Westview Meadow's Rules and Regulations
Including Architectural Guidelines,
Collection & Enforcement Policies
and Fine &Fee Schedules
 
The Westview Meadow Community Organization was formed to promote the safety, health, uniformity, and value of the Westview Meadow community. These Rules are adopted for the purpose of furthering these community objectives.
 
 
SECTION A. INTRODUCTION
The Westview Meadow Community Organization (the "Association") was created in April 2019. The Board Members are all volunteers and currently serve as the Architectural Control Committee.
 
The Rules and Regulations contained in this document have been adopted by the Board to support the Association, its management team, and residents. Its intent is to support and maintain a quality neighborhood with high standards of yard and home maintenance and responsible resident behavior.
 
Residents of Lots (1-20), their Owners, tenants, guests, agents and invitees are subject to these Rules and Regulations.
 
These Rules and Regulations are periodically revised and updated as needed or requested by the Board.
 
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SECTION B. DEFINITIONS
  1. "ACC" or "Architectural Control Committee" is the committee provided for in Article C of the Declaration who are tasked with approving architectural projects as required by the governing documents.

  2. "Board" means the board of directors of the Association which includes the President, Treasurer, and Secretary. The Board is the primary governing body of the Association. The members of the Board are elected by the Owners to the following terms:
    1. Presidential Term — Two years (elected odd years)
    2. Secretary Term — Two years (elected even years)
    3. Treasurer Term — Two years (elected even years)

  3. "Declaration" means the Declaration of Protective Covenants for Westview Meadow Community Organization (With Restrictions and Easements), originally recorded in King County at Recorder's No. 20170501000253.

  4. "Governing Documents" means the Declaration, the Bylaws of the Westview Meadow Community Organization (the "Bylaws"), the Articles of Incorporation for Westview Meadow Community Organization, and the Westview Meadow's Rules and Regulations.
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SECTION C. GENERAL RULES AND REGULATIONS
The Association always reserves the right to require immediate compliance for violations the Board deems to be particularly egregious, dangerous or detrimental to the Community Organization or other residents.
    1. Burning
      Yard waste burning and wood fires (e.g. fire pits) are prohibited. Propane or Natural gas fireplaces are permitted.

    2. Auto Shelters
      Carport additions or portable car cover structures are prohibited.

    3. Outdoor Clothes Lines
      Outdoor Clothes lines are prohibited.

    4. Sports Equipment
      The Association does not allow sports equipment to be permanently mounted in an owner's driveway, street or affixed to the house structure. Sports equipment must be removed overnight and Owners (including family, friends, guests, and tenants) are prohibited from blocking the streets when playing sports and other recreational activities.

    5. Pets & Livestock
      1. Per Article B, Section 3 of the Declaration, no animal, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that domestic cats, dogs, birds or other household pets may be kept if they are not kept, bred or maintained for any commercial purpose.

      2. Animals must be on a leash and under the owner's immediate control at all times when outside the Lot's fence.

      3. Owners must immediately clean up after their pets on sidewalks, streets and their front yards within the Association, and promptly deposit waste in their home garbage can. Excess waste in backyards is prohibited; it is solely in the Board's discretion to determine what constitutes excess pet waste.

      4. Excessive or loud barking, scratching, crying, yelping, howling or other noise that creates an unreasonable disturbance is prohibited. Owners are responsible for their pets. Any disturbing/dangerous animal conduct should be reported to local Animal Control.

    6. Seasonal Holiday Decorations
      Exterior holiday decorations do not require pre-approval, but shall not be installed more than sixty (60) days before the holiday and must be taken down (30) days after the holiday.

    7. Signs
      No signs shall be displayed to the public view on any Lot, with the following exceptions:
      1. One (1) sign of not more than five (5) square feet advertising the Lot for sale or rent.

      2. A maximum of two (2) 2 x 2-foot political signs may be posted during the three (3) month period leading up to an election and must be removed the day after election day.

      3. Garage Sale signs may be posted one day in advance of the garage sale and must be removed at the close of business on the final day of the sale. These signs shall not taped or affixed to Association property, including but not limited to street signs, mailboxes, or light poles. During the sale, the Owner is responsible for making sure that the public adheres to No Parking signs in the Association.
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SECTION D. PROPERTY MAINTENANCE
  1. Responsibility
    Per Article B, Section 5 of the Declaration, Owners are responsible for the maintenance of all structures, improvements, land and property that is part of their Lot even if the Lot is unoccupied or occupied by a Tenant or someone other than its Owner.

