7.1. Acceptance and Control of Residential Association Property.
The Residential Association, through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property.
Declarant and its designees may convey to the Residential Association personal property and fee title, leasehold or other property interests in any real property, improved or unimproved, described in Exhibits “A” or “B.” The Residential Association shall accept and maintain such property at its expense for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such property to the Residential Association. Upon Declarant’s written request, the Residential Association shall re-convey to Declarant any unimproved portions of the Residential Properties originally conveyed by Declarant to the Residential Association for no consideration, to the extent conveyed by Declarant in error or needed by Declarant to make minor adjustments in property lines.
7.2. Maintenance of Area of Common Responsibility.
The Residential Association shall maintain, repair, and replace in accordance with the Community-Wide Standard, the Area of Common Responsibility, which shall include, but need not be limited to:
(a) All portions of, structures situated upon, and improvements to the Residential Common
(b) such portions of any additional property included in the Area of Common Responsibility as may be dictated by this Declaration, any Supplemental Declaration, the Covenant to Share Costs, or any contract or agreement for maintenance thereof entered into by the Residential Association;
(c) any property and facilities owned by Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Residential Association and its Members, such property and facilities to be identified by written notice from Declarant to the Residential Association and to remain a part of the Area of Common Responsibility and be maintained by the Residential Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the Residential Association;
(d) any signage installed on the Residential Properties by Declarant or the Residential Association which exceeds that signage mandated or installed by any governmental authority; and
(e) any property for which the Residential Association has maintenance responsibilities pursuant to the Covenant to Share Costs.
In addition to the above, and notwithstanding anything to the contrary in any Supplemental Declaration recorded in the Public Records prior to the recording of this Amended and Restated Declaration, the Residential Association shall maintain, as a Common Expense, storm water drain lines or facilities located (a) in the Residential Common Areas and (b) within the boundaries of and/or serving particular Units (but not that portion located within a structure on a Unit) that the Board determines should be maintained by the Residential Association due to safety, prevention of slides, protection of property or for the proper functioning of other components of the storm water system. The Residential Association shall have access to storm water drain lines or facilities located within the boundaries of and/or serving particular Units pursuant to the utility easement reserved to the Residential Association in Section 11.3.
The Residential Association may maintain, or perform aesthetic maintenance to, other property which it does not own, including, without limitation, property dedicated to the public, if the Board of Directors determines that such maintenance is necessary or desirable to maintain the Community-Wide Standard.
The Residential Association shall not be liable for any damage or injury occurring on or arising out of the condition of, property which it does not own except to the extent that it has been negligent in the performance of its maintenance responsibilities.
The Area of Common Responsibility may, but will not necessarily, include:
(a) Landscaping within public rights-of-way within or abutting the Residential Properties;
(b) All ponds, streams or wetlands located within the Residential Properties which are part of the storm water drainage system for the Residential Properties, including improvements and equipment installed in or used in connection with the system.
The Residential Association shall maintain the facilities and equipment within the Area of Common Responsibility in continuous operation, except for any periods necessary, as determined in the Board’s sole discretion, to perform required maintenance or repairs, unless Members representing 75% of the Class “A” votes in the Residential Association and the Class “B” Member, if any, agree in writing to discontinue such operation.
Except as provided above, the Area of Common Responsibility shall not be reduced by amendment of this Declaration or any other means except with Declarant’s prior written approval as long as Declarant owns any property described in Exhibits “A” or “B.”
Costs associated with maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense; provided, the Residential Association may seek reimbursement from the owner(s) of, or other Persons responsible for, certain portions of the Area of Common Responsibility pursuant to this Declaration, the Covenant to Share Costs, other recorded covenants, or agreements with the owner(s) thereof. Maintenance, repair and replacement of Exclusive Common Areas shall be a Neighborhood Expense assessed to the Neighborhood(s) to which the Exclusive Common Areas are assigned, notwithstanding that the Residential Association may be responsible for performing such maintenance hereunder.
