Palmer Lake Beach Club By-Laws And Covenants
| The following shall be the By-Laws of Palmer Lake Beach Club, a Washington Non-Profit Corporation, applicable to the following described real property: |
By Laws
Article I MembershipSECTION 1 There shall be one
membership in this corporation for each lot in the several subdivisions of
SECTION 2 Each membership shall
entitle the person owning or residing on the lot to which the membership is
appurtenant and their families to all the privileges and rights of membership
unless suspended as hereafter provided. In the event that a corporation or
partnership shall be the owner of the lot or lots, then it shall have the
rights to name the person, not in excess of three (3) for each lot it owns, who
shall be entitled to the rights and privileges of membership.
SECTION 3 The rights and privileges
of membership may be suspended by action of the Board of Directors for (a)
nonpayment of any dues or charges; or (b) failure or refusal to comply with the
provisions of these bylaws, the Declaration of Restrictions, Covenants and
Conditions on file with
SECTION 4 Each membership shall
have one vote on all matters before the meeting of the membership. Such vote
shall be exercised by the owners or a person designated at the commencement of
the meeting by the owners in writing. Corporate owners shall exercise their
votes by their officers present or persons designated by the corporate
president. If any persons or corporations shall be entitled to
more than one membership because of ownership of more than one lot. They
shall have one vote for each membership. Votes can be cast in person or by
written proxy or absentee ballot, filed with the corporate secretary.
SECTION 1 There shall be two (2)
general membership meetings each year; March and October. Special meetings of
the membership may be called at such times as may be necessary by (a) the Board
President, (b) the majority of the Board of Directors, or (c) ten (10) percent
of the membership.
SECTION 2 Written notice of each
meeting of the membership shall be given by, or at the direction of, the
Secretary or person authorized to call the meeting, by mailing a copy of such
notice, postage prepaid, at least thirty (30) days but not more than forty five
(45) days before such meeting to each member entitled to vote thereat,
addressed to the members address last appearing on the books of the
corporation, or supplied by the member to the corporation of the purpose of
notice. Such notice shall specify the place, day and hour of the meeting and,
in such case a special meeting, the purpose of the meeting. The Board of
Directors shall mail meeting notices for meetings as authorized in Section1,
Article II within thirty (30) days after the receipt of written request.
SECTION 3 Those members in good
standing, present at a general membership meeting shall constitute a quorum.
However, should there be no members present other than the Board of Directors;
The Board alone shall not constitute a quorum.
SECTION 4 At all meeting of
members, each member may vote in person or by proxy or by absentee ballot. All
proxies shall be in writing and filed with the corporate secretary, and
member’s wishes clearly stated regarding issues declared for said meeting.
SECTION 5 All meetings of the
Palmer Lake Beach Club shall be conducted under Robert’s Rules of Order.
SECTION 1 By the Declaration each
member is deemed to covenant and agree to pay the Corporation; (a) annual dues
and charges, and (b) special assessments, together with such interest thereon
and the costs of the collection thereof, as herein provided, shall be a charge
on land and shall be a continuing lien upon the property against which each
such assessment is made. Each assessment, together with such interest, costs
and reasonable attorney’s fees shall also be the personal obligation of the
person who was the owner of such property at the time the assessment fell due,
and shall pass to his or her successors in title.
SECTION 2 The dues leveled by the
Corporation shall be used exclusively for the purpose of promoting the
recreation, health, safety, and welfare of the members, in the properties and
in particular for the Improvement and Maintenance of the Properties, services,
and facilities devoted to the purpose and related to the use and enjoyment of
the common area.
SECTION 3 The annual dues to be
paid by the membership shall be one hundred ($100.00) per lot, as of July 1st
2007, and one hundred twenty five dollars (125.00) as of July 1st 2009,
and one hundred and fifty dollars ($150.00) as of July 1st 2010. All
dues shall be payable in advance, commencing on July 1st of each
year.