  2. Yard Care
    Owners are required to take such actions as are necessary to support and maintain a neat and presentable yard aesthetic. This may include, but is not limited to:
    1. regularly mowing the grass;

    2. regularly removing weeds from grass areas, gardens and concrete seams;

    3. cleaning driveways and other concrete areas to remove moss and mold;

    4. picking up trash; and

    5. removing dirt, grime or other debris from structures.
Owners are responsible for maintaining the aforementioned standards on grass strips and trees that are in front of the Owner's Lot.
  1. Landscaping
    1. Landscaping, including but not limited to, garden plants, trees, and shrubs must be kept trimmed, maintained, and be of size and shape to fit in with the Lot. Any dead or decaying plants, trees, or shrubs should be promptly removed and replaced. With the exception of trees, plantings do not have to be approved by the ACC, any repurposing of the yard to change the look including raised flowerbeds, rockeries, and brick walls need to be approved by the ACC before work is commenced. Trees and shrubs should be maintained to not obstruct the sidewalks.

    2. All portions of a Lot that are not covered by an approved concrete surface must be maintained with grass, a maintained flowerbed, gardens, or other landscaped exterior. No bare earth may be exposed on a Lot. Fine or Medium Beauty Bark product will be used within flowerbeds and gardens.

    3. Artificial Turf may be installed with prior approval from the ACC. A landscaping plan must be received prior to starting work. Expectations of turf maintenance for cleanliness is expected just like natural turf.

  2. Grass Maintenance
    All-natural grass areas on a Lot will be kept neatly mowed, edged and weeded and watered, during the growing season, and neatly kept at all other times. Grass will be consistent in length to reveal growth.

  3. Tree Planting/Removal
    1. Trees planted in Common Areas or front yards may be planted in accordance with a plan approved by the City of Kent and may not be removed without prior written City of Kent approval. Trees that are diseased or dead may need to be replaced per the tree plan for the City. An ACC request must be submitted for approval for front yard tree planting.

    2. Unauthorized tree cutting/trimming by owners or contractors may result in legal action for damages, including the recovery of reasonable attorney's fees and costs, at the expense of the owner.

    3. Tree houses are prohibited.

  4. Vegetable Gardens
    Raised or surface vegetable gardens may not be installed in the front yard or be visible from the front of each home.

  5. Trash Containers
    1. Garbage, yard waste, and recyclable containers, will be stored out of view from the front of the home except on collection day. Christmas trees may not be left on the Lot and must be disposed of immediately.

    2. Trash containers may be placed on the curb the evening before collection day and should be returned the evening of collection day.

    3. Size of the containers should be monitored by the Owners as to not have excess overflow which attracts birds and critters and may create a mess in the streets (e.g. wind). Resizing the container can be coordinated with the service. Only authorized containers by the pickup service are allowed.

  6. Storage Units
    1. A permanent storage unit must match the siding and color scheme of the Owner's home. Prior approval of the ACC is required to install a storage unit.

    2. Temporary storage units (e.g. moving Pods) may be placed in an Owner's driveway when the Owner is actively moving, and such units can be in place for no more than seven (7) days.
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SECTION E. HOME MAINTENANCE
  1. Responsibility
    Owners are responsible for maintenance and repair of their Lots, and perform any improvements as needed.

  2. Home Care
    The exterior of a building or structure will be maintained in an attractive manner, in harmony with the community standards of external design and cohesive aesthetic quality as existing structures on neighborhood Lot as determined by the discretion of the ACC. The exterior of a home such (including paint, siding, rain gutters, roofing, windows, doors, fences) which are missing, broken, or in a state of disrepair must be repaired and/or replaced in a timely manner in accord with ACC guidelines.

  3. Window Coverings
    All windows and/or glass doors shall be covered with blinds, drapes, and verticals, and must have a white or neutral color back which face the outside of the home. No sheets or other materials may be hung over windows and glass doors. Window coverings shall be kept in good repair.
 
SECTION F. ARCHITECTURAL CONTROL COMMITTEE (ACC) APPLICATION
  1. Scope
    1. The ACC has authority over all Lots in the Association to ensure a consistent community aesthetic. The construction, repair, replacement, installation, or alteration (including repainting/re-staining) of any buildings, structures, and fixtures that are identified in the ACC guidelines must receive ACC approval prior to the Owner beginning the project.