(a) Required Coverage’s. The Residential Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverage’s as are reasonably available:
- (i) Blanket property insurance covering “risks of direct physical loss” on a “special form” basis (or comparable coverage by whatever name denominated) for all insurable improvements on the Residential Common Area and within the Area of Common Responsibility to the extent that Residential Association has assumed responsibility in the event of a casualty, regardless of ownership. If such coverage is not generally available at reasonable cost, then “broad form” coverage may be substituted. All property insurance policies obtained by the Residential Association shall have policy limits sufficient to cover the full replacement cost of the insured improvements under current building ordinances and codes;
- (ii) Commercial general liability insurance on the Area of Common Responsibility, insuring the Residential Association and its Members for damage or injury caused by the negligence of the Residential Association or any of its Members, employees, agents, or contractors while acting on its · behalf. If generally available at reasonable cost, such coverage (including primary and any umbrella coverage) shall have a limit of at least $1,000,000.00 per occurrence with respect to bodily injury, personal injury, and property damage; provided, should additional coverage and higher limits be available at reasonable cost which a reasonably prudent person would obtain, the Residential Association shall obtain such additional coverage’s or limits;
- (iii) Workers compensation insurance and employers liability insurance, if and to the extent required by law;
- (iv) Directors and officers liability coverage;
- (v) Commercial crime insurance, including fidelity insurance covering all Persons responsible for handling Residential Association funds in an amount determined in the Board’s best business judgment but not less than an amount equal to one-sixth of the annual Base Assessments on all Units plus reserves on hand. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation; and
- (vi) Such additional insurance as the Board, in its best business judgment, determines advisable.
In addition, the Residential Association shall, if so specified in a Supplemental Declaration applicable to any Neighborhood, obtain and maintain property insurance on the insurable improvements within such Neighborhood which insurance shall comply with the requirements of Section 7.3(a)(i). Any such policies shall provide for a certificate of insurance to be furnished upon request to the Owner of any Unit insured.
Premiums for all insurance on the Area of Common Responsibility shall be Common Expenses, except that (i) premiums for property insurance on Units within a Neighborhood shall be a Neighborhood Expense; and (ii) premiums for insurance on Exclusive Common Areas may be included in the Neighborhood Expenses of the Neighborhood(s) to which such Exclusive Common Areas are assigned unless the Board reasonably determines that other treatment of the premiums is more appropriate.
(b) Policy Requirements. The Residential Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs in the metropolitan Seattle area. All Residential Association policies shall provide for a certificate of insurance to be furnished to the Residential Association and, upon request, to any Member insured.
Policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 7.3(a). In the event of an insured loss, the deductible shall be treated as a Common Expense or a Neighborhood Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with Section 4.24 of the By-Laws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may assess the full amount of such deductible against such Owner(s) and their Units as a Specific Assessment.
All insurance coverage obtained by the Board shall:
- (i) be written with a company authorized to do business in Washington which satisfies requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate;
- (ii) be written in the name of the Residential Association as trustee for the benefited parties. Policies on the Residential Common Areas shall be for the benefit of the Residential Association and its Members. Policies secured on behalf of a Neighborhood shall be for the benefit of the Owners within the Neighborhood and their Mortgagees, as their interests may appear;
- (iii) not be brought into contribution with insurance purchased by Owners, occupants or their Mortgages individually;
- (iv) contain an inflation guard endorsement;
- (v) include an agreed amount endorsement, if the policy contains a coinsurance clause;
- (vi) provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner’s interest in the Residential Common Area or membership in the Residential Association;
- (vii) provide a waiver of subrogation under the policy against any Owner or household member of an Owner;
- (viii) include an endorsement precluding cancellation, invalidation, suspension, or non-renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Residential Association to cure the defect or violation and allowance of a reasonable time to cure;
- (ix) include an endorsement precluding cancellation, invalidation, or condition to recovery under the policy on account of any act or omission of any one or more individual Owners, unless such Owner is acting within the scope of its authority on behalf of the Residential Association; and
- (x) be reviewed by an experienced insurance professional.
