment" means all sums chargeable by the Association against a Lot and its Owner, including, without limitation: (a) general and special assessments for Common Expenses, charges, and fines imposed by the Association; (b) interest and late charges on any delinquent account; (c) costs of collection, including reasonable attorney's fees, incurred by the Association in connection with the collection of a delinquent Owner's account; (d) costs and attorney's fees incurred by the Association in connection with the enforcement of the Governing Documents; and (e) all other sums payable by an Owner to the Association as provided in the Governing Documents, unless the context clearly indicates otherwise.

3.1.4 "Architectural Control Committee" or "ACC" means the committee of the Association designated and appointed under Article VII, Section 1 of the Covenants.

3.15 "Business" and "Trade" shall have their ordinary meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation or other form of consideration, regardless of whether: (a) the activity is engaged in full-time or part-time; (b) the activity is intended to or does generate a profit; and (c) a license is required to engage in the activity.

3.1.6 "Declaration" or “Covenants” means the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Winterwood Estates recorded under King County recording number 20040816002318, and any amendments thereto.

3.1.7 "Exterior Improvement" and "Exterior Improvement Project" means any alteration of exterior appearance of an Improvement, and it includes, without limitation, construction or alteration of an Improvement, grading, paving, painting, and staining.

3.1.8 "Governing Documents" means the Articles of Incorporation, Bylaws, Plat, Declaration (a/k/a Covenants), all properly adopted rules, policies, resolutions, and decisions, or other written instrument by which the Association has the authority to exercise any of the powers provided for in the Act or to manage, maintain, or otherwise affect the property under its jurisdiction, and all future amendments to any of these documents.

3.1.9 "Lot" means any parcel of real property designated by a number on the Plat, excluding the Common Areas.

3.1.10 "Occupant" means anyone who: (a) occupies a Lot as a permanent residence; or (b) stays overnight on any Lot more than fourteen (14) days in any calendar month or more than sixty (60) days in any calendar year.

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3.1.11 "Owner” or “Lot Owner" means a person who owns a Lot, but does not include any person who has an interest in a Lot solely as security for an obligation.

3.1.12 "Person" means a natural person, corporation, partnership, limited partnership, or other legal entity.

3.2 Form of Words. The singular form of words shall include the plural and the plural shall include the singular. Masculine, feminine, and neuter pronouns shall be used interchangeably.

3.3 Captions. Captions given to the various paragraph, section, and topic headings are for convenience only and are not intended to modify or affect the meaning of substantive provisions.

3.4 Severability. The invalidity of any one or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of these Rules and Regulations or any part hereof, which shall remain in full force and effect.

3.5 Interpretation. The Board shall have authority to interpret these Rules and Regulations. In the event it becomes necessary for the Board to interpret the meaning of a particular section, clause, paragraph, word or phrase contained in these Rules and Regulations, the paramount consideration shall be to determine intent. These Rules and Regulations shall be read in their entirety, together with the Governing Documents, and special emphasis should be placed on arriving at an interpretation that protects the collective interest of the Owners. Accordingly, if more than one reasonable interpretation is possible, the Board will favor an interpretation which avoids frustrating the reasonable expectations of those affected by the Rules’ provisions.

IV. Rule Making

4.1 Rule Making Authority.

4.1.1 The Board. Pursuant to RCW 64.38.020 and Article VII, Section 1(a), the Board of Directors may adopt and amend rules and regulations and exercise any other powers necessary and proper for the governance and operation of the Association not reserved for the owners.

4.1.2 Owners. Upon receiving written petition(s) signed by twenty percent (20%) or more of the Lot Owners, the Board shall submit a proposed rule change, rule amendment, or new rule (collectively, a “Rule Change”) to the Owners for vote. The Owners by majority vote, in person or by proxy, at a duly called meeting of the Association, at which a quorum is present, may adopt and amend rules and regulations, including repealing any rule and regulation previously adopted by the Board.

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4.2 Notice and Opportunity to Comment. The Board shall provide the Owners with notice and opportunity to comment on a proposed Rule Change (i.e. the adoption, amendment or repeal of a Rule and Regulation). It is sufficient for the Board to publish notice of a proposed Rule Change in the Association’s newsletter, on the Association’s website, in published meeting minutes, or in such other manner as is likely to give the Owners’ notice. The notice shall contain a general description of the proposed Rule Change and shall also specify a date, time, and location of a Board meeting or Association meeting where Owner comment will be heard.

V. Application to Existing Documents

These R&Rs shall supersede and amend any prior rules, policies, or resolutions with respect to the subject matter herein, which were adopted prior to the date written below.

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TOPIC 2: ARCHITECTURAL CONTROL AND EXTERIOR MAINTENANCE

I. Introduction

All lots and properties within Winterwood Estates are held, sold and conveyed subject to the Declaration. The provisions within the Declaration are imposed for the purpose of creating a uniform plan for the development and operation of Winterwood Estates and for the purpose of protecting and enhancing the value, desirability and attractiveness of The Winterwood Estates Homeowners Association community, as a whole. In furtherance of this purpose, the Declaration (a) imposes exterior maintenance standards and aesthetics covenants; (b) sets forth restrictions on the development, maintenance, landscaping, and use of lots within Winterwood Estates; and (c) establishes an Architectural Control Committee to review and, either approve or disapprove, plans and specifications for proposed buildings, structures, and other exterior alterations. These Rules and Regulations are adopted to supplement the Declaration and foster compliance with the architectural controls, exterior maintenance standards, and aesthetic requirements set forth in therein.

II. Architectural Control

2.1 Consent to Construction . Pursuant to Article VII, Section 7 of the Declaration, “[c]omplete plans and specifications of all proposed buildings, structures, and exterior alteration, together with detailed plans showing proposed location of the same on the particular building site shall be submitted to the Committee before construction or alteration is started, and such construction or alteration shall not be started until written approval thereof is given by the Committee.” (emphasis added)

2.2 Interpretation Policy . The Board of Directors has discussed the importance of uniform, consistent and fair application and enforcement of the Association’s Declaration relating to exterior maintenance, aesthetics, and architectural controls. This sometimes requires having to reasonably interpret the meaning of particular words in sections of the Declaration so that the intent of the particular covenants is appropriately applied and enforced. The Board, in arriving at this Interpretation Policy, has considered many factors, including without limitation:

the types of improvements owners have created, placed or installed in the past; a review of past ACC applications and the approval or denial of the same; existing community standards regarding maintenance and aesthetics; the intent of the Declaration which states that the easements, restrictions,

covenants, liens and conditions set forth therein “… are for the purpose of protecting the value and desirability…of the real property” within Winterwood Estates;

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The collective interests of the homeowners in enforcing the Declaration as it pertains to architectural controls and exterior maintenance of lots;

Now, therefore, the Board adopts the following policy as to how the Association will interpret and apply the following words as they are used in the Declaration and these Rules:

2.2.1 “Alter” and “Alteration” shall mean any and all future changes or modifications that an Owner, or his agents, may make to any part of his Lot, or the improvements upon it, including without limitation changes or additions to Structures regarding painting (paint color), siding, or roofing, as well as to all other changes or additions to the Lot, as more fully described or dealt with in Articles VII and VIII of the Declaration.

2.2.2 “Building” or “Structure”. Unless the context clear provides otherwise, the term ‘building” and “structure”, shall be interpreted synonymously to include, without limitation, fences, children’s play equipment (affixed in any way to land or secured to wood, concrete or pads), walls, driveways, walkways, patios, garages, storage sheds, outbuildings, carports, dog runs, swimming pools, mailboxes, rockery, or other physical improvements to a Lot.

2.2.3 "Construction" and "Constructed" shall mean any construction, reconstruction, erection, modification, or alteration of a Structure, except wholly interior alterations to a then existing Structure.

2.2.4 “Fence” means, without limitation, any wall, screen, hedge or barrier for the purpose of enclosing space or separating parcels of land, including without limitation a masonry wall, vegetative hedge, and barriers connected by boards, rails, panels, wire, or the like.

2.2.5 Pursuant to Article VIII, Section 8 of the Declaration, Landscaping” is defined as substantially improving the bare ground caused by the construction of the home, and/or substantially changing the natural features of a plot of ground so as to make it more attractive, as by adding lawns, trees, and bushes. Based on this definition, the Board has interpreted landscaping to include, without limitation, any grass, ground cover, vegetation, bush, tree, pond, lawn art, and lighting elements.

2.3 Architectural Control Categories and Requirements . The following is a non-exclusive list of various Exterior Improvement Projects for which approval from the Architectural Control Committee is required prior to commencing work, and design guidelines applicable to such projects.