    2. Once the ACC approval is obtained, owners must follow the guidelines, conditions, and requirements of the approval.

    3. ACC approval does not eliminate the requirement for City, County, and/or State approval or permits or any other required code compliance. Owners are responsible for determining if the proposed project requires government approval and are required to obtain any required approvals or permits before beginning work. The Association and ACC will not be held liable for Owner's failure to obtain proper approval/permitting from government agencies. The ACC strongly recommends obtaining ACC approval of the project prior to applying for approval/permits from government agencies.

  2. ACC Application
    Owners must contact the ACC for an ACC Application which will detail the required information and instructions. The ACC application must be approved of in writing prior to the Owner beginning the proposed project.

  3. ACC Evaluation Criteria
    1. The proposed alterations must be compatible with adjoining homes and structures, and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, colors, size, scale and construction details.
    2. The proposed alteration should not detract from the neighborhood landscape and adjoining homes.

    3. If a permit is required, the proposed alteration must maintain City of Kent required setbacks or as set forth in City of Kent Building and Zoning Codes.

    4. If applicable, the proposed alteration needs to take into account drainage issues for the Owner and neighboring Lots.

  4. Material Storage
    ACC approved renovation, remodeling, or other maintenance or repair of a residence may require storage of materials to complete the project. This material may be stored on a Lot for the duration of the project, provided the materials are kept in a neat and organized manner. ACC approval of the storage of materials must be completed before the start of the project and the Owner must also provide an expected date of completion and removal of stored materials.

  5. ACC Application Violations
    The fine for not following the ACC application process is $500.00 per project. Additionally, Owner's Lots that are determined to be in violation of current aesthetic standards, or who fail to bring their Lot into compliance after notice has been provided, may be subject to continuing fines or other enforcement including legal action including the recovery of the Association's reasonable attorneys' fees and costs.
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SECTION G. ACC GUIDELINES
 
AG1 Additions
AG2 Air Conditioning Units
AG3 Arbors
AG4 Artificial Turf
AG5 Yard Artwork & Sculptures
AG6 Awnings
AG7 Chimneys and Metal Exhausts
AG8 Compost Bins
AG9 Decks
AG10 Enclosures, Pets
AG11 Doors; Storm and Screen
AG12 Driveways
AG13 Fencing
AG14 Garage Doors
AG15 Grills
AG16 Gutters and Downspouts
AG17 Hot Tubs
AG18 House Numbers
AG19 Painting
AG20 Patio
AG21 Patio Cover, unattached
AG22 Recreational Play Equipment
AG23 Retaining Walls
AG24 Roofs
AG25 Siding Replacement
AG26 Solar Panels
AG27 Skylights, Sun Tunnels
AG28 Windows
 
AG1. Additions
  1. Any additions to the home, including but not limited to sunrooms, screened porches, patio enclosures, attached patio covers, greenhouses, bay windows, room additions and garages must incorporate the same materials and color of the existing structure.

  2. The permissible size of the addition will depend on the size of the Lot, the size and style of the home, and will be commensurate with the scale of the home.
AG2. Air Conditioning Units
  1. Air conditioning units or other appliances protruding from windows (except portable air conditioning venting) are prohibited.

  2. Sound dampening central air conditioning units or heat pumps must be located so they are not visible from the street or sidewalk and must installed in rear and side yards only.
AG3. Arbors
Arbors will not exceed ten (10) feet in height from the ground and are permitted on decks, patios, or can be a freestanding decorative element. If attached to a deck, the material and color must be the same or compatible with the deck.
 
AG4. Artificial Turf
Design must be a replacement for existing natural lawn, and must allow for retention of similar plant/bark gardens.
 
AG 5. Artwork, Sculptures, Water Features
Art, sculptures, or water features in excess of thirty-six inches height, width or depth are not permitted to be located in the front yard without written ACC approval.
 
AG6. Awnings
  1. Retractable awnings over patios or decks with suitable dimensions will be permitted on the rear of the home.

  2. Fixed awnings over windows are prohibited.

  3. Awnings must be kept in such a manner that they do not appear sun-faded, appear to have mildew or mold, and must complement the color of the home siding.
AG7. Chimneys and Metal Exhausts
Masonry chimneys and flue enclosures shall be compatible in design, location, and color with the existing home.
 
