Silver Firs The Village

This website is a summary of the Governing Documents and Board Resolutions that affect day-to-day life in the Planned Residential Community of Silver Firs. It does not replace the Articles of Incorporation, Restrictive Covenants (also known as CC&R’s or Covenants) or Bylaws (collectively known as “The Governing Documents”). Rather, it provides an overview of our legal documents. Throughout the Guide, you will see letters and numbers in Italics. These refer to specific sections of the Restrictive Covenants. Please refer to the Covenants for specific wording of actual restrictions and guidelines.

ACC “RESTRICTIONS APPLICABLE TO ALL PROPERTIES”

YARD MAINTENANCE RULES AND BENEFITS

RESTRICTIONS ON USE OF PROPERTY BY OCCUPANTS

The Covenants are designed to protect the desirability of all members’ property. To that end, Association member volunteers work to educate residents about the provisions of the Covenants with the hope of minimizing the need for enforcement. If necessary, when actions are not within the boundaries laid out in the Covenants, the Association will take enforcement action.

RULES ENFORCEMENT

Please let us know if you notice anything that detracts from the desirability of the properties. With the Covenants as our guide, we will work with all concerned to correct the situation. Some situations, if allowed to exist beyond six months without attempted enforcement, may be deemed approved (Article V, Section 4.C). Therefore, time is an important factor in reporting a potential violation that may be causing you concern.

ACC “RESTRICTIONS APPLICABLE TO ALL PROPERTIES”

Note: The following “Restrictions” are taken directly from the Declarations for Divisions 2 through 5C. The Division One Declaration does not include detailed “Restrictions; however, the Division One Declaration clearly grants the ACC authority to approve or disapprove the projects listed above (except for grading and clearing). Therefore, in fairness to all concerned, the ACC will use the following “Restrictions” as standards for approving Division One projects as well. Division One Owners – your cooperation in this matter is greatly appreciated.

The ACC is required, in Article V for all Divisions, to consider “harmony of external design and locating in relating to surrounding structures and topography” as its primary standard.

Building Materials – Roofing material shall be composition roofing or better and siding material shall be aluminum, wood or better. Article V, Section 5.1 & 2

Driveways & Parking Bays – Shall be of concrete or asphalt paving. Parking on grass, gravel, dirt, etc. is not permitted. (Applicable to Divisions 2 through 5C only.) Article V, Section 5.5

Fencing – Only non-solid, ornamental fences may be built in front yards. Article V, Section 5.9

Inoperable Vehicles – No vehicle, inoperative for reasons of mechanical failure, shall be parked and/or stored on any lot or in the street right-of-way for more that 72 hours. (Applicable to Divisions 2 through 5c only.) Article V, Section 5.10

Mail & Paper Delivery Boxes – The location, color, size, design, lettering is subject to ACC approval. Any box consistent with existing boxes is considered pre-approved. Other designs must be submitted in advance. Article V, Section 5.6

Mobile, Manufactured or Modular Homes – Not permitted. Article V, Section 5.3

Outside Overhead Wire or Service Drop – Not permitted. Article V, Section 5.8

Project Completion – Any new structure must have its external appearance complete within nine months of beginning installation. Article V, Section 5.12

Recreational Vehicle Storage – “All boats, boat trailers, travel trailers, motorized and non-motorized campers and other such recreational vehicles shall be stored behind the primary structure or sight screened unless a variance is granted by the ACC. (Applicable to Divisions 2 through 5c only.) Article V, Section 5.10

Satellite Dish or Antenna – Prior written approval is only required if a non-standard installation is needed. For standard installations, simply proceed with the installation and notify the Association, in writing, of its completion. Washington State Homeowner Association Act 64.38.020(I) & SFHA Rules adopted May 1997.

Signs – One “For Sale” or “For Rent” sign, not to exceed five square feet, is permitted. No other signs are permitted except on Board of Directors designated Garage Sale days. Article V, Section 5.11

Waiver or Modification of Above “Restrictions” – The ACC is permitted to waive or modify the “Restrictions” listed above “in the event the committee finds that an extreme handicap will be imposed thereby” AND that the request “does not adversely affect the surrounding properties, and the general plan of the development will not be affected thereby.” Article V, Section 6

YARD MAINTENANCE RULES AND BENEFITS

The word “reasonable” is used throughout these Rules, and it is assumed the vast majority of Silver Firs lots are in reasonable condition. The first page of the Declaration for Division 1 through 5 states that the Association’s purpose, and therefore the purpose of any rules it adopts, is to protect the value and desirability of homeowner’s property. Given this guidance, a situation will be considered not reasonable if it detracts from the value and desirability of the lot itself, or other lots within Silver Firs Division 1 through 5.

The benefit, to you as an owner, is to protect the value and desirability of your property from the negative impact of unsightly conditions.

NOTE: In Division One only, no clear guidance regarding yard maintenance was given in the Declaration; however, the Washington State Homeowners Association Act (RCW 64.32, Section 4.1) grants the Board the authority to create reasonable rules on behalf of the Association. Also, the Silver Firs bylaws, which apply to all divisions, including Division One, clearly grant the Board the authority to create reasonable rules and regulations.

Front and Side Yards Visible from Adjoining Streets

1. Lawns must be kept reasonable mowed and free of weeds and moss and must be reasonably green except in times of water rationing decreed by the local water utility. Regular watering, fertilization, aeration and thatching are recommended to accomplish a reasonable appearance.