In addition, the Board shall use reasonable efforts to secure insurance policies which list the Owners as additional insured’s and provide:
- (i) a waiver of subrogation as to any claims against the Residential Association’s Board, officers, employees, and its manager, the Owners and their tenants, servants, agents, and guests;
- (ii) a waiver of the insurer’s rights to repair and reconstruct instead of paying cash;
- (iii) an endorsement excluding Owners’ individual policies from consideration under any “other insurance” clause;
- (iv) an endorsement requires at least 30 days’ prior written notice to the Residential Association of any cancellation, substantial modification, or non-renewal;
- (v) a cross liability provision; and
- (vi) a provision vesting in the Board exclusive authority to adjust losses; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related to the loss.
Residential Common Area or other property which the Residential Association is obligated to insure, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes.
Damaged improvements on the Residential Common Area shall be repaired or reconstructed unless the Members representing at least 75% of the total Class “A” votes in the Residential Association, and the Class “B” Member, if any, decide within 60 days after the loss not to repair or reconstruct. If either the insurance proceeds or estimates of the loss, or both, are not available to the Residential Association within such 60-day period, then the period shall be extended until such funds or information are available. However, such extension shall not exceed 60 additional days. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Residential Common Area shall be repaired or reconstructed.
If a decision is made not to restore the damaged improvements, and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by· the Residential Association in a neat and attractive, landscaped condition consistent with the Community-Wide Standard.
Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by the Residential Association for the benefit of its Members or the Owners of Units within the insured Neighborhood, as appropriate, and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit.
If insurance proceeds are insufficient to cover repair or reconstruction, the Board may, without a vote of the Members, levy Special Assessments to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 7.3(a).
7.4. Compliance and Enforcement.
Every Owner and occupant of a Unit shall comply with the Governing Documents. The Board may impose sanctions for violation of the Governing Documents after notice and a hearing (if required) in accordance with the procedures set forth in Section 4.24 of the By-Laws. Such sanctions may include, without limitation:
(a) imposing reasonable monetary fines which shall constitute a lien upon the violator’s Unit. (In the event that any occupant, guest or invitee of a Unit violates the Governing Documents and a fine is imposed, the fine shall be assessed against the violator as well as the Owner);
(b) suspending an Owner’s right to vote;
(c) suspending any Person’s right to use any recreational facilities within the Residential Common Area; provided, however, nothing herein shall authorize the Board to limit ingress or egress to or from a Unit;
(d) suspending any services provided by the Residential Association to an Owner or the Owner’s Unit if the Owner is more than 30 days delinquent in paying any assessment or other charge owed to the Residential Association;
(e) exercising self-help or taking action to abate any violation of the Governing Documents in a non-emergency situation;
(f) requiring an Owner, at its own expense, to remove any structure or improvement on such Owner’s Unit in violation of Article IV and to restore the Unit to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the .right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed, and any such action shall not be deemed a trespass;
(g) without liability to any Person, precluding any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of Article IV and the Architectural Standards from continuing or performing any further activities in the Residential Properties; and
(h) levying Specific Assessments to cover costs incurred by the Residential Association to bring a Unit into compliance with the Governing Documents.
In addition, the Board may take the following enforcement procedures to ensure compliance with the Governing Documents without the necessity of compliance with the procedures set forth in Section 4.24 of the By-Laws:
(a) exercising self-help in any emergency situation (specifically including, but not limited to, towing vehicles that are in violation of parking rules and regulations); and
(b) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both.
In addition to any other enforcement rights, if an Owner fails properly to perform his or her maintenance responsibility, the Residential Association may record a notice of violation in the Public Records or perform such maintenance responsibilities and assess all costs incurred by the Residential Association against the Unit and the Owner as a Specific Assessment. If a Neighborhood Association fails to perform its maintenance responsibilities, the Residential Association may perform such maintenance and assess the costs as a Specific Assessment against all Units within such Neighborhood. Except in an emergency situation, the Residential Association shall provide the Owner or Neighborhood Association reasonable notice and an opportunity to cure the problem prior to taking such enforcement action.
All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, if the Residential Association prevails, it shall be entitled to recover all costs, including, without limitation, attorney’s fees and court costs, reasonably incurred in such action.