AG8. Compost Bins
A compost bin shall be placed at the rear of the lot and be no greater than approximately four (4) feet in size. The odor impact of the bin must not be a nuisance to neighbors.
 
AG9. Decks
  1. A deck's size must be compatible with the size of the Lot.

  2. A deck's style must be compatible in materials and color with the Owner's Home.
AG10. Enclosures, Pets
  1. Doghouses, runs and pens must be compatible with the Owner's home in terms of color and material. Chain-link material is prohibited.

  2. Pet enclosures must be located where they are visually unobtrusive to neighbors. The Owner may use plantings to help screen the pet enclosures. Should a neighbor dispute arise about the visual placement of the pet enclosure, the ACC shall make a final determination.

  3. Exterior pet doors must be located in the rear yard and exit to a yard with a fence or enclosed space.
 
AG11. Doors, Storm and Screen
Storm or screen doors must be coordinated to match or be compatible with the entry doors behind them, the home, and the window trim.
 
AG 12. Driveways
Driveway additions or expansions should match or complement the existing driveway's material(s) and finish. The driveway width must match the garage door with a slight addition for a walkway.
 
AG13. Fencing
  1. The design, materials, and paint/stain color must be submitted with the ACC application. The fence design must match the existing fence style provided by the builder, known as Picture Frame.

  2. No fence shall exceed six (6) feet.

  3. No fences are allowed to extend nearer the street than the front line of the home.

  4. Fences must be kept in good condition and repair, and must be painted, stained, repaired and replaced as necessary to maintain a high aesthetic standard. All wood fences must be initially painted or stained, with paint or stain thereafter applied as needed to maintain a high aesthetic standard. High aesthetic standard is a determination made by the ACC.
AG14. Garage Doors
  1. Visibly damaged panels of garage doors must be replaced with same model if available or a similar model with a design and color scheme that is approved by the ACC.

  2. Garage doors must be kept operational.
AG15. Grills
  1. Grills must be placed in the backyard only.

  2. Any permanent grills must be constructed in compliance with building and fire codes.
AG16. Gutters and Downspouts
Gutters and downspouts must be compatible with exterior trim colors.
 
AG17. Hot Tubs and Pools
  1. Other than small, temporary and easily removable or movable "kiddie pools", hot tubs or pools may not be located in a front yard. Placement in a side yard is permitted but only if the tub or pool is not visible from street.

  2. The hot tub or pool materials will blend with the natural surroundings or have screening installed. The permissible size of the hot tub or pool will depend on the size of the Lot and the color must be compatible with the Owner's home.
AG18. House Numbers
Changes to house number designs must be approved by the ACC. It is the intent to keep the house numbers in a consistent design as established by the builder.
 
AG19. Painting
  1. All repainting of Homes or other structures, even if the same color or stain shade, require application and ACC approval.

  2. Color chips of proposed stains and paints must be submitted along with the ACC application.

  3. Gloss finish paints are prohibited on the exterior of the home.

  4. A home's trim may not be painted the exact same color as the rest of the house.

  5. Upkeep, maintenance and repair of paint on a home or structure does not require an application or approval if such upkeep (i.e. touch-up painting, painting areas after repairs, and so forth) matches the original color.
AG20. Patios
  1. The permissible size of a patio will depend on the size of the Lot, the size and style of the home, and will be commensurate with the scale of the home

  2. A patio's style must be compatible in materials and color with the Owner's Home.

  3. Drainage must be considered.
AG21. Patio Cover, Unattached
  1. Size of the structure may not exceed two hundred (200) square feet in area, and must be compatible with the patio size and Lot size.

  2. The height of the cover is restricted to ten (10) feet.

  3. The cover must be compatible with the architectural characteristics of the Owner's home, neighboring homes, and the community.

  4. Corrugated material is prohibited.
AG22. Recreation and Play Equipment
  1. Recreation and play equipment (including basketball hoops) will be in the rear yard or the side yard.

  2. Any recreational equipment must be compatible with the scale of the Lot, the home, and all the surrounding Lots. Notwithstanding the foregoing, in no circumstances will structures over twelve (12) feet in height be approved (with the exception of a basketball hoop and standard backboard that is regulation size and height).

  3. Jungle gym sets must be constructed primarily of wood and stained a natural color.
AG23. Retaining Walls
  1. Retaining walls must be integrated into an approved landscape plan.

  2. Drainage must be considered.
AG 24. Roofs
  1. Roofing style and color must be compatible with other homes in the neighborhood.