2.3.1 Buildings. All improvements, construction and alterations of Structures or Buildings within Winterwood Estates must be harmonious with the other homes in the subdivision. This harmony includes but is not limited to, height, square footage, lot coverage, materials, finishes, colors, and the outlook or effect

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on adjacent or neighboring properties. Plans, specifications, materials, finishes, landscape design, and color schemes must be submitted to and approved by the Architectural Control Committee before beginning construction.

2.3.2 Paint. Exterior paint used on any Structure or Building must be harmonious with the other homes in the subdivision. Prior to painting all homeowners who wish to change the existing exterior color of a Structure or Building, must submit color schemes prior to the start of the project to the Architectural Control Committee for approval.

2.3.3 Fencing. Fencing materials and plans must be submitted to the Architectural Control Committee for approval prior to the work taking place. Please see Section VIII.6 regarding specific provisions and restrictions relating to fencing. In addition, the following rules on fencing shall apply.

a. Approved Fencing Materials . Natural Cedar, Redwood, and Decorative Black Iron fencing are pre-approved; however, owners must still submit an ACC application designating the materials to be used and construction plans.

b. Gates . Gates must match the design, color and height of the fence to which they are attached.

c. Horse Lots . Horse lots may use the post and rail fence, painted white (with wire for animal containment), subject to approval of the plans and specifications by the ACC. Horses shall not be enclosed only be electric fencing.

d. Front Yards . Front yards may not be enclosed with solid fencing.

e. Chain Link . Article VIII, Section 6 of the Declaration provides that “chain link fencing, behind the setback line must be either brown, green or black.” These colors refer to the color of the chain link fence. No vinyl slats shall be installed in the chain link fence of any color.

f. Invisible Fencing . Invisible fencing for animal control is acceptable and does not require ACC approval; provided that, horses shall not be enclosed only by electric fencing.

g. Good Fences Make Good Neighbors . Please talk to your neighbor first before installing a fence to discuss the location, design, and any access issues.

2.3.4 Decking/Roofing. The type and color choices for all decking or roofing materials, including samples of the same, must be submitted to the

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Architectural Control Committee for approval prior to the work taking place. Please see Section VII.5 of the Declaration regarding specific provisions and restrictions relating to Roofing Materials. Flat roofs are inconsistent with the neighborhood aesthetics and are expressly prohibited. Note that “failure to comply with the roofing materials guidelines shall require the structure to be re-roofed with approved materials.”

2.3.5 Siding. The type and color choices for all siding materials, including samples of the same, must be submitted to the Architectural Control Committee for approval prior to the work taking place. Please see Section VIII.4 of the Declaration regarding specific provisions and restrictions relating to siding materials. In addition to the siding materials listed in Section VIII.4, real stone and fiber cement board may be acceptable siding alternatives, subject to ACC approval. In particular, approved fiber cement manufacturers include: (a) HardiPlank Lap Siding (James R. Hardie) – Cedarmill; (b) CertainTeed – Weatherboards; and (c) GAF- Weatherside (Straight). Note that “failure to comply with the siding guidelines shall require the structure to be re-sided with approved materials.”

2.3.6 Driveways & Ramps. Consistent with Article VII and Article VIII, Section 7 of the Declaration, construction plans and a description of materials and samples to be used must be submitted to the Architectural Control Committee for approval prior to any construction or alteration to a driveway or ramp. Driveways or ramps must be harmonious with the existing community. Per Article VIII, Section 7, “[a]ll driveways shall be blacktopped or constructed of concrete from the improved County road to the garage and/or carport constructed on the property.” Damage to the streets, curbs, sidewalks, drainage or utilities caused by driveway connections or other improvements shall be repaired to their original condition (and to the latest edition of the King County Road Design & Construction standards) at the expense of the Owner of such driveway or other improvement. Driveways to any Lot shall be paved up to the existing up to the existing street asphalt joint (i.e. where the driveway meets the street). All utility lines or wires shall be underground.

2.3.7 Storage Sheds and Outbuildings (attached or detached). Construction plans and a description of materials and samples to be used must be submitted to and approved by the Architectural Control Committee prior to any construction taking place.

a. Plans must include: dimensions of the storage shed or outbuilding; a description of materials to be used with respect to the siding and roofing and samples of the same; paint color; foundation and/or building plans; and drawing showing the elevation of the storage shed or outbuilding vis-à-vis adjacent Structures.

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b. All storage sheds and outbuildings will be constructed of materials that match the siding and roofing materials as well as dominant colors and construction details of the existing residence. This includes, but is not limited to, window and door style and trim treatments. Small structures of 200 square feet or less may depart from this requirement, with the approval of the Architectural Control Committee.

c. Metal storage sheds or outbuildings are not considered compatible and shall not be allowed under any circumstances.

d. Detached storage sheds or outbuildings must be completed within 4 weeks of commencement of construction, including exterior painting of the Structure.

e. Unless an exception is granted by the ACC, only one (1) detached storage structure or outbuilding per residential lot will be allowed. Notwithstanding the foregoing , small structures of less than 200 square feet shall not count towards the maximum number of detached storage structures and/or outbuildings allowed on any given Lot.

f. A greenhouse or canopy shall be located behind the rear setback line of the house, and all greenhouses or canopies must be screened so as to not be visible from the street.

g. Landscaping should be designed to blend the Structure into the surrounding landscape. All setback rules apply.

h. Roof pitch for storage sheds and outbuildings should match the main dwelling pitch as closely as possible to maintain a uniform architectural appearance. Where there is more than one dwelling roof pitch, the outbuilding roof should match the pitch that will be most visible next to that of the outbuilding. Small structures of 200 square feet or less are not subject to this requirement.

i. External lighting installed with respect to a storage shed or outbuilding must be respectful of neighbors and the adjacent properties (i.e., high intensity lighting may be denied).

j. Any utility service (water, gas, electric, etc.) to a storage shed or outbuilding must be underground.

2.3.8 Screening. Whenever the Governing Documents, the Board, or the ACC, requires a Structure, Building, or other Exterior Improvement to be screened, the following guidelines on screening shall apply:

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a. Approval Required . Screening is an exterior improvement that requires ACC approval prior to beginning construction.

b. Pre-approved Screening Materials : Natural cedar or redwood fencing and natural trees or shrubbery are acceptable screening materials, subject to approval by the ACC.

No Painting. As a general rule, screening should not be painted. It is preferred to use natural hue wood stains or clear wood preservative.

2.3.9 Mailbox Shelter. Mailbox shelters modifications may be required to accommodate approved mailboxes of a larger size than originally installed. Mailbox shelter modifications must be requesting using the required ACC request form.

a. Approved architectural mailboxes must be rectangular, black in color, and will not exceed 18.5 inches in depth, 14 inches in width, and 20 inches in height.

b. The Association will arrange for approved modifications of mailbox shelters or reimburse homeowners for required materials.

2.3.10 Tree Removal. Trees are an integral part of Winterwood Estates. They provide owners with aesthetic, environmental and economic benefits. Pursuant to Article VIII, Section 10, removal of trees and shrubs and clearing of any Lot requires approval from the Architectural Control Committee. It is recognized that trimming of trees may be necessary from time to time, but clear cutting is prohibited. In the event of an unauthorized tree removal, in addition to all other remedies available at law or in equity, the Association may assess and collect fines or require that the trees be replaced, at the owner’s sole cost and expense.

2.4 Exterior Finishes . The exterior finishes of Buildings or Structures within Winterwood Estates shall be natural earth colors, except for doors and window trim, and shall be designed to harmonize with the surrounding area.

2.5 New Materials . All Buildings and Structures shall be built of new materials, with the exception of decor items, such as used brick, reclaimed wood, and similar items if approved by the Architectural Control Committee.

2.6 Construction. All building materials shall be kept neatly stacked on the Lot, not less than fifteen (15) feet from any adjacent lot. A Lot shall , throughout the entire construction of a Building, Structure or other improvement, shall be kept clean, neat, and free of garbage and debris. Screening may be required to conceal construction materials and debris from public view.

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2.7 Grandfather Provision. Any improvement, construction project, or alteration to a Lot that has been previously approved, in writing, by the ACC or Board shall not be considered to be in violation of these Rules and Regulations or future Rules and Regulations; provided that, said improvement, construction or alteration must be kept in good maintenance and repair, and that any future changes or modifications must adhere to the Governing Documents then in place, including ACC approval requirements.

III. Exterior Maintenance

3.1 Authority. Article VIII, Section 8 of the Declaration particularly addresses “Home and Landscape Maintenance.” In part, paragraph 3 of said Section provides as follows:.