2. Planting beds must be kept reasonably free of weeds and dead vegetation.

3. Vegetation such as trees, shrubs, flowers and the like must be kept pruned and/or trimmed and not allowed to become unreasonable overgrown. Planting containers must be kept in good shape.

4. Toys, tools, vehicle related items, buckets, household, construction and other items not ordinarily stored in visible areas of similar quality communities may not be stored in driveways, front yards or unscreened areas of side yards, except that of:

a. Trash & Recycling Containers – may be kept at curbside for up to 48 hours and must be kept in a sanitary and orderly manner. Containers may be stored in side yards and may be screened with a fence, lattice or shrubs.

b. Cordwood may be stored in side yard if stacked in an orderly manner. Again site screening is appreciated.

Back Yards and Side Yards Not Visible from Adjoining Streets

The following rules will only be applied to back and side yard areas that are easily visible from neighboring homes:

1. Lawns must be kept reasonably mowed and free of weeds and moss, and must be reasonably green except in times of water rationing decreed by the local water utility. Regular watering, fertilization, aeration and thatching are recommended to accomplish a reasonable appearance.

2. Planting beds must be kept reasonably free of weeds and dead vegetation.

3. Vegetation such as trees, shrubs, flowers and the like must be kept pruned and/or trimmed and not allowed to become unreasonably overgrown.

4. Play equipment, outdoor furniture and the like must be kept in reasonably good repair.

5. Accumulations of rubbish, trash, yard debris, or other waste are permitted only in sanitary containers designed for that purpose. All equipment for the storage or disposal of such material must be kept in a clean and sanitary condition.

Note: A problem must be reasonably visible from another property or structure to be enforceable under these rules. For example, a pile of construction debris visible only from a neighbor’s bathroom window would be permitted while the same pile of debris visible from the neighbor’s deck would not be permitted.

Corner Lots

Owners of corner lots may apply for variances to the rules listed above. Please see page 8 for the Waiver and Modification requirements laid out in the Declaration.

Common Areas

No owner shall permit anyone associated with his or her lot to build on, dump yard debris or trash on, remove any structure or vegetation, or in any way alter any common land owned by the Association on behalf of all the owners, without prior written approval from the Board of Directors.

RESTRICTIONS ON USE OF PROPERTY BY OCCUPANTS

Obscure But Important Deed Restrictions

The following Use Restrictions are found only in the Declarations for Divisions 2 through 5C and were adopted by the Board of Directors at their June 9, 1997 meeting as Rules of the Association, in keeping with the Washington State Homeowner Association Act 64.38.020(1). As Rules, following are enforceable in Division One.

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except dogs, cats and other household pets.

Lot Use: Homes and lots shall be used for residential purposes only. A lot shall contain no more than one detached single-family dwelling, no more than two stories in height and a private garage for no more than three cars. Article VII.A

Noxious/Offensive Activity: No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Article VII.C

Temporary Structures: No trailer, basement, tent, shack, garage, barn or any other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Article VII.D

Utilities & Easements

Utility Easements: Utility easements must be maintained by the lot owner and may not be built or planted on in a manner that will interfere with installation or maintenance of the utility, or in a manner that will change the direction of flow of drainage channels, or obstruct or retard the flow of water through drainage channels in said easements. Article VII.B

Water/Sewer/Oil: No individual water supply or sewage disposal system and no oil development operations are permitted. Article VII.G, H & I

Surface Water Easement: Each lot is subject to an easement of two and one half feet on the side property lines and five feet on the rear property line for surface water drainage. Swales established within these easements shall not be changed. Article VII.J

RULES ENFORCEMENT

An apparent rule violation will result in a letter to the Lot Owner pointing out the existence of a problem. The letter will identify the specific violation and request the homeowner take appropriate action to clear the violation. It is expected the homeowner will correct the problem upon receipt of this information. If the violation is not corrected, the homeowner will receive a notice of a fine hearing to be held at the next board meeting. This notice will be sent as a certified letter. Unless there are mitigating circumstances, the fine hearing will normally result in the assessment of a fine against the homeowner. Fines not paid will be assessed in the form of a lien on the property. In cases of severe violation (i.e. operation of a noisy business out of the home during late evening hours), one notice only will be given prior to submittal for legal action. The options open to the homeowner include correcting the violation or notifying the Board of Directors of the desire of the homeowner to have a hearing. Upon request of the homeowner, the Board will convene a hearing to allow the homeowner to present his/her position.

Declaration Article VI, Section 1, Enforcement (all Divisions One through Five) provides that the Association or any individual owner has “the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration”.

Declaration Article VI, Section I (Divisions Two through Five) provide that, “In the event an owner of any lot…shall fail to maintain the property and improvements in a manner satisfactory to the Board of Directors,…after approval by two thirds (2/3) of the vote of the Board, shall have the right to enter and … repair, maintain and restore the property and improvements. The cost of such exterior maintenance shall be added to and become part of the assessment to which said lot is subject.”

The homeowner will be given a reasonable amount of time in which to bring their property into compliance with the rules of the Silver Firs Homeowners’ Association, but continuous violations will be turned over to the Association attorney in order to bring about the desired repairs or compliance. It is never the desire of the Board to bring legal action against a resident and we will do all we can to work with the homeowner, but it is our duty to carry out the rules set up to protect the value and desirability of the community.