  2. A sample of any proposed roofing must be submitted with the ACC application.
AG25. Siding Replacement
  1. Siding style and color must be compatible with other homes in the neighborhood.

  2. A sample of proposed siding and paint chips must be submitted with the ACC application.
AG26. Solar Panels / Wind/Renewable Energy
A study by the ACC will be required prior to any approval. This determination will be dependent on current standards, design and aesthetics. Due to the nature of such improvements, the application process may take longer for such projects.
 
AG27. Skylights / Sun Tunnels
Skylights and sun tunnels should have a low profile with a flat or slightly curved panel.
 
AG28. Windows
Any proposed window frame replacement should coordinate with existing design and color of the exterior window trim.
 
 
SECTION H. COLLECTION POLICY
This Assessment, Payment & Collection Policy is effective on the date specified on the first page of these Rules and Regulations, and replaces any assessment, payment or collection policy adopted previously by the Association.
 
The Association is responsible for the operation and maintenance of the community. In order to carry out this responsibility the Association assesses each Owner for that Owner's share of the common expense liability as required by the Governing Documents and the laws of the State of Washington.
 
The common expenses of the Association are based on the Board's careful projection of the Association's expenses and the funds necessary to conduct its activities as set forth in the annual budget adopted by the Association. It is necessary to ensure that all Owners pay their assessments promptly so that sufficient funds are available to fulfill the Association's contractual obligations as well as its obligations to all its members.
Failure of any Owner to promptly pay assessments results in additional burdens on all Owners. It is, therefore, this Community Organization's policy to take such steps as are necessary to ensure compliance by Owners with their obligation to promptly pay assessments levied by the Community Organization.
  1. Assessments
    Assessments are based on the annual budget adopted by the Association, and are due in accordance with the payment schedule adopted by the Board. Assessments include all sums chargeable by the Association against a Lot including, without limitation, regular and special assessments for Common Expenses, charges and fines levied by the Association, interest and late charges on any delinquent account, and costs of collection, including reasonable attorneys' fees incurred by the Association in connection with the collection of a delinquent Owner's account. Accounts are delinquent if payment in full is not received by the fifteenth of the month in which the payment is due. Each Owner has the responsibility to arrange for payment of their assessment so that the payment arrives on or before the date the payment is due.

  2. Late Fees
    Late Fees deter Owner delinquencies and reimburse the Association for some of the additional administrative time and costs associated with late payments. The Association may assess Late Fees against Owners who do not pay their assessments in a timely manner. Late Fees will be assessed at $25.00 each month an account is delinquent. An additional $10.00 administrative fee will be assessed for each check that is returned as having insufficient funds. Additionally, Owner is responsible for reimbursing the Association for any insufficient funds fee that is issued by the bank.

  3. Interest
    As provided in the governing documents, assessments not paid by the fifteenth of the month accrue interest from the first of the month at the greater of 12% per annum or the highest rate permitted by State law.

  4. Attorneys' Fees and Costs
    As provided in the governing documents, should the Association be required to use the services of legal counsel and should the Association incur costs in the collection of delinquent assessments, the delinquent Owner shall be responsible for all attorney's fees and costs incurred. Such fees and costs will be added to the Owner's account in a similar manner as an assessment and will be collectable and lienable as an assessment would be.

  5. Application of Payment
    Payments made by a delinquent Owner toward a delinquent debt are applied as follows: first to interest accrued; then to late fees; then to administrative fees; then to any other costs and reasonable attorneys' fees incurred in collection; then to fines; and lastly to specific assessments and budgeted special and periodic assessments. The Association may change the order in which payment are applied if it determines that such a change is in the Association's interest. This policy regarding Application of Payment does not require the Association to change how it applies payments in its standard bookkeeping practice.

  6. Collection Procedures
    The following steps are those the Association will generally take in collecting on a delinquent account. The Association is neither required to take these specific steps nor must it adhere to these specific timeframes. The Board may evaluate each delinquency on a case-by-case basis and determine which steps and what timing it believes will best achieve the payment of delinquent assessments:

    1. 16th of the month — Late fee assessed and statement to Owner
    2. 16th of second month- Late fee assessed and statement to Owner
    3. 16th of third month — Late fee assessed and statement to Owner
    4. 16th of fourth month — Late fee assessed and statement to Owner
    5. 16th of fifth month — Account referred to Association's legal counsel. Lien prepared and recorded. Demand letter sent from Association's legal counsel to Owner
    6. 16th of sixth month — Association's legal counsel may file a lawsuit to foreclose the lien

      Once referred to legal counsel, all contacts regarding a delinquent account with an Owner shall be handled through the Association's attorney. In coordination with the Board, the Association's attorney shall have authority to negotiate a settlement of the delinquent account directly with an Owner.