SECTION 4 In addition to annual
dues authorized above, the corporation may levy any assessment year, a special
assessment applicable to that year only, for the purpose of defraying, In whole
or in part, the cost of construction, or reconstruction, unexpected repair or
replacement of a described Improvement upon the common area, provided that any
such assessment shall be the assent of two-thirds (2/3) of the votes of the
members who are voting in person or by proxy or absentee ballot at a meeting
duly called for this purpose, written notice of which shall be sent to all
members no less than thirty (30) days or more than forty-five (45) days in
advance of the meeting, setting forth the purpose of the meeting. The presence
at the meeting, of members or of proxies or absentee ballots entitled to cast
twenty percent (20%) of all the votes on the members eligible to vote shall
constitute a quorum.
SECTION 5 Any dues or assessments
which are not paid within thirty (30) days of the due date shall be delinquent
and shall bear interest front hew date of delinquency at a rate of ten (10%)
per annum, and the Corporation may bring an action at law against the owner
personally obligated to pay the same or foreclose a lien against the property,
and the interest, cost and reasonable attorney’s fee or any such action shall
be added to the amount of such dues or assessment provided herein. Any dues or
assessments not paid within thirty (30) days of the due date shall be assessed
a one-time late charge equal to the yearly dues owed, in addition to interest
which may be collected by the corporation in the same manner as delinquent
dues, interest and cost. No owner may waive or otherwise escape liability for
dues or assessments provided for herein by non-use of the common areas or
abandonment of his/or her lot.
SECTION 6 The lien of the
assessments provided herein shall be subordinate to the lien of any deeds of
trust, real estate contract, and mortgages.
SECTION 1 The board of directors
shall have the power to:
(A) Adopt and publish rules and
regulations governing the use of the common area and facilities, and the
personal conduct of the members and their guests thereon, and establish
penalties for the infraction thereof. Adoption of rules and regulations and
establishment and penalties are subject to modification or change by
seventy-five percent (75%) vote of the membership present at an authorized
membership meetings.
(B) Exercise for the Corporation
all powers, duties and authority vested in or delegated to this Corporation and
not reserved to the membership by other provisions of these Bylaws, the Article
of Incorporation, or the Declarations.
(C) Declare the position of a
member of the Board of Directors to be vacant in the event such member shall be
absent without permission from three (3) consecutive regular meeting of the
Board of Directors.
(D) Enter into contracts as
approved by the membership.
(E) Expend up to Four Thousand
Dollars ($4,000) to provide emergency repairs without the general membership
approval. Such expenditure shall be reported at the next General Membership
meeting.
SECTION 2 It shall be the duty of
the Board of Directors to:
(A) Cause to be kept a complete
record of all its acts and corporate affairs and to resent a written statement
thereof to each member at each general membership meeting.
(B) Supervise all officers and
contractors of this Corporation, and see that duties are properly performed.
(C) As more fully provided herein
and in this Declaration. (1) Fix the amount of the annual dues against each lot
at least sixty (60) days in advance of each annual dues period, as hereinafter
provided in Article III, and (2) Send written notice of dues to every owner
subject thereto at least thirty (30) day in advance of each annual dues
periods.
(D) Issue, or cause an appropriate
office to issue, upon demand by any person, a certificate setting forth whether
or not any assessment or dues has been paid. A reasonable charge may be made by
the Board of issuance of the certificates. If a certificate states the dues
and/or assessment have been paid, such certificate shall be conclusive evidence
of such payment.
(E) Procure and maintain adequate
liability and hazard insurance on the property owned by the Corporation.
(F) Cause all officers having
fiscal responsibilities to be bonded.
(G) Cause all outside
contractors/vendors to show bonding, certificate of insurance and financial
responsibility. Any contractor acting in the name of Palmer Lake Beach Club
shall have their bonding paid by the club.
(H) Cause the common area to be
maintained.
