Olympus I HOMEOWNERS ASSOCIATION, OIHA
(A Bothell Neighborhood)
RULES & REGULATIONS
(Effective Date: June 1, 2009)
1. APPLICATION AND AUTHORITY
1.1 Purpose. These rules and regulations (“Rules”) have been established to ensure the maximum enjoyment of the neighborhood by all residents, protect the investment of the Homeowner and make the neighborhood, as a whole, a place where owners take pride in the property.
1.2 Authority. These Rules have been approved by the Board of Directors in accordance with the Washington State’s Homeowners’ Associations statute (RCW 64.38), the Association’s Declaration, Articles and Bylaws and are subject to change with written notice to all owners and residents to their last known mailing address.
1.3 Inclusion of CC&Rs. These Rules are intended to supplement the Association’s Declaration of Conditions, Covenants and Restrictions (“CC&Rs”). The contents of the Declaration of Conditions, Covenants and Restrictions are incorporated herein by reference.
1.4 Publication. A copy of the Rules shall be provided to or sent to all owners at their last known address. Owners are responsible for providing a copy to tenants.
1.5 Universal Application. All owners, tenants, guests and pets are subject to these Rules. It is the responsibility of the owner(s) to notify tenants and guests of these rules, and the owner shall be held responsible by the Board of Directors for actions of the residents/guests in violation of these rules.
1.6 Conflicts. In the event that these Rules conflict with the Declaration (the CC&Rs), the Declaration shall control.
2. GENERAL RULES
2.1
Telephone Numbers and Email Addresses. All Homeowners are requested to provide current phone numbers and email addresses to the Board and/or Office Manager. This information will be kept private and used only by the Board of Directors for business purposes. No phone numbers or email addresses will be given to or shared with any other party.
2.2 Noise Pollution. Noise must not be audible outside any residence after 10
PM, in accordance with noise regulations of Snohomish County Code and/or other governing agencies.
2.3 Vehicles/Parking. Vehicles shall only be parked on improved parking areas.
Improved is defined as a moss-, grass- and weed-free surface paved with
asphalt, concrete, crushed rock, gravel or such other materials as the Board
may designate as appropriate. It shall be deemed a violation of the Covenants, Conditions and Restrictions to park, store or otherwise maintain any abandoned vehicles on the property. An abandoned vehicle is defined as any vehicle, trailer or boat meeting any one of the following criteria:
A. The registration has expired.
B. By its physical condition, i.e., flat tire, missing engine, missing transmission or wheels, or any other condition that makes it inoperable.
2.4 Other Parking/Storage. Per Article VI, Section 1 (d) of the CC&Rs: No goods, equipment, vehicles (including buses and trailers of any description) or materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, shall be kept, stored, dismantled or repaired outside any building on any residential Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. All vehicles parked on or around residential lots must be of reasonable size and number. Vehicle parking on streets within Association boundaries must comply with Snohomish County and/or other governing agency’s laws.
2.5 Parking/Storage on Common Area. Per Article VI, Section 1 (p) of the CCRs: No trailer, camper, or disabled vehicle shall be allowed to remain on any part of the Common Area for a period of time exceeding 72 consecutive hours. In the event this restriction is violated, the Association may cause the offending vehicle to be towed and the charges therefore shall be a lien against the property of the Owner in whose name the vehicle is registered or who invited the owner thereof into the area if the vehicle’s registered owner is not a Member of the Association.
2.6 Guests Staying in Vehicle. No trailer, motorhome or other vehicle placed within Association boundaries shall be used as a temporary residence for more than one week.
2.7 Vehicle Repairs. Per Article VI, Section 1 (q) of the CCRs: No repairs or service to any vehicle will be permitted in or about any area open to public view; provided, however, that minor routine maintenance work on the owner's own vehicles or emergency repairs that can be performed in a reasonable period of time is permitted. Toxic fluids from vehicles, such as anti‑freeze or oil, may not be discharged into the sewer or drainage systems.
3. ARCHITECTURAL, EXTERIOR APPEARANCE, CHANGES AND IMPROVEMENTS
The following restrictions and guidelines are applicable to construction, maintenance and improvements on all the residential properties. All projects must meet applicable building codes.
