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. FILE COpy
Master Declaration of
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Covenants, Conditions, Restrictions, Assessments,
Charges, Liens, Reservations and Easements for
Ludlow Bay Village
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MASTER DECLARATION' OF
COVENANTS I CONDITIONS I RESTRICTIONS I ASSESSHEN'I'S,
enRGES, LIENS, RESERVATiONS um EASEMENTS FOIl
Lt.1DLOW BAY VILLAGE
* let.corded to inser~ Exhibit A,
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TABLE 9F- CONTENTS
MASTER DECLARATION OF
COVENANTS t CONDITIONS, RES'rlUCl'IONS, ASSESSMENTS,
CHARGES, LIENS, RESERVATI:ONS ANO EASEMENTS FOR
LUDLOW BAY V'ILLAGE
SECTION
1.1
1.2
i.3
1.4
1.5
1.6
3..7
1.8
1.9
3..10
1..11.
1.12
1.13
1.14-
1.1.5
1.16
1.1.7
1.18
1.1.9
1.20
1.21
1.22
1..23
1.24
1..25
1.26
1..27
1..28
1.29
1~30
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. ARTICLE I
DEFINITIONS
Annual Assessment
Architectural Review Committee
Articles
Assessable Property
'Assessment Lien
.Associations
Board
Bylaws
COWIlOn Areas
Covenants
Declarant.
Developer
Dwelling Unit
Exempt Property
Governing Documents
Inn
Lot
Ludlow Bay Village Rules
Ludlow Bay Village Design Stand.rds
Master Association
Master Declaration
Member
Meml:lership
occupant
owner
Resident
sinqle-Falllily
Special Assessment
Town Home Association
Visible From Neighborinq Property
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2
2
2
2
2
2
2
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3
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3
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4-
4-
4
4.
4:
4
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4
5
5
S
5
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4.22
4.23
4.24
4.25
"
Section
5.1
5.2
5.3
5.4
5.5
5.6
5.7
Section
6.!
6.2
Section
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.1.0
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Additional Wells
Pesticides, Herbicides and Fun9icides
Declarant's Exemption
Disputes
1"4
14
14
14
ARTICLE 5
ORGANIZATION OF THE ASSOCIATIONS
Formation of the Master Association
Formation of the Town Home Association
Ludlow Bay Village Rules
Non-Liability of Officials and
Indemnification.
Manaqinq Aqent
Records and Accounting'
Inspection of Books and Records
lS
17
19
20
20
21
21
ARTICLE 6
MEMBERSHIP AND VOTING
Master Association
TOwn. Home Association
21
22
ARTICLE 7
COVENAt.'fT FOR ASSESSMENTS AND CREATION OF LIEN
creation of Lien and Personal Obligation of
Assessments 22
Annual Assessments 23
Determination of Annual Assessment 23
Rate of Assessment 24
superiority of Assessment Lien 24
Maximum Annual Assessment 24
Special Assessments tor Capital Improvements
and Extraordinary Expenses 25
Billinq and Collection Procedures 2S
Collection ~osts and Interest on Delinquent
Assessments 26
Evidence of Payment of Annual and Special
Assessments 26
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ARTICLE 11
ARCHITECTURAL CONTROL
sect.ion
11.1
11.2
Lots Subject to Ludlow Maintenance
Commission Architectural Review 32
Establishment ot Master Association
Architectural Review Commit.tee 33
Review by Committee 33
Appeal 34
Fee 34
Ludlow Bay Village Design Standards 34
Violation of Approved Plans of the Committee 34
Non-Liability for Approval of Plans or
Directions Regarding Maintenance and Repair 35
11.3
11.4
11.5
11.6
11.1
11.8
ARTICLE 12
RIGHTS AND POw'"ERS OF THE ASSOCIATIONS
Section
12.1
12.2
Riqhts and Powers
Contracts with Others for Performance of
the Associations' Duties
35
35
ARTICLE 13
INSURANCE
section
13.1
13.2
Insurance on Common Areas
Insurance on Other Properties
36
37
ARTICLE 14
EASEMENTS
Section
14.1 Maintenance Ease~ent 38
14.2 Future utility E~sements 38
14.3 Access and Use Easements Within the
Town Home Lots 38
14.4 Riqhtsof Declarant Incident to Construction 39
14 .5 Easements Deemed Created ' '.. . 39
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Rule Against Perpetuities
Reteranees to the Ka.~er Declaration in
Deeds
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KAS~ER DECLARATION OP
COVENA...'l'TS, CONOITIONS, US1:1UCTIONS, ASSESSMENTS,
CRARGES I LIENS, tu:SERVATIONS ]UfO EASEKEN'1'S FOR
LUDLOW BAY VILLAGE
'1'RIS ~S'1'ER DECLARATION of Covenants, conditions,
Rest.rictions, Assessments, Charges, Liens, Reservations and
Easements (hereafter referred to as "t.he Master Declarationll) is
made this J5,;;... day of ,s'ok\:-i., 1994, by PO'!?E RESOORCES, A Delaware
Limited Partnership (hereinafter referred to as "DeClarant").
WITNESSETH:
WHEREAS, Declarant is the Developer and Owner of certain
real property located in Jefferson County, Washington, consistinq
of 17.87 acres, leqally described in Exhibit A, attached hereto
and incorporated herein by this reterence, which is located in
the unincorporated community of Port Ludlow (hereafter referred
to as I'Ludlo...., Bay villaqelt). Declarant intends to incorporate a
mix of uses within Ludlow Bay Village, including a restaurant,
marina, 36 room 'nlnn at LUdlow Bay I tI 53 residential town homes
and S single family residences; and
WRERE~S, Declarant intends to dedicate portions of Ludlow
Bay Village for limited public use and access: and
WKEREAS, Declarant desires to form two non-profit
corporat.ions, . namely a (1) Maste.r Association, the IILudlow Bay
Village Association" (hereaft.er referred to as "Master
Association"), which is intended to provide for the management
and maintenance of the overall Ludlow Bay Village, including all
Common Areas; and (2) Town Home Association, the "Town Homes At
LUdlow Bay Associa.tionlt (hereafter referred to as "To\otn Home
Association"), which is intended to provide for the manageMent
and maintenance of the 53 residential town homes within Ludlow
Bay Village (the Master Association and Town Home Association 1Ua~ '
be collect.ively referred to herein sometimes as "the
Associations"); and
WHEREAS, Declarant wishes to subject Ludlow Bay village to
the covenants, conditions, restrictions, assessments, charges,
liens, reservations and easements set forth in this Master
Declaration (hereafter referred to as "Covenants"); and
WHEREAS, in order to cause the Covenants to run with the
property comprising Ludlow Bay Village, and to be binding thereon
and upon the Owners, Residents and Occupants thereot from and
'.
MASTER DECLARATION - 1
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after the elat.e ot recordation of this Master Oeclaratiol1.1
Oeclarant hereby mak.es all conveyances within Ludlow Bay Villac;e,
whether or not so provided therein, subject to the Covenant.s
he~ein set forth~ and by accepting deeds, easements or other
qrants or conveyances to any property within Ludlow Say Village,
the Owners, Residents and other transferees for themselves and
their heirs, executors and a~inistrators, trustees, personal
representatives, successors and assiqns, agree that they shall be
personally and collectively bound by all of the Covenants
(including but not limited to the obligation to pay assessments)
hereinafter set forth.
NOW, THEREFORE, OECLARANT hereby declares as fo~lows:
AJlTICLS 1
PEJ'nrtTIONS
The words, phrases or terms used in this Master Oeclarati;.:r.
shall have the following meanings:
Section 1.1 "Annual Assessment" shall mean the charge
levied and assessed each year against each Lot pursuant to
Article 7 of this Master Oeclaration.
Section 1.2 "Architectural Review committeell shall mean .the
committee of the Master Association to be created pursuant to
Article 11 of this Master Declaration,
section 1.3 "Articles" shall mean the Articles of
Incorporation-of the Associations as the same may from time-to-
time be amended or supplemented.
Section 1.4 "Assessable propertyll shall mean all property
within Ludlow Bay Village, including, but not limited to
residential town home and single family lots; marina, restau~ant
and :Inn, except any portion of Ludlow Bay Village designated
herein as Exempt Property. .
section 1.5 "Assessm.ent Lienu shall mean the lien create<i1
and imposed by Article 7.
section 1.6 "Associations" shall mean the Ludlow Bay
Village Association and the Town Homes At Ludlow Bay Association,
both of which are Washington non-prOfit corporations, organized
by Declarant to exe~cise all rights, powers and duties set forth
in this Master DeClaration and other Governing Documents.
section 1.7 tlBoardll shall me-an the Board of Directors of
the Associations.
MASTER DECLARATION - 2
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sect:ion 1.8 "Bylaws" shall mean the Bylaws Qf the.
Associations as the salUe Illay from tinua-to-time be amended or
supplemented.
section. 1.9 I.CoDllllon Areas" shall mean Tracts At B, C, 0 and
E as shown on the face ot the map of Ludlow Bay Village, which
shall remain open space in accordance with the terms and
conditions set forth herein, for the life of the project.
Thereafter, use of the C01lU\lon Areas shall be at the discretion of
the Master Association Board.
section 1. .10 "Covenants'I shall mean the covenants,
conditions, restrictions, assessments, charges, liens,
reservations and easements set forth in this Master Declaration.
section 1.11 "Declarant" shall mean Pope Resources, A
Delaware Limited PartnerShip, orqanized under the laws of the
state or Delaware.
Section 1.12 "Developer" shall mean and refer to Pope
Resources, A Oela~are Li~ited Partnership.
Section 1.13 "Dwelling unit.. shall mean any bUilding or
portion of a building, including a town home o~ single-family
residence, situated upon a Lot designed and inter.ded for use and
occupancy as a residence.
Sect.ioll 1.14 "Exempt. Propert.ytt shall m.ean the followinq
portions of LUdlow Bay Villaqe:
(a) All land and improvements owned by or dedicated
to and accepted by the United States, the State of
Washington, Jefferson CountYt or any political
subdivision thereof, for as long as any such
governmental entity is the owner thereof or for so
long as said dedication reroains effective; and
(b) All Common Areas.
8ec1:ion 1.1.5 "Goverui1'lq Documentsll shall mean this Master
Declaration, the Articles and Bylaws of the Associations, any
applicable Ludlow Bay Village Rules, Ludlow Bay Village Design
Standards I and any subsequent amendments to said docwnents.
Section 1.16 "::tnnlf shall mean the new Inn at Ludlow Bay I
which is being constructed on the property subj ect to this Master
Declaration. '
S8c1:10n 1.17 If Lot" shall mean any area of real property
within Ludlow Bay Village desiqnated as a residential town home
or single faIl1ily residential t..ot by any appropriate means of
MASTER DECLARATION - 3
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governmental approval recorded or approved by Declarant, toqetheX'
vi t.h all appurtenances, improvements, and residences- now or
hereatter built or placed on the Lot.
Section 1.18 "LucUov Bay Vi.llage RUles.' shall mean the
rules for LudloW' Bay Village esta.blished or adopted by the
Oeclarant or Master Association Board pursuant to Article 5.
Seetion 1.19 "Lu41ov Bay Village Design standardsll sha.ll
mean the Ludlc... Bay Villaqe desiqn standards established or
adopted by the Declarant or Master Association Board as set forth
in ArtiCle lL
section 1. 20 "Haster Association" shall mean the Ludlo'.. Bay
Village Association, a Washington non-profit corporation.
Sect.ion 1.21 "Kast.er Declaration" shall lllean this Master
DeClaration of covenants, Conditions, Restrictions, Assessm.ents,
Charges, ServitUdes, Liens, Reservations and Easements, as
amended or supplemented from time-to-time.
Seotion 1.22 "HembeJ:" shall mean any' person holding a
Membership in the Associations pursuant to this Master
Declaration. ~embers of the Master Association sha~l, without
exception 1 mean and reter to the owner(s) of any Lot, the marina,
the restaurant and the Inn. Members of the Town Home Association
shall, without exception, mean and refer to the ovner(s) ot any
Town home Lot. Membership shall be appurtenant to, and may not
be separated from, ownership of land within LUd10v Bay village.
8eot10n'1..23 It Kembers hip If shall mean a MemberShip in the
Associations.
Section 1.24 ltoccupant-II shall mean any person riqhtfully
occupying a Lot or other property within Ludlow Bay Villaqe.
Section 1..25 110vnerll shall mean the record owner of a fee
simple interest in any Lot or other property within Ludlow Bay
Village, but excludinq anyone who holds such title m.erely as
security. Purchasers and their assignees under recorded real
estate contracts shall be deemed Owners as against their
respective sellers or assignors.
sec:tion 1.26 IlResident.11 shall mean:
(a) An Owner actually residing in a residential
town home or single-family residence located on a
town home or sinqle-family residential Lot within
Ludlow Bay Village:
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(b) MeQbers o~ the immediate family of each Owner
actually living in the same household ~ithin Ludlow
Bay Village with such Owner; and
(c) Tenants/Renters actually residing within a
residential town home or single-family residence
located on a town home or single-family residential
Lot in accordance and compliance with the terms and
conditions of this Master Declaration.
Sectio:L 1.27 "sinqle-Family", shall mean a group of one or
more persons each related to the other by bleod, marriage or
legal adoption, or a group of persons not so related, but within
the occupancy limitations estahlished by Jefferson County, who
maintain a co~on household in a Dwelling Unit. For purposes of'
this Master Declaration, "single fam.ily" shall also incluc1e a.
corporation, partnership or other entity that owns a town home or
single family residence within Ludlow Bay Village for use by its
dire.ctors I shareholders, employees , ~ests and inv i tees;
provided, that this definition shall not include any corporation.
partnership or other entity formed for tne purpose ot cooperative
or com."hunal livinq purposes to circumvent the intent of this
Section.
Section 1..28 "special Assessmenttt shall mean any asseSSlluant
levied and a.ssessed pursuant to the Special Assessment provisions
of Article 7.
Section 1.. 29
Homes At Ludlow
corporation.
Section 1.3Q "Visible From Neiqhborinq property" shall
mean, with respect to any qiven object, that such object is or
WQuld be visible to a person six feet tall, standing at qround
level on any part of a Lot or other property within Ludlow Bay
Villa;e.