(I) Set up surplus funds and
reserve funds as they deem necessary to the end that the corporation shall be
in a sound financial condition to meet its obligations and maintain its
property.
SECTION 2 The term of
office of each position on the board on directors shall be two (2) years.
Commencing with the March 1980 elections for the Board of Directors, the vacant
three (3) year term positions will be initially elected to a one (1) year term.
Thereafter all vacant positions will be filled on a two (2) year basis with the
exception of board appointed members as covered in Article V section 5.
SECTION 3 Any director
elected or appointed may be removed from the Board of Directors by a two-thirds
(2/3) majority vote of the members who are voting in person or by proxy or
absentee ballot at a meeting duly called for this purpose, written notice of
which shall be sent to all members not less than thirty (30) days nor more than
forty-five (45) days in advance of the meeting setting forth the purpose of the
meeting. The presence at the meeting or of proxies or absentee ballots entitled
to cast ten percent (10%) of all the votes of the members eligible to vote
shall constitute a quorum. Directors may be removed whenever, in the judgment
of the membership the best interests of the corporation will be served thereby.
The removal of an officer or director shall be without prejudice to the
contract rights, if any, of the officer or director so removed. Election or
appointment of an officer or director or agent shall not itself create contract
rights.
SECTION 4 No director
shall receive compensation of any service he or she may render to the
Corporation. However, any director may be reimbursed for actual expenses
incurred in the performance of their duty.
SECTION 5 Three (3)
alternates shall be elected by the membership for a term of one (1) year.
Alternates shall fill vacancies for the remaining term of office of the
director that is being replaced. In the event that there are no remaining
alternates, the Board of Directors shall appoint a member to that vacancy until
the end of the fiscal year, when the unexpired term, if any, will be filled by
the election process.
SECTION 6 There shall
be a meeting of the Board of Directors within two weeks after each general
meeting of the Membership. Special meeting of the Board of Directors may be
called by the president or any directors by giving oral or written notice to
all directors. A minimum of three (3) directors shall constitute a quorum for
transaction of business.
SECTION 7 The officers
of this corporation shall be president, 1st vice president, 2nd vice
president, secretary, and treasurer, who at all times shall be members of the
Board of Directors.
SECTION 8 The Officers
of the Corporation shall be elected annually by the Board of Directors and each
shall hold office for one (1) year unless he/she shall sooner resign from the
board, or be removed or otherwise become disqualified to serve.
SECTION 9 Election of
the board of directors by the general membership shall take place annually
prior to the start of the fiscal year.
SECTION 10 Any director
may resign at any time by giving written notice to the board, the president or
secretary. Such resignation shall take effect on the date of receipt of such
notice or at any later time specified therein, and unless otherwise specified
therein, the acceptance shall not make it necessary to make it effective.
SECTION 11 No director
shall simultaneously hold more than one office.
SECTION 12 The duties
of the officers are as follows:
(A)
The president shall preside at all meetings of the board of
directors: shall see that orders and resolutions of the board and membership
are carried out: shall sign at leases, mortgages, deeds and other written
instruments and may co-sign all checks and may sign promissory notes.
(B)
The 1st vise president shall act in the place
instead of the president in the event his/her absence, inability or refusal to
act, may co-sign all checks and promissory notes, and shall discharge such
other duties as may be required by the board.
(C)
The 2nd vice president shall act in place instead
of the 1st vice president and shall discharge such other duties as
may be required by the board.
(D)
The secretary shall record the votes and keep the minutes of
all membership meetings and proceedings of the board and the members: serve
notice of the meetings of the board and of the members: keep appropriate
membership rosters together with their addresses, and shall perform such other
duties as required by the board. A recording secretary may be appointed by the
board of directors to take minutes at the general membership meeting, special
meetings, board of director meetings and committee meetings and to assist in
any duties so required by the secretary. An appointment involving monetary gain
must be approved by the general membership.