3.1 Prior Written Approval Required for ALL Projects. Per Article V of the CC&Rs, no building, fence, hedge, wall or other structure including pools, decks, hot tubs, sheds, playhouses, sports courts, arbors, outbuildings, cement work, etc. shall be commenced or erected upon the Properties, nor shall any exterior addition to or change or alteration therein be made, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the Board of Directors of the Association or by an architectural committee composed of three or more representatives appointed by the Board. These structures must be in harmony with external design and location in relation to surrounding structures and topography. To request approval, complete and submit an Architectural Application at least 30 days prior to your project start date. These forms are available from the Association office or website. Commencement of any project without written approval by the Architectural Committee will constitute a violation. All work must be completed within nine months of approval. In the event said Board or its designated committee fails to approve or disapprove such design and location within 45 days after said plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with.
3.2 Roofing. Roofing material shall be limited to composite shingles, cedar shakes or such other materials as the Board may designate as appropriate. The roof must be maintained in a clean and moss-free condition.
3.3 Siding Materials. The following materials are hereby deemed acceptable as finished sidings on buildings within the neighborhood: Cedar, Hardiplank, LP or WP or such other materials as the Board may designate as appropriate. Brick, Stone, and Masonry (stucco) may be used as a decorative element only. Approval is required for siding on new structures, as well as re-siding an existing structure.
3.4 Exterior Maintenance. The exterior of all buildings shall be maintained free of moss, broken windows, structures in disrepair, incomplete improvements or any other visual defects that may cause property devaluation.
3.5 Painting. Per Article VI, Section 1 (o) of the CCRs: Changes of the existing color of the exterior surface of the home shall be allowed with the prior written approval of the Board of Directors or the Architectural Committee of the Association. In addition to body color, paint chips must be submitted for trim and door colors as well.
3.6 Driveway/Concrete Work/Walkways. Approval is required for changes to existing driveway, walkway or other paved surfaces. All paved surfaces must be kept clean and free of moss.
3.7 Signs/Decals/Posters. Per Article VI, Section 1 (k): No signs shall be erected or maintained on any Lot, except that one bona fide FOR SALE or FOR RENT sign, not to exceed 18 inches in width and 24 inches in length, may be displayed on any Lot. Political yard signs not more than five square feet, of a temporary nature, will be allowed on Lots during campaign periods. Such signs must be removed from Lots within five (5) days of the occurrence of the election. Garage sale signs must be removed within five days of the sale. No inappropriate or offensive decals, signs or posters shall be displayed on any window.
3.8 Window Coverings. Windows should be covered with properly installed draperies, curtains, blinds or other suitable material. Covering windows with towels, sheets, blankets or other unsuitable material is prohibited.
- Antennas/Satellite Dishes. Per Article VI, Section 1 (i) and (n) of the CCRs: No external television antennas shall be erected, installed, or maintained without the prior written approval of the Association’s Board of Directors. No radio or television antennae shall be permitted to extend more than ten (10) feet above the roof line of any residence without the written approval from the Board of Directors. All outside radio aerials/antennas, as well as satellite dish antennas greater than forty (40) inches in length or diameter, are prohibited. Aerials, antennas, or satellite dish antennas shall under no circumstances be mounted on trees. Brightly colored aerials, antennas, or satellite dish antennas are prohibited; neutral gray colors and colors matching the building to which aerials, antennas, or satellite dish antennas are to be attached are permitted.
- Tarps and exterior coverings. Vehicle covers must be in good repair and free of mold and mildew. Neutral colors are required for tarps and other coverings in front and side yards.
3.9 No Above-ground Power Lines. No outdoor overhead wire for the distribution of electricity or for telecommunication purposes nor any pole, tower or other structure supporting said outdoor overhead wires shall be erected, placed or maintained within the properties.
3.10 Fences. Fences shall be well constructed of suitable fencing materials, shall be artistic in design and shall not detract from the appearance of the house on the lot or the neighboring properties. All fences must be maintained in good repair, including but not limited to, cleaning and treatment to prevent moss and mildew growth.
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Pre-approval Required. Per Article V of the CCRs and Rule 3.1 above: Approval by the Architectural Committee is required prior to beginning any fence project other than an exact replication of an existing fence. The application must include a drawing of the design and specifications describing the type, shape, materials, height, complete dimensions and exact location of the fence in relation to the property boundaries, existing structures and adjacent streets. It is the applicant’s responsibility to locate and identify the property markers prior to Architectural Committee review. All fencing applications must be submitted at least thirty (30) days prior to the beginning date of construction.
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General Conditions. Per Article VI, Section 1 (i): The following are general conditions for approval of proposed fencing projects: The property line is defined as 30 feet from the center line of a 60 foot right of way and 25 feet from the center line of a 50 foot right of way.