The Residential Association shall not be obligated to take any action if the Board reasonably determines that the Residential Association’s position is not strong enough to justify taking such action. Such a decision shall not be construed a waiver of the Residential Association’s right to enforce such provision at a later time under other circumstances or estop the Residential Association from enforcing any other covenant, restriction or rule.
The Residential Association, by contract or other agreement, may enforce applicable city and county ordinances and permit King County or the City of Issaquah to enforce ordinances within the Residential Properties for the benefit of the Residential Association and its Members.
In its actions, inaction, and deliberations while conducting the business affairs of the Residential Association, the Board shall act within the scope of the Governing Documents and in good faith to further the legitimate interests of the Residential Association and its Members. In fulfilling its governance responsibilities, the Board shall, in its deliberations, limit its actions to those reasonably related to the Residential Association’s purposes; those reasonably related to or within the Residential Association’s powers, as provided by the Governing Documents and as provided by Washington laws; and those that are reasonable in scope. The Board also shall exercise its power in a fair and nondiscriminatory manner and shall adhere to the procedures established in the Governing documents.
7.5. Implied Rights; Board Authority.
The Residential Association may exercise any right or privilege given to it expressly by the Governing Documents, or reasonably implied from or reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents, or by law, all Residential Association’s rights and powers may be exercised by the Board without a vote of the membership.
7.6. Indemnification of Officers, Directors and Others.
The Residential Association shall indemnify every officer, director, and committee member against all damages and expenses, including counsel fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member, except that such obligation to indemnify shall be limited to the extent indemnification is prohibited under the Articles of Ill corporation and/or Washington law.
THE RESIDENTIAL ASSOCIATION MAY, BUT SHALL NOT BE OBLIGATED TO, MAINTAIN OR SUPPORT CERTAIN ACTIVITIES WITHIN THE RESIDENTIAL PROPERTIES DESIGNED TO MAKE THE RESIDENTIAL PROPERTIES SAFER THAN THEY OTHERWISE MIGHT BE. THE RESIDENTIAL ASSOCIATION SHALL INCLUDE WITHIN THE COMMON EXPENSES THE COSTS RELATED TO ANY SUCH ACTIVITIES THAT THE RESIDENTIAL ASSOCIATION INCURS. NEITHER THE RESIDENTIAL ASSOCIATION NOR DECLARANT SHALL IN ANY WAY BE CONSIDERED AN INSURER OR GUARANTOR OF SECURITY WITHIN THE RESIDENTIAL PROPERTIES, NOR SHALL EITHER BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. NO REPRESENTATION OR WARRANTY IS MADE THAT ANY SYSTEMS OR MEASURES, INCLUDING ANY MECHANISM OR SYSTEM FOR LIMITING ACCESS TO THE RESIDENTIAL PROPERTIES, CANNOT BE COMPROMISED OR CIRCUMVENTED, NOR THAT ANY SUCH SYSTEMS OR SECURITY MEASURES UNDERTAKEN WILL IN ALL CASES PREVENT LOSS OR PROVIDE THE DETECTION OR PROTECTION FOR WHICH THEY ARE DESIGNED OR INTENDED. EACH OWNER ACKNOWLEDGES, UNDERSTANDS AND COVENANTS TO INFORM ITS TENANTS AND ALL OCCUPANTS OF ITS UNIT THAT THE RESIDENTIAL ASSOCIATION, ITS BOARD AND COMMITTEES, AND DECLARANT ARE NOT INSURERS AND THAT EACH PERSON USING THE RESIDENTIAL PROPERTIES ASSUMES ALL RISKS OF PERSONAL INJURY AND LOSS OR DAMAGE TO PROPERTY, INCLUDING UNITS AND THE CONTENTS OF UNITS, RESULTING FROM ACTS OF THIRD PARTIES.
7.8. Powers of the Residential Association Relating to Neighborhood Associations.
The Residential Association shall have the power to veto any action taken or contemplated to be taken by any Neighborhood Association which the Board reasonably determines to be adverse to the interests of the Residential Association or its Members or inconsistent with the Community Wide Standard. The Residential Association also shall have the power to require specific action to be taken by any Neighborhood Association in connection with its obligations and responsibilities, such as requiring specific maintenance or repairs or aesthetic changes to be effectuated and requiring that a proposed budget include certain items and that expenditures be made therefor.
