3.1 Residential Use Lots shall be used for residential purposes only, provided, however, that for a period of three (3) years from and after the date of recordation of this Declaration or whenever all Lots have been sold, whichever occurs first, Lots owned by Declarant may be used by Declarant its designee as models, sales offices and construction offices for the purpose of developing, improving and selling Lots in the Development Nothing herein shall prevent an Owner from leasing or renting his Lot, provided, however, any lessee or renter thereof shall abide by and be subject to all terms and provisions of this Declaration, Bylaws, Articles of Incorporation and the Association rules.
3.2 Commercial Use Except as otherwise expressly provided in this Declaration, no part of the Development shall ever be used or caused, allowed or authorized to be used in any way, directly or indirectly for any business, commercial, manufacturing, mercantile, storing, vending or other such non-residential purposes The provisions of this Section 3 2 shall not preclude any of the above-described activities without external evidence thereof, provided that all of the following conditions are fulfilled (a) such activities are conducted in conformance with all applicable governmental ordinances, (b) the patrons or clientele of such activities do not visit the Lot or park automobiles or other vehicles within the Property, (c) the existence or operation of such activities is not apparent or detectable by sight, sound or smell from outside of the boundaries of the Lot, (d) no such activity increases the liability or casualty insurance obligations or premium of the Association, and (e) such activities are consistent with the residential character of the Development and conform with the provision of this Declaration.
3.3 Lot Maintenance Each Owner of a Lot shall be responsible for maintaining his Lot and all improvements thereto, except any portion of the Lot which is to be maintained by the Association or subject to an easement for an Owner of an Adjoining Lot to perform such maintenance, in a first-class,' clean, sanitary, workable and attractive condition Windows on the Lots may be covered by drapes, shades or shutters only and may not be painted or covered by foil, cardboard or other similar materials Each Owner shall be responsible for and repair any damage to improvements in his Lot caused by wood destroying pests or organisms.
The repair and maintenance, and the costs thereof, of each wall or fence which is built as part of the original construction of the Development and placed on the dividing, line between the Lots shall be shared equally by the Owners of the Lots appurtenant to such wall or fence However, each Owner shall be solely responsible for repainting the side of any such wall or fence facing his Lot If any such wall or fence is destroyed or damaged by fire or other casualty, any Owner whose Lot is affected thereby may restore it and the Owner of the other Lot which is affected thereby shall contribute equally to the cost of restoration thereof without prejudice however to the right of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions.
3.4 Offensive Conduct; Nuisance No noxious or offensive activities, including, but not limited to, the use of large power tools, and noisy or smoky vehicles shall be carried on, upon or within the Development, nor shall anything be done thereon which may be or become any annoyance or nuisance to the residents of the Development, or which shall in any way interfere with the quite enjoyment of occupants of the Lots No items which unreasonably interfere with radio or television reception of any Owner or horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of any improvements or the contents thereof, shall be place or used on a Lot No repair, maintenance or restoration of any vehicle shall be conducted on the Development except within an enclosed garage, provided that such activity is not undertaken as a business, and provided that such activity may be prohibited entirely by the Association if the Association determines that it constitutes a nuisance.
3.5 Parking Restrictions: Use of Garages Each Owner is required to provide adequate off-street parking On-street parking is reserved for the temporary use of guests and for emergency purposes only No parking of any vehicle shall be allowed on any unpaved portion of a Lot No boats, trailers, recreational vehicles, campers, motorcycles having more than two wheels, trucks having manufacturer's rating or payload capacity of over one ton, vans or buses designed to hold more than ten (10) passengers, vehicles or parts of vehicles, aircraft, commercial vehicles (e g stake bed trucks, tank trucks, dump trucks, step vans, and concrete trucks), or any vehicle or vehicular equipment deemed a nuisance by the Association shall be parked or left on a Lot other than in fully enclosed garages or a fully enclosed fenced area of a Lot, provided, further, that their presence on the Development does not violate any other provision of this Declaration or the Association rules, if any Parking by commercial vehicles for the purposes of making deliveries shall be permitted in accordance with the Association rules Garages shall be used for the parking of vehicles only and shall not be converted for living activities. Each Owner shall insure that each garage accommodates at least the number of vehicles for which it was originally constructed. There shall be no parking or stopping in the fire lanes.