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All Lots Other Than Corner Lots. No fence, hedge, or mass planting, other than foundation planting, shall be permitted to extend nearer to any street than the property line of the residence,
except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than two feet above the finished grade at the back of said retaining wall, provided, however, that no fence, hedge, or mass planting shall at anytime, where permitted, extend higher than
six (6) feet above ground.
A. Front Fences. Any fence affronting a street shall be for these purposes considered a front fence, and cannot be more than forty-two (42) inches in height.
B.
Back and Side Fences. The fence running along the back and side up to the minimum setback line or residence shall extend no higher than six (6) feet in height.
C.
Side Fences in Front. The
fence between the minimum setback line of
residence and the front property line of
residence shall extend no higher than forty-two
(42) inches in height.
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Corner Lots. A corner lot shall be a Lot which affronts not only one but two of the named streets of the following: Brook Boulevard, Twenty First (21st) Drive (Cricket Path), One Hundred Seventy Seventh (177th) Street, Twenty Third (23rd) Avenue, Valley Circle Road, Twenty Fourth (24th) Avenue, One Hundred Seventy Fifth (175th) Street, One Hundred Seventy Second (172nd) Place. A corner Lot shall consist of one back, one side, and two fronts. No Fence, hedge, or mass planting, other than foundation planting, shall be permitted to extend nearer to any street than the property line of the residence, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than two
(2) feet above the finished grade at the back of said retaining wall, provided, however, that no fence, hedge, or mass planting shall at any time, where permitted, extend higher than
six (6) feet above the ground.
A. Back and Side Fences. The fences in the back and side up to the minimum setback line of residence shall extend no higher than six (6) feet in height.
B. Side Fences in Front. The fences on the side between the line of residence shall extend no higher than forty-two (42) inches in height.
C. Back Fences in Front. The fences in the back between the minimum setback line of residence and the front property line or residence shall extend no higher than forty-two (42) inches in height.
D. Front Fences in Front. The fences that run along the front property lines shall be forty-two (42) inches or less in height in the front.
(Written exceptions as to fence location in this section may be made by the Architectural Committee where the minimum setback line of the residence is greater than twenty (20) feet and the proposed fence has a setback of twenty (20) feet or more from the front property line.)
3.11 Animals. Per Article VI, Section 1 (j) of the CC&Rs: No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that dogs, cats or other household pets may be kept in compliance with existing laws and regulations and provided they are not kept, bred or maintained for any commercial purposes. The foregoing is intended also to exclude the keeping of any pets, such as cats, dogs or birds, in number or under conditions reasonably objectionable in the closely built-up residential community; provided, however, that no pet permitted hereunder shall be allowed beyond the Owner’s own Lot unless the same be securely fastened to a leash or other restraining device. The person accompanying the animal must remove animal waste deposited on lawns, rights-of-way and any Common Area. All pens and enclosures shall be kept clean and odor free at all times. Homeowners must comply with Snohomish County codes regarding pets to keep from creating a public nuisance.
3.12 Mailboxes. It shall be the responsibility of homeowners to maintain their mailboxes in good repair, including the removal of graffiti. Locking mailboxes meeting United States Postal Service regulations may be installed at owner expense.
4. COMMON AREAS
4.1 Playground and Park. The OIHA playground and park are intended for use by OIHA residents and their guests only. Children under the age of 12 must be accompanied by a parent or adult.
Curfew in the park area will be set at 10 PM or one hour after sunset, whichever is earlier. The trash can located in the playground is for playground use only. No dumping of household trash or yard waste is allowed in May's Pond park or playground. No loitering, alcohol or substance abuse allowed. Fireworks
are prohibited.
4.2 Clubhouse. Individuals under 18 years of age are not
to use the Clubhouse or its facilities unless accompanied by an adult. Rental rates and regulations will be set by the Board of Directors.
4.3 Common Area. No trees or plants are to be removed from or added to the Common Area without Board approval. All litter is to be picked up and placed in the garbage cans provided. Homeowners will be held responsible for any damage done by their guests, tenants, children or pets when using the Clubhouse, pool or park area. The pool and park facilities are not part of the Clubhouse rental.
4.4 Weapons and Firearms.
Firearms and other weapons are prohibited in the park or Common Area. This includes, but is not limited to, air guns, BB guns, pellet guns, paint ball guns, handguns, rifles, bows and arrows, slingshots or any other device that could risk damage to property or injury to persons in and around the Common Area.