All developed property, whether occupied or unoccupied, and all improvements (buildings, accessory structures, fences, etc) and landscaping shall at all times be maintained in such a manner as to prevent their becoming unsightly due to, but not limited to, deteriorating exterior materials and finishes (siding, roofing, decks, paint, etc.), unchecked growth of invasive weeds, accumulation of rubbish, improper outside storage. The property owner shall be responsible for proper care and maintenance of the road shoulders and ditches adjacent to the property and must keep them free from debris.

3.2 Yard/Home Exterior Maintenance.

3.2.1 Yard Maintenance Standards. Lawns shall be mowed regularly and edged, as necessary to maintain the attractiveness of the Lot. Deed spots in lawns should be fertilized and/or reseeded. Trees and shrubs shall be regularly pruned, dead limbs removed, and planters weeded. Leaf piles and other organic debris and materials must be kept in an enclosed container, screened from public view. Tree limbs, shrubs, bushes must be cut back so as not to obstruct the City, County, or Association signs (such as roadway signs).

3.2.2 Driveway and Walkways. Moss, leaves, pine needles, and other debris must be removed from driveways, and driveways shall be kept free of weeds and excessive cracking in the pavement.

3.2.2 Woodpiles. Pursuant to Article VIII, Section 8, paragraph 4 of the Declaration, “[w]oodpiles should be located to the rear of the house, or if in a side-yard location, be placed behind the house setback line and screened to preserve views from adjoining lots. Screening can be accomplished by landscaping, fencing, or latticework. Use of tarps for screening is unacceptable. Woodpiles may be covered by tarps of subdued colors which will blend harmoniously with the natural environment.” In interpreting this provision, the Board has adopted an

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enforcement policy that only brown or dark green color tarps shall be permissible covers for woodpiles.

3.3.3 Tarps. Except as authorized with respect to woodpiles, the use of tarps to cover debris, vehicles, roofs, fences, etc. is not acceptable and is strictly prohibited. The use of tarps in general is prohibited if visible from the street or neighboring properties. Screening, if necessary, shall be accomplished by landscaping, fencing or lattice work. Tarps may be used in conjunction with approved screening; provided that, the owner must obtain written approval from the Architectural Control Committee to use the tarp in conjunction with said screening. Community aesthetic standards dictate that it is preferable for screening to be accomplished without the use of tarps. Without limiting the foregoing, the only tarp colors that will be approved by the Board or ACC are subdued colors which blend harmoniously with the natural environment (such as black, brown, or dark green). Please see Article VIII, Section 9 on “Screening”.

3.3.4 Compost. Compost piles or heaps shall be allowed upon the Lots; provided that, it is kept in an enclosed container, screened from public view, and maintained in a neat, clean, odorless and sanitary condition.

3.3.5 Paint. Each Owner shall be responsible for keeping the exterior paint on any Buildings located on his or her Lot in good condition and repair, free of cracking, peeling, stains, or fading.

3.3.6 Holiday Decorations. Holiday displays and decorations (such as Christmas lights) must be removed and stored away from view within thirty (30) days following the holiday occurrence.

3.3.7 Roofs. Roofs should be free of excessive moss, leaves, needles, and other debris. Roofs shall be maintained in good condition. Tarps are not a permitted to cover roofs; except in the case of an emergency or emergency repairs.

3.3.8 Garbage Cans. Garbage, recycling, and yard waste containers should be removed from the curb on the day said garbage containers are picked-up and stored or screened from public view.

3.3.9 Yard Tools. Yard tools, lawnmowers, wheelbarrows, shovels, and other yard and home maintenance tools must be stored out of sight.

3.3.10 Fences. Fences should be kept and maintained in good condition and repair. Missing fence boards shall be promptly replaced and fences shall be painted, stained, or sealed on a regular basis to meet community aesthetic standards.

3.3.11 Decks and Porches. Decks and porches must be kept in good condition and repair. Decks and porches shall be kept free of moss, leaves, and

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needles. Owners shall replace any missing boards and shall paint, stain or seal the deck on a regular basis to meet community aesthetic standards.

IV. Architectural Control Infractions and Fines

4.1 Stop Work Order. Failure of a homeowner to obtain written approval from the Architectural Control Committee prior to commencing work on any project for which approval is required by the Declaration and/or these Rules and Regulations, is a violation and may result in the homeowner having to remove any unapproved work and restore said project to the original condition. Additionally, fines may be assessed for violation of these Rules or the Declaration as described in Title 9 of this book of Rules and Regulations.

IV.2 Opportunity To Be Heard . The opportunity to appeal the Architectural Control Committee/Board’s decision regarding the assessment of fines or denial of a project is available as detailed in Topic 9 of these Rules and Regulations.

IV.3 Legal Fees . Please refer to Topic 9, paragraph 2.3 of these Rules and Regulations, which provide that the Association is entitled to its attorney’s fees and costs of enforcement.

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TOPIC 3: VEHICLE PARKING AND STORAGE

I. Introduction

The Declaration addresses the topic of vehicle parking and storage, including without limitation, in Article VIII, Sections 1 and 14. These Rules and Regulations supplement the provisions on vehicle parking and storage found in the Declaration.

II. Rules of General Applicability2.1 Owners are responsible for ensuring that their vehicles are parked and

stored in compliance with all applicable county, municipal and local laws, codes and regulations.

2.2 No vehicles shall be dismantled or repaired outside of any garage or building.

2.3 Pursuant to Article VIII, Section 13 of the Declaration no Owner shall operate a home business within any Lot in Winterwood Estates involving vehicle repair, auto-body work, vehicle painting or parking.

2.4 Vehicles parked on any street within Winterwood Estates must be parked in the same direction as the flow of traffic.

III. Disabled or Inoperable Vehicles

3.1 Declaration. Pursuant to Article VIII, Section 14 of the Declaration “no disabled vehicle shall be maintained on any property for more than thirty (30) days except such vehicles that are classified as antique cars.”

3.2 Definition of Disabled Vehicle. A “disabled” vehicle shall mean any motor vehicle that is inoperative for reasons of mechanical failure, or in a state of disrepair. In determining whether a vehicle is “disabled”, the factors which will be considered include, without limitation, expired license plates, flat tires, broken or dissembled vehicle parts, if the vehicle is on stands or blocks, and a significant amount of foreign material (moss, pine needles, bird droppings, etc.) on the vehicle.

3.3 Rule on Parking. In no event shall a disabled vehicle, including a disabled antique vehicle, be parked or stored on the front half of any Lot. If a disabled vehicle is stored on a Lot, it must stored within an enclosed garage or with such aesthetic screening that it is not visible from streets or to neighbors. Screening is an improvement for which prior written ACC approval is obtained.

3.4 Emergency. The above provisions shall not apply to emergency situations where a vehicle is rendered suddenly “disabled”, in which case the owner shall be

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allowed a reasonable time, not to exceed forty-eight (48) hours, to have the disabled vehicle repaired and/or towed to an enclosed garage or moved out of public view.

IV. Recreational Vehicles

4.1 Declaration. Article VIII, Section 14 of the Declaration provides that “no trailer or camper of any type, no truck larger than ¾ ton, no truck of any type of mounting a camper or other large body, no boat or other large unsightly body, shall be parked in front of the setback line of any lot, and shall be effectively screened from public view. Neither shall any of the aforesaid be parked overnight on the street in front of any lot, except an occasional vehicle belonging to a guest.”

4.2 Definition of Recreational Vehicle. The term, “Recreational Vehicle” shall be defined as any trailer, camper, truck of any type mounting a camper or other large body, boat, motor home, jet ski, golf cart, or other recreational vehicle.

4.3 Rule on Parking. Consistent with Article VIII, Section 14, Recreational Vehicles must be (a) parked or maintained behind the front setback line of any lot; (b) must be screened from public view; and (c) must not be parked overnight on the street in front of any lot.

4.4 Cleaning, Loading and Unloading. Notwithstanding anything to the contrary herein, an Owner shall be allowed to temporarily store a Recreational Vehicle in public view for a period of no more than twenty-four consecutive hours for the purpose of cleaning, loading or unloading of the same.

V. Commercial Vehicles

5.1 Commercial Vehicles Prohibited Unless Stored in Garage/Out of View. No Owner may store or park a Commercial Vehicle upon any street in Winterwood Estates or upon any Lot, unless the Commercial Vehicle is parked inside the Owner’s garage or is otherwise screened from public view. Screening of commercial vehicles requires prior approval from the ACC.