(E)
The treasurer shall oversee the bookkeeper to receive and
deposit in appropriate bank account all monies of the corporation and shall
disburse such fund as directed by resolution of the board of directors; shall
co-sign, with either the president or the 1st vice president, all
checks and promissory notes of the corporation; be responsible for proper books
of account; cause an annual audit of the corporation books to be made by the
audit committee a copy of the annual budget to be presented to each member
present at the March general membership for adoption; and also prepare a
written statement of income and expenditures to be presented to each member
present at the membership meetings. The fiscal duties of the treasurer may be
contracted, with or without monetary gain, with the approval of the membership
if the board treasurer is not qualified or unable to handle the corporation
fiscal responsibilities. In the event the contracted treasurer resigns, is
absent or unable to fulfill the duties, the board of directors, by majority
vote, may contract a treasurer to fill the vacated position until the next
general membership meeting. The existing contract terms will be followed in
contracting a treasure to fill the vacated position.
SECTION 13 The
directors may appoint such committees from the membership as they deem
necessary for the management and direction of the corporation. No committee
member may be dismissed without a majority vote of the
board.
(A)
The committee shall cause a proper ballot to be printed.
(B)
The committee shall give all nominees an opportunity to
submit a brief resume of qualification (200 words or less) which will be
printed and enclosed with the ballot.
(C)
The committee shall rent or use a neutral post office box
approved by a majority of committee members, for the purpose of receiving
election ballots.
(D)
The board secretary will be required to submit a list of
eligible members to the election committee.
(E)
In order to be eligible to receive a ballot, all membership
dues and assessments must be current and paid no later than the March
membership meeting. Only owners on record on the above date will be
eligible to vote. Ballots may not be transferred or assigned to a third party.
Payment of dues or assessments after the above date, either to the treasurer or
to the election committee, will not constitute reinstatement of eligibility for
election purposes.
(F)
The committee will post to each eligible member, at address
on record with the club, a ballot for each lot owned, a resume of the
candidates, a blank envelope to assure secrecy of the ballot, and a second
ballot envelop addressed to the election committee’s post office box. Voting
members will be required and instructed to sign the back of the outside
envelope to assure validity of the ballot.
(G)
Forty-five (45) days after posting the ballots, the election committee
will collect the ballots and check the signatures to insure validity of all
ballots cast.
(H) After
all ballot envelopes have been checked and recorded, all ballot envelopes will
be opened and separated from the outside envelope. The ballots will then be
removed from the unmarked envelopes and assembled in a manner that will
facilitate easy tabulation. Ballots will then be tallied.
(I) Any
nominee may have an observer present to witness the counting process.
(J) When
all ballots have been counted, the election results shall be presented the
board of directors, who will them notify all candidates of the results as soon
as possible, but no later than fifteen (15) days after receiving the results
from the election committee.
(K) In the
event of a tie for any position, the names of the candidates trying for the
position will be placed in a box and one name will be drawn for the position
specified, under observation of the election committee members and observer’s
present. The remaining name will receive the next available position which
would be awarded according to the number of votes cast.
(L) All
ballots shall be retained by the election committee for thirty (30)days after
counting. Candidates shall have fifteen (15) days after the notification of
results to question or protest the election. Protests must be directed in
writing to the election committee.
(M) The ballots
will then be turned over to the secretary pursuant to the bylaws of the Palmer
Lake Beach Club.
(N) In the event of exact number of nominees for the position on the ballot, automatic acceptance will be just cause for the waiver of this section.
SECTION 2 In case of
any conflict between the articles of incorporation and these bylaws, the
articles shall control and in the case of any conflict between the declaration
and these bylaws, the declaration shall control.
1.
The existing mobile and manufactured homes on Palmer Lake
Beach Club lots as of March 11, 2000 will be grandfathered. The replacement of
existing manufactured/mobile homes on Palmer Lake Beach Club lots will comply
with the following bylaw.