"ToW !tome Association" shall mean "the 'town
Bay Association, a Washington non-profit
AB.TICLE 2
PROPERTY SUBJECT TO KASTER DEC~TION
Section 2.1. General Declaration creatinq LUdloW Bay
Villaqe. Oeclarant intends to develop LudlOW Bay Village into a
mix of commercial and residential uses. Declarant hereby
declares that all of the real property within Ludlow Bay Village
is and shall be held, conveyed, encumbered, occupied, built upon
or otherwise used, improved or transferred, in whole or in part,
subj ect to this Kaster Declaration, as am.ended from ti111e-to-time.
This Master Declaration is declared to be in furtherance Of a
general plan for the overall improvement of Ludlow Bay Village
MASTER DECLARATION - 5
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and is established for the purpose of enhaneinq and perfectihq
the value, desirability and attractiveness of LudloW' Bay Villaqe.
This Master Declaration, as hereafter may be modified or amended,
shall run with all property within Ludlow Say Villaqe and shall
be binding upon and inure to the be.nefit of Declarant, the
Associations, all Owners, Res idents and Occupants, and their
successors and assigns. However, nothing in this Declaration
shall be construed to prevent Declarant from dedicating or
conveying portions of Ludlow 8ay Villaeje, such as streets,
portions of the Common Areas and/or easements to any governmental
entity.
Section 2.2 Associations Bound. . This Master Declaration
shall be binding upon and shall benefit the Associations upon
issuance of Certificates of Incorporation for the Associations bJ.
the state of Washington.
U'rICLE 3
EASEMENTS AND RIGETS OF ENJOYMENT
IN COMMON AllEAS
Section 3.1 'Ea.sements Of Enjoyment. Every Owner J Resident,
Occupant and Me~er of the Master Association shall have a non-
exclusive right and easement of enjo~ent in and to the Co~on
Areas, which easement shall be appurtenant to and shall pass with
the title to all property within Ludlow Bay Village, subject to
the ~ollowin9 provisions:
3.1.1 The right of the Master Association to suspend
the voting rights and right to use of the Common Areas by any
Member (i) for any period durinq Which any Assessment against
such Owner's property remains delinquent.; (ii) For a period not
to exceed sixty (60) days for any infraction of this Master
Declaration, Ludlow Bay Village Rules or Ludlow Bay VillaqQ
Oesiqn Standards; and (iii) for successive sixty (60) day periods
it any such infraction is not corrected during any prior sixty
(60) day suspension period: .
3.1.2 The right of the Master AssocJ.ation to dedicate,
grant or transfer such permits, licenses and ease1l1ents f,or
utilities, roads, public use and access and/or other purposes
consistent .....ith the intended use of the Common Areas or ~,-::
otherwise provided in this Master DeClaration, and reasonably
necessary or desirable for the proper use, maintenance or
operation of the COMMon Ar~a$;
3.1. 3 ~he right of the Master Association to reg"Ulate,
throuqh Ludlow Bay Village Rules, use of the Common Areas as set
forth herein. The Master Association shall have the right to
implement normal behavior standards and reasonable uaa
MASTER DECLARATION - 6
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restrictions with reqard to the Common Areas, ineludinq, but not
limited to, the riiht to regulate the number of quests, hou~s and
uses of the Common Areas, and restrict or prohibit pets,
vehicles, alcohol consumption and/or loud music. In add.ition,
the Master Association shall have the right to restrict access to
those portions ot the Common Areas, such as drainage e~se~ents
and/or ponds and/or steep slopes, that are not intended for
ieneral use; provided, however, that it is expressly understood
that the Maste~ Association shall not restrict use of the Comeon
Areas by guests of the Inn or the Port LudloW' Marina beyond those
restrictions a?plicable to all Owners;
3.1.4 The right of Decla~ant, reserved hereby, to non-
exclusive use of all Common Areas tor display, sales,
promotional, and other purposes deemed useful by Declarant and
its aqents and representatives in advertising or promoting Ludlow
Bay Village. This. right shall permit Declarant to allow
unlimited use ot the Common Areas by quests and prospective
purchasers.
ARTICLE "
~~ USE CLASSIFICATIONS, PER.~ITTED ~SES AND RESTRICTIONS
The follo~inq covenants, conditions and restrictions are
hereby imposed upon all properties within LUdlow Bay Villaqe:
Section ..1 Arcbitec'tural Control.. No improvements,
alterations, repairs, excavation, grading, removal of trees with
base trunk diameter exceeding six inches (6"), landscaping or
other work which in any way alters t.he exterior appearance of any
property within Ludlow Bay Village, or the improvements located
thereon, from its natural or Declarant improved condition
(existing as of completion of Declarant's construction thereon or
improvements thereto) shall be made or performed without complete
compliance with Ludlow Bay Villaie Design Standards and prior
written approval of the Architectural Review Committee. All
subsequent additions to, changes or alterations in any building,
structure, including exterior color scheme, or landscaping and
all chanqes in the qrade of any property wi thin LudloW' Bay
Village, shall be subject to complete compliance with Lud.low Bay
Village Design Standards and prior written approval of the
Architectural Review Committee. No chanqes or deviations in or
from the plans and specifications once approved by the
ArChitectural Review committee shall be made without prior
written approval of the Architectural Review committee. All
original construction as well as any modifications or additions
theret.o as shall be constructed by Declarant shall be exelUpt from
the provisions of this Section.
MASTER DECLARATION - 7
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sectioD 4.2 Animals. No animal, bird, fowl, poultry or
livestock, other than one (l) qenerally recognized house or yard
pet ("Petn), shall be maintained on any Lot and then only if it
is kept thereon solely as a domestic pet and not for commercial
purposes. No Pet shall be allowed to make an unreasonable amount
of noise or to become a nuisance. No structure for the care,
housing or confinement of any Pet shall be maintained outside of
any OWellinq Unit, nor shall any pet be permitted to be housed or
kept outdoors. Each Owner shall be responsible for the removal
and disposal of all solid animal waste of his Pet from any
property within LudloW' Bay Village. No Pet shall be permitted on
any property ~ithin Ludlow Bay Village, other than the Owner's
Lot, unless controlled on a leash or similar device. Upon the
"written request of any Member, the Master Association Board shall
conclusively determine, in its sole and absolute discretion,
whether for the purposes of this Section a particular animal,
bird, fowl, poultry or livestock is a nuisance or a generally
recognized house or yard pet and whether there has been a
violation of this Section. Any decision rendered by the Master
Association Board shall be final and binding and enforceable by
Court injunction and/or any other remedy provided by Washington
law.
Section .~3 Temporary Occupancy And Temporary Buildings.
No travel or other trailer, camper or canopy, recreational
vehicle, boat, basement of any incomplete building, shed, tent,
shack or garage, and no temporary buildings or structures of any
kind, shall be used' at any time for a residence, either temporary
or permanent.
section 4.4 Storage Sheds And Outside storage. No storage
buildings or sheds, whether prefabricated, metal or any other
construction whatsoever, whether permanent or temporary, shall be
moved, placed, assembled, constructed or otherJise maintained on
any Lot. Furniture, fixtures, appliances, or other goods not in
active use shall not be stored on any property within Ludlow Bay
Village in such manner that such items are 'Visible From
Neighboring Property.
Section 4.5 Nuisances; Construction Activities: Razardous
Activities; Lighting. No rubbish or other debris of any kihd
shall be placed or permitted to accumulate upon or adjacent to
any property within Ludlow Bay Village, and no odors or loud
noises shall be permitted to arise or emit from any property
within Ludlow Bay Village so as to render any such property or
any portion thereof, or activity thereon, unsanitary, unsightly,
offensive or detrimental to any other property within Ludlow Bay
Village or to the occupants of such property. No other nuisance,
unsafe or hazardous activity shall be permitted to exist or
operate upon any property within Ludlow Bay Villaqe so as to be
,offensive or detrimental to any other property within LudloW Bay
I
.
MASTER DECLARATION - a
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Village or Occupants thereof. Normal construction activities and.
parking' in connection with the buildinq of improvements shall not
be considered a nuisance or otherwise prohibited by this Master
Declaration. The Master Association Board in its sole discretion
shall have the right to determine the existence of any nuisance,
which decision shall be binding and enforceable. Without
limiting the generality of the foregoing, no firearms shall be
d~$charged within Ludlo~ Bay Village, and no explosives of any
k~nd shall be discharc;ed or stored upon any property within
Ludlow Bay Village or petulitted. within LudIc.... Bay Village;
provided, however 1 that the Master AS5ocia:t;.ion Board may consider
permission on a casa-by-case basis, at ,its sole discretion, with
regard to promotional activities, such as fireworks displays and
similar extraordinary events. Further, the Declarant, and its
employees, agents, representatives or. contractors, shall be
entitled to store and discharge explosives, if necessary, with
regard to development. of Ludlow Bay village. No open fires shall
be lighted or permitted on the Lots, except. in a contained
outdoor tireplace or barbecue unit while attended. Artificial
outdoor lighting on Lots shall be arranged so that the light is
shaded and otherwise directed away from adjoining properties and
so that no more than one foot candle of illumination leaves the
Lot boundaries,.
Section 4.6 Repair Of structures~ No structure on any
property within Ludlow Bay Village shall be pe~itted t~ tall
into disrepair and each such structure shall at all times be kept
in good condition and repair and adequately painted or otherwise
finished. In the event any structure is damaged or destroyed,
then, subject to the approvals required herein, such structure
shall be immediately repaired and rebuilt, unless otherwise
provided in this Master Declaration.
Section 4.7 Antennas, Satellite Dishes And Cable
Television. No antenna, satellite dish or other similar device
for the transmission or reception of television or radio
(including ham radio) signals or any other similar device shall
be erected, used or ~aintained outdoors on any property within
Ludlow Bay Village; provided, that the Master Association Board
shall have the right to designate a specific location within th.
COmJ1\on Areas for the placement of any such device if (1) the
device is intended to service Ludlow Bay Village in general, such
as a community satellite dish; and (2) the device is adequately
screened in the opin~on of the Master Association Board. It is
expressly declared that Declarant or the Master Association will
likely establish either satellite service or cable television
service during the initial development of Ludlow Bay Village. If
so, then each Lot shall be required to connect to said system and
pay periodic fees I if applicable, for said service.
Notwithstanding anything to the Gontrary herein, in the event
that advanced or future technology is available such tha.t
MASTER DECLARATION - 9
'lQi. 507 I'A;,'200
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antennas, satellite dishes or other similar devices can be
adequately screened and made aesthetically pleasing, then the
Master Association Board, at its sole discretion, ltlay modify this
covenant resarding such devices.
Seceion (.8 Trash CODt~iners And CollectioD. No trash .or
other debris shall be placed .or kept on any pr.operty wi thin
Ludt.ow Bay Villase, except in covered sanitary c.ontainers .of a
type and size "'hich are a.pproved by the Architectural Review
Committee. With regard to Lo.ts, Declarant .or the Master
Associatian may establish a trash collection procedure that will
apply to all, '.0::: a portian .of, the Lots. This pracedure must be
foll.owed, unless alternative arrangements a.re established by the
Master Associatian. With regard to .other property within Ludlow
Bay Village, all trash collecti.on centainers shall be praperly
screened, such that they are not Visible From Neighl::lorinq
Pr.operty, eXl=ept during brief periods .of cellection. No outdocr
incinerators shall be kept or maintained on any Lot.
section " .9 Cl.othes Drying Facilities And Playground
Equipment. No outside clctheslines or ather outside facilities
for drying or airing clothes; and ne playground equipment
including, but ~ot limited to, swing sets, slides and sandboxes,
shall be maintained an any Lot.
Section 4.10 Machinery And Equipm.ent. No machinery or
heavy' equipment .of any kind shall be. placed, operated .or
maintained upon any Lat, except (i) such machinery or e.quipme:tt
as is usual and customary in connection with the use, maintenancflt
or construction (during 'the. period of canstruction) .of a Dwelling
Unit, building, appurtenant structures, improvements or grounds
maintenance: or (ii) that which Declarant or the Master
Associatian may require for the .operaticn and maintenance .of any
portion o,;f Ludlow Bay Village.
Section 4.11 Signs. No signs whatsoever which are Visible.
Frem Neighboring Property shall be erected or maintained an any
Let except:
(i) Signs required by legal proceedings, .or politica~
election signs (must be removed immediately after the election),
and then the sign shall not ex.ceed 18" x 24" and shall only be
permitted if affixed to the dwelling, unless otherwise mandate~
by Court or Washington law:
(ii) One "For Sale" or "For Rentll sign not exceeding
1.8" x 2411 in area, provided that any such sign shall be affixed
to the dwelling (no yard or post signs shall be permitted) :
(iil) One identification sign for individual
residences not e)(ceeding 6" x 1211 in a location designated by the
\
MASTER DECLARATION - 10
WI. 507 fCc201
YOt
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#.,,"3 7S
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Declarant or approved by the Architectural Review Committee;
and
(iv) Signs of Declarant or signs authorized by
Oeclarant for placement on any propEt,rty within Ludlow Bay
Village. ~ll such signs shall be removed by the Owner promptly
upon cOQpletion of their intended use. '
Section -<< .12 Restriction On Furtber Lot Subdivision,
Propert.y Restrictions And Rezoning. No Lot within Ludlow Bay
Village shall be further subdivided. No portion less than all of
any such Lot, nor any easewent or other interest therein, shall
be conveyed or transferred by an Owner; provided, however, that
undivided joint o~ership is permitted. Notwith.standing- the
above, this provision shall not, in any way, limit Declarant trom
subdividing or separating into Lots any property within LUdlow
Bay Village at any time owned by Oeclarant or from subdividing
the same. No further covenants, conditions, restrictions or
ease1l1ents shall be recorded. by any Owner or other person aqainst
any Lot without the provisions thereof having been first approved
in writing by the Master Association Board, and any covenants,
conditions, rest=ictions or easements recorded without such
approval being evidenced thereon shall be null and void. No
application tor variances, or special or conditional use permits
$hall be filed with any governmental authority unless the
proposed use of the Lot ha.s been approved by the Master
Association Board and the proposed use otherwise complies with
this Master DeClaration, as may be amended from time-to-time.
Section.~.13 Restrictions on Residential Rental.