      The Association reserves the right to vary from the collection procedures above where particular circumstances warrant such deviation in the reasonable business judgment of the Board or its legal counsel.

  7. Notices
    It is the responsibility each Owner to provide written notice to the Association of the current name and mailing address of the Owner and the effective date of any change. Said written notice shall be signed by all Owners of a Lot and delivered in accordance with the governing documents.

  8. Transfer of Account
    When a Lot is sold; escrow must notify the Association in writing within fourteen (14) calendar days after closing. This notification should include the buyer's contact information (name and phone). There is a $25.00 administrative transfer fee upon conveyance of title which the buyer will be responsible for (unless negotiated differently by the seller/buyer). The assessment connected to the Lot will then be transferred to the new Owner. Failure by any party to notify the Association of title transfer to any Lot will result in the new Owner being assessed the administrative transfer fee described in this section.
 
 
SECTION I. ENFORCEMENT POLICY
All members of the Association are subject to the Governing Documents. Each Owner in the Association, including their family, tenants, and guests, are required to strictly comply with the Governing Documents. Owners are responsible for ensuring their family, tenants, and guests comply with the Governing Documents. Failure to comply may result in the issuance of fines, actions to recover sums due for damages or injunctive relief, or both, maintainable by the Board for the Association or by an aggrieved member against the party failing to comply.
 
As provided in the Governing Documents, should the Association be required to use the services of legal counsel to enforce the Governing Documents, the violating Owner shall be responsible for all attorney's fees and costs incurred. Such fees and costs will be added to the Owner's account in a similar manner as an assessment and will be collectable and lienable as an assessment would be.
 
  1. Violations, Investigation and Fines:

    1. Investigation/Notice of Violation

      1. Investigation: When a possible violation is reported to or otherwise becomes known to the Association, it will be investigated by the Board or its designated representative(s), and a determination made as to whether a violation has actually occurred.

      2. Notice of Violation: If a violation is found, written notice of the violation will be sent or delivered to the offending Owner giving them a deadline date for compliance. The deadline given in such notice letters will be a reasonable time period within which to correct the violation and fully comply. In each case or matter, the Board will consider the nature of the violation, the circumstances of the owner and the property, and what it will take to correct the non-compliance in order to determine a reasonable time period deadline to give the owner to comply. If such Notice warns that fines will be imposed if compliance does not occur by a certain date, the Notice will also inform the owner of the right to request a hearing concerning the imposition of fines, pursuant to the provisions below in section 4.

    2. Rule - Legal Action
      If the Owner does not timely comply and correct the violation, the Association may assess or levy fines against them and the Lot according to the Association Fine Schedule. Additional fines may continue to be assessed while the legal action is in process, if the Owner continues to violate the requirements of the governing documents. All attorneys' fees and costs shall be awarded to the prevailing party and recoverable from the losing party in any action, lawsuit or other proceeding involving the issue or recovery of fines and/or the enforcement of the governing documents.

      Notwithstanding anything to the contrary herein, in the Board's discretion, legal action may be taken against the violating Owner at any time after a compliance deadline is given to owner, and nothing in these Rules is intended to waive or otherwise modify the Association's legal right(s) to take other enforcement measures in order to secure or achieve compliance.

  2. 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 which remain unpaid for thirty (30) days after being invoiced to owner shall automatically constitute a lien on the Lot and all its improvements and may be handled and foreclosed upon in the same fashion as if it were a lien for unpaid assessments under the Association's governing documents and the laws of the State of Washington. The Association may file a formal lien with the county in order to further protect its interests regarding the unpaid fine(s). The amount of the lien shall include interest, attorneys' fees, and all costs and expenses, incurred by the Association in the imposition and collection of such unpaid fine(s).

  3. Request for Hearing/Opportunity to be Heard

    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.