5. LANDSCAPE
AND YARD MAINTENANCE
5.1 Trash Containers. Residents must remove all garbage, yard waste and recyclable containers from the street by the end of the day on each garbage collection day. Per Article VI, Section 1 (d): No portion of any lot or Common Area shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in approved sanitary containers for proper disposal. Garbage shall not be collected and/or stored in the back of pick-up trucks or trailers or other vehicles that are visible from the street. Yard rakings, such as rocks, dirt and other materials as a result of landscaping, shall not be dumped into public streets or ditches, or in any part of the Common Area. The removal and disposal of all such materials shall be the sole responsibility of the individual Lot owner.
5.2 Yard Maintenance. Each owner is required to maintain their yard in a manner consistent with the standards of the OIHA community in addition to and in conjunction with Article VIII of the CCRs. These standards include: Front and side yard areas visible from the street shall be maintained free of all unsightly conditions, such as accumulated leaves, tires, weeds, trash, garbage, litter, uncontrolled blackberry canes, etc. Lawns shall be maintained in a mowed, trimmed and weed-free condition. If the lawn contains clover, it shall be kept mowed to such a height to prevent it from blooming. All bark and rock material shall be adequately contained in appropriate areas to prevent it from spreading to sidewalks, streets and/or lawn areas. Areas to be maintained include sidewalks and any area between the sidewalk and the street. The back yard shall be kept free of weeds which may because of their size, number, type or location be a nuisance to the neighbors. Some yard projects require materials such as bark, mulch or soil to be dumped in the driveway. These materials cannot be stored in your driveway for longer than 10 days unless previously approved.
5.3 Holiday Decorations. Residents who put up holiday decorations must take them down no later than 45 days after the holiday has passed.
6. ENFORCEMENT
6.1 Board’s Authority. These Rules shall be enforced by the Board of Directors as provided for in the Articles of Incorporation, the Declaration of the Association and these rules. Owners are responsible for compliance by their tenants. Rules violations are recorded and a notice is sent to the property owner and/or resident. Properties in violation are generally given 30 days to correct the infraction. However, serious infractions may require an immediate response, as determined by the Board of Directors.
6.2 Homeowner Complaints.
- Self Help First. If you are disturbed by the actions of other residents, you may wish to personally contact the offending party to make them aware of the situation. Often a friendly reminder resolves the situation. If the grievance is not resolved after talking with the other party, you may phone or email the Office Manager or submit a written complaint to the OIHA Board of Directors.
- Written Complaints. If you feel that one or more of the Association Rules have been violated, you may submit a written complaint to the Board of Directors, with photos, if possible. Complaints must be dated, identify the specific rule or rules suspected of being violated and signed by the party submitting the complaint.
- Board Response. As soon as feasible, the Board will consider the complaint and make a determination as to whether any rules have been violated and if any further action is necessary to stop the violation. An effort will be made to inform the complainant of the Board’s decision.
6.3 Fines. Violations of Association Rules may result in the imposition of a fine. The Board will determine which behavior (or time intervals for chronic conditions) constitutes a separate violation. Paying a fine does not relieve a person from responsibility to correct a violation.
1. General Fine Schedule. Unless another schedule of fines has been published to redress specific rules violations, fines may be imposed, at the sole discretion of the Board, as follows:
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Violation Notice*
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Fine/Penalty
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First Violation
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Warning only
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Second Violation
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$25
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Third Violation
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$50
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Fourth Violation
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$250
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Fifth Violation
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To be Determined
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* Fines apply for the first thirty days after the date the fine is imposed. Continued presence of the violation on the day following the thirtieth day will result in an additional fine per the above schedule. Repeated violations of the same restriction within twelve months of the first warning will constitute a successive violation according to the above schedule. Directors may determine that each day during which the violation continues is a separate offense, subject to a separate fine not to exceed
twenty dollars ($20) for each offense.
2. Specific Fines. Serious violations may be subject to immediate fines, without warning, at the sole discretion of the Board. Commencement of any project requiring prior approval of the Architectural Committee per 3.1 above, without that approval, may result in an immediate fine of $25. The Board may determine that each day during which work continues is a separate offense, subject to a separate fine not to exceed twenty dollars ($20) for each offense. Possession of a weapon in the Common Area will result in an immediate fine of $25.