The placement of all future manufactured, mobile or prefab homes on Palmer Lake
Beach Club lots will be of new construction. They shall be doublewide units, a
minimum of twenty-four (24) feet wide, variable length. Outside construction
shall be of wood or wood composite or vinyl lap siding. Roof construction shall
be of composition shingle or an acceptable alternate.
2.
The units shall be placed on a full masonry foundation. The
units shall be in compliance with all
3. The units must be approved and inspected by not less than three (3) Palmer Lake Beach Club Board Members or their designated Representatives. Palmer Lake Beach Club will not approve any single wide mobile or manufactured homes for placement on lots at the Palmer Lake Beach Club. There will be no used or pre-owned structures approved for placement on Palmer Lake Beach Club lots.
SECTION 1 For safety
reasons, when a tree(s) directly threatens a building, structure, or public
utility, due to disease, death, or danger of collapse, immediate removal of the
tree(s) is permitted for safety purpose. However, proof of necessity to cut
such tree(s) shall be shown to the Board of Directors upon request of the
Board.
SECTION 2 Pursuant to
SECTION3 When the Board
of Directors has been shown a necessity to cut a tree(s). by
a written application of the land owner, and the Board has granted permission
to cut a given tree(s) such written permission by the Board must be on site
before any tree(s) is cut pursuant to this subsection, and only those tree(s)
so approved may be cut.
SECTION 4 The penalty
for violation of this section is twice the fair market value of such tree(s),
to be paid into the Palmer Lake Beach Club account, and used for Club purposes.
Should the Board assess such a penalty, and it remains unpaid for more than
thirty (30) days past the date of mailing such notice of penalty, by the first
class and certified mail, to voluntary lien against such property, which may be
placed by the Palmer Lake Beach Club, and if unpaid thirty (30) days from the
date of recording, such lien may foreclose against such property in the manner
of mortgages in the State of Washington.
At the membership
meeting on October 21, 2006 the membership passed these bylaws. They were voted
on by 75% or more of the membership present at the meeting or by proxy. These
bylaws are an instrument of the Corporate Record of PLBC and confirmed by the
following corporate officer.
Thomas
F Mose
President,
Declaration
of Restrictions, Covenants,
Conditions and Easements for the
Plat of
Declaration of Restrictions, Covenants,Conditions and Easements for the Plat of Palmer Lake
Article
I Definitions
Article
II Building Restrictions
Article
III Land Use Restrictions
Article
IV Architectural Control Committee
Article
V Common Facilities
Article
VI Easements And Reservations
Article
VII Miscellaneous Condictions
Article
VIII Amendments
By instrument dated
Under Auditor’s 2404596, as
follows:
WHEREAS, ROLAND & ROLAND, INC., a Washington corporation, has acquired
certain real property in Pierce County, Washington, and is the owner of the
property platted as Palmer Lake, according to the plat thereof recorded in
Pierce County, Washington, and desires to establish a plan of private
subdivision of all such properties accordingly, in order to provide for land
use and maintenance of roads, water system, other utilities and recreational
facilities for such properties as a part of such plan, ROLAND & ROLAND,
INC. does hereby declare and establish the following restrictions, covenants
and conditions appurtenant:
As used herein:
1. The word “Plat” shall refer to the plat of
2. The word “
3. The words “Real Property” shall refer to the real property included
within any plat as defined herby.
4. The word “Committee” shall refer to the Architectural Control Committee
as created herby.
5. The word ”Club” shall refer to the Palmer Lake Beach Club, a nonprofit
corporation formed for the purpose of providing services and recreational
facilities to its members, including owners and residents of lots, as herein
defined.