-<< . 13.1 Except as ot.herwise provided in subsection
14_13.2, the entire Dwelling Unit may be let to a single family
tenant from time-to-time by the Owner; provided, such tenancy
sha~l not be less than six (6) consecutive months to the same
tenant. No subletting shall be allowed. All leasEt,s and rental
agreEt,ments shall be in writing and specifically-shall state (1)
that they are subject to each and every requirement, covenant,
condition and restriction of this Master Declaration and other
Governing Documents, (2) that any failure by the tenant to comply
with the terms of the Governing DocWtlents shall be a default
under the lease or rental agreement, and (3) that the owner
grants to the Master AssQciation Board and its Managing Agent, if
any, the authority to evict the tenant on the Owner's behalf for
such default, upon only such notice as is required by law. If
any lease or rental agreement does not contain the foregoing
provisions, such provisions Shall nevertheless be deemed to be a
part of the lease and binding upon th.e Owner and the tenant by
reason of inclusion in this Master Declaration. Neither the
Master Association Board, nor its Managing Agent, if applicable,
shall be liable to the Owner or the tenant for any eviction under
"
I,
MASTER DECLARATION - 11 "
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this subsection that is made in qood faith. Copies of all lea.ses
and rental agreements shall be delivered to the Master
Association office p:ior to co~encement of any tenancy.
.. .13.2 In addition to the lonser term rental permitted
by subsection 4.13.1, short term rental, defined as daily, week.ly
or monthly, shall be permitted on town home Lots TH 1 thro~qh TH
13; provided that all arrangements for short term rental shall be
made only through the Inn and subject to all tams and conditions
imposed by the Inn for such rental.
Section 4.14 ntiliti.. And utili~y Easaments.
(a) All properties within LUdlow Bay Village shall be
connected to sanitary sewer and water' utilities provic:ed by
Declarant, or its successors and assigns. Owners within Ludlow
Bay Village will be subject to reasonable monthly or periodic
service charges as determined by the provider, utility company
and/or State of washington. Owners may also be required to pay
a connection charge at the then standard rate established by said.
co~panies at the time of connection in the event said utilities
were not installed by Declarant during the initial construction.
Certain utilities, s~ch as street lights, may be. provided to the
Master Association and paid with assessments collected pursuant
to this Master Declaration.
(0) A blanket easement is hereby reserved, granted,
conveyed and created upon, across, over and under the Common
Areas, and all other property within Ludlow Bay Village, for
ingress, eqress, installation, repair and maintenance of all
Declarant authorized utilities as installed in connection with
the initial c:evelopwent of said properties including, but not
limited to, water, sewer, gas, telephone, fiber optic cable,
electricity and cable television systems. As a condition of the
easement, all utility companies shall be required to promptly
remove all debris and restore the surface of any affected
property within Ludlow Bay Village as nearly as possible to the
condition it was in at the time of commencement of'$uch work.
(c) After the date of recording this Master
Oeclaration, and except for ~aintenance and repair of existing
utilities, no lines, wires, conduits, cables, pipes or other
devices for the communication or transmission of utilities
including, but not limited to, electric, gas, water, telephone,
fiber optic cable or cable television, shall be erected, placed
or maintained anywhere in (?r upon any property within Ludlow Bay
Village, unless the same shall be contained underground, or
stWsequently approved by the Architectural Review Committee.
However, temporary above-ground utilities incident to
construction of improvements. within Ludlow Bay Village are
permitted with Architectural Review Committee approval i provided,
MASTER DECLARATION - 12
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that removal of such temporary above-ground utilities must occur
immediately upon com~letion of construction.
sec~ion 4.15 ~alls, Pences And Hedqes. Unless constructed
by Declarant dur:ng initial development of Ludlow Bay Village, no
wall, fence Or hedge shall be constructed, placed or maintained
on any town home or single-family Lot within Ludlow Bay Village.
All walls, fences and hedges on commercial properties shall be
subject to prior A:chitectural Review Couietee approval and
shall be in stric~ compliance with the Ludlow Bay Village Oesign
Standards.
sect.ion .. .10 Trucks, Tra.ilers,' RecreatioXlal Vehicles,
Campers Or Boats. No motor vehicle classed by ntanufacturer
ratinq as exceeding 3/4 ton, recreational vehiclel mobile home,
travel trailer, ca~per (detached or otherwise), tent trailer,
utility trailer, camper shell, boat, boat trailer, or other
similar equipment or vehicles may be parked, maintained,
constructed, reconstructed or repaired on any Lot within Ludlow
Bay village. Not.",ithstanding the foreqoinq, any of the above-
described vehicles may be stored inside a garage, providing said
vehicles are not Visible From Neighboring Property. This
restriction shall not apply to cleaning, loading or unloading and
short term parking which shall be permitted for a cumulative
period not to exceed twenty-four (24) hours in any calendar
month.
section 4.17 Kotor vehicles. No automobile, motorcycle,
motorbike or other motor vehicle shall be constructed,.
reconstructed., repaired or rebuilt upon any property within
Ludlow Bay Village, and no inoperable or unlicensed motor vehicle
(which otherwise would require a license) may be stored or parked
so as to be Visible From Neighboring Property; provided., however,
that this restriction shall not apply to (i) emergency vehicle
repairs which require less than eight (8) hours to complete: and
{ii} vehicles parked in garages, which are not Visible FrolU
Neighboring Property.
Section 4.18 Parking. It is the intent of the Declarant to
restrict on-street parking as much as possible. Vehicles of all
Lot Owners, Residents and Occupants, and their quests and
invitees, are to be kept in the garages, residential driveways
and other designated parking areas. No parking is allowed on any
streets within Lud.low Bay Village, unless otherwise designated by
the Master Association'Board.
Section ..19 Riqbt Of Entry. Ourinq reasonable hours and
upon reasonable notice to the owner, Resident or Occupant of any
property within Ludlow Bay Villaqe, any member ot the
ArChitectural Review Committee (upon authorization of the Master
Association Board), and any member of the Master Association
MASTER DECLARATION - 13
'fa&. 507 ~A:t204
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Board, Declarant, or any authorized representative of any of
them, shall have the riqht to enter upon and inspect any property
within Ludlow Say Village, and the improvements thereon, except
for the interior portions of any Dwelling Unit, for the purpose
of ascertaining c013pliance with this Master Declaration and. other
Governing Documents.
Section ~.20 Unnatural Drainaqe. Under no circumstances
shall any person be permitted to deliberately alter the
topographic conditions on any Lot in any way that would adversely
affect the approved. and constructed storm water drainage or sewer
system.
Section .( _ 21. No Prefabricated, Modular Or Manufa.ctured
Housing'_ No prefabricated, l1\odular or manufactured housing,
includinq mobile homes, shall be moved, placed, assembled or
maintained on any Lot as a Dwelling Unit or otherwise.
Section .( .22 Additionallil'ells. To preserve and enhance the
water supply in the Port Ludlow area, no water wells shall be
placed on any property within Ludlow Bay villaqe.
section 4.23 Pesticides, Herbicides And Funqicides.
Within Ludlow Bay Village, pesticides-and herbicides shall only
be applied by applicators licensed by the Washinqton State
Department of Agriculture consistent with the requirements of thfi:l
WaShington Pesticide Application Act, RCW 17.21, and the
Washington Pesticide Control Act, RCW 15~5S, as either Act may
from time-to-time, be amended or modified. Pesticides;
herbicides and fungicides with the shortest hydrolysis half-life
shall be used when reasonably available. ]it. two week half-lite is
desirable. Moreove~, pesticides appearing on the United States
Environmental Land Aqency' s "Priority List of Leaching
Pesticides" shall not be used. Whenever feasible, pesticides,
herbicides and fertilizers should be applied during the dry
summer season, rather than the winter runoff periods.
Section '(.2~ Oeclarantts Exemption. Nothing contained in
this Master Declaration shall be construed to prevent the
erection or maintenance by Declarant, or its duly authorize~
agents, of any buildings, utilities, structures, improvements or
signs necessary or convenient to the development of sale of
property within Ludlow Bay Villaqe.
Section ~_2S. Disputes. The Master Association shall have
jurisdiction over activiti.s permitted within the Common Areas.
'I'he Master Association, through th.e Master Associat.ion Board,
unless specifically provided otherwise, shall have the right and
duty to enforce this Master Declaration, and shall have the right
to manage, maintain and qovern the Common Areas as provided
herein. All disputes, complaints or other matters relating to
MASTER DECLARATION - 14
va, 507 f~c205
~t 506 ;A~,81&-
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the Ma.ster Declaration or other Governinq Documents shall be
submitted to the Kaster Association Board for determination,
unless otherJise provided herein to be within the authority of .
the Architec~ural Review Committee. The decision of the Master
Association Board or ArChitectural Review cot:UUittee, as
applieaDle, unless otherJlse provided, shall be final.
:ARTICLE 5
ORGANIZATION OP THE ASSOCIATIONS
Section 5.1 Formation Of The Kaster Association. The
Kaster Association shall be charged with the duties and vested
with the powers set forth in the Governinq Documents. Neither
the Articles nor Bylaws of the Master Association shall, for any
reason, be amended or otherwise chan9'ed or interpreted so as to
be inconsistent with this Master Declaration. The followinq
shall apply to the Master Association:
5.1. 1 In order to assure that Ludlow Bay Village
will be adequately administered during the initial development
period, the affairs of the Master Association shall be manaqed
and conducted by Declarant for a period of five (5) years from
the date this Master Declaration is recorded, or until Oeclarant
voluntarily relinquishes such riqht, whichever shall occur first.
Ourin9' this period of time, Declarant shall have the exclusive
riqht to appoint all me!llbers of the Board of Directors, which may
consist of between three (3) and nine (9) members, and 'Who may be
persons who are either employees or representatives of Declarant
or who own, Qr are purchasers of, properties within Ludlow Bay
Village. The Master Association Board appointed by Declarant
shall have the full authority and all rights, responsibilities,
privileges and duties to manaqe the Master Association in
accordance ...dth this Master Declaration and other Governing
Documents.
5.1.2 At the expiration of control -by Declarant
as set forth in subsection 5.1.1, all administrative power and
authority shall vest in the Master Association Board, to' be
composed of nine (9) members, which shall be desiqnated a,
follows:
(A) owner(s) of the marina property shall be
entitled to designate one (1) member to the Master Association
Board;
(8) owner(s} of the restaurant property shall be
entitled to designate one (1) member to the Master Association
Board;
I
"
MASTER OECLA-~TION - 15
vc.. 507 ,~206
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(C) Owner(s) of the Inn shall be entitled to
designate three (3) members to the Master Association Board:
(0) The Town Home Association shall be entitled
to designate three (3) members to the Master Association Board;
and
(E) Owners of single-family Lots, by majority
vote among sinqle-fa~ily Lot Ovners, Shall have the ri<;ht to
designate one (1) member to the Master Association Board.
Each member of the Master Association Board shall be entitled to
one (1) vote on all matters to come before the Master Association
Board. A lUajority vote shall be required for all matters to come
before the Master Association Board,' except as othe~wise
specifically provided herein.
5.1.3 The Kaster Association, through the Master
Association Board, shall be entitled to provide all goods and
services deemed necessary or desirable for the proper functioning
of Ludlow Bay Village, including,. but not 1 imi ted to, the
:rollowinq:
(A) Providing for all utilities and other
services withi:1 the Common Areas as d&emed necessary or desirable
by the Mast&r Association Board;
. (8) Maintaining and landscaping the Common Areas
of the Master Association, inclUding roads and streets, parking
areas, if any, and storm. water and drainage control systems,
inClUding, but not limited to, catch basins, piping, conveyance
facilities, retainage and detainage ponds and oil aepa:r;:ators
within Ludlow Bay Village Common Areas:
(C) Operating, Ellaintaining (including insuring at
the discretion of the Master Association Board) and rebuilding,
if necessary, signs, monuments, walls, fences, and other
improvements originally constructed by Declarant or the Master
Association within Ludlow Bay Village Common Areas and/or
easements granted to the Master Association, if any;
(0) Paying real estate and personal property
taxes, assessments and other charges on Common Areas and
improvements thereon, to the extent not otherwise taxed to
individual owners;
(E) Insuring all improvements which the Master
Association is obligated to maintain against damage by casualty
to the full extent deemed appropriate by the Master Aasociation
Board;
MASTER OEC~TION - 16
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I (F) Hiring, firing', supervising and paying-
employees and independent contractors to carry out the
obligations ot the Master Association as set forth herein;
Ca.) Maintaining liability insurance and bonds to
protect the Master Association and the Master Association Board
from liability caused by occurrences or happening's on or about
the Co~~on Areas;
(H) Maintaining 'Work::nen' s compensation insurance
for all employees of the Master Association:
(I) Purchasing
services reasonably necessary
obligations set forth herein;
" (J) Establishing and maintaining such cash
reserves, if any, as the Master Association Board may, in its
sole discretion, deem reasonably necessary for the maintenance
and repair of the Common Areas;
goods, su~plies, labor
for the performance of
and
the
(K) Obtaining legal and accounting services
deemed desirable for the proper operation of the affairs of the
Master Association, and to meet the record keeping and financial
disclosure requirements set forth in the Master Declaration;
(L) .Entering into such agreements and taking such
actions as are reasonably necessary and conveni-ent for the
accomplishzlent of the obligations set forth in this Master
Declaration and the Governing Documents including', but not
limited to, the maintenance of all Com.mon Areas and other"
amenities ~ithin Ludlow Bay Village; and
(M) Such other matters and powers as are provided
under the Governing Documents and Washington law for a non-profit
corporation.
Section 5.2 Formation of the Town Rome, Association. The
Town Home Association shall be charged with the dut.ies and vested
with the powers set forth in the Governing Documents. Neither
the Articles nor Bylaws of the Town Home Association shall, for
any reason, be amended or othe~Hise changed or interpreted so as
to be inconsistent with this Master Declaration. The following
shall apply to the Town Home Association:
5.2.1 In 'order to assure that manaqe~ent'
maintenance and repair of the town home!? will be adequately
administered during the initial development period, the affairs
of the Town Home Association shall be managed and conducted by
Declarant for a period of five (5) years from the date tt:is
Master Declaration is recorded, or until Declarant voluntar~ly
MASTER DECLARATION - 17
vat 507 '''~c208
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relinquishes such. riqht, which.ever shall occur first. During th'is
period of time, Oeclarant shall have the exclusive riqht to
appoint all members of the Board of Directors, which may consist
ot between three (3) and nine (9) me=bers, and who may be persons
who are either e~ployees or representatives of Declarant or who
own, or are purchasers of, dwelling units. The Master
Association Board appointed by Declarant shall have the full
authority and all rights, responsibilities, privileqes and duties
to manage the 'rown Home Association in accordance with this
Master Declaration and other Governing Documents.