5.2 Definition of Commercial Vehicle. A "Commercial Vehicle" means a vehicle that meets any of the following criteria:

Has a carrying capacity in excess of ¾ ton; Has dimensions exceeding 108" in height, 87" in width, or 264" in length; Is licensed in connection with any business or trade; Is licensed as a vehicle "for hire" (such as a taxi cab); Possesses post-factory lettering or signage that prominently displays, identifies, or

advertises a commercial enterprise; or, A vehicle owned by the County or other governmental agency is not a

Commercial Vehicle.

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VI. Infractions and Fines

6.1 Fines. Failure of an Owner to comply with the Declaration and/or these Rules and Regulations on Vehicle Parking and storage is a violation and may result in fines being assessed according to Topic 9 of these Rules and Regulations. The opportunity to appeal the ACC or Board’s decision as to the assessment of violation fines is available pursuant to the Association’s Rules and Regulations.

6.2 Impoundment. In addition to all other remedies available to the Association at law or in equity, if a vehicle is parked, kept, stored or maintained upon any street within Winterwood Estates or upon any Common Area in violation of these Rules and Regulations or the Declaration, the Association may cause any such vehicle to be towed from the street or Common Area and impounded; provided that, the Board or ACC, shall first post written notice of the violation in a conspicuous place on the vehicle (i.e., dashboard), and allow the owner of said vehicle forty-eight (48) hours from the date of posting to correct or remedy the violation. The vehicle owner shall be responsible for all costs related to towing and impounding of his or her vehicle.

6.3 Legal Fees. Please refer to Topic 9, paragraph 2.3 of these Rules and Regulations, which provide that the Association is entitled to its attorney’s fees and costs of enforcement.

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TOPIC 4: PETS AND LIVESTOCK

I. Introduction

Article VIII, Section 12 of the Declaration addresses the topic of “Pets & Livestock”. These R&Rs supplement the provisions on animals found in the Declaration. In the event of any inconsistency or conflict between these R&Rs and the Declaration or Bylaws of the Association, the Declaration or Bylaws shall supersede and apply.

II. Animal Nuisances

Upon the written request of any Owner, the Board shall conclusively determine, in its sole and absolute discretion, whether, for the purpose of these R&Rs, a particular animal, pet, or livestock is a nuisance or making an unreasonable amount of noise or displays dangerous propensities. Any decision rendered by the Board shall be enforceable in the same manner as other restrictions set forth in the Declaration. Notwithstanding anything set forth herein, all Owners shall comply with all applicable governmental laws, codes, ordinances, and relations pertaining to pets and livestock.

III. Excessive Noise

Repeated or excessive noise caused by pets and livestock (i.e., dog barking) may be reasonably objectionable to Owners within the Winterwood Estates residential community. Animal owners will take all necessary steps to limit excessive noise generated by their pets and livestock, especially but not limited to the hours between 10:00 p.m. and 8:00 a.m.

IV. Confinement to Lot and Leashes

Any pets or livestock permitted to be kept by an Owner on his or her lot shall be confined to said Lot and shall not be allowed to run loose within the Winterwood Estates residential community; except that cats shall be permitted to roam off an Owner’s Lot unless any such cat becomes a nuisance or causes damage to persons or property. All dogs must be leashed while not on the Owner’s Lot, or must be leashed while on the Owner’s Lot if no Fence or other restraining barrier is present. The Board may restrict the portions of the common areas on which dogs or other pets are permitted.

V. Disposal of Waste

It is the responsibility of each Owner to properly dispose of fecal waste generated by their pets and livestock.

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5.1 Dogs. With respect to dogs, an Owner must collect and dispose of any fecal waste generated by the dog(s) on his or her Lot in a timely and sanitary manner so that neither the aroma nor the appearance of any fecal matter becomes offensive to other residents and Owners within the Winterwood Estates residential community. In no event shall a dog’s fecal waste be permitted to remain on an Owner’s lot for more than three (3) days without being removed and properly disposed of. Any feces of a dog on common area property or streets within Winterwood Estates shall be immediately and properly disposed of by the owner of the dog.

5.2 Manure and Compost. No manure pile, compost heap, or other collection of decaying barnyard material shall be maintained in such a condition that it is breeding place for flies, or gives offensive odors or drainage. Manure must be kept in a covered chamber that is not visible from the street, shall not be stored within thirty (30) feet of any lot line, and shall be removed at regular intervals. Between the first day of June and the first day of October of each year, any collection of manure shall either be: carried away at least monthly; spread upon the land; be securely screened from flies; or be treated with substances which will prevent the breeding of flies.

VI. Dog Runs

No dog or animal “run” may be constructed outside without the prior written approval of the Board or ACC, subject to any such “run” being screened or otherwise placed so it is not visible from the street or neighboring Lots. Notwithstanding anything herein to the contrary, no dog run shall be allowed in front or side yards of any Lot.

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TOPIC 5: SIGNS

I. Introduction

Article VIII, Section 15 of the Declaration provides that “No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.” With respect to political signs, RCW 64.38.034 provides as follows:

(1) The governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner's or resident's property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placement and manner of display of political yard signs.

(2) This section applies retroactively to any governing documents in effect on July 24, 2005. Any provision in a governing document in effect on July 24, 2005, that is inconsistent with this section is void and unenforceable.

The terms of RCW 6.38.034 affect the restrictions on signs set forth in Article VIII, Section 15 of the Declaration. The purpose of these R&Rs is to provide for consistent handling of the posting of signs by Owners, as modified by RCW 64.38.034. Doing so enhances Owners’ knowledge and awareness of their rights and limitations as to the display of signs.

II. Rules

2.1 Sign Restrictions, Generally. Pursuant to RCW 6.38.034 and Article VIII, Section 15 of the Declaration, no signs other than political signs and one (1) real estate sign to offer an Owner’s property for sale or rent (not to exceed five (5) square feet) are permitted. Permitted signs must comply with the R&Rs on signs set forth herein.

2.2 Real Estate Signs. Pursuant to Article VIII, Section 15 of the Declaration, real estate signs are those used to market a property for sale or rent or signs used by the builder to advertise property during the construction and sales period. Within ten (10) days after transfer of ownership (a/k/a “closing”) or lease commencement, whichever is applicable, the real estate sign must be removed.

2.3 Temporary Open House Signs.

2.3.1 Policy Statement by Board. Temporary “open house” signs, if used in conjunction with a real estate sign, would exceed the maximum number of

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signs permitted upon any lot. However, the Board recognizes that open house signs are commonly used in real estate industry and are important in the marketing of Lots for sale or rent. The Board adopts a policy that strict enforcement of Article VIII, Section 15 as to “open house” signs would adversely impact the marketability of homes within Winterwood Estates.

2.3.2 Rule. Two (2) open house signs, each no more than five (5) square feet, are permissible. One open house sign may be displayed on the Owner’s Lot. The second open house sign may be displayed at the entrance to the Association to direct prospective buyers or tenants to the Lot. Except with respect to the one sign allowed at an entrance to the Association, no real estate or open house sign shall be placed on common area or any street in Winterwood Estates. No open house sign may be affixed or mounted to any object, including sign posts, so as to make for easy and quick removal on a daily basis. Open house signs shall be permitted to be displayed only while a realtor, agent, or Owner is showing his or her Lot to prospective purchasers or tenants and must be removed promptly after the open house is over.

2.4 Political Yard Signs. Political yard signs: (i) are permitted only during a period beginning six weeks before the election to which they relate; (ii) may not exceed nine (9) square feet per sign in total area (as opposed to copy area); and (iii) must be removed within ten (10) days after the election (including any court challenge to it) is concluded.

III. Items Not Considered Signs

The following are not considered a “sign”:

3.1 Address. A display of the Owner’s name or the Lot address on the Owner’s home, mailbox, mailbox post, or a brick or stone pillar or monument.

3.2 Premises Locator. A premises locator required by fire regulations or the like.

3.3 Information Box. An “information box” for flyers and other marketing materials advertising a home for sale or rental; provided that the information box shall not be larger than necessary to accommodate a standard 8.5’’ x 11’’ flyer.

3.4 Temporary Safety Signs. Temporary safety signs advising or warning as to a present or potential danger or in the interest of safety (e.g. temporary children at play sign), not to exceed five (5) square feet.

3.5 Home security placards or signs. Provided that, not more than two (2) such signs shall be visible to public view and provided further that no such sign shall be larger than one (1) square foot.

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3.6 Birthday and Anniversary Announcements. Signs announcing personal milestones (e.g. birthdays and anniversaries); provided that any such signs shall be removed within seven (7) days of first display or posting.

3.7 Association Signs. Signs or notices posted by the Board or its authorized agents on common area property, including without limitation, no trespassing signs, traffic and parking signs, and meeting notices.