A Neighborhood Association shall take appropriate action required by the Residential Association in a written notice within the reasonable time frame set by the Residential Association in the notice. If the Neighborhood Association fails to comply, the Residential Association shall have the right to effect such action on behalf of the Neighborhood Association and levy Specific Assessments to cover the costs, as well as an administrative charge and sanctions.
7.9. Provision of Services.
The Residential Association shall be authorized to provide services and facilities to the Issaquah Highlands community and to third parties, including groups and individuals beyond Issaquah Highlands’ boundaries. In the Board’s discretion, the Residential Association shall be authorized, but not obligated, to enter into and terminate contracts or agreements with other entities, including Declarant or its affiliates; to provide services to and facilities for the Members of the Residential Association and their guests, lessees and invitees; and to charge use and consumption fees for such services and facilities. By way of example, some services and facilities which might be offered include landscape maintenance, pest control service, cable television service, security, caretaker, transportation, fire protection, utilities, and similar services and facilities.
7.10. Facilities and Services Open to the Public.
Certain facilities and areas within the Area of Common Responsibility may be open for the use and enjoyment of the public. Such facilities and areas may include, by way of example, greenbelts; trails and paths; a town center; parks and other neighborhood spots upon which to gather and interact; and roads, sidewalks, medians, and parking lots. Declarant may, at the time the facilities are constructed and made a part of the Area of Common Responsibility, designate such areas and facilities as open to the public, or the Board of Directors may subsequently designate such facilities and areas as open to the public. Declarant, so long as Declarant owns any portion of the property described in Exhibits “A” or “B,” and the Board, thereafter, may revoke such public designation at any time in its sole discretion unless a local government, governmental agency, or other agency has accepted a dedication of title and assumed liability for such public area.
7.11. Transfer Fees.
One function of the Residential Association is to provide programs and activities which contribute positively to the Residential Properties’ residents and to the region of which the Residential Properties are a part. Therefore, the Residential Association shall have the authority, in its sole discretion, to require that, upon the closing of a sale or transfer of any property which is subject to this Declaration, the seller pay to the Residential Association a transfer fee.
The Residential Association shall have the sole discretion to determine the amount and method of determining any such transfer fee, which may, but is not required to, be determined based upon a sliding scale which varies in accordance with the “Gross Selling Price” of the property or another factor as determined by the Residential Association; provided, however, any such transfer fee shall be equal to an amount not greater than one-tenth of one percent (0.1 0%) of the Gross Selling Price of the property, and similarly situated sellers shall be treated similarly.
For the purpose of determining the amount of the transfer fee, the “Gross Selling Price” shall be the total cost to the purchaser of the property excluding taxes and title transfer fees as shown by the amount of tax imposed by Washington and King County. Monies obtained from such transfer fees shall be used by the Residential Association for the benefit of the Issaquah Highlands community as determined in the business judgment of the Board. Such uses may include, without limitation, contributions to one or more tax-exempt organizations.
Notwithstanding the above, transfer fees shall not be levied in the following instances:
(a) Conveyance of property from Declarant to a Builder or from a Builder to Declarant;
(b) Conveyance of property from one Builder to another Builder;
(c) Conveyance of property from a Builder to the first owner thereof other than Declarant or a Builder;
(d) Conveyance of property to a trust, partnership, corporation, or other entity so long as such entity is and remains wholly-owned by the grantor or by such grantor and the grantor’s spouse or children; provided, however, if the immediately preceding conveyance of the property was exempted from payment of the transfer fee pursuant to this subsection, then this exception shall not apply and the property shall be subject to payment of the transfer fee;
(e) Conveyance of property by a grantor or such grantor’s estate to the grantor’s spouse or children; provided, however, if the immediately preceding conveyance of the property was exempted from payment of the transfer fee pursuant to this subsection, then this subsection shall not apply and the property shall be subject to payment of the transfer fee;
(f) Conveyance of an undivided interest in a property by the grantor to any then-existing co-owner(s) of such property;
(g) A bona fide transfer of property to any institution due to or in lieu of the foreclosure of a loan; and
(h) Conveyance of property to or from Declarant to or from the City of Issaquah or any governmental agency.