6. The word “
1. Except portions of the real property used for recreational purposes or
common service facilities by Palmer Lake Beach Club, no lot shall be used for
any purpose other than single family residential purposes. No dwelling
residence, out building, fence, wall, building, pool or other structure shall
be erected, altered, placed or maintained on any lot unless it shall comply
with these restrictions and the following:
a. Each dwelling shall be of permanent construction and have no less than
320 square feet of enclosed area devoted to living purposes.
b. The exteriors, including roof and walls, of all structures on a lot shall
be constructed of shakes or shingle materials, except flat roofs.
c. The foundation for each dwelling shall be constructed of concrete, cement
brick or post and block or other similar material approved in writing by the
Committee.
d. Any structure equipped with sanitary plumbing facilities within such
structure shall be fully connected to a septic tank system of sewage disposal,
designed, located and constructed in accordance with the rules and regulations
and its installation approved by the Pierce County Health Department and any
other governmental agency having jurisdiction, or to a public sewer system. No
drain field may be located closer than 100 feet to the lake without the prior
written approval of the Committee.
e. All structures shall conform to the setback requirements established by
the resolutions, ordinances and regulations of the governmental authority
having jurisdiction at the time of commencement of construction, but in no
event may be constructed within twenty-five feet of the normal water edge of
the lake without prior written approval of the Committee.
f. Prior to erection or placing of any structure upon a lot the plans and
specifications therefore shall be submitted to and approved by the Committee,
and the structure shall conform to such approved plans and specifications. In
addition, all necessary permits shall be obtained from the county and other
governmental agencies having jurisdiction.
2. Temporary structures such as trailers, garages or other out buildings may
be maintained upon a lot only during the period of construction of a permanent
dwelling thereon and in any event no longer the nine months. Any structures or
quarters, not permanent in nature, must be removed upon demand of the
Committee.
3. The work of construction, altering or repairing any structure on a lot
shall be diligently prosecuted from its commencement until its completion, but
in any event the exterior shall be completed within nine months of
commencement.
4. No wharf, dock, float, moorage, land file, retaining wall, bulkhead or
other artificial structure shall be constructed or maintained closer than
twenty-five feet of the normal water edge of the lake, provided, however, that
a wharf or dock not extending beyond twenty-five feet into the lake, and a
suitable float for swimming or boating, may be maintained upon any lot,
provided the same is approved in writing by the Committee prior to
construction, and provided the same shall be subject to removal at any time for
purposes of installation of utility services constructed or to be constructed
in front of or upon any lot.
5. No house trailer or mobile home shall be permitted within the plat except
in such areas as may be authorized and designated therefore by the Committee;
provided however, temporary house trailers or mobile homes shall be permitted
during construction as set forth in Section 2 above.
6. No fences over four (4) feet in height permitted without prior approval
of the Committee.
1. No firearms for purpose of hunting or target practice shall be permitted
on the real property.
2. No animals shall be kept or permitted on the real property except for
household pets which shall not unreasonably interfere with the use and
enjoyment of any lot. No raising, breeding, training or dealing in animals
shall be conducted on or from any lot.
3. No sign, billboard or advertising structures shall be located, placed or
maintained on the real property. However, with the prior written consent of the
Committee one sign of approved style, not exceeding four square feet, may be
placed on a lot improved with a residence to offer such property for sale.
ROLAND & ROLAND, INC. reserves the right, for itself, its agents,
successors and assigns to place signs on the real property. Any sign on the
real property in violation hereof may be removed from the real property by the
Committee.
4. Each lot shall be maintained in a clean, slightly
condition at all times and be kept free of litter, junk, containers, equipment
and building materials. However, the reasonable
keeping of equipment and materials on a lot during construction of such lot
shall be permitted. All refuse shall be kept in sanitary containers concealed
from view, which containers shall be regularly emptied. No refuse or other
waste materials of any kind may be thrown or deposited in the lake at any time.