5.2.2 At the expiration of the control by
Declarant as set forth in subsection 5.2.1, all administrative
power and aut~ority shall vest in the Town RO'C1e Association
Board, and such officers as the Town Home Association Soard may
elect or appoint in accordance with the Town Home Association's
Articles of Incorporation and Bylaws as the same may be amended
from time-to-time. The 'I'OW'11 Home Association Board shall be
composed of at least three (3) and no more than nine (9) members.
Each member of the Town Home Association Board 'shall be entitled
to one (1) vote on all matters to come before the Town Kome
Association Boa=d. A majority vote shall be required for all
matters to come before the Town Home Association Board, except as
otherwise spe~~fically provided herein or as required by
Washington law. .
5.2.. 3 The Town Home Association, through the Town
Home Association Board, shall De entitled to provide all goods
and services requisite to the proper maintenance, repair and
upkeep of the Town homes At Ludlow Bay, including the following:
(A) Providing for all utilities or services, if
any, serving only the town home Lots;
(Bl Maintaining the exterior appearance of all
town homes within the Town homes At Ludlow Bay, which maintenance
shall be limited to (1) painting; (2) roof repair and
replacement; (3) gutters and downspouts; (4) siding repair and
replacement; and (5) lawn and yard maintenance:
(e) Hiring, firing, supervising and paying
employees and independent contractors to carry out the
obligations of the Town Home Association as set forth hereint
(D) Maintaining liability insurance and bonds to
protect the To~ Home Assoc~ation and the Town Home Association
Board from liability caused by occurrences or happenings on or
about the town homes associated with the duties and obliqations
set forth herein:
MASTER DECLARATION - 18
ven. 507 f~..c 209
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# :3 75'
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(
eE) Maintaining workmen f 5 compensation insuranCe
for all employees of the Town Home Association;
(F) Purchasinq
services reasonably necessary
obligations set forth herein;
(G) Establishing and maintaining such cash
reserves, if any, as the Town Home Association Board may, in its
sole discretion, deem reasonably necessary for the maintenance
and repair of the town homes and town home lots;
goods, supplies, labor
for the performance of
and
the
(M) Obtaining legal, accounting and other
professional sarvices deemed desirable for the proper operation
of the affairs of the Town Home Association, and to meet the
re.cord keeping and financial disclosure requirements set forth in
the Master Oeclaration;
eI) Entering into such agreements and taking such
actions as are reasonably necessary and convenient for the
accomplishm.ent of the obligations set forth in this Master
Declaration and the Governinq Documents including, but not
limited to, th~ maintenance of town homes; and
(J) Such other matters and powers as are provided
under the Governing Documents and Washington law for a non-profit
corporation.
Section 5.3 LUdlow 8ay Village Rules. The Master
Association Board shall be empowered to adopt, amend, or repeal
Lu410w Bay Village Rules as it deems reasonable and appropriate,
which shall be binding upon all persons and entities SUbject to
this Master Declaration, whether Members of the Master
Association or not; provided, however, that Ludlow Bay Village
Rules shall not be inconsistent with the other Governing
Documents. Ludlow Bay Village Rules may also include the
establishment of a system of fines and penalties for enforcement
thereof. Ludlow Bay Village Rules may be established, modified
or amended at any special or regular meeting of t.he Master
Association Board.
Ludlow Bay Village Rules, as may be amended from time-to-
time, are deemed incorporated herein by this reference and shall
have the same force and effect as if they were set forth in and
were part of this Master DeClaration and shall be binding on all
persons or entities having any interest in, or making any use of
properties within Ludlow Bay Village, whether or not Members of
the Master Association and whether or not copies of Ludlow Bay
Village Rules are actually received by such persons or entities.
The Ludlow Bay Village Rules, as adopted, amended, modif~e4 Qr
repealed shall be available for review at the principal off~ce of
MASTER OECLARA~ION - 19
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the Master Association to each person or entity reasonably
entitled thereto. In the event of a conflict between any
provisions of LudloW' Bay Village Rules ana any provisions of this
Master Declaration, the provisions of LudloW' Bay Village aulas
shall be deemed to be superseded by the provisions of this Master
Oeclaration to the extent of any sueh conflict. Any monetary
penalties or fines imposed by Ludlow Bay Villaqe Rules shall be
treated as an assessment which shall become alien aqainst the
Memhe~s' prope~y within LudloW' Bay Villaqe, in the same manner
and subject to the same entorcement provisions as-set forth for
liens in Article 7.
Section 5." Non-Liability of Officia.ls And Indemnificat.ion.
To the fullest extent permitted by Washington laW', Oeclarant, and
eve.ry Director, Officer, C012J1\ittee Kember" (spe.cifically including
members of the Architectural Review Committee), Kanaqer(s), or
other employees of the Associations and of the Declarant, shall
not be personally liable hereunder to any Member, or to any other
person or entity, including the Associations, for any damaqei
loss or prejudice suffered or claiU\ed on account of any act,
omission, e:ror, or negligence and shall be indemnified and
defended by the Associations; provided, however, the provisions
set forth in this Section 5.4 shall not apply to any persons who
has failed to act in good faith or has engaged in willful or
intentional misconduct.
."
Section 5.5 Kanaging Agent. Each Association, through its
Boa.rd, is authorized to employ persons, includinq a Manaqing
Agent, and to contract with independent contractors to perform
all or any part of the duties and responsibilities of the
Association employing the same. Each Association, through its
Board, is also expressly authorized to enter into one or more
management agreements ~ith third parties in order to facilitate
efficient operations and to carry out its obligations. The terms
of any manaqe~ent agreement shall be determined by the Board of
the Association entering into the agreement, in its sole
discretion, a.nd shall be subject to the Governinq Documents.
The Associations are expressly authorized to contract with
Declarant, or an affiliate, representative or company involving
some or all of the same individuals as Declarantt in order to
provide management and/or maintenance services or to perform any
other duties of the Associations. Each Owner, Resident and
Occupant: shall be bound b:i the terms and conditions of all
management agreements entered into by the Board of the
Association entering into. the agreeme~t. A copy of all
management aqreements shall be available to each owne~ upon
request at the l\ssociation otfice, or such other locat.1.on as
designated by that Association'S Board.
\
MASTER DECLARATION - 20
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section 5. f5 aecords An4 Accounting. Each Association shall
keep, or cause to be kept, true and correct books and records of
all financial affairs involvinq the Association including I but
not limited to, accQunting for all assessments and expenses paid
by said Association. Financial statements for each Association
shall be prepared at least annually and available at the
Association office, or such other location as designated by its
Board, to all members.
Sect.ion 5.7 Inspection Of Books And :Records. The
l1embership register, books of account, minutes of meetings of the
Members and of the Board, shall be made-available for inspection
and copying by any member of said Association by the Board at. any
reasonable time, at the Association office or at such other
location designated by the Board. Each Board may establish
reasonable rules concerning the following: (i) Notice to be
given to the custodian of the records by the member of the Board
desiring to make the inspection: and (ii) hours and days of the
week vhen such an inspection may be tnac:le. Unless otherwise
provided by the Board, any member of the Board that would like
copies sh~ll be responsible for payment of any costs associated
with copying, including the cost of having the copies made by a
third party.
AR'rICLE 6
MEMBERSHIP AND VOTING
SeotioXl 6.1 Kaster Association. Every Owner of a town hom.e
or sinqle-tam~ly Lot, and owner(s) of the marina, restaurant and
Inn shall be Members of the Master Association. Me~ership shall
be appurtenant to and may not be separated from ownerShip of the
property to which the Membership is attributable. Each property
shall be entitled to one Membership, which Membership shall be
shared by all Owners of interest in the property. The following
shall apply with regard to the Master Association:
6.1.1 The Membership shall have no voting rights
associated with the Master Association, except with regard to any
matter required to be approved by a vote of the Me~ership by
Washington law. The Board, which is composed of representatives
of each of the various mix of uses within LudloW Bay Village,
shall vote on all matters of interest to the Association.
S .1.. 2 The rights and obligations of Membership in
the Master Association shall not be assigned, transferred,
pledged, conveyed or alienated in any way except upon conveyance
ot the properties within Ludlow Bay Village by deed, intestate
succession, testamentary disposition, foreclosure or other legal
process pursuant to the laws of the State of Washington or the
United State.s.
MASTER DECLARATION - 21
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section 6.2 Town Home Association. Every Owner of a toWn
home Lot shall be a Member of the Town Home Association.
Membership shall be appurtenant to ana may not be separated from
ownership of the town home Lot to which the Mecl:::ership is
attributable. If any town home Lot has been sold on contract,
the contract purchaser shall exercise the rights of the Owners
tor purposes of the Town Home Association. Each to,",n home Lot
shall be entitled to one Membership, which Membership shall be
shared by all O-w-ners of interest in the Lot. The follovinq shall
apply with regard to the Town Home ASSOCiation:
6.2.1 Each Membership ~hall be entitled to one
(1) vote on all matters to come before the Town Home Association
for a vote of the MemberShip. Unless otherwise specified to the
contrary in this Master Declaration or other Governing Documents,
a majority vote is required on any issue to come before the
MemberShip for a vote.
'.2.2 The riqhts and obligations of Membership in
the Town Home Association shall not be assigned, transferred,
pledqed, conveyed or alienated in any way except upon conveyance
o! the to~n home Lots, intestate succession,. testamentary
disposition, foreclosure or other leqal process pursuant to the
laws of the Sta~e of washington or the Onited States.
A:R.TICL2 7
COVENANT FOR ASSESSMENTS AND CREATION OF LIEN
Section 7.1 Creation Of Lien An4 Personal Obligation ot
A!lsess~ents. The Declarant, for all properties within Ludlow Bay
Village, hereby covenants and agrees, and each Owner by
acceptance of a deed therefor (whether or not it shall oe so
expressed in such deed) is deemed to covenant and agree to pay to
the Master Association: (i) Annual Assessments; and (ii) Special
ASsessments for capital improvements or other extraordinary
expenses or costs. The Oeclarant, for all town home Lots ~ithin
Ludlow Bay Villaqej further covenants and agrees, and each Owner
by acceptance of a deed therefor <,",hether or not it shall be so
expressed in such deed) is deemed to covenant and agree to pay tq
the Town Home Association: (1) Annual Assessments; and (ii)
Special Assessments for capital improvements or other
extraordinary expenses or costs. The Annual and Special
Assessments, together with interest, costs, and reasonable
attorneys' fees, shall be a charge on the property of the Owner
,",ithin Ludlo,", Bay Village. and shall constitute a continuinq
servitude and lien with power of sale upon the property within
LUdlow Bay Villaqe against which each such Assessment is made.
The lien may be enforced by foreclosure of the lien on the
defaultinq Owner's property by either the Master Association
and/or the Town Home Association, as applicable, in like manner
MASTER DECLARATION - 22
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as a mortga9Q on real property, or in any other Qanner permitted
by Washin9ton law. The lien for each unpaid Assessment attaches
to tne property after tne due date and shall continue to be a
lien against such property until paid. The costs and expenses
for fi1in9 any notice of lien shall be added to the Assessment
for the prope~ty against whic~ it is filed and collected as part
and parcel thereof. Each such Annual and Special Assessment,
together with interest, costs and reasonable attorneys' fees,
shall also be the personal obligation of the Owner of the
property at the time when the Assessment fell due. The personal
obligation for delinquent Assessillents shall not pass to the
successors in title of the O'Nner unless expressly assumed by
them. '
section 7.2 Annual Assessments. In order to provide for
the uses and purposes specified herein, includin9 the
establishment of replacement and maintenance reserves, the Board
of each Association in each year, shall assess an Annual
Assessment. The Master Association Annual Assessment .shall be
levied aqainst all properties in Ludlow Bay village, except
Exempt Properties. The Town Home Association Annual Assess~ent
shall be levied against. all tONn home lots in LUdlow Bay village.
with regard to town home and' single-family Lots, no Annual
Assessmen~ shall be levied or o~herwi$e acc=ue in favor of the
Master Association or Town Home Association against said Lots
until title to the Lot is transferred from Declarant to the first
purchaser of the Lot from Declarant. With regard to commercial
properties, including the Inn, Marina and Restaurant, the Annual
Assessment shall be levied or otherwise accrue against such
properties at such time. as t.he Master Association Board comme.nces
assessments within the'Master Association.
section 7.3 Determination Of Annual Assessment. The Annual
Assessment against each property shall be determined by the Board
of the Association levying the assessment. The Board of each
Association, at its sole discretion, shall determine when to
commence collecting the Annual Assessments. The p~dqet for the
Master Association shall address the overall duties,
responsibilities and obligations of the Master Association with
regard to maintenance, repair, improvement and regulation of th~
Common Areas and other matters set forth in this Master
Oeclaration or other Governing Docwuents. The budget for the
Town Home Association shall address the maintenance, repair 1
landscaping and replacement reserves (at the discretion of the
Board.} associated with the town home Lots, together with any
other duties, responsibilit~es and obligations of the Town Ho~e
Association. Annual ASsessments for each Association shall be
collected in advance on a monthly, quarterly or annual basis as
specified by its Board.
MASTER DECLARATION - 23
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Sect.ion 7." Itate Of Assessment. The following shall apply
with regard to each Association:
7.4.1 With regard to the Master Association, the
residential lets (town home and single-family Lots) subject to
assessment shall be required to pay an Annual Assessment equal to
forty (40%) of the total budgeted amount for the Master
Association, ~~ich shall be assessed pro rata at a uniform rate
for each of the 58 residential Lots subject to assessment. The
Marina shall be required to pay an A.nnual Assessment equal to ten
percent (10%) of the total budgeted amount for the Master
Association. ~he Restaurant shall be required to pay an Annual
Assessmente~al to twenty percent (20%) of the total budgeted
amount for ttle Master Association. The Inn shall be required to
pay an"Annual A.ssessment equal to thirty percent (30%) of the
total budgeted amount for the Master Association.