3. Opportunity for Hearing. When any fine is imposed or damage repair assessment is made against any Homeowner or Lot, the Board of Directors will notify the owner and residents of that Lot in writing of the amount of the fine and/or damage repair and the reason for the assessment. The resident or owner of that Lot shall have fifteen (15) days to request a hearing before the Board of Directors to have the matter reviewed. This request shall be made in writing to the Board. If no request for hearing is made, the fine and or damage assessment will remain effective against that Lot, and the monetary penalty will (i) become enforceable against the Homeowner, and (ii) become enforceable against the Lot, and (iii) begin to accrue interest at the rate of 8 ½ % per annum until paid in full.
4. Payment of Fines. Fines and assessments for damage or violation of these Rules become due and payable on or before thirty (30) days from the date that notice of such fine or assessment is sent to the party concerned. Unpaid fines or assessments will accrue interest at the annual rate of 8 ½ % per annum until paid in full.
6.4 Notice of Violation. If the Board determines that a violation of a rule has occurred, the Board may, in its sole discretion and without limiting any other remedies available to the Board, send written notice of violation to the offending party, and the owner of the lot which that person occupies if that person is not the owner, specifying the particular rules being violated and suggesting a specific remedy or course of action to be followed by the offending party for redressing or alleviating the situation. If the violation constitutes a recurring violation or a violation for which a general or specific fine schedule has been published, the notice shall also specify the fine being imposed on the offending party, subject to an enforcement hearing at the option of the offending party.
6.5 Enforcement Hearings. If a hearing is requested pursuant to paragraph 6.3, the board shall schedule a meeting with the
Homeowner within thirty (30) days of the receipt of the notice of request of hearing to review the matter. All parties shall have an opportunity to be heard at the hearing. Any party at the hearing may be represented by counsel. After all testimony has been given, the Board of Directors shall then determine, by a vote of the Directors, if a Rules violation has occurred and if a fine shall be issued. The majority of the board members shall prevail. All parties shall be notified in writing of the decision.
6.6 Fees and Costs. In addition to any fine assessed, the property owner/resident, will be responsible for the costs associated with the violation, including, but not limited to repair of damaged property and any attorney’s fees or other fee incurred by the Board which may be associated with the violation.
6.7 Lien for Charges. Fines and damage assessments imposed under these Rules will give rise to lien rights in the Association for collection of amounts due, and such liens may be enforced the same as general liens for delinquent assessments pursuant to Article 4, Section 8 of the CCRs.
6.8 Alternative Remedies.
Nothing in this section shall be construed as a prohibition of or a limitation
on the right of the Board to pursue other means to enforce the provision of
the various Association documents, including but not limited to legal action
for damages or injunctive relief. Per Article VIII of the CCRs: In the event
an Owner of any Lot in the Properties shall fail to maintain the premises and
the improvements situated thereon in a manner satisfactory to the Board of
Directors or the Association, after approval by two-thirds (2/3) vote of the
Board of Directors, shall have the right, through its agents and employees, to
enter upon said parcel and to repair, maintain, and restore the Lot and the
exterior of the buildings and any other improvements erected thereon. The cost
of such exterior maintenance shall be added to and become part of the
assessment to which such Lot is subject.
6.9 Interpretation of Guidelines: The Board shall have the right to determine all questions arising in connection with these Guidelines and to construe and interpret the provisions of the Guidelines, and its good faith determination, construction or interpretation shall be final and binding. The Board, in the discharge of its obligations hereunder and in its deliberations, shall act fairly in making decisions concerning various plans, specifications, plot plans and landscape plans submitted to it by various owners for consideration. The determination of the Board, as to non‑compliance, shall be in writing signed by the Board and shall set forth in reasonable detail the reason of non‑compliance.
7. GENERAL PROVISIONS
7.1 Meanings. Words and phrases used in these Rules shall be given their ordinary meaning unless otherwise provided for herein.
7.2 Amendments. These Rules may be amended by the Board of Directors in accordance with the Articles of Incorporation of the Homeowners Association and the Declaration.
7.3 Severability of Provisions. If any clause, phrase, provisions or portion of rules or the application of them to any person or circumstances shall be invalid or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of these rules nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other permitted persons or circumstances.
Adopted on the fourteenth day of April, 2009 by the Board of Directors of the Olympus I Homeowners Association.
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Barbara Sleeper, President
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Paul Richards, Vice President
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Tonya Lee-Miewald, Secretary
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Peggy Lindgren, Treasurer
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Members-at-Large