IV. General Restrictions

The following restrictions shall apply to all signs and also to those items not considered “signs” pursuant to Section III above: (1) the sign or non-sign must be freestanding and mounted on a post or stake. May not be attached to a tree or other natural surroundings; (2) no illuminated signs; except, illuminated address signs as approved by the Board or ACC; and (3) in the interest of safety, must be located to avoid interference with traffic and traffic views.

V. Sign Repair and Maintenance Responsibilities

Owners shall be responsible for the maintenance of all signs erected, displayed or placed on their Lot or in connection therewith. Maintenance and repair shall include, but not be limited to: (1) reattachment or removal of the sign within 48 hours of it being dislodged from its original point of installation or damaged; and (2) repainting or replacement, if for any reason the exterior surface of the sign or any supporting posts becomes worn, disfigured, or deteriorated.

VI. Infractions and Fines

6.1 Should an Owner fail to comply with the R&Rs, the Association may fine the Owner, following notice and opportunity for hearing, and take such further action, legal or otherwise, as permitted by the Governing Documents or Washington law.


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TOPIC 5: SATELLITE DISHES AND ANTENNAE

I. Introduction

Article VIII, Section 11 of the Declaration provides that: “[n]o radio or television antennae, or transmitters shall exceed twenty (20) feet above the roof ridge line of a dwelling, and no separate towers therefore shall be permitted, without first obtaining written approval from the Architectural control committee.”

Laws and regulations adopted by the federal government and the Federal Communications Commission (“FCC”) affect the control of satellite dishes, antennas, and electronic transmitters for communication services (collectively “Transmission Devices”). Addressing this issue in these R&Rs enhances Owners’ knowledge and awareness of their rights and limitations under federal law and FCC provisions, and lessens the chance for misunderstanding and confusion.

II. Definitions for Topic 5

2.1 "Act" means the Telecommunications Act of 1996, and any amendments thereto.

2.2 "OTARD" means the Federal Communication Commission “Over-the-Air Reception Devices Rule”.

2.3 "Dish" means an antenna that is one meter (39.37") or less in diameter, and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

2.4 "Mast" means any pole, stick, pipe, or the like, and supporting equipment, which has been erected vertically, under or around the Dish for the purpose of mounting the Dish in order to elevate it.

2.5 "Cable" means a hard wire connection to or from a Dish, or to or from a receiving unit within the home which is or may be connected to your television or a device connected to your television.

III. Purpose/Intentions

It is the Association’s goal to adopt and implement rules governing the installation and maintenance of Transmission Devices to ensure a uniform community appearance thereby enhancing the livability, atmosphere and quality of the community while complying with federal laws and regulations. It is not the intent of the Association to: (1) ban all Dishes or other Transmission Devices; (2) unreasonably delay or prevent

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installation, maintenance or use of a Dish or Transmission Device; (3) unreasonably increase the cost of installation, maintenance or use of a Dish or Transmission Device; or (4) preclude reception of an acceptable quality signal.

IV. Installation

An Owner has the right to and may install a Transmission Device on his or her Lot. However, such installation is subject to the R&Rs. The Association encourages and recommends that any Owner desiring and intending to install and use Transmission Device first contact and discuss his or her intentions and these R&Rs with the Association if such installation will be visible to neighbors, the street, or common areas. This will help prevent needless waste of time and money in the event the Owners’ intentions do not comply with the Associations R&Rs or the Act and other laws and regulations.

V. Requirements

The following requirements apply to the installation of Transmission Devices or Dishes:

5.1 Size of Dish. In accordance with the FCC rules governing OTARD, Owners may only install Dishes that are one meter or less in diameter. One meter is equal to 39.37 inches, and “diameter” is the distance measured across the widest part of the Dish. No Dish exceeding the FCC indicated size of one meter (39.37 inches) may be installed.

5.2 Color. The color of the antennae, Dish, the Mast and any other equipment shall be compatible with the colors and aesthetics of the Owner’s home, Lot, and the Association community, as a whole.

5.3 Placement of the Dish/Antenna. The placement of a Transmission Device upon an Owner’s Lot is subject to prior approval by the Board or ACC. Transmission Devices and their components and related equipment must be placed in a manner to minimize their view from streets, neighboring lots, and common areas.

Transmission Devices and supporting equipment: (1) may not encroach on another owner’s air space; (2) must be placed out of view from the street, neighbors and common areas, when possible; (3) must not present a safety hazard or a endanger other persons or property; and (4) are subject to the Association’s reservation of the right to require an owner to put screening around the dish to hide it from view, as long as the screening does not make it too difficult or expensive to install the dish, or hinder the signal.

The Association has the following placement preferences or recommendations regarding where owners should consider placing or locating their Transmission Devices:

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In the backyard, using a mast; In a location that is not visible by other Owners; In a location that is not visible from the street; and On the backside of the house.

5.4 Maintenance and repair. The Owner shall be responsible for the maintenance of any Transmission Device and other related equipment or fixtures installed on his or her Lot, including if installed by tenants/non-Owner occupants. Maintenance and repair shall include, but not be limited to:

Reattachment or removal within 72 hours of dislodgment from its original point of installation;

Repainting or replacement, if for any reason the exterior surface of the Dish becomes worn, disfigured, or deteriorated, provided that any repainting does not interfere with an acceptable quality signal;

Repair or replacement, if for any reason the Dish no longer retains its original condition; and

Repair or replacement to prevent the Dish from becoming a safety hazard.

Should the Owner fail to maintain the Dish/antennae properly, the Association may fine the Owner, following notice and opportunity for hearing, and take such further action, legal or otherwise, as permitted by the Governing Documents or Washington law.

VI. Government Regulations

Local zoning and other governmental authorities may require a permit to ensure the safe installation of a Transmission Device and related equipment. Each Owner is individually responsible for checking with local zoning authorities and any other applicable governmental agencies, to ensure their compliance with all governmental requirements, and should do this prior to installation of a Dish or other Transmission Device and related equipment. Compliance with local law and government regulations is required. Owners may not and must not rely on his or her compliance with these R&Rs, or on any approval or determination by the Association granting permission or an opinion on an Owner’s desire to install and use a Transmission Device, as to whether owner is in compliance with governmental laws or requirements which may also apply. The Association has no control over an Owner’s compliance with, or the content of, such laws or requirements, and these R&Rs were prepared solely for the Association’s needs, benefit, and rights, without consideration of what such local laws and requirements may be. Accordingly, each Owner is individually responsible for inquiring into and complying with all applicable federal, state and local laws and requirements pertaining to installation and use of Dishes, Transmission Devices, antennas, and related equipment.

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TOPIC 7: RENTALS

I. Introduction

The Board of Directors has discussed the issues posed by tenants/non-Owners residing in the Winterwood Estates residential community, especially with regards to their knowledge and compliance with the Association’s Governing Documents. Failure by Owners, realtors, and property managers to provide copies of the Association’s Governing Documents to prospective and actual tenants, or even informing them that they exist, can lead to a variety of problems for the Association. In the interest of ensuring that the Association has adequate information with which to communicate with Owners and their tenants about Association issues, and to enhance the Association’s ability to communicate regarding tenants’ compliance with the provisions of Governing Documents, the Association has adopted these R&Rs.

II. Definitions

2.1 “Renting or Leasing” shall mean the granting of a right to use or occupy a home, for a specified term or indefinite term in exchange for the payment of rent (that is, money, property or other goods or services of value) or occupancy of a home by a person or persons other than its Owner, whether or not rent or other consideration is paid to the Owner. The terms “renting” and “leasing” may be used interchangeably and do not mean or include joint ownership of a home by means of joint tenancy, tenancy-in-common or other forms of co-ownership, or the occupancy of a home by any person who resides in a home with its Owner, whether or not rent is charged. Leasing shall also include any sub-leasing or sub-renting and assignment of leases or rental agreements.

2.2 “Occupant” shall mean anyone who: (a) occupies a Lot as a permanent residence or who; or (b) stays overnight on any Lot more than fourteen (14) days in any calendar month or more than sixty days (60) days in any calendar year.

III. Obligations of Owner/Landlord

3.1 Owner to Provide Governing Documents to Tenant. At or before the time a lease agreement is signed between owner and a tenant(s), owner or owner’s agent will provide copies of the Governing Documents and any amendments thereto, to the tenant, and urge tenant to read them.