All transfer fees shall be paid by the seller at the closing of the transfer and shall be a continuing lien upon each property until paid and may be collected by the Residential Association by any means available at law or in equity.
Notwithstanding any other provision in this Section 7.11, any property that is subject to the “Covenant for Community for Issaquah Highlands,” originally dated May 19, 2003, as amended, restated and recorded under King County Recording No. 20040204000499 (as may be further amended from time to time, the “Covenant”), and hence is subject to payment of a “Community Enhancement Fee” (as defined and described in the Covenant), is exempt from payment of any transfer fee under this Section 7.11.
7.12. Use and Consumption Fees.
In its sole discretion, the Residential Association shall have authority to charge use and consumption fees to any Person who uses services or facilities provided by the Residential Association, regardless of whether such Person owns property within the Residential Properties. Prior to providing any such service or facility for which the Residential Association will charge a use or consumption fee, the Residential Association shall notify the potential consumer that a use or consumption fee is applicable to use of the facility or service. The Residential Association shall have the sole discretion to determine the amount of and method of determining any such use or consumption fees. The Residential Association shall use any use or consumption fees it collects to exercise its powers, duties, or authority in accordance with this Declaration or the By-Laws.
7.13. Governmental Health and Wellness, Educational and Religious Interests.
So long as Declarant owns any property described in Exhibits “A” or “B,” it may designate sites within the Residential Properties for government, health and wellness, education, or religious activities and places of worship, and interests, including, but not limited to, fire, police, and utility facilities; schools or education facilities, libraries; parks; and art facilities, nature studies, museums, and other public facilities.
The sites may include Areas of Common Responsibility and, in such case, the Residential Association shall dedicate and convey those sites which it owns as directed by Declarant, and no approval shall be required. After any such dedication, such sites shall no longer be a portion of the Area of Common Responsibility, unless the Residential Association assumes responsibility for such site pursuant to the terms of this Declaration, any Supplemental Declaration or other applicable covenants, contracts, or agreements. So long as Declarant owns any portion of the property described in Exhibits “A” or “B,” if Declarant requests that any such dedicated site remain or be made a portion of the Area of Common Responsibility, the Residential Association shall take any action Declarant directs to make such site a portion of the Area of Common Responsibility, and no approval-shall be required.
7.14. Design Clearing-House.
The Residential Association may maintain a data bank of and may provide and disseminate to interested Persons information and design alternatives that encourage use of sustainable resources, technologies, and methods.
7.15. Animals and Habitat.
The Residential Association shall have the right and power, but not the obligation, to take any actions in accordance with appropriate law and adopt any rules as may be necessary for the control, relocation, or management of wildlife. Specifically, the Residential Association may establish and implement habitat protection and enforcement guidelines. The Residential Association may cooperate, interact, or enter into agreements with environmental entities for the purpose of mitigating the effects of the development of the Residential Properties on the region’s wildlife and otherwise executing the powers authorized in this Section.
Such guidelines, if any, may address preservation of areas of particular environmental significance, including promoting such preservation by the creation of wildlife linkages and wildlife corridors; minimizing impact on water resources; minimizing conflict between people and nature; and enhancing any habitat which is impacted through construction or human interference. Owners shall be required to comply with such guidelines and restrictions imposed by the Residential Association in accordance with such mitigation plan.
7.16. Educational Involvement and Activities.
The Residential Association is specifically empowered, but not obligated, to develop and provide educational programs to Owners and occupants of Issaquah Highlands and others in the surrounding community. The Residential Association shall have the power to cooperate, interact, and enter into agreements with other entities, including, without limitation, governmental authorities and agencies; quasi-governmental agencies; community associations, tax-exempt and other private entities; and educational institutions or systems, including primary, secondary, community college, and university institutions and systems, in order to provide educational programs. The Residential Association shall have the authority, but not the obligation, to implement and maintain programs, including, without limitation, . home owner instruction programs and programs that reinforce the community’s and the individual’s responsibilities as stewards of the environment.