3.6 Signs No sign of any kind shalt be displayed to the public view, on or from any Lot, or on or from the Common Area without the approval of the Association, excepting such signs as may be used by the Declarant or its designees for the purpose of developing, selling and improving Lots within the Development All of Declarant's signs are to be removed when the last Lot owned by Declarant closes escrow Notwithstanding the foregoing, one (1) sign not larger than twenty (20) inches by thirty (30) inches advertising a Lot for sale or for rent may be placed within each Lot or within the Common Area immediately adjacent thereto by the Owner thereof, the location and design thereof to be subject to reasonable approval by the Association Small political signs shall be allowed but shall be promptly removed following the election Traffic and other signs installed by Declarant as part of the original construction of the Development are not affected by this Section.
3.7 Antennae, External Fixtures, Etc., No television or radio poles, antennae, flag pole or other external fixtures other than those originally installed by Declarant or approved by the Association, and any replacements thereof, shall be constructed, erected or maintained on or within the Common Area, including any structures thereon No wiring, insulation, air conditioning or other machinery or equipment other than that originally installed by Declarant or approved by the Association, and any replacements thereof; shall be constructed, erected or maintained within the Common Area No radio station or short-wave operators of any kind shall operate from any Lot or improvements thereon unless approved by the Board Each Owner shall have the right to install a satellite/cable television dish no larger than 30" diameter on the rear half of the lot.
3.8 Fences, Etc., No fences, awning, ornamental screens, screen doors, sunshades or walls of any nature shall be erected or maintained on or around any portion of any structure or elsewhere within the Development except such as are installed in accordance with the original construction of the Development, and any replacement thereof; except fences along property lines or as are authorized and approved by the Association.
3.9 Lighting Area, flood and ornamental lighting must be of a subdued nature and must be approved by the Board.
3.10 Animals No animals, reptiles, rodents, livestock or poultry shall be keep in any Lot or elsewhere within the Development, except each Lot may maintain three (3) pets consisting of any combination of birds, fish, domestic dogs and domestic cats In any event, the Association shall have the absolute right to prohibit the maintenance of any animals or pets, which constitute, in the sole and exclusive opinion of the Board, an unreasonable disturbance to another Owner or occupant of the Development Each person bringing or keeping a pet upon the Development shall be absolutely liable to each and all other Owners, their family members, guests, invitee, lessees, renter and contract purchasers, and their respective family members, guests, and invitees for any damage brought upon or kept upon the Development by such person or by members of his family, his guests or invitees It shall be the responsibility of each person bringing a pet onto the Development to keep that pet within an enclosure or on a leash being held by a person capable of controlling the animal and to clean up after such animals, which have used any portion of the Development, or public streets abutting or visible from the Development Notwithstanding anything herein set forth, all Owners shall comply with all applicable governmental laws, codes, ordinances and regulations pertaining to animals.
3.11 Restricted Use of Recreational Vehicles, Etc., No boat, truck, trailer, camper, recreational vehicle or tent shall be used as a living area while located on the Development, provided, however, trailers or temporary structures for use incidental to the initial construction of the Development or the initial sales of Lots in the Development or incidental to the initial construction on Property owned by Declarant or Declarant's designee and situated in the vicinity of the Development or the initial sales therein may be maintained within the Development, but shall be promptly removed upon completion of all such initial construction and all such initial sales.
3.12 Trash Disposal Trash, garbage, or other waste shall be kept only in sanitary containers No Owner of a Lot shall permit or cause any trash or refuse to be kept on any portion of the Development subject to this Declaration other than in the receptacles customarily used therefore, and placed or maintained as required by the local codes and/or ordinances No odor shall be permitted to arise from any of the receptacles so as to render the Development, or any portion thereof, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants Such receptacles shall be exposed to the view of neighboring Lots only when set out for a reasonable period of time before or after scheduled trash collection There shall be no exterior fires whatsoever, except barbecue fires contained within receptacles therefore and fire pits in enclosed areas and designed in such a manner that they do not create a fire hazard No lumber, grass, shrub or tree clippings or plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any portion of the Development except within an enclosed structure or if appropriately screened from view No plants or seeds infected with noxious insect or plant diseases shall be brought upon, grown or maintained upon the Development.