7...2 With regard to the Town Home Association,
the town home Lots shall be required to pay an Annual Assessment
established by the Board of the Town Home Association. The
Annual Assess~ent shall be set at a uniform rate for each town
home Lot.
section '7.S Superiority Of Assessouent Lien. To the extent
permitted by law, the Associations' lien on properties within
Ludl.otJ Bay Village for AssessO'llents shall be supe.rior to any
homestead exe:option now or hereafter provided by the laW's of
Washington, or any exe~ption now or hereafter provided by the
laws of the United States. Since the Owner will receive a copy
of this Maste= Declaration prior to Closing and/or the Master
Declaration is recorded of public record, the acceptance of a
deed to property subject to this Master Declaration shall
constitute a voluntary and informed waiver of the homestead right
by the Ow~er and an acknowledgement that the lien should be paid
prior to any homestead claim.
section 7.' llaximum Annual AsselSSlIlent. As set forth above,
the Board of each Association shall decide when to commence
Annual Assess~ents. The following shall apply with regard to
determination of the Annual Assessments.
,"
7.6.1 Prior to the first conveyance of a
residential lot (town home Lot or single-family Lot), the Board
of each Asscciation, shall establish the initial Annual
Assessment for the remaining portion of the existing fiscal year.
7.6.2 Each fiscal year thereafter through the
fifth fiscal year, the Annual Assessment may be increased by the
Board of each Association a maximum of twenty percent (20%) over
the previous year's Annual Assessment. Any such increase sh~ll
be effective at the beginning of each fiscal year. Beginn.J.ng
MASTER DECLARAtION - 24
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~ith the sixth (6th) fiscal year, and each subsequent fiscal year
thereafter, the Annual Assess=ent ~ay be increased by the Board
of each ~ssociation by a maximum amount equal to the greater of
either (1) five percent (5%) over the previous yea=. s Annual
Assessment, or (2) the percentage increase in the CQnSU~er Price
Index, Sea~tle/Everett Metropolitan Area (or such other closest
geographic area available), as published by the Depart~ent of
Labor, Wash.ington, o. C., or successor governmental agency,
bet~een the first day of the previous full fiscal year and the
first day of the then current full fiscal year. Any such
increase shall be effective at the beginning of the fiscal year;
7.6.3 No additional increase shall be permitted
du=ing the time that the Declarant has control of the Board of
any Association where this subparagraph 7.6.3 is atte~pted to be
invoked. However, at such ti!01e as Declarant is no longer in
control of an Association, and notwithstandinq anything to the
contrary herein, the Annual Assessment may be increased by the
Board of either Association above the percentages set forth in
subsection 7.6.2 above, but only upon meeting the fOllowing
conditions: (1) With regard to the Master Association, there
must be a 70% approval on the part of the Board: and (2) With
regard to the Town Home Association, there must be written assent
of Owners representing forty pe::cent (40%) of the town hOi::le. Lots.
The Board may schedule a special meeting for such purpose at its
discretion or, alternatively, may explain the need for the
increased assessment in writing and circulate the same to the
Me!t1bership.
Section 7.7 Speeia1 Assessments For Capital ImprovemeXlts
Ahd Extraordinary Expenses. The Board may, during any fiscal
year, levy a Special Assessment for the purpose of defraying, in
whole or in part, the cost of any acquisition, construction,
reconstruction, repair or replacement of a capital improvement
that it is obligated to manage, or for the purpose of defraying
other extraordinary expense, but only upon meeting the following
conditions: (1) With regard to the Master Association, there
must be a 70% approval on the part of the Board: and (2) W~th
regard to the Town Home Association, there l'llU$t he written assent
of Owners representinq forty percent (40%) 0 f the town home Lots t
Section 7.8 Billing And Collection Procedures. The Board
of each 1\ssociation shall have. the right to adopt procedures
consistent herewith for the purpose. of levying and collectinq
~~nual and Speci~l Assess~ents. . The failure of either
Association to send a bill. to a Member shall not relieve a.ny
Member of his liability for any Assessment under this Master
DeClaration, but the Assessment Lien therefor shall not be
foreclosed or otherwise enforced until the Member has been given
not less than thirty (30) days. written notice.. at the address ot
the Member on the Associations. records. Such notice }nay be
MASTER OECt.ARATION - 2S
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given at any time after delinquency of' such payment. The
Associations sha.ll be under no duty to refund any payments
received by it even though a property is sold: successor Owners
shall be qiven credit for prepayments, on a prorated basis, made
by prior Owners.
SectioXl 7.9 Collection Costs And Interest On DelinqueXlt
Assessments. Any delinquent installment of Annual or Special
Assess~ent shall bear interest from thirty (30) days after the
due date until paid at a uniform rate established by the Board of
each Association, which rate shall not exceed the maximum
interest rate legally allowed by Washington State. The Member
shall be liable for all collection costs, including attorneys'
fees, incurred by the Associations. The Board may also record a
Notice of Delinquent Assessment against .the applicable property
as to which an Annual or Special Assessment is delinquent and
constitutes a lien, and may further establish a fixed fee to
reimburse the Associations for costs associated with recordinq
such Notice of Lien, processing the delinquency and recording a
Notice of Payment, which fixed fee shall be treated as a
collection cost of the Associations secured by the Assessment
Lien.
. section 7.10 Evidence Of payment Of Annual And Special
Assessmeuts. Upon receipt of a written request by a Member,
each applicable Association within thirty (30) da.ys shall issU':.
a written certificate stating (a) that all Annual and Speei~~
Assessments (including interest, costs and attorneys' fees) hay~
been paid with respect to any specified property as of the dat6
of such certificate, or (b) if any Annual and/or Special
Assessments have not been paid, the amount of such Annual and/or
Special Assessments (including interest, costs and attorneys'
fees, if any) due and payable as of such date. The Associations
may make a reasonable charge for the issuance of such
certificates. Any such certificate, when duly issued as hereir.
provided, shall be conclusive and binding 'With.r~spect to any
matter therein stated as against any bona fide purchaser of, or
lender on, the property in question.
section 7.11 Property Exempted From 'rbe Annual And Special
Assessments. Exempt Property shall not be assessed Annual
and/or Special Assessments: provided, however, that in the event
any change of ownership of Exempt Property results in all or an;
part thereof being removed from Exempt Property status, then the
same shall thereupon be subject to the assessment of the Annual
and Special Assessments (prorated as of the date it was removed
from Exempt property status) and the Assessment Lien.
MASTER DECLARATION - 26
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i Section 7.12 De.clarant Subsi4y. Declarant aqrees to
proviae thefollowinq subsidies with regard to the Associations:
7.12.1 With regard to the Town Home Association,
until forty (40) tow"n home Lots have been sold by DeClarant,
Declarant agrees to subsidize the financial operations of the
Town Home Assoe~ation in the event that all Annual Assess~ents
and every othe:.- reVenue source received by the Town Home
Association fails to equal or exceed the actual expenses incurred
durinc; the fiscal year. The terms ot the subsidy shall be
established by ~ritten agreement between the Declarant and the
Town Home Assoc~ation. Declarant shalt have no obligation for
any such short fall resulting from the levying of an Annual
AsseSS3ent in a~ amount less than the maximum authorized, unless
the same has been previously approved in writing by Declarant.
The subsid.y co~templated herein shall automatically terminate
upon the Closing of a sale on the 40th town home Lot, unless
terIl1inatecl prier thereto due to the self-sufficient financial
condition of the Town Home Association.
\.
7 . 12.2 wi th regard to the Master AS$oC ia ticn,
Declarant agrees to subsidize the financial operations of the
Kaster Associat:on for a period of four (4) years, to the eX~ent
set forth herei~1 in the event that all Annual Assessments and
every other revenue source received by the Master Association
fails to equal cr exceed the actual expenses incurred during the
fiscal year; provided, however, that ~he ~a~imum a~ount of any
such subsidy in any given fiscal year shall not exceed an a~ount
equal to the S~ of the number of unsold residential Lots owned
by Declarant (includinc; town home and single-family Lots)
multiplied by ~he ~mount of the pro rata share of the Annual
Assessment levied against other residential L~ts by the Master
Association. T~e terms of the subsidy shall be established by
written agree:ent between the Declarant and the Master
. Association. Declarant shall have no obligation for any such
short tall resulting from the levying of an Annual Assessment in
an amount less than the maximum authorized, unless the same has
been previously approved in writinq by Declarant.
ARTICLE 8
ENFORCEMENT OF PAYMENT OF ANNUAL AND
SPECIAL ASSESSMENTS AND OF ASSESSMENT LIENS
Section 8.1 Master ~ssociation As Enforcing Body. The
Master Association shall have the exclusive right to enforce the
provisions of this Master Declaration.
Section 8.2 Associations' Remedies To Entoree Payment ot
Annu~l And special Assess~ents. The ~ssociations may enforce
payment of any ~elinquent Annual or special Assessments, together
MAS~ER DECLARATION - 27
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with all collection costs and attorneys' fees, by taking either
or both of the followinq actions, concurrently or separately:
8.2.1 Bring an action at law and recover judq11\ent
aqainst the Member personally obligated to pay the Annual or
Special Assess~ents; and/or
8.2 . 2 Foreclose the Assessment Lien against the
property subject to the Assessment Lien in accordance with the
then prevailing Washington law relating to the foreclosure of
real estate mortgages (inCluding' the right to recover any
deficiency) .
section 8.3 Subordination Of Assessment Lien To First
Kortgage; I'rio:it'1 Lien. The Assessment Lien provided for herein
shall be subordinate to any first mortgage lien and any liens for
taxes and other PUblic charqes which by applicable law are
expressly made superior. Except as above provided, the
Assessment Lien shall be superior to any and all charges, liens
or encumbrances which hereafter in any manner may arise or be
imposed upon the property. Sale or transfer of any property
shall not affect the Assessment Lien, unless otherwise
specifically provided by law.
Section 8.4 SuspensioXl ot Membership. In addition to the
remedies set forth herein, and not to the exclusion or prejUdice
thereof, the Board of each Association may also suspend a Member
from its Association and the privileges of Membership (includinq
use of the Common Areas with regard to Master Association), for
non-payment of Annual and/or Special Assessments.
ARTICLE 9
USE OF FUNDS; BORROWING POWER
Section 9.1 Purposes For Which ~he Associations' Funds Kay
Be Used. The Associations shall apply all funds collected and
received by them for the common good and benefit of the Members
by devoting said funds, aaonq other things, to fulfilling the
maintenance and other obliqations of the Associations as set
forth in Article 10 hereof.
section 9.2 Borrowing Power. The Associations may borrow
money in such amounts, at such rates, upon such terms and
security, and for such period of time as their Boards determine
is necessary or appropriate.
Section 9.3 AssociatioXlS t lliqht.s In Spending' Fund~ From.
Year-to-Year. The Associations shall not be obliqated to spend
in any year all the sums received by them in such year (whether
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by way of Annual or Special Assessments or otherwise), and may
carry forward as surplus any balances remaining and shall not be
obliqated to reduce the amount of the Annual Assessment in the
succe:edinq year if a surplus exists from a prior year. Moreover,
the Associations are specifically authorized, at the discretion
of their Boards, to provide for reserves to meet anticipated
future improve~ent or replacement needs.
ARTICLE 10
MAINTENANCE AND O~ER RESPONSIBILITIES OF
~SE OWNERS AND ASSOC~ATIONS
Section 10.1 Maintenance Responsibilities of the Kaster
AssociatioXl. The Master Association shall maintain, or provide
for the 1D.aintenanee of, the Common Areas within Ludlc\,{ Bay
Village, specifically including, but not limited to:
1Q.1.1 Maintenance of grounds and landseapin9;
maintenance and repair of all private roadways; and maintenance,
repair and replacement, if necessary, of any signs, monuments,
walls, fences or other improvements located within the Co~~on
A=eas or priva~e roadways;
10.1.2 Maintenance of all storm water and
drainage cont=ol systems located within the Common Areas,
inClUding, but not limited to, cateh basins, piping, conveyance
facilities, retainage and detainage ponds, bioswales and oil
separators;
10.1.3 Management of all employment matters,
includinq hiring, firing, supervising and paying employees and
independent contractors to carry out the Master Association
obligations, including maintaining worben I s compensation
insurance, if applicable; and
10.1.. Provision of all utilitie~~ real estate
taxes, insurance (including insurance specified in Article 13
hereof), adn'linistrative expenses of operation, management and
related expenses and services as lUore fully delineated . in
sUbsection 5.1.3 of this Master Declaration.
sectiou"10.2 Maintenance Respocsibilities ot the Town Eo~e
Association. The Town Home Association shall maintain, or
provide for the maintenance of the town home Lots and
improvements thereon to the.extent provided herein, specifically
includinq:
10.. 2.1 Maintenance of the exterior appearance of
all buildings, improvements and landscaping located on town home
Lots, which maintenance shall be limited to (l) painting; (2)
MASTER DECLARATION - 29
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root repair and replacement; (3) gutters and downspouts; (4)
siding' repair and replacement: and (5) lawn and yard maintenance.
E:ach town home Lot Owner shall be responsible tor all other
repair and maintenance including, but'not limited to, pl~ing,
exterior and interior glass, appliances, heating and cooling
systems, and private driveways;
10.2.2 Management of -all employment matters,
including hiring, firing, supervising and paying employees and
independent contractors to carry out the Town Home Association
obligations, including maintaining workmen's cOr.l.pensation
insurance, if applicable: and
10.2.3 Provision of all utilitiest real estate
taxes, insurance, administrative expenses of operation,
management and related expenses and services as 1l\ore fully
delineated in subsection 5.2.3 of this Master Oeclaration.
Section 10.3 Kaintenance Responsibilities of sinqle-Family
Lot .bd. COll'lJl1ercial Prop'erty O'WUers. Neither of the Associations
shall be responsible for any maint~nance, repair or landscaping
associated ~ith single-family Lots or commercial properties, nor
any improvements thereon. Each OWner of a single-family Lot or
commercial property shall be responsible for all maintenance and
repair.
