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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.

 

 

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