5. All clotheslines, wood piles and storage facilities on a lot shall be
screen from view of the roads and adjacent lots. No lot shall be used in whole
or in part for storage of anything which will cause such lot to appear in an
unclean, disorderly or untidy condition. No noxious or offensive activity shall
be permitted on any lot nor shall anything be permitted on any lot that may be
or may become a nuisance or unreasonably interfere with the use and enjoyment
of any part of the real property.
6. No tree with a trunk in excess of six inches in diameter shall be removed
or destroyed without the prior written consent of the Committee.
1. There shall be an Architectural Control Committee consisting of three
members. The first members of such Committee shall be HOWARD ROLAND, ROBERT
ROLAND and ROBERT RAMSEY. The address of the Committee shall be
2. All plans and specifications required to be submitted to the Committee
shall be submitted by mail to the address of the Committee in duplicate, shall
be in writing, shall contain the name and address of the person submitting the
same and the lot involved, and shall set forth the following with respect to
the proposed structure: the location of the structure upon the lot, the general
design, the interior layout, the exterior finish, materials and color,
including roof materials and such other information as may be required to
determine whether such structure conforms with these restrictions.
3. The Committee shall have the authority to determine and establish
standards involving aesthetic considerations of harmony of construction and
color which it determines to be in the best interest of providing for
attractive development of the real property, which authority shall include, but
not limited to, to the height, configuration, design and appearance of fences,
walls, outbuildings, wharfs, pools, floats and other structures appurtenant to
the use of a dwelling. Such determinations shall be binding on all persons.
4. Within thirty days after the receipt of plans
and specifications, the committee shall approve or disapprove such plans and
specifications and may disapprove such plans and specifications which in its
opinion does not conform to these restrictions or its aesthetic standards.
Approval or disapproval shall be made upon one of the copies thereof and
returned to the address shown in the plans and specifications. In the event
that no disapproval of such plans and specifications is given within thirty
days of submission in compliance herewith, such plans shall be deemed approved.
5. The Committee may appoint advisory committees from time to time to
advise on matters pertaining to the real property. No person on the
Committee or acting for it shall be responsible for any defects in the plan or
specification submitted or approved nor for any
defect in any work done according to such plans and specifications.
6. The Committee shall have the authority to approve plans and
specifications which do not conform to these restrictions in order to overcome
practical difficulties or prevent hardships in the application of these
restrictions; provided, that such variations so approved shall not be
materially injurious to the improvements of other lots and shall not constitute
a waiver of the restrictions herein contained but shall be in furtherance of
the purposes and intent of these restrictions.
1. Roland & Roland, Inc. shall, from time to time, convey to Palmer Lake
Beach Club, a nonprofit corporation, certain properties and rights to be used
and enjoyed as common facilities for the benefit of the members of the Club.
There shall be one membership in the Club for each lot of each plat. Each
membership for a lot shall be appurtenant to the title and shall be
transferable only as part of the transfer of the title to the lot. Each such
membership shall entitle the owners of the lot, the residents thereon and their
families to enjoy the facilities of the Club, subject to the rules, regulations
and payments as may now or hereafter be established by the Club, which rules,
regulations and payments shall apply equally to all memberships. Nothing herein
shall preclude the Club from making its facilities and memberships available to
such others as it deems advisable.
2. Portions of the real property used by the Club shall not be subject to
the restrictions elsewhere imposed herein, but shall be used for common service
facilities as the Club deems advisable for the benefit of its members. By
accepting conveyances of properties from Roland & Roland, Inc. the Club and
its members agree to comply with provisions for elsewhere herein shall be
effective to such properties.