The Residential Association shall be permitted, at any time, to modify or cancel existing education programs which it sponsors or to provide or participate in additional programs. Nothing contained herein is a representation as to what educational programs the Residential Association will or will not provide or in which the Residential Association will or will not participate. The Residential Association may provide for such programs or participation in such programs to be funded by the Residential Association, as Common Expenses, or by Owners who request such programs, as Specific Assessments.
7.17. Health and Wellness Programs.
The Residential Association is specifically empowered, but not obligated, to implement health and wellness programs for the benefit of the Owners and occupants of Issaquah Highlands and others in the surrounding community. The Board is authorized to provide services for both mental and physical health of such persons, including, without limitation, health education and screening programs. The Residential Association also shall have the power to interact with and enter into agreements with other entities for the provision of services related to health and wellness.
The Residential Association shall be permitted, at any time, to modify or cancel existing health or wellness programs which it sponsors or in which it participates or to provide or participate in additional programs. Nothing contained herein is a representation as to what services or programs the Residential Association will or will not provide or in which the Residential Association will or will not participate. The Residential Association may provide for such programs or participation in such programs to be funded by the Residential Association, as Common Expenses, or by Owners who request such programs, as Specific Assessments.
7.18. Recycling Programs.
The Residential Association may, but is not obligated to, establish recycling and compost programs and community recycling and compost centers within the Residential Properties. The Residential Association may own recycling and compost equipment. The Residential Association may, but shall have no obligation to, purchase recyclable materials in order to encourage participation in recycling programs. Any income received by the Residential Association as a result of such recycling efforts shall be used to reduce Common Expenses.
7.19. Water Management Activities.
The Residential Association is specifically empowered, but is not obligated, to develop and to implement various programs and practices for water conservation and waste water, surface water, ground water, rainwater and other water management activities. The Residential Association shall have the authority to implement and enforce restrictions and standards that insure that the quality and quantity of runoff, plant material absorption, and ground water recharge are as near their natural state as is feasible.
7.20. Transportation Systems Management.
(a) Responsibility and Authority. Declarant or the Residential Association shall be authorized, but not obligated, to establish and implement programs, services and activities designed to address transportation issues within the Residential Properties. Such authority may include, but need not be limited to, a public transit system which includes a transit station, connects with public transportation systems serving points outside the Residential Properties, and that organizes and promotes such activities as van pools, ridesharing, and the use of bicycle and pedestrian trails and paths (hereafter, generally referred to as the “Transportation System”). Declarant or the Residential Association may establish committees, create subsidiary entities (including, but not limited to, entities formed pursuant to Section 50l(c)(3) of the Internal Revenue Code), or contract with third parties for operation and administration of the Transportation System.
(b) Transportation Management Association. Declarant or the Residential Association may, but is not obligated to, establish a transportation management association (the “TMA”) for the purpose of administering or overseeing operation of the Transportation System, including, but not limited to, pursuing funding or transit subsidies for operation and promotion of the system, coordinating and promoting use of public transportation and transit services, sponsoring and promoting programs and activities designed to reduce vehicular traffic and to promote ridesharing and transit usage by owners and the general public within and outside the Residential Properties, and performing related activities.
The TMA may be a committee or subsidiary of the Residential Association.
(c) Funding of Operation and Maintenance. Costs of operating and maintaining the Transportation System, if established, shall be a part of the Common Expenses; provided, Declarant, the Residential Association, the TMA or their assigns also may charge user fees for use of any component of the Transportation System and seek subsidies or contributions from private or public sources to reduce the costs. Declarant, the Residential Association, the TMA or their assigns shall be authorized to enter into commercially reasonable agreements, as determined in the Residential Association’s business judgment, with any Person to operate all or any portion of the Transportation System on a commercial basis.
7.21. Utility Services.
The Residential Association may, but is not obligated to, purchase or otherwise acquire for the benefit of the Members electric power or other utility services from utility providers. The Residential Association shall have the authority to levy Base Assessments, Special Assessments, Specific Assessments, or Neighborhood Assessments to pay the expenses associated with providing such services.