3.13 Outside Drying and Laundering No exterior clothesline shall be erected or maintained and there shall be no exterior drying or laundering of clothes on balconies, patios, porches or other areas
3.14 Temporary Structures No structure of a temporary character, trailer, tent, shack, garage or other outbuilding shall be installed, placed or used on any Lot either temporarily or permanently without prior written consent of the Board.
3.15 Exterior Alterations No Owner shall, at his expense or otherwise, make any alterations or modifications, including the installation of patio covers, wiring, or air conditioning fixtures, to the exterior of the buildings, fences or walls situated within any Lot without prior written consent of the Association Any installation which increases Lot coverage shall require the approval of the City of Kent. No fence, wall, basketball backboard or other fixed sports apparatus shall be constructed or maintained without prior approval of the Board.
3.16 Compliance with Laws, Etc. Nothing shall be done or kept in any Lot or in the Common Area which might increase the rate of, or cause the cancellation of, insurance on the Development, or any portion thereof, without the prior written consent of the Board.
3.17 Indemnification Each Owner shall be liable to the remaining Owners for any damage to the Common Area, which may be sustained by reason of negligence of an Owner, members of his family, his contract purchasers, lessees, renters, guests or invitees, to the extent that any such damage shall not be covered by insurance Each Owner, by acceptance of his deed, agrees for himself, and for the members of his family, his contract purchasers, lessees, renters, guests or invitees, to indemnify each and every other Owner, and to hold him or her harmless from, and to defend him or her against, any claim of any person or persons for personal injury or property damage occurring within the Lot of that particular Owner, unless said injury or damage occurred by reason of the negligence of any other Owner or person temporarily visiting in said Lot.
3.18 Provision for Monitoring Lot Condition The Board shall, in its sole discretion, determine when the condition of a Lot falls below the "first class, clean, sanitary, workable and attractive condition" described in Section 3 3 hereof; and may request the Owner of the Lot whose condition falls below the above standard to cause such repair or maintenance to be performed so as to bring the Lot up the above mentioned standard In the event the Owner refuses to perform or cause to be performed the maintenance or repairs, the Board may contract for repairs or maintenance and levy a special assessment against such Owner to provide for the contracted repairs or maintenance.
3.19 Drainage Each Owner of a Lot in the Development agrees for himself, his heirs, assigns, vendees and successors in interest, that he will refrain from interference with the established drainage over his Lot from adjoining or other Lots or parcels in the Development For the purposes hereof, established drainage is defined as the drainage established at the tune the overall grading of the Development, including the landscaping of each Lot or parcel thereof, is completed.
3.20 Handicapped Access Subject to design approval by the Board, each Owner shall have the right to modify the improvements on his Lot at his sole cost and expense to facilitate access thereto by persons who are blind, visually handicapped, deaf or physically disabled or to alter conditions existing thereon which could be hazardous to such persons
3.21 Common Area Improvements Nothing shall be altered or constructed in or removed from the Common Area without the prior written consent of the Association and approval by the City, if requested.
3.22 Water Supply Systems No individual water supply or sewer disposal system shall be permitted on any Lot in the Development unless such system is designed, located, constructed and equipped in accordance with the requirements, standards and recommendation of any applicable water district, the City of Kent, the Association, and all other applicable governmental authorities.
3.23 View Obstructions Each Owner, by accepting a deed to the Lot, hereby acknowledges that any construction or installation by Declarant may impair the view of such Owner and hereby consents to such impairment No other improvement of obstruction shall be constructed, planted or maintained upon any Lot in such location or of such height as to unreasonably obstruct the view from any other Lot in the vicinity thereof If there is a dispute between Owners concerning the obstruction of a 'view from a Lot, the dispute shall be submitted to the Association, whose decision in such matters shall be binding Any items or vegetation maintained upon any Lot, which item or vegetation is exposed to the view of any Owner, shall be removed or otherwise altered to the satisfaction of the Association if it determines that the maintenance of such item or vegetation in its then existing state is contrary to the purposes or provisions of this Declaration If an Owner fails to perform necessary pruning, trimming or thinning, the Association shall have the right, after notice and hearing, to enter upon such Lot for the purpose of performing such work The Association shall ensure that vegetation on the Common Area, if any, maintained by the Association is pruned so that the view of any Owner is not unreasonably obstructed.