3. In order to provide for maintenance and improvement of the various Club
properties, each grantee and vendee of lots, their heirs, successors and
assigns, shall and do by act of accepting a deed or entering into a contract of
sale as vendee, jointly and severally agree that they and each of them shall
pay to the Club the dues and charges levied accordingly to the Bylaws of the
Beach Club and the provisions herein. In the event that such dues or charges
remain unpaid to the Club for a period of sixty days after the due date then
the Club may record a written notice with the Auditor of Pierce County,
Washington, that it claims a lien against the lot to which the membership is
appurtenant for the amount of delinquent dues and charges, together with
interest at the rate of ten per cent per annum from the due date until paid and
attorney’s fees as herein provided. From and after recording such notice, the
lot to which the membership is appurtenant shall be subject to a lien to the
Clubs security for such dues and charges in the amount designated therein with
interest and attorney’s fees and such lien may be foreclosed in the manner of a
mortgage of real property and in such foreclosure action the Club shall recover
a reasonable sum as attorney’s fees therein and the reasonable and necessary
costs of searching and abstracting the public record.
4. In consideration of the rights and liens conferred upon the Beach Club,
it hereby agrees to maintain the lake, dam, roads, drainage system, community
beach and facilities, water level of the lake and any other facilities donated
to or acquired by such club for the benefit of all of its members until such
time, if any, that any of such functions may be assumed by a public authority.
For this purpose such Beach Club joins in the execution of these restrictions,
covenants, and conditions.
1. The owners of each lot, their invitees and
licensees, are hereby granted easement for ingress and egress over and upon all
private roads shown in the plat of Palmer Lake or other plats subject to these
restrictions, covenants and conditions, which easements of ingress and egress
shall be appurtenant to such lot.
2. The owners of each lot are likewise hereby granted the right to use the
lake and surface thereof for recreational and other purposed; provided,
however, that no motor driven boats of any kind shall be authorized upon the
lake.
3. Roland & Roland, Inc. hereby conveys and grants to Palmer Lake Beach
Club the right, power and authority upon affirmative vote of a majority of its
membership at any meeting called according to its Bylaws, to dedicate to public
use, all or any part of the real property shown as roads upon the plat and to
transfer to any governmental authority having appropriate jurisdiction all or
any part of the easements, rights and authority it may acquire incident to
providing utility services to its membership.
ARTICLE VII
Miscellaneous Conditions
1. The covenants, restrictions, easements, rights, liens and encumbrances
herein provided for shall be covenants running with the land and shall be
binding upon the real property any or all parts thereof, the parties in
interest thereto and their heirs, assigns, personal representatives and
successors in interest. Accepting as interest in and to any portion of the real
property shall constitute an agreement by any person, form or corporation
accepting such interest, that they and each of them shall be bound by and
subject to the provisions hereof.
2. In the event that any provision hereof shall
be declared to be invalid by any court of competent jurisdiction, no other
provision shall be affected thereby and the remaining provisions shall remain
in full force and effect. No waiver of the breach of any provisions hereof
shall constitute a waiver of a subsequent breach of the same provision or any
other provision. No right of action shall accrue for or on account of the
failure of any person to exercise any right hereunder nor for imposing any
provision, condition, restriction or covenant which may be unenforceable.
3. The parties in interest in and to any part of the real property and the
Club, for the benefit of the owners of the real property, and each of them
shall have the right and authority to enforce the provisions hereof and, in
addition to any other remedy for damages or otherwise, shall have the right to
injunctive relief. Except for the foreclosure of the lien provided for in
Paragraph 3 Article V, the prevailing party in any action to enforce any
provision hereof shall recover a reasonable sum as attorney’s fees, together
with the reasonable costs for searching and abstracting the public record,
which sums shall be paid by the unsuccessful party.
4. All lots in this plat shall be provided water by public or private water
company, and all lot owners are required to subscribe to such water
system and to pay the established rates and charges. No private wells are
permitted.
1. The provisions hereof may be amended, changed, revoked, or terminated in
whole or part anytime by written instrument signed by the owners of a
seventy-five (75%) per cent majority in area of the real property and recorded
with the Auditor of
2. For the purposes of this Article VIII, the
word “owner” shall mean any person, firm or corporation holding either fee
title or a vendee’s interest under a real estate contract as shown by the
records of
The End