Section 10.4 Kaster AssociatioXl Autbority To Direct
Kaintenance and. Repair. The Muter Association, through the
Architectural Review Commit.tee, shall have the authority to
direct the maintenance and repair of all buildings, improvements
and landscapinq located on all town home and single-family Lots
and commercial property within Ludlow Bay villaqe. In the event
the Architectural Review Cor:uaittee determines that any buildings,
improvements or landscapinq located on any town home or sinqle-
family Lots or commercial properties require any repairs or
maintenance including, but not limited to, grounds or landscape
maintenance, painting, roof or gutter repai~; or siding
replacement or repair, then the Architectural Review Committee
shall do the following:
10.4.1 With regard to town home Lots, the
Architectural Review committee shall contact the Board of the
Town Home Association in writing and specify what repairs or
maintenance are required. The Town Home Association shall
complete the repair and/or maintenance within 90 days of the date
notified by the Architectural Review Committee, unless an
alternative schedule is agreed to in writing between the Town
Home Association and the Architectural Review committee;
provided, however, that if the repair and/or maintenance is not
within the scope of work required of ,the Town Home Association:
then the Architectural Review Committee shall contact the ownc~
MASTER DECLARATION - ~O
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directly as provided in subse~tiQn 10.4.2 below for Owners of
single-familY Lots or co=mercial properties.
10...2 With rec;ard to single-fam.ily Lots and
co~ercial prope~ties, the Architectural Review Committee shall
contact the Owner of the property in writing and specify what
repairs or maintenance are required. The Owner shall complete
the repair and/or 1:1aintenance within 90 days of the date notified
by the Architectural Review COl\UUittee, unless an alternative
schedule is aqreed to in writing between the Owner and the
Architectural Revie~ Co~~ittee.
10.4.3 The aggrieved Owner, or the Board of the
Town Home Association, as applicable, shall have the right to
appeal any such decision to the Master Association Board within
seven (7) days of. notification from t.he Architectural Review
Committee in accordance with the procedures set forth in Section
11.3 of this Master Declaration. The time period for perfo~ance
shall be tolled during the pendency of the appeal (from the date
the appeal notice is delivered to the Master Association Board
until the date of the final decision of the Master Association
Board).
10...4 In t~e event that the Owner, or the Board
of the Town Ho~e ^ssociation, as applicable, fails to perform the
maintenance 0::" repair specified. by the Architectural Review
Committee, or Board of the Master As~ociation if there is an
appeal, then the Master Associat.ion shall have t.he riqht, but not
the obligation, to perform the maintenance or repair and charge
the property Owner, or the Town Home Association, as applicable,
for the entire costs associated therewith, together with an
a.dministrative fee equal to an additional 15% of the total costsJ
and interest thereon at the rate pf 12% per annum from 30 days
after an invoice for payment is delivered to the party
responsible for payntent thereof. An Assessment Lien shall secure
repayment on the part of any Owner and be enforceable in the same
manner as other liens provided for herein. The Master
Association shall have the specific authority to pursue any legal
remedy available under Washington law to enforce this covenant in
accordance with its terms. In the event of litigation, th~
prevailing party shall be entitled to recover their reasonable
attorneys' fees and costs. .
seotion 10.5 ~ssessment Of Certain Costs of Maintenance
And Repa.ir. In the event that the need for maintenance or repair
is caused through the willful or negligent act or omission of any
Owner, Resident or Occupant, or their tenants,. quests or
invitees, the cost of such maintenance or repair may, at toe
discretion of the Board of the Association otherwise charged with
remedying the Sa:i:3e, be charged directly to. the Owner of ~he
property and shall be payable in accordance w~th the time per10d
MASTEa OECLARATIO~ - 31
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established. by the Board.. An Assessment Lien shall secure
repayment and be enforceable in the same manner as other
Assessments provided for herein.
ARTICLE 11
ARCHITECTURAL CONTROL
Section 11.1 Lots subject To LUdlow Maiutenance Co~ission
ArChitectural Review. At all times after conveyance from Pope
Resources, the Owners of each Town Home Lot and. Sing-Ie-Family Lot
within Ludlow Bay Village shall be subject to Ludlow Maintenance
Commission ("4"!CIl) architectural control, as set forth in A::-ticle
17, in addition to architectural control by the Architectural
Review Committee of the Master Association as set forth below.
Prior to seeking approval of the Master Association Commit~ee,
Owners must obtain approval of their plans and specifications
frota the t.MC Architectural control Committee. 'l'he following
applies to LMC architectural control:
No building or structure ( including fences or any
ll1anmade obst=uction) shall be built or placed or thereafter
altered on any ~ot, nor shall a Lot be cleared or excavated for
use, nor shall any tree of six-inch (6lt) or more breast dia~e.ter
be cut, until after the details and written plans and
specifications thereof disclosing clearinq, size, materials,
location, finish, and elevations (and as to tree cutting, with
specific identi~ication of individual trees to be cut) have been
subm'itted to and .approved by the LMC ArChitectural Control
committee. The LMC Ar~hitectural Control Committee shall consist
of five individuals who shall be appointed by and subject to
removal or re?lacement by the Boat'd of Trustees of the !.Me. The
Address of the Architectural Control committee shall be: Ludlow
Maintenance Cc~ission, Inc., Post Office Box 6506, Port Ludlo~,
WaShington, SaJ65, Attention: Architectural control Committee.
The address ~ay be changed from time to time by the Board of
Trustees of the LMC. Within thirty (30) days o(-submission of
plans and specifications to such committee, such committee by a
majority vote and in writing may approve or. disapprove or may
conditionally approve plans and specifications so submitted. It
such plans and specifications be so disapproved (or if
conditionally approved, then unless the conditions thereof be
complied with) the projected construction shall not be
undertaken, or if undertaken in violation hereof, may be abated
by leqal proceedings instituted by the !.Me or any aggrieved
party, irrespective of the. tinle of completion thereof. The
cOlXLlnittee shall in good faith exercise discretionary approval and
disapproval of plans and specifications on a basis of minimizing
interference with enjoyment of nearby Lots and of enforcinq an
improvement use and occupancy of the land in a pleasing but not
MASTER DECLARATION - 32
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necessarily uniform combination of permanent residences arid
recreational homes.
Section 11.2 Est.ablishment of !faste.r Associat.ion
Architect.ural Review Committee. Within the Master Association,
the Oeclarant shall establish an Architectural Revie~ Committee
(referred to herein as "Committee") to perform the functions set
forth in this Master Declaration and may adopt procedural rules
and regulations for the performance of such duties, including
procedures for the preparation, submission and dete~ination of
the application for any approvals required by this Master
Oeclaration. The committee shall consist of three (J) members.
Declarant shall have the right to appoint the members of the
committee tor five (5) years from the date this Master
Declaration is recorded; providing, howev.r, that Oeclarant, by
written notification to the Master Association Board, may elect
to terminate this right of appointment of the Committee at any
time. Upon termination of Oeclarant's right of appointment, the
Master Association Board shall have the power to appoint all
members of the ColtUXlittee. For as long as Declarant has the right
to appoint the members of the Committee, cOL~ittee members need
not be Membe~s of the Master Association and may speCifically be
employees or agents of Declarant. Upon termination of
Declarant's right of appointment, the Master Association Soard
shall select me~ers of the Co~~ittee from Members of the Master
Association. Oecisions of the Committee shall be by a majority
vote of its members. Subject to the appeal provisions of Section
11.4, the decision of the Committee shall be final on all matters
considered by it pursuant to this Master Declaration.
Section 11.3
Review By Commit.tee.
11.3.1 construction And Alteration Of Buildings And
l:mprovemeXlts. After conveyance from pope Resources, prior
approval by t~e Committee shall be required for all ne~
construction of dwellings, buildings, structures, or permitted
improvements within LUdlow Bay Village. :In.. addition, no
alteration or modification to an existing dwelling, building,
structure, or oth.er improvement within Ludlow Bay Village
previously constructed by Declarant or approved by the committe~
shall be made unless complete plans and specifications therefor
have been first submitted to and approved in writing by the
Committee. The Owners of any Town Home Lot or'Single-family
residential Lot subject to LMC architectural control shall first
obtain approval from the LMC prior to submission to the
Conuaittee. The committee shall exercise its best judgment to the
end that all such changes, improvements and alterations requested
for properties within Ludlow Bay Village confonn to and harmonize
with the existing character of Ludlow Bay Village and fully
comply with Ludlow Bay Village Design Standards.
MASTER DECLARATION - 33
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11.3.2 KainteXlance An4 Repair. The Committee shalL
have the power and authority to provide tor proper maintenance
and repair of all properties within Ludlow Bay Villaqe as
specified in Article 10 of this Master Declaration.
Sect.ion 1.1. <( Appeal. Any OwneX' agqrieved by a decision of
the Committee may appeal the decision to the Master Association
Board in accordance with established procedures of the Master
Association Board, which. shall be available to all Members at the
Master Association Office or such other location designated by
the Master Association Board. The determination'of the Master
Association Soard is final and binding,on all parties.
Section 11.5 Fee. The Master Association Board may
establish a reasonable processinq fee to defer the costs to the
Master Association in considering any requests for approvals
submitted to the Committee, which fee shall be paid at the'time
the request for approval is submitted. The Master Association
Board may also establish a reasonable processing fee to defer the
costs to the Master Associa.tion in considering any appeal
submitted to the Master Association Boar~, which fee shall be
paid at the time the appeal is ~elivered to the Master
Association Board.
sect.ion 11.6 Ludlo" Bay Villa.qe Desiqn st.anda.rds. Ludlow
Bay Village Design standards shall be initially prepared by the
Declarant or Master Association Board, at the discretion of
Declarant, and may include written guidelines setting forth the
mini:nwn standards for the' design, height, square footage,
location, style, structure, color, mode of architecture, mode of
landscapin9, maintenance and other relevant criteria associated
~ith all properties within Ludlow Bay Village. The purpose ot
Ludlow Bay Village Design Standards is to preserve and promote
the character of Ludlow Bay Village. By acceptance of a deed for
any property within Ludlow Bay Village, each Owner thereof and
his successors and assigns agree to be bound by all provisions of
Luella.... Bay Village Desdgn standards, as may be amended from time-
to-time by the Master Association Board, and to use diligence in
Keeping abreast of the provisions thereof c;lnd any amendments
thereto.
sectioXl 11.7 ViolatioXl of Approved Plans Of '1'he Commit.tee..
If the Conuuittee deterttlines that work on any property within
Ludlow Bay Village has not been completed in compliance with the
final plans approved by the Committee, then the Committee or the
Master Association Board ~~y notify the Owner in writinq of such
noncompliance, specifyinq in reasonable detail the particulars of
noncompliance, and may require the Owner to remedy the same. If
the Owner fails to remedy such noncompliance within a reasonable
time period designated by the Committee, then the Declarant or
the Master Association Board shall have the right to enter upon
MASTER DECLARATION - 34
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the property of any Owner and obtain compliance or remec:iy
noncompliance as ordered by the Committee and the cost at such
performance or remedy shall be charged to the Owner of t..'le
property in question, which cost shall be due within ten (lO)
business clays after receipt of written demand therefor. In
addition, in the event of noncompliance, the Declarant or the
Kaster Association Board shall have the right to initiate
litigation - for injunctive relief and/or damages and the
prevailing party in any such litigation shall have the right to
recover reasonable attorneys I fees and costs (including both
court costs and reasonable additional expenses tor expert:s,
consultants and others involved in the litigation) as dete~ined
by the Court.
Section 11.8 Non-Liability For -Approval of Plans Or
Direct.ions Reqarc1inq Maint.enance And Repair. Committee approval
of plans' shall not constitute a representation, \larranty or
quarantee that such plans and specifications comply with qood
engineering or design or with zoning or building ordinances, or
other governmental regulations or restrictions. By approving'
such plans and specifications, neither the COlM'l'littee, the me1:\hers
thereof, the Master Association, the Master Association Boa~d,
nor Declarant assumes any liability or responsibility therefor,
or for any defect in the structure constructed from such plans or
specifications. None of the above stated entities or individuals
shall be liable to any Mem1:ler, O"Wner, Resident, occupant or other
person or entity for any damaqe, loss, or prejUdice suffered or
claimed on account of (a) the approval or disapproval of any
plans, drawings and specifications, whether or not defective, or
(b) the const~ction or performance of any work, whether or not
pursuant to the approved plans, drawings, and specifications; or
(e) any order given with regard. to required maintenance or
repair.
ARTICLE 12
RIGHTS AND POWERS OF ~HE ASSOCIATIONS'
Section 12.1 Rights And Powers. The Associations shall
have the rights and powers set forth in this Master Oeclaration
and all other Governing Documents, together with all rights and
powers of a non-prOfit corporation incorporated in the state of
Washington. Upon incorporation of the Associations, a copy of
the Articles and Bylaws shall be available for inspection and
copying at the Associations' office (5) during reasonable business
hours.
Section 12.2 contracts With others For Performance ot orh.
Associations. Duties. Subject to the restrictions and
limitations contained herein, the Associations may enter- into
contracts and transactions with others, inclUding Declarant and
MASTER DECLARATION - 35
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its affiliated companies, and such contracts or transactions
shall not be invalidated or in any way affected by the tact that
one or more Directors or Officers of the Associations, or members
of any committee, is employed by or otherwise connected with
Declarant or its affiliates, provided that the fact of such
interest shall be disclosed or known to the other members of the
Board acting' upon such contract or transaction, and provided
further that the transaction or contract is fair and reasonable.
AR.TICLE 13
INSORANCE
sect.ion 13.1 Insuraace On COJmD.Otl. Areas. The Master
Association shall maintain insurance covering all insurable
improvements located or constructed upon the Common Areas. The
Master Association shall maintain the following insurance, to the
extent that such insurance is reasonably available, considerinq
the costs and riSK coverage provided by such insurance:
13.1.1 A policy ot' property insurance coverinq all
insurable improvements located or constructed on the Common Areas
with. a "Replacement Cost Endorsement. \I Such insurance shall
afford protection against loss or damage by fire and other perils
normally covered by the standard extended coverage endorsement
and such other risks customarily covered with respect to projects
similar in construction, location and use, including all perils
normally covered by the standard all risk endorsement, where such
is ava.ilable.
13 ~ 1.2 A comprehensive policy of pUblic liability
insurance covering all Common Areas in an amount not less than
One Million Dollars ($1,000,000.00) covering bodily injury,
including death to persons, personal injury, and property damage
liability arisin9 out of a sinqle occurrence, and such other
risks as shall customarily be covered ~ith respect to projects
si.ilar in construction, location and use.