3.2. Owner to Provide Tenant Information to Association. After a lease agreement is signed, an Owner must provide to the Association in writing the following information:

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Owner Contact. The address and phone number at which the Owner can be contacted by the Association during the lease term;

Emergency Contact. The name, address, and telephone number of a person, other than the Owner or Tenant, whom the Association can contact in the event of an emergency;

Copy of Lease. A copy of the lease agreement showing the name(s) of tenants or occupants, rent to be received, address for the rental property, the commencement date and expiration date of the lease term, and compliance with paragraph IV below;

Tenant Contact. The name of every tenant signing the lease agreement, their home or cell phone number(s), and, tenant’s email address (if any).

3.3 Owner Responsibility. Owner is responsible for tenant’s compliance with the Governing Documents and shall be liable for any violation of or non-compliance with the Governing Documents by tenant, tenant’s family members, guests, or agents.

IV. Lease Requirements

All leases and rental agreements shall be in writing. Copies of all leases and rental agreements shall be delivered to the Board before the tenancy commences. Any lease or rental agreement must provide that the tenant, tenant’s family members, guests, and all invitees shall be subject in all respects to the provisions of the Governing Documents of the Association, and that any failure by the tenant, tenant’s family members, guests, or invitees to comply with any of the terms of the Governing Documents shall be a default under the lease or rental agreement. If any lease does not contain the foregoing provisions, such provisions shall nevertheless be deemed to be part of the lease and binding upon the Owner and the tenant(s). Any Owner who leases his Lot or the residential Structures situated thereon

V. Additional Rules

5.1 Owner as Landlord. The Association does not and will not provide services to tenants that are typically provided by a landlord, including without limitation, preparing a home to be leased, collecting rent, performing maintenance or repairs, and addressing tenant complaints.

5.2 Tenants’ Rights. Tenants do not have voting rights under the Association’s Governing Documents. However, they are welcome to assist the Association by serving on committees (except the ACC) and volunteering their time for the benefit of the community.

5.3 Existing leases. All Owners with an existing written lease agreement in place or tenant residing in their house must comply with all the provisions of these R&Rs at the time of renewal or extension of such lease or when they lease to another tenant, whichever first occurs. Owners who have rented out their house under verbal agreement, or who have tenants in their home on a month-to-month basis due to their

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written term lease agreement expiring and tenant continues to live in or rent the house must comply within twenty (20) days from the date these R&Rs are mailed to the Owner or tenant.

5.4 Single Family Occupancy. Pursuant to Article VIII, Section 1 of the Declaration, only single-family residential dwellings are allowed to be constructed on lots within Winterwood Estates. As such, no Owner may lease less than his entire Lot or the residential structures located thereon, in violation of this restriction.

VI. Violations, Fines, Investigation

6.1 Violations of Single Occupancy. Violations of Article VIII, Section 1 of the Declaration are subject to the Association’s R&Rs on Violations Fines and Notice and Opportunity to be Heard, which impose fines of $10.00 per day if the violation is not corrected within the thirty (30) day cure period.

6.2 All Other Rental Violations. Fines with respect to all other violations of these R&Rs on Rentals shall be imposed according to the following fine schedule:

6.2.1 Continuous Offenses. For those violations of this R&R that are continuing in nature (e.g. failure to submit a signed lease to the Board prior to renting), fines will begin accruing immediately after the Board sends notice of the violation to the offending Owner in the amount of $25.00 per day until the violation is corrected.

6.2.2 Intermittent Offenses. If the violation involves an intermittent offense or conduct (e.g. “offensive activity” by a tenant pursuant to Article IX, Section 4 of the Declaration), the Association may levy fines on a per incident basis as follows:

1st offense = Warning to the owner and occupant

2nd offense = $25.00

3rd offense = $50.00

4th offense and each subsequent offense = $100.00 per offense

6.3 Right to Appeal. Any fines imposed by the Association shall be subject to an Owner’s right to appeal and opportunity to be heard as set forth in Topic 9 of the Association’s R&Rs.


WINTERWOOD ESTATES HOMEOWNERS ASSOCIATION

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RULES AND REGULATIONS

TOPIC 8: ASSOCIATION RECORDS RETENTION AND RECORDS REQUESTS

I. Background

Winterwood Estates Homeowners Association is subject to the Washington Homeowners’ Association Act (RCW Chapter 64.38). RCW 64.38.045 provides, in part, that that a homeowners’ association shall keep “financial and other records sufficiently detailed to enable the association to fully declare to each owner the true statement of its financial status”

RCW 64.38.135 provides, in part, that a nonprofit corporation shall keep the following documents in the form of a record: (1) current articles and bylaws; (2) a list of members, including names, addresses, and classes of membership, if any; (3) correct and adequate statements of accounts and finances; (4) a list of officers' and directors' names and addresses; and (5) minutes of the proceedings of the members, if any, the board, and any minutes which may be maintained by committees of the board.

RCW 64.38.045 further provides that association records shall be available for examination by all owners, holders of mortgages on the lots, and their respective authorized agents on reasonable advance notice during normal working hours at the offices of the association or its managing agent. Both RCW 64.38.045 and RCW 64.38.135 authorize a nonprofit homeowners association to impose and collect a reasonable charge for copies and inspection costs.

The term, “record”, is not defined within the context of the Homeowners’ Association Act.

II. Purposes

To define which Association documents are considered “records”; To deal with privacy and confidentiality concerns related to records inspection; To establish guidelines for retention and handling of Association records; To establish procedures regarding the timing, examination and copying of

records, considering that the Association has no office staff and no “normal working hours” and to avoid disorder to association files resulting from records inspection;

To make owners aware of the charges and costs associated with records inspection;

To prevent abuses of the examination process; To clarify the Association’s policies regarding the use of email and distribution of

email addresses; This R&R balances a homeowners’ right to inspect Association documents and

records against the burden on the Association and its limited resources.

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III. Definition of Record

The term, “record” or “records”, shall mean the following documents and any amendments or revisions thereof: (1) Governing Documents of the Association; (2) Board members’ and officers’ names and addresses; (3) Owner’s names and addresses on file with the Association; (4) Names and addresses of other known occupants of lots within the Association; (5) Financial records, including bank records, checks, and invoices; (6) Contracts with third parties; (7) Telephone numbers of Owners provided by them to the Association (if any), with the exception of unlisted telephone numbers; (8) Approved and adopted meeting minutes of any annual or special meeting of the homeowners or Board meeting; (6) Meeting minutes of committees as approved by the committee or Board (if any); (7) Written consents in lieu of meetings of the Board of Directors; (8) Written resignations of the Board members, officers, or committee chairs; (9) Written materials and other documents submitted by a homeowner to the Board or any committee; (10) newsletters; and (11) letters or other written correspondence constituting official communications between the Board, an officer or a Committee regarding Association business.

Notwithstanding the foregoing, “records” do not include any of the following documents: (1) Documents that contain privileged or confidential information as determined by applicable law, including without limitation documents protected by the attorney-client privilege or attorney work product doctrine; (2) Attorney billing statements containing narrative descriptions of the work performed; (3) Email addresses of Board Members or homeowners unless they have specifically given permission to the Association to disclose said email addresses; (3) Personal notes, memoranda, email or other writings of or to Board members, officers or committee members made by them or sent to them for their own personal use and purposes and not for official Association business; (4) Letters or other written correspondence (including e-mail) reflecting individual views of Board members, officers or committee members which are not reflected in official meeting minutes or correspondence from the Association; (5) Duplicate copies of any document; (6) Documents containing private information, including without limitation bank account numbers and social security numbers, may be redacted.

In the event the above definitions fail to address whether a particular document is an Association record, the Board, in its sole discretion, shall make a determination on a document by document basis.

IV. Records Maintenance, Retention, and Destruction

Records shall be kept at the Association’s business office or the office of the Association’s registered agent or attorney. Records shall be kept for a period of six (6) years, after which they may be destroyed with the Board’s consent. Any documents that do not constitute records need not be kept by the Association and may be destroyed at any time. The Association reserves the right, in the interest of efficiency, space and storage costs, to keep and preserve records by use of scanning and storage on

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computer hard drives or disks. Unintentional or inadvertent failure of a Board member, officer, or committee member to comply with the foregoing record maintenance requirements shall not constitute a violation of these R&Rs.

V. Requests Record/Examination and Copying

The following guidelines and requirements will apply to all requests by Owners to inspect Association records:

5.1 Application. Requests to inspect records must be made in writing to the Association’s property manager or Board. To conserve Association resources and the amount spent on attorney’s fees, please do not send your records requests directly to the Association’s attorney unless directed to do so by the Board or the Association’s property manager. The records request shall include the requestor’s proposed dates and times for the examination. If the Owner wishes to examine particular documents, please specify the name, title, date or subject matter of the documents being requested. In addition, the request shall include the name, profession and capacity of any person, attorney, accountant, or agent that the Owner wishes to accompany him or her during the examination.

