Portage Bayshore Declarations
The following Declaration is not to be used as a legal document. It is a typed copy and may have words missing
DECLARATION AND COVENANTS, CONDITIONS, RESTRICTIONS AND
RESERVATIONS FOR THE PORTAGE BAYSHORE
TABLE OF CONTENTS
SECTION 1
INTERPRETATION
Liberal Construction
Terms Consistent With Act
Covenants Running with Land
Singular/Plural, Etc.
Developer is Original Owner
Unit and Building Boundaries
Percentage of Mortgages
Captions and Exhibits
Inflationary Increase in Dollar Limits
Definitions
SECTION 4
DESCRIPTION OF CONDOMINIUM UNITS ACCESS AND PARKING SPACES
Designation of Condominium Units
Description of Condominium Units
Access
Parking Spaces
SECTION 7
VALUE AND VOTING RIGHTS OF EACH CONDOMINIUM UNIT
Value of Property; Unit Percentage Interests
Value of a Condominium Unit
SECTION 9
ADMINISTRATION DURING INTERIM PERIOD, ELECTION OF BOARD OF DIRECTORS AND OFFICERS, AND ADOPTION OF BYLAWS.
Management by Developer
Election of the Board of Directors
Term of Directors
Vacancies on Board of Directors
Quorum
Officers
Indemnification
No Personal Liability
Amendment of Bylaws
SECTION 11
COMMON EXPENSE FUND AND ASSESSMENTS
Estimated Expenses
Payment by Owners
Separate Accounts
Failure to Assess Not Waiver
Recordkeeping
Developer Liability
Moorage Unit Expenses
SECTION 13
REGULATION OF USES
Residential Use
Facilities Required by Developer
Parking
Driveways, Walkways, etc.
Maintenance and Modification of Units and Limited Common Area
Exterior Appearance
Uses Affecting Insurance
Signs
Animals
Offensive Activity
Construction Work – Common and Limited Common Area
Rentals
SECTION 15
DAMAGE OR DESTRUCTION; RECONSTRUCTION
Initial Board of Directors’ Determinations
Notice of Damage or Destruction
Definitions
Restoration by Board of Directors
Limited Damage; Assessment Under $5,000
Major Damage; Assessment over $5,000
Decision Not to Restore; Disposition
Damage Limited to Moorage Facilities
Miscellaneous
SECTION 17
MORTGAGEE PROTECTION
Priority of Mortgages
Abandonment of Condominium Status
Partition and Subdivision
Material Amendments to Declaration and Bylaws
Effect of Declaration Amendments
Wrtten Notice
Insurance Policy Terms
Inspection of Books; Audited Financial Statements
Obtaining Developer’s Powers
Extension of Developer’s Powers
Right of Board of Directors to Cure Defaults
Change in Manager
SECTION 20
PROCEDURES FOR SUBDIVIDING OR COMBINING
Procedure
SECTION 22
MISCELLANEOUS
Notice
Notice to Mortgages
Service of Process
Remedies Not Exclusive
Mortgagee’s Acceptance
Severability
Effective Date
Reference to Survey Map and Plans
SECTION 2
DESCRIPTION OF LAND
Land Described
Location of Land
SECTION 3
DESCRIPTION OF BUILDINGS AND IMPROVEMENTS
Description and Location of the Buildings
Construction of Building
Other Improvements
SECTION 5
DESCRIPTION OF COMMON AREA
Description of Common Area
SECTION 6
DESCRIPTION OF LIMITED COMMON AREA
Description of Limited Common Area
Parking, etc. Assignment
Transfer of Parking Rights, etc.
SECTION 8
CONDOMINIUM UNIT OWNERS’ ASSOCIATION
Form of Association
Membership
Transfer of Membership
Number of Votes
Voting Owner
Pledged Votes
Joint Owner Disputes
Annual Meetings
Special Meetings
Quorum
SECTION 10
AUTHORITY AND DUTIES OF BOARD OF DIRECTORS
Authority of The Board of Directors
Limitations on Board of Directors’ Authority
No For-Profit Business
Exclusive Right to Contract
No Structural Changes Without Authorization
Acquisition of Property
Authorization to Board of Directors
Limitation on Liability of Directors
Entry for Repair
Notice of Conveyances Requires
Responsibility of Moorage Division
SECTION 12
COLLECTION OF ASSESSMENTS
Lien Indebtedness
Collection of Delinquent Assessments
Liability of Mortgages
Certificate of Assessment
Late Charges
SECTION 14
INSURANCE
Insurance Coverage
Owner’s Additional Insurance
Insurance Proceeds
Additional Provisions
SECTION 16
CONDEMNATION
Consequences of Condemnation
Proceeds
Complete Taking
Partial Taking
Reductions of Condominium Upon Partial Taking
Reconstruction and Repair
SECTION 18
COMPLIANCE
Enforcement
Termination of Utilities
No Waiver of Strict Performance
SECTION 19
EASEMENTS
In General
Association Functions
Encroachments
Easement for Construction
Right of Entry for Maintenance, Repairs, Emergencies or Improvements
SECTION 21
AMENDMENT OF DECLARATION, SURVEY MAP, PLANS
Declaration Amendment
Map and Plans Amendment
Certain Amendments by Developer or Association
Amendments to Conform to Construction
Discontinuance of Condominium
Amendments of Supplemental Declaration
EXHIBIT “A”’ Legal Description of Property
EXHIBIT “B” Identification and Description of Units
EXHIBIT “C” Unit Values and Voting Rights
EXHIBIT “D” Supplemental Declaration and Covenants, Conditions, Restrictions and Reservations For Moorage Unit of The Portage Bayshore
DECLARATION AND COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR THE PORTAGE BAYSHORE
Bayshore Associates, hereinafter referred to as the “Developer,” the sole owner of the property described herein, makes this Declaration pursuant to the provisions of the Horizontal Property Regimes Act, Chapter 64.32 of the Revised Code of Washington.