13.1.3 In the event of damage to, .or destruction of,
all or any portion of the Common Areas due to fire or othe~
adversity or disaster, the insurance proceeds, if sufficient to
reconstruct or repair the damage, shall be paid by the Master
Association for such reconstruction and. repair. If the insurance
proceeds with respect to such damage or destruction are
insufficient to repair and reconstruct the damage or destruction,
then the Master Association shall present to the Members a notice
of Special Assessment for approval by the Membership in
accordance with Article 7 hereof. :If such special Assessment is
not approved, the insurance proceeds may, after first being used
to clean and landscape damaged areas, be applied in accordance
with the direction ot the Kaster Association Board.
MASTER DECLARATION - 36
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Section 13.2 Insurance On Other Properties. owners ot all
properties within Ludlow Say Village shall maintain insurance
covering all insurable improvements located or constructed upon
their properties. Eac!\ Owner shall ma.intain the following types
of insurance with an insurance company with an. A.M. Best ratinq
of at least A-VI:
13.2.1 A policy of p~operty insurance covering all
insurable improvements located on the Owner's properties with a
"Replacement Cost Enc.orse:nent. II Such insurance shall afford
protection against loss or damage by fire and other perils
normally covered by t~e standard extended coverage endorsement
and such other risks customarily covered with respect to proj ects
similar in construction, location, and use, including all perils
normally covered by the standard all risk endorsement, where such
is available. In the event of damage to, or destruction of, all
or any portion of an Owner I s properties due to fire or other
adversity or disaster, the insurance proceeds shall be paid by
the owner for such reconstruction and repair, unless otherwise
specifically provided by the Master Association Board in writing-.
The Master Association shall be listed on all property insurance
policies as an. Itadditional insured II to ensure its ability to
require the insurance proceeds to be utilized for reconstruction
of the aamaged improvements.
13.2 .2 Insurance coverage on furnishings, other
personal property, and glass, together with all other forms of
insurance not specificallY provided for in this Master
Declaration, 'shall be the responsibility of the Owner of
properties within Ludlow Bay Village.
13.2.:3 A comprehensive policy of public liability
insurance covering t~e Owner's properties in an amount not less
than One Million Dollars ($1,000,000.00) covering bodily injury,
including death to persons, personal injury, and property damage
liability arising out of a single occurrence, 2uld such other
risks as shall customarily be covered with respect to projects
similar in construction, location and use. '
13.2." An insurance policy provided for herein may not
be canceled or substantially diminished or reduced in coverage
without at least thirty (30) days' prior written notice to the
Master Association. Each Owner shall be required to deliver to
the Master Association a Certificate of Insurance which confirms
that the insurance coverage' outlined in this Article 13 have been
placed with an insurance company with an A.M. Best rating of at
least A-VI, and confirminq that the Master Association has been
named as an additional insured as required herein, toqether with
a copy of the actual insurance policy.
l,
MASTER, DECLARATION - 37
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ARTICLE 14
ZASEKEN'I'S
Section 14.1 Maintenance Basemene. An easement is
reserved and granted to the Associations, their Officers,
Directors, agents, employees and representatives upon, across,
over, in and under all prope~ties within Ludlow Bay Village, as
reasonably necessarYt to ena~le the Associations to perform the
duties and functions which they are obligated or permitted to
perform pursuant to this Master Declaration.
section 1.4.2
Future Utility Ease~ents.
14.2.1 For a period of twenty-five (25) years from the
date this Master Declaration is recorded, and notwithstandinq
anything to the contrary herein, Declarant reserves the right to
grant additional ease=ents, licenses and permits upon, across,
over and under any property within Ludlow Bay Village (other than
directly under any constructed building unless the Owner consents
thereto) , for purposes including, but not lim.ited to,
installation t maintenance I repair, replace'!Z\ent and improve1\\ent of
any utilities"such as electric, water, sewer, . gas, telephone,
fiber optic cable, television ca~le and drainage. Declarant ~ay
terminate the right to qrant such easements by delivering notice
to the Master Association in writing at any time.
14.2.2 At the end of the time period set forth in
subsection 14.2.1 for Oeclarant's right to grant easements, the
Master Association shall have the right to grant easements,
licenses and permits upon, across, over and under any portion of
the C01'lU'3.0n Are.as for installation, maintenance and repair of
utilities and drainage; provided said ease~ents, licenses and
pet11\its shall be (1) consistent with the intended use of
properties within Ludlow Bay Village; (2) reasonably necessary 01:
desirable for the proper use, maintenance and opera.tion of Ludlo'.t
Bay Village properties; and (3) substantially without adverse
effect on the enjoyment of any affected properties within Ludlow
Bay Village.
Section 14.3 Access 'And Use Easements Within The Town Ro~e
Lots. Each town home is located on a cluster of several Lots.
An easement is hereby reserved, conveyed and created upon, across
and over each town home Lot within a cluster of Lots on which a
town home is located, in favor of, and for the benefit of, each
town home Lot wi thin the' cluster and the Owners, Residents t
Occupants, tenants, guests and invitees thereof, for purposes ot
ingress, egress, utilities and use of driveways, walkways and
common courtyards, if applicable, adjacent to each town home.
MASTER DECLARATION - 38
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Section 14.4 Riqbts of Declarant XnQident To Constrgctiou.
.An easement is reserved by and granted to Declarant, its
successors and ass iCJns , for use, access, inqre$s, and egress
over, in, upon, under, and across the Common Areas including, but
not limited to, the right to store materials thereon and to make
such other use thereof as may be reasonably necessary or
ineidental to Declarant's construction within Ludlow Bay Village.
, Section 1,.(.5 EasemeXlts Deemed Created. All conveyances of
properties within Ludlow Bay Village hereafter made, whether by
the Oeclarant or other-Jisel shall be construed to grant and
rese1:"VGt the ease':lents contained in ~aster Declaration, even
though no specific reference to such ea.sements appears in the
instrument of such conveyance.
A1'l'l'XCLE .15
CONtl!:H1Q.'l'I:ON
section 15.1 Actions And AVards. In the event proceedings
are initiated by any governmental entity seekinq to take eminent
domain of the Co~on Areas, or any part thereOf, or any interest
therein, with a value as reasonably determined by the Master
Association Board in excess of $10,000, then the Master
Association shall give prompt notice thereof to all Members. . 1'he
Master Association shall have full power and authority to defend
said proceedin<1s, and to represent the owners in any
negotiations, settlements and agreements with a condemning.
aut.hority for acquisition of the C011UDon Areas, or any part
thereof, but .the Master Association shall not enter into any such
proceedings, settlements or agreements pursuant to which all or
any portion or interest in the Common Areas l or improvements
located thereon, are relinquished, without giving all Members at
least fifteen (15) days prior written notice thereof. In the
event following such proceedings, there is such a t.aking in
condemnation or by eminent domain of a part or all of said
properties, the award made for such taking shall 'be applied by
the Master Association to such repair and restoration of the
remaining Common Areas, or improvements thereon, as the Board, in
its discretion, shall determine.
ARTICLE 16
PUBLIC ACCESS
Section 16.1 PUblic. Use And Access. Declarant hereby
declares that Tracts A, C, D and a public access easement across
portions of Ml, within LUdlow Bay Village (hereafter referred to
as ~~Public Access Tracts") I shall be available for public use and
access in accordance with the terms and conditions set forth
herein, for the life of the project. Thereafter, such public use
MASTER DECLARATION - 39
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and access shall be at the discretion of the Kaster Associatioh
Board.
Section 16.2 Grant Of Public Ose And Ac:cess EasemeXlt.
Declarant hereby qrants to the qeneral public a non-exclusive
access easement for the life of the project over the PW:1lic
Access Tracts; subject to the terms and conditions set forth in
Section 16.3 of this Master DeClaration.
Section 16.3 Public Access Use Restrictions. The Public
Access Tracts shall be available to the qeneral public for
passive recreational use, such as walkinq, bird watchins, and the
like, during daylight hours. The Master Association shall have
the right to implement no~al behavior standards and reasonable
use restrictions with regard to the .PUblic Access Tracts,
includinq, but not limited to, the right to restrict or prohibit
pets, vehicles, alcohol consumption and/or loud music within the
Public Access Tracts. General public parking for the P'\J.l:)lic
A7cess Tracts shall be provided and designated with appropriate
sl.qnage.
AR'rICLE: 17
LUDLOW HA!N'rENANCE CO~~ISSION
section 17.1 'rovn Kome and sinsle-Family Lots Subject 'r~
Membership In Ludlow Maintenance Commission. Upon conveyance from
Pope Resources, the owner(s) of each Town Home Lot and Sinqle-
Family Lot within Ludlow Bay Village shall be a member of the
Ludlo'N Maintenance Commission (hereafter referred to as "the
L.'!c"), a non-prOfit corporation formed under the laws of the.
State of Washington, and shall be subject to the Articles a.nd
Bylaws, Rules and Regulations thereof. As members, the Owners of
each Town Ho~e Lot and Single-FamilY Lot will benefit fro~ the
common amenities, and be subject to the ~~c assessments.
seet:i~n 17.2 Assessments and Liens. The LMC is emoowered
to establish assessments upon Lots for common purposes.as set
forth in the Articles and By-Laws thereof. Such assessments
shall constitute a lien upon each such Lot as of the due dat~
thereof, and such lien may be foreclosed by the !Me in the sa~e
form and manner of procedure as the foreclosure of real property
t:\ortgage lien under the laws of the state of Washinqton. Expenses
of title examination and assurance, costs of attorneys, court
costs and interest at 10% per annum shall be included with the
amount of any delinquent assessment in the judgment of
foreclosure of such lien. The authority to establish assessments
and lien therefor against such Lots within Ludlow Bay Village
subject hereto shall, as to each Lot, first arise when the same
is first sold by deed or real estate contract from pope
Resources, its successors and assi9ns, to a grantee or contract
MASTER OEeLA.RATION - 40
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purchaser. AssesSl11ents shall be assessec:1 anc'l collected on a ~aIr
and uniform basis as among lots subject thereto. Subject only to
such reasonable c'lifferential as may be established by t~e By-Laws
of the LMC between improved lots and unimproved lots.
Section 17.3 Architectural Review. Upon conveyance from
Pope Resources, the Owners of each Town Home Lot and Single-
Fa::l.ily Lot within Ludlow 'Say Village shall be subject to t..."iC
architectural control as provided in ArtiCle 11 herein.
A..~'rICL!: 18
't'!.R..'li 1\.~NO~NTS; TER.~:tNATION
Section 18.1 Term; Method ot Termination. This Master
Declaration shall be effective upon the date of recordation
hereof and, as amended fro~ time-to-time, shall continue in full
force and effect for a te~ of twenty-five (25) years from the
date of recordinq this Master Oeclaration. Fro~ and after said
date, this Master Declaration, as amended, shall be automatically
extended for successive periods of ten (10) years each, unless
there is an affir>>tative vote to terminate this Master Oeclaration
by a vote of the (1) Master Association Board members casting
eighty percent '(80%) of the votes of the Master ~ssociation Soard
at a meetinq held for such purpose: and (2) affirmative vote of
Owners representing eighty percent (SO%), or more, of the town
home and single-family Lots. It the necessary votes are
obtained, the Master Associat.ion Board shall record a Certificate
of Termina.tion in Jefferson County. Thereupon this Master
Oeclaration s~all have no further force and effect.
section 18.2 Amend=ents. This Master Declaration may be
amended by obtaining (1) a vote of the Master Association Board
members casting sixty percent (60%) of the votes of the Board at
a meeting held for such pur~ose; and {2} affirmative vote of
Owners represe~tinq forty percent (40%), or more, of the town
home and single-family Lots; provided, however, that the.
provisions of Article 16 cannot be amended without the consent of
Jefferson county; and provided, further, that the proVisions of
Article 18 cannot be amended without the vote of the (1) Master
Association Board members casting eighty percent (Sot) of the
votes of the Master Association Board at a meeting held for such
purpose; and (2) affirmative vote of Owners representing eighty
percent (80%), or more, of the town home and single-family Lo~s.
Any amendment to this Master Oeclaration shall be recorded w~th
the Jefferson County AuditQr as a Certificate of Amendment, duly
signed and acknowledged by the President of the Master
Association.
MASTER DECLARATION - 41
VG4 507. ,~~, 232
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section 18.3 Riqht ot Amendment Xf aequested By
Governmental Aqeucies Or LeXldinq IXlstitutions. Notwithstandinq
anythinq to the contrary contained herein, Oeclarant reserves the
riqht to amend all or any part of this Master Declaration to such.
an . extent. and .,,;ith such. languaqe as may be requested by any
governmental e::.tity or agency or lending institution as a
precondition ot caking any loan. Any such amendment shall be
perfected by t~e Oeclarant 1 ~ recording of a Certificate of
Amendment, duly signed by an authorized signatory of Declarant,
and each Owner ~ereby grants his irrevocable power of attor:ley to
Declarant for 'tohe purposes set forth herein, specifically,
Oeclarant shal!. have the riqht to execute and record said
Certificate of ~~endment on behalf of all Owners and bind all
properties wit~in Ludlow Bay Village to the terms and conditions
set forth therein.
AR'rICLE 19
MISCELLANEOUS
Section 19.1 Interpretation Of The Covenants. Except for
judicial const~~ction, the Master Association Board shall have
the exclusive=~ght to construe and interpret the provisions ot
this Master Declaration. In the absence of any adjudication to
the contrary, the Master Association f s construction' or
interpretation of the provisions hereof shall be final,
conclusive and ~indinq as to all persons'and property benefitted
or bound by this Master Declaration.
SectioXl .19.2 Severability. Any determination by any court
of competent ~urisdiction that any provision of this Master
Declaration is invalid or unenforceable shall. not affect the
validity or ent:::-ceability of any of the other provisions hereof~
Section 19.3 Rule Against Perpetuities. If any interest
purported to be created by this Master Declaration is challenged
under the Rule Against Perpetuities or any related rule, the
interest shall be construed as becoming void and of no effect as
of the end of the applicable period of perpetuities computed froUl.
the date when ~he period of perpetuities starts to run on th~
challenged interest.
section 19.4 References To The Master Declaration In
Deeds. Deeds to and instruments affecting any of the properties
within Ludlow Bay Village may contain the covenants herein set
forth by reference to this Master Declaration; but regardless of
whether any such reference is made in any deed or instrument, all
terms and conditions of this Master Declaration shall run with
the land and shall be bindinq on all persons Claiming any
interest therein, their heirs, executors, administrators,
successors and assigns.
MASTER DECLARATION - 42
va~ .