5.2 Privileged Documents. Certain Association records and documents contain privileged information regarding legal matters that are protected from disclosure and inspection by Owners. As such, documents deemed privileged will not be produced in response to records requests, even if properly identified.

5.3 Timing and Response. The Association will accommodate a request to inspect records within a reasonable time. The amount of time that it takes for the Association to accommodate such requests will depend on a number of factors, including without limitation, the Association’s ability to locate the documents being requested, whether the documents contain legal or privileged information, the volume or size of the document request, and the other demands on the Association and its property manager at the time the request is made. In no event shall it take the Association more than thirty (30) days to respond to or accommodate a request to inspect Association records.

5.4 Location of Inspection. The Association shall determine, in its sole discretion, the location where documents and records will be made available for inspection. Unless otherwise stated by the Association, records and documents shall be made available for inspection at the Association’s business office or the office of the Association’s legal counsel, Curran Law Firm, P.S., 555 W. Smith Street, Kent WA 98032.

5.5 Decorum/Trespass. The Association may, at its option, have a representative present, at all times, during the inspection of Association records. No Owner or agent of an Owner shall engage in any conduct which, by its nature, is intended to harass, threaten, or offend any representative of the Association who is supervising the inspection of records. The intention of this guideline is to ban profane, intimidating, threatening, harassing, or abusive physical or verbal conduct while

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examining Association records or documents. Should an Owner or any agent of an Owner be deemed in violation of this section, the violator, Owner, and any of his or her agents may be asked to leave or be trespassed from the premises without further rights to the examine, review, and copy Association records or documents. Any future records requests made by a person who has violated this Section 5.5 may be satisfied by copying and mailing the requested documents to the Owner, at Owner’s cost.

5.6 Copying and Mailing. The Association may respond to records requests by copying and mailing the requested documents to the Owner or the Owner’s authorized agent, unless a physical inspection of the original documents is timely requested.

5.7 Costs. All costs and expenses incurred by the Association in relation to an Owner’s request to inspect Association records, including without limitation, the costs associated with preparing and compiling documents for inspection, postage and mailing costs, copy charges, staff time, attorney’s fees, and reasonable office usage fees, shall be charged to the Owner making the request and billed in the same manner as assessments.

a. Copying. The Association will bill the Owner a flat fee of twenty-five cents ($0.25) for each page copied in response to a records request, plus staff time and other charges.

b. Staff Time: The Association may bill the Owner for all time spent by the Association’s property manager, attorneys, or staff in handling records requests at the same rate as said persons may bill the Association.

c. Room Charge: The Association may impose a reasonable office usage charge, which shall not exceed fifty dollars ($50.00) per hour.

d. Postage: An Owner shall be responsible for paying the actual amount spent by the Association on postage.

5.8 Limitations. In no event shall the Association or its property manager be obliged to accommodate inspections of documents outside of normal business hours (between 9:00a.m. and 5:00p.m.) or inspections lasting longer than four (4) hours. Inspections must be conducted by the owner alone or in conjunction with the Owner’s legal counsel or authorized agent. Owners may not transfer their right to inspect records to other owners. An Owner may not make a records request on behalf of another owner. The Association will not respond to records requests from non-Owners residing within the Association.

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TOPIC 9: VIOLATIONS, FINES, AND NOTICE AND OPPORTUNITY TO BE HEARD

I. Background

Winterwood Estates is a residential community that is subject to protective covenants and restrictions designed to protect the value and desirability of our properties. Common courtesy dictates that our actions not infringe on the rights of other Owners and occupants. These R&Rs are designed to promote the harmony and cooperative purpose of the community, to ensure that Owners and occupants achieve maximum enjoyment of their property, and to foster compliance with the Association’s Governing Documents.

Each Owner shall be fully responsible for ensuring compliance with the Association’s Governing Documents by their family members, guests, tenants, invitees, and other occupants of their Lot while such persons are within the Association’s boundaries.

II. Violations, Investigation and Fines

2.1 Introduction. R.C.W. 64.38.010(11) provides that an association can levy reasonable fines in accordance with a previously established schedule adopted by the Board of Directors and furnished to the owners for violations of the Governing Documents of the Association.

2.2 Investigation / Notice of Violation. Once a possible violation is reported or otherwise becomes known to the Association, the Board will use ordinary and reasonable care in determining whether a violation has actually occurred and whether to pursue enforcement of the violation. If a violation is found, the Board will send written notice of the violation to the offending Owner, warning him or her that if the violation is not corrected within thirty (30) days or if the same offense is repeated after said thirty (30) day period that violation fines will be imposed against said Owner pursuant to these R&Rs.

2.3 Legal Action. In the Board’s discretion, legal action may be taken against the violating Owner at any time after a compliance deadline is given to said Owner and the Owner fails to comply or, in the case of an “intermittent” offense, the Owner commits a subsequent violation. Additional fines will continue to be assessed and accrue while any enforcement or other legal action is in process if the Owner continues to violate the requirements of the Governing Documents. The Association shall be entitled to recover any costs and reasonable attorney’s fees incurred in connection with the enforcement of these Rules and Regulations, whether or not the enforcement activities result in suit being commenced or prosecuted to judgment. In addition, the prevailing party shall be entitled to recover costs and reasonable attorney’s fees on appeal and in the enforcement of a judgment, whether in the State of Washington or in sister states.

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III. Schedule of Fines

3.1 Violations of Article VIII. The Declaration provides that any violation of Article VIII of the Declaration that is not cured within thirty (30) days after receipt of written notice of such violation shall result in fines being imposed at the rate of $10.00 per day, after the expiration of such thirty (30) day period.

3.2 Intermittent Offenses Under Article VIII. If the violation involves an intermittent offense or conduct (for example, the failure to quiet and control a barking dog, failure to pick-up dog feces, or other periodic noise nuisances which are disturbing to other members of community), the Association may levy fines at the rate of $10.00 per incident for each violation that occurs, after expiration of the thirty (30) day compliance period.

3.3 All Other Violations. The fine schedules set forth in paragraphs 3.1 and 3.2 above shall also apply to all other violations of the Association’s Governing Documents, except if the Board adopts and publishes a separate fine schedule for specific violations of the Governing Documents. For instance, please see Topic 7 of these R&Rs for specific fines applicable to violations of the Association’s R&Rs on rentals.

3.4 Right to Appeal. Any fines imposed by the Association shall be subject to an Owner’s right to appeal and opportunity to be heard as set forth in Section IV below.

IV. Collection of Fines

The Association will bill the violating Owner the applicable fines at such time and for such periods as the Association considers reasonable. All fines imposed by the Association upon an Owner or Owners may be handled and collected upon in the same fashion and with like effect as assessments under the Association’s Governing Documents and the laws of the State of Washington.

Violation fines imposed by the Association shall constitute a lien on the Owner’s lot and all its improvements in the same manner and with like effect as a lien for unpaid assessments. The Association may record a formal Notice of Claim of Lien with King County when: (a) the total amount of unpaid violations fines with respect to a particular Owner equals or exceeds $100; or (b) any violation fine has remained unpaid for more than ninety (90) days. The amount of the lien shall include interest, and all costs and expenses, including attorney’s fees, incurred by the Association in the collection of such unpaid fine(s).

V. Request for Hearing/Opportunity to be Heard

5.1 Introduction. Any Owner found by the Board to be in violation of Governing Documents provisions or requirements may request a hearing to offer a defense to, or to explain extenuating circumstances regarding, the imposition of fines.

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5.2 Request for Hearing. The Owner must complete a written Request for Hearing which shall be mailed or delivered to the Association. Said written request for a hearing must be made within thirty (30) calendar days of the Owner’s receipt of the violation notice. The appeal request must contain the following:

Owner’s name and address; Owner’s reasons, basis and defense for the hearing; A copy of all supporting documentation; The name of any attending attorneys, witnesses or other collaborating guests; The Owner’s signature; and The Owner’s proposed date for the hearing.