    2. Deadline for Owner Requesting a Hearing/Waiver of Hearing Right if Untimely Request
      The last letter or communication by the Association to owner with final deadline for compliance and a notice that fines will commence shall also specify the following information:
      1. The Owner has the right to request a hearing solely for the purpose of disputing the validity or basis of being fined;

      2. A reasonable deadline by which Owner must notify the Board in writing that he/she requests a hearing;

      3. If the Owner does not timely give written notice to the Board that he/she is requesting a hearing, Owner waives the right to a hearing.
        The deadline for requesting a hearing and the waiver of the right to hearing for failure to timely meet the deadline is intended to bring a definitive closure to the hearing request period, so that an Owner cannot unreasonably obstruct or delay implementation or collection of the imposed fines by requesting a hearing after collection or enforcement efforts begin.

    3. Request of Hearing
      The Owner must complete a written Request for Hearing which shall be mailed or delivered to the Association. The appeal request must contain the following:
      1. Owner's name and address;

      2. Owner's reasons, basis, and defense for the hearing;

      3. A copy of all supporting documentation;

      4. The name of any attending witnesses or other collaborating guests;

      5. The Owner's signature and date of the Request for Hearing.

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

      2. The Board will appoint and assemble a minimum of three (3) (or more at the Board's discretion) current members of the Association and/or the Association's Board of Directors, or appoint and name a representative designated by the Board 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.

      3. 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.

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

      5. 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.

      6. 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.

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

      8. If the Review Board determines that the owner's explanation or defense presented at the hearing was inadequate or otherwise failed to justify a reduction, modification, or waiver of the violation and/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 Owner.

  4. Stop Work Order
    In addition to posing a fine, if appropriate based upon the nature of the violation, the Association may issue a Stop Work Order to any person or entity engaged in unauthorized activity or actions that violate the governing documents. An unauthorized activity is an activity which requires prior written approval of the Board or the Architectural Control Committee (ACC), and which has not received such prior written approval. A Stop Work Order shall:
    1. Identify the address of the property involved;

    2. Describe the unauthorized activity;

    3. Identify the specific prior approval requirement being violated;

    4. State that the unauthorized activity shall immediately cease, and describe any additional sanctions to be imposed;

    5. State that the delivery of the Stop Work Order serves as a determination that a violation has occurred;

    6. State that this determination is final unless it is appealed to the Board, in writing, within 10 days of the date that the Stop Work Order was issued;

    7. State that the failure to immediately comply with the terms of the Stop Work Order will cause a $350.00 fine to be imposed, and that for each week thereafter in which non-compliance with the Stop Work Order takes place, a separate fine of $350.00 fine will be imposed.

  5. Severability
    If any portion of this policy is determined to be legally unenforceable, it shall not negate the enforceability of the remaining portions of the policy. 
SECTION J. FINE AND FEE SCHEDULE
If an owner violates any provision(s) of the governing documents and does not comply after reasonable notice and within the deadline given by the Association, fines may be imposed on the following schedule (unless otherwise specified in the governing documents):
  1. Continuous Violations
    If the violation is a continuous offense or condition which violates the governing document (e.g. illegally parked vehicle) and the Owner does not remedy the violation after reasonable notice has been given and the corrective deadline has passed, a fine will accrue at the rate of Fifteen Dollars ($15.00) per day until complete compliance occurs or is accomplished. Such fines may be assessed by the Association against any Owner and their lot, starting immediately after the notice deadline period expires without the complete and total correction of the violation(s) by owner within that period.

  2. Intermittent Violations
    If the violation involves an intermittent offense or conduct (e.g. nuisance, noise, or open fire), the Association may levy fines on a per incident basis as follows:
    1st Offense = Warning Letter to the Owner
    2nd offense (within twelve months of the Warning Letter) = $50.00
    3rd offense (within twelve months of the Warning Letter) = $100.00
    4th offense and each subsequent offense (within twelve months of the Warning Letter) = $250.00 per offense

  3. Determination of Nature of Violation
    The Board will make the final determination regarding whether a violation is continuous or intermittent in nature.

  4. Miscellaneous Fines and Fees
    ACC Application Violation Fine: $500.00
    Stop Work Order Fine: $350.00 (and $350.00 per week of continued non-compliance)
    Administrative Account Transfer Fee: $25.00 
The Westview Meadow's Rules and Regulations, including ACC Rules and Guidelines, Collection & Enforcement Policies, and Fine & Fee Schedules is duly adopted by the Association Board.
 
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DATED AND ENACTED on the 29th day of December, 2020.
  • Dennis Casadoro
  • Chris Blair
  • Marika Rausa
 
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