5.3 Hearing Procedure.

a. The Owner will be sent confirmation by the Association of its receipt of the Request for Hearing.

b. The Board will assemble and act as the Review Board or appoint and name representative(s) to act as a Review Board (the “Review Board”), within seven (7) calendar days following receipt of a written Request for Hearing complying with the information requirements set forth above.

c. No later than ten (10) calendar days following the formation of the Review Board, the Review Board shall mail or deliver notice to the appellant Owner of a hearing date, which notice will provide the date, time, and location of the hearing, which is to be determined by the Review Board.

d. The Review Board will permit the appealing Owner up to twenty minutes to explain the circumstances of the matter and provide grounds as to why the fine should be waived, reduced or cancelled.

e. At the conclusion of the presentation, the hearing will adjourn, and the Review Board will review the circumstances of the Request for Hearing as presented.

f. Within seven (7) calendar days of the hearing, the Review Board will mail or deliver written notice to the owner of the Review Board’s decision.

g. If the Review Board finds in favor of the owner, it will advise the Owner as to whether the violation or fines originally imposed are reduced, modified, or waived. Any adjustment(s) shall reflect on the Owner’s account the following month.

h. If the Review Board determines that the Owner’s explanation or defense presented at the hearing was inadequate or otherwise failed to justify

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a reduction, modification, or waiver of the violation or fines, the Owner will be so notified, in which case the fines imposed will continue as owed to the Association until paid in full regardless of whether the violation has since been removed or corrected. In any event, if the Review Board finds against the Owner, the fines will continue to accrue until full and adequate compliance occurs by the Owner.

i. Failure to Appeal. An Owner who fails to request a violation fine hearing within the thirty (30) day period, or who fails to make the request in writing, or who fails to comply with the information requirements contained in paragraph (B) above, shall be found liable for the violation and shall be deemed to have waived his/her right to a hearing.

VI. Enforcement

The Association shall be entitled to recover from the offending Owner all attorney’s fees and costs associated with enforcement of these R&Rs, whether or not legal proceedings are actually commenced.

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TOPIC 10: ASSESSMENT COLLECTION

I. Introduction

The Association requires a steady, dependable cash flow from Assessments to conduct its operations, maintain common areas, and enforce its Governing Documents. These Assessment Collection R&Rs (the “Collection Policy”) are intended to establish a uniform, fair, and consistent manner of collecting assessments charged against an Owner and his or her Lot.

II. Definitions of Assessment

"Assessment", when used in connection with the Governing Documents, means all sums chargeable by the Association against a Lot including, without limitation: (a) regular and special assessments for common expenses, charges, and fines imposed by the Association; (b) interest and late charges on any delinquent account; and (c) costs of collection, including reasonable attorney's fees, incurred by the Association in connection with the collection of a delinquent Owner's account.

III. Due Date for Regular Annual Assessments

Pursuant to Article V, Section 8 of the Declaration, the Board of Directors shall fix the amount of each annual Assessment against each Lot at least thirty (30) days in advance of each annual Assessment period. Notices regarding Assessments being due shall be sent to each Owner at his or her property address within the Association. Said notice shall clearly state the Assessment amount owed and due date. Unless otherwise specified by the Board, the annual Assessment period shall be the calendar year and annual Assessments shall be due and payable in advance on or before the first day of January 1st, each calendar year.

IV. Interest and Late Fees and NSF Charges

IV.1 Statutory Authority . R.C.W. § 64.38.020(11), provides that an association can impose and collect charges for late payment of assessments. In order to provide additional incentive to owners to timely pay assessments the following late charges rule is being adopted by the Association

IV.2 Interest and Late Fees . Consistent with Article V, Section 8 of the Declaration “[a]ny assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum.” Interest will be imposed on the entire delinquent assessment balance, including unpaid monthly Assessments, special Assessments, late fees, fines, and all other charges; however, interest will not be compounded (i.e., interest that has been imposed will not also accrue

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interest). In addition to interest, if an Assessment is not paid by an Owner within thirty (30) days after the due date, a one-time late charge of twenty-five percent (25%) of the unpaid assessment amount shall be imposed against the delinquent Owner and his or her Lot.

IV.3 NSF Charge . A charge of $25.00 will be imposed against an Owner each and every time a check provided by or on behalf of the Owner is returned NSF or rejected by the bank or financial institution on any other grounds.

IV.4 Billing for Late Fees, Interest, or NSF Fees . The Association is not required to formally bill the Owner for late charges, interest, or NSF fees, as they automatically accrue after expiration of the periods set forth above.

V. Assessment Lien

Pursuant to RCW 64.38, et seq. and Article V, Section 1 of the Declaration, unpaid Assessments are a charge against the land and shall be a continuing lien upon the Lot against which each such assessment is made. The Association may record a Notice of Claim of Lien for unpaid assessments in the real property records of King County, if the Owner’s delinquent assessment balance exceeds $500.00.

VI. Collections and Application of Payments

VI.1 Collections by Attorney . The Board may send any account to an attorney for collection if said account has a delinquent assessment balance over $500.00. The costs of collection, including reasonable attorney’s fees, are recoverable from the delinquent Owner, pursuant to Article V of the Declaration, whether or not such collection activities result in suit being commenced and prosecuted to judgment.

VI.2 Application of Payments . Payments from Owners will be applied to their account balances in the following order:

a. Attorney’s fees and costs of collection;b. Interest;c. Late Fees;d. Fines and other miscellaneous charges; e. Regular annual or special Assessments (payments shall be applied

to the oldest delinquency first).

VI.3 Collection Procedure . The Association will use the following procedures to secure payment from an Owner who is delinquent in paying Assessments:

VI.3.1 First Letter. The Association will mail to an Owner who is delinquent in paying assessments a First Letter that:

Informs the Owner that they are delinquent in paying assessments;

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States the dollar amount that the Owner owes as of the date of letter; Provides the name and telephone number of the Association

representative or agent that the owner may call if they have questions.

VI.3.2 Second Letter. If the Owner does not comply with the First Letter, the Association will send the owner a Second Letter that:

Reminds the Owner of the First Letter and any deadlines for payment; States the amount that the Owner owes as of the date of the Second

Letter; Informs the Owner that if they do not comply with the Second Letter, the

Association may record a formal Notice of Claim of Lien against the owner’s Lot or turn the matter over to the Association’s attorneys for collection or authorize its attorneys to record a formal Notice of Claim of Lien against the Owner’s Lot. The attorneys’ fees and recording costs to prepare and record the lien will be added to the Assessment amounts that the Owner owes. The Owner will also be responsible for paying all attorney’s fees and costs (i.e., recording costs), prior to the Association releasing its Lien from his or her Lot.

VI.3.3 Third Letter . After the Association records a Notice of Claim Lien against the Owner’s Lot, the Association, through its attorney or the Board, will send a Third Letter to the Owner that:

Provides the Owner with a copy of the Notice of Claim Lien recorded with King County;

States the total amount that the Owner owes as of the date of the Third Letter, which will include Lien preparation fees and recording costs;

States a final deadline for the Owner to pay the amount(s) that they owe; and

Informs the Owner that if they do not comply with the Third Letter, the Association may start a collection lawsuit against the Owner, which may include lien foreclosure.

VII. Discretion of Board

In keeping with the ideal of courteous and respectful relations between the Association and individual Owners, there may be occasions where an Owner is unable to pay part or all of his or her Assessments, and has become delinquent, due to a family tragedy or other event which has severely impacted family finances and the ability to pay Assessments. In this case, the Association reserves the right to exercise discretion in its Assessments enforcement from time to time, where it determines that the failure to pay Assessments is due to reasons beyond the Owner(s)’ control or other legitimate factors exist which effect the ability of that Owner to pay at a particular point in time. Accordingly, the Association reserves the right to defer or delay Assessment payment and reserves the right to “settle” delinquent Assessment situations by accepting

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reasonable installment payment plans, where verifiable hardships exist and doing so does not unduly or unreasonably harm the Association. Nothing herein shall be construed to limit or otherwise waive the Association’s Assessment collection rights or as a requirement that the Association must provide a deferral to an Owner or “settle” an assessment matter using an installment payment or for a lesser amount.

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BOARD AUTHORIZATION AND ADOPTIONOF RULES AND REGULATIONS

The Association of the Winterwood Estates Homeowners Association, by and through its Board of Directors, hereby adopts as Rules and Regulations the topics whose boxes are checked below:

RULE CONSTRUCTION AND INTERPRETATION

ARCHITECTURAL CONTROL AND EXTERIOR MAINTENANCE

VEHICLES PARKING AND STORAGE

PETS AND LIVESTOCK

SIGNS

SATELLITE DISHES AND ANTENNAE

RENTALS

ASSOCIATION RECORDS RETENTION AND REQUESTS

VIOLATIONS, FINES, AND NOTICE AND OPPORTUNITY TO BE HEARD

COLLECTION POLICY

DATED AND ENACTED this ______ of ___________________________, 2013.

Board of Directors’ full printed names and signatures:

______________________________ ______________________________

______________________________ ______________________________

______________________________ ______________________________

______________________________ ______________________________

______________________________ ______________________________

______________________________ ______________________________

______________________________ ______________________________

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