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%N WITSESS WHEUOP, l'01>>E tu:SOURCES I A I)EtJ\WAilE LIHITED
PARTN'B RS 111 1>> , has hereunto caused its authorized officials to
e.xecute this Master Declaration as of the day a.nd year first
above-writte:l.
POPS RESOURCES, A DELAWARE
LI~ITED PAATNERSKXP, Declarant,
by Pope MGP Inc.,a Delaware
corporation, its General Par~ner
"" ,
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By: . d 1.1-. . .
Georqe H. F~quet,
its President and Chief
Executive Officer
STATE OF WA5HI~GTON }
) ss.
County of K~~sap )
On this ~day of Mf.\.\I , 1994, before me, the undersic;ned,
a Notary ?u.blic in and tor the State of Washinqton, duly
commissioned and sworn, personally appeared George H. Folquet, to
me known to be the President and Chief Executive Officer of Pope
MGP, Inc., a Delaware corporation, which. is known to me to be the'
General Partner of Pope Resources, A Delaware Limited
partnerShip, the partnership that executed the foregoinq
instrument, and acknowledged the said instrument to be the free
and volunta~ act and deed of said partnership, for the uses and
purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrunent.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the clay and
year first above written.
@mm.l"e. ~mdtJ^f\fiYLJ
NOTARY ~LIC ~ and for the
state o~ Washington, residing
at (-1)mt --.lnT.JJYlL)/md... .
l'!y commisS"ion exp ires: :;1.!4/Q5.
. . I
MASTER DECLARATION - 43
vet 507 -:._-234
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"EXHIBIT A-
That portion or Government LotS 1 and 2, S.ecdon 16, all in Township 28 North, Range 1
East, W~f. in Jefferson County. \Vashington, tjing Easterly and Southerly of County road
righ t-of-way;
TOGETHER wtnI those por-ions of tidelands of the second class as conveyed by the State
of \Vashlngton and tidelands of the second class as lying in front of, adjacent to, and
abutting thereon, lying Easterly of a tine extending due South from U.S. DepartmeIlt of
Commerce Environmental SClc::lce SCr'Yices Administration Coast and Geodetic Survey tidal
bench mark No.. 7 (1952) to t.1.C outer limitS of said tideiands conveyed by deed filed in
Volume 4-0, page 307-313 or the line of ordinary high water whichever lies further towards
the center of POrt Ludlow Bay;
EXCEPT 'that portion lying :--rom of the Southerly line of that certain tract of land
conveyed to the "LMC' by de~d recorded in Volume 48 of official records, pages 498
through SOl, inclusive, and uncer Auditor's File No. 221959;
ALSO EXCEPT County road right.of-way as conveyed by Auditor's File No. 333256;
ALSO EXCEPT Pon: Ludlow Condominiums No. I, as per instrument recorded in Volume
1 of Condominiums, pages 15 through 22, records of Jefferson COUllty, Washington; ..
ALSO EXCEPT that pOrtion of Government Lot 2. Section 16, described as follows:
Beginning at a point on the Southerly margin of Pon Ludlow.Chimacum COUIlty Road
distant South 01001' 04" East, 944.68 feet from tbe Northwesterly corner of said Section 16;
thence along the Southerly margin of the Port Ludlow.Chim:u:um COU.D.ty Road Nonh 6-,0
34' 30" East, 233.56 feet; thence along a curve to the right having a radius of 543.70 feet.
a distance of 52.43 feet; thence North 73006' 00" East, 201.15 feet to the Northwesterly
comer of the tract herein described and the True Point of Beginn.i.Qg; thence continuing
along said Southerly margin of the Port Ludlow.Chimacum County Road North 73006' 00"
East 160.0 feet; thence South 16054' 00" East. 247.68 feet; thence along the Government
meander line in said Section 16, South 600 56' 3Q" West, 163.67 feet; thence North 16Q 5;4'
00" West, 282.15 feet to the True Point of Beginning;
ALSO EXCEPT that portion of Government Lot 2 in Se~tion 16, Township 28 NQrth,
Range 1 East, WM. Jefferson County, \Vashington, lying Southerly of Oak Bay Road, ~
conveyed to Jefferson County by deeds recorded under Auditor's File No. 198906 and l.tl
Volume 101 of Deeds, page 268, and at Volume 1 of Road Waivers, page 31: Easterly of
POrt Ludlow Condominium No.1 as per plat recorded in Volume 1 of Condominiums. ~a~e
15, records of Jefferson County Auditor; and Westerly of a tract of land conveyed to I.:oU1S
E. Scott c:tux by deed dated September 17, 199t and recorded September 20, 199=1, under
Auditors File No. 343nOJ records of Jefferson County, Washington,
Situate in the County of Jefferson, Sta.te of Washington.
Yot 507 p~ 235
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AF'rER RECORDING
RETURN 1'0:
.
POPE lU:SOURCES
781 WALKER WAY
POR'!' LUDLOW, WA
98365
381139
, IlEConDci) Ii
VOl._PAGE
OF OfFICIAt P.fC~OS .
RfQ~:S T OF
IS95 APR 27 AX U: 31
90rn;A H. !t.:.l~lOG4
JJO:HDHEHT TO JtFHASOpt COUNT\' AUOllQ~
KASTER DECLARATION 07 COVENlUr.rS, CO~I'rIOllS I R.BSTlUCTIONS
ASSSSSK21lTS, CHARGES" LIENS, RESEllU 1'8 1df& BBBldWSY:POR
LUDLOW BAY VILLAGE
THIS AMENDMENT TO THE KASTER DECLARATIOtl OJ' COVBNAHTS,
CONDITIONS I RES'l'lUCTIONS I ASSESSHBN'rS, CB.1\:RGES I LIENS I USERVATIONS
AND EASBHEN'1'S 70R. LODLOW BAY VI:LLAGB (referred to as the .'Master
Declaration" "When referring to the original, and the "Master
Declaration Amendment" whe~referrin9 to this instrument) is made
and entered into this as: \ day of l!.rJ-.....:1 I 1995, by POPE
RESOt1R.CES I a Delaware Limited Partnersnip (hereafter referred to as
It Declarant If) .
1. PURPOSE. Declarant is the owner of certain real property
located in Jefferson County, WaShington, consistinq of 17.87 acres,
legally described in Exhibit A, attached hereto and incorporated
herein by this reference, which is located in the unincorporated
commun'ity of Port Ludlow (hereafter referred to as "Ludlow Bay
villaqe") '. Ludlow Bay Village is subject to the Master
Declaration, recorded under Jefferson county Auditor's File No.
372516, and re-recorded under Jefferson county Auditor's File No.
372695. The purpose of this Master Oeclaration Amendment is to
supersede those provisions of the Master Declaration specifically
changed herein and add. a provision relating to an exclusive
easement in favor of Ludlow Associates for the benefi~ of the Inn
at LUdlow Bay. Except, however t as expressly modified herein, the
Master Declaration shall remain and continue in full force and
effect.
A.
section ".2
Animals.
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Sections in the Master ~ ~; ~
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2. l\KEN'DMENT 07 MASTER DECIJutATION .
modify and supersed~ their corresponding
Declaration:
No animal, bird, fowl, poultry, or livestock, other than
recognized house or yard pets (ttpets") I shall be maintained on any
Lot and then only if kept thereon solely as domestic pets and not
for c011lmercial purposes. No pets shall be allowed to make an
unreasonable amount of noise or to become a nuisance. No structure
for the care, housing or confinement of any pets shall be
maintained .outside of any Dwelling Unit, nor shall any pets. be
permitted .0 be housed or kept outdoors. Each Owner shall be
responsible for the removal and disposal of all solid animal waste
of his Pets from any property within Ludlow Bay Villaqe. No Pets
shall be permitted on any property within Ludlov Bay Village, other
AKENDKBNT TO nSTEJl DECLARATION - 1
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than t.he Owner t s tot, unless controlled on a leash or si1llilar
device. Upon the vritt.en request of any Kember, the Kast.er
Association .Board shall conclusively determine, in its sole and
absolute discretion, whether for the purposes of this Section a
particular animal, bird, fowl, poultry or livestock is a nuisance
or a generally r~cogni%ed house or yard pet and whether there has
been a violation of this Section. Any decision rendered by the
Master Association Board shall be final and binding' and enforceable
by Court injunction'and/or any other remedy provided by Washington
law.
B. sect.ion 4.13 Restrictions On Residential Rental.
.. .13.1 Lonq Term. lleJ:1tal. The fOllowing shall apply
to long term rental, which shall be defined as rental for not less
than six (6) consecutive months to the same tenant(s). The entire
OWelling Unit may be let to a single family tenant from time-to~
time by the OWner on a long term rental basis without utilization
of the procedures set forth in Section 4.13.:2 below. No Subletting
shall be allowed with regard to long term rental. All leases and
rental agreements shall be in writing and specifically shall state
(1) that they ar~ subject to each and every requirement, covenant,
condi tion and restriction of the Master Declaration" Kaster
Declaration Amendment and other Governir.g Docwnents; (:2) that any
failure by the tenant to comply with the terms of the Governing
Documents shall be a default under the lease or rental agreement;
and (3) that the owner grants to the Town Home Association Board,
and its Managing Agent, if any, the authority to evict the
tenant(s) on the Owner.s behalf for such default, upon only such
notice as is required by law. If any lease or rental agreement
does not contain the foregoing previsions, such provisions shall
nevertheless be deemed to be a part of the lease and binding upon
the Owner and the tenant by reason of inclusion in the Governing
Documents. Neither the Town Home Association Board, nor its
Managing Agent, if applicable, shall be liable to the.owner or the
tenant(s) for any eviction under this subsection that is made in
good faith. Copies of all leases and rental agreements shall be
delivered to the Town Home Association office prior to commencement
of any tenancy.
".13.2' Sbort Tenn. ~'I''t''t:llI.14 The following shall
apply to short term rental, which shall be defined as rental on a
daily, weekly, monthly or other periodic period less than six (G)
consecutive months to the same tenant(s). The entire Dwelling Unit
may be let to single family 'tenant(s) from time-to-time by the
Owner on a short term rental basis only under the following terms
and conditions:
~ (1) The rental shall be made only through a
professional rental management pool approved in advance by the Town
Home Association Board: .
AMENDMENT TO KASTER D2C.LAR.A'rION - 2
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(2) Each tenant must enter into 'a written renta1
agreement, in a form approved by the Town Home Assoeiation Board,
which among other provisions provides that (1) they ar~ subject to
each ana every requirement, covenant, condition and restriction of
the Master Declaration, Kaster Oeclaration Amendment and other
Governing Documents: (2) any failure by the tenant(s) to c~ply
with the terms of the Governing Documents shall be a default under
the lease or rental agreement; and (3) the Owner qrants to the Town
Home Association ~ard, and its Managing Aqent, if any, the
authority to evict the short term tenant (s) on the owner's behalf
with 24 hours notice in the event of default, or shorter time if
law enforcement is utilized to accomplish the eviction. !Ven if
any rental agreement entered int~ with tenant{s) fails to contain
the foregoinq provisions I such provisions shall nevertheless. be
deemed to be a part of the rental agreement:. and binding upon 'the
OWner and the tenant(s) by reason of inclusion in the Governing
Documents. Neither the Town Home Association Board, nor its
Manaqing Agent, if applicable, shall be liable to the owner or the
tenant(s) for any eviction under this subsection that is ~de in
good faith. Copies of all rental agreements shall be delivered by
the Owner to the Town Home Association office prior to commencement
of any short term rental; .
(3) The Town Home Association Board shall have the
right from time-to-time to establish. Rules and Requl.ations relating
to short term rental use of DWelling Units and/or property within'
Ludlow. Bay Villaqe.
C. Section 4.18 Parking.
"'.18.1. AuthoriozeCl Parking. Vehicles of all Lot
Owners, Residents, Occupants, Tenants and their quests and
invitees, are to be kept in the garaqes, residential driveways and
other designated parking areas. With.in any designated parking
areas, the. Town Home Association Board, at its sole discretion,
shall have the righ.t to designate parking spaces for particular
Dwelling Units.
4.18.2 Unauthorized parking. It is the intent of
the Declarant to eliminate on-street parking (unless authorized by
the Master Association) and parktnq within parking areas deslgt.)a~eq
for the Inn (unless prior authorization is Obtained from the Inn) ·
Any unauthorized vehicles parking on-street within Ludlow Bay
Villaqe or wi thin parking areas clesiqnated for the Inn 1I1ay b.e towed
away at the direction of (1) the Master Association Board and/or
Managing Agent with regard to on-street parking; or (2) the Inn
with regard to designated parking areas for the Inn. The. ovner(s)
of said vehicles shall be fully resp.onsible for any costs and
expenses a~ociated with such removal.
AMENDMENT TO KASTER DECLARATION - 3
L(..)G 1'1.. ~M~;
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o. section 10.2 Maintenance aesponsibili'ties of the 'fown
Home Association.
The To~n Home Association shall maintain, or provide tor the
maintenance of the town home Lots and improvements thereon to the
extent provided herein, specifically including:
10.2.1 Maintenance and repair 'of the exterior
appearance of all buildings (eXcluding porches/decks and railinCJs) I
improvements and landscaping located on town ho.e Lots, Which
maintenance shall be limited to (1) paintinq: (2) roof repair and
replacement: (3) gutters and downspouts: (4) siding repair and
replacement: and (5) lawn and yard maintenance. Each Lot. Owner
shall be responsible for all other repair and maintenance on their
town home Lot(s) including, but not li,mited to, decks/porches and
railings associated therewith, water lines from the water meter to
uses on the Lot, sewer service lines from the Lot boundary,
fireplaces and chimneys, plUmbing, exterior and interior glass,
appliances, heating and cooling systems, and private driveways:
. 10.2.2 Management of all employment ~atters,
inclUding hiring', firing, supervisinq and paying- employees and
independent contractors to carry out the Town Home Association
obligations, including maintaining workmen's compensation
insurance, if applicable; and
10.2.3 provision of' all utilities, real estate'
taxes, insurance, administrative expenses of operation, managem~~t
and related expenses and services as more fully delineated 1n
subsection 5.2.3 of this Master Declaration.
3. ADDI~IOHAL PROVISIONS TO KASTBR DBCLARATION.
Notw i thstanding anything to the contrary in the Master
Declaration, the following provisions shall apply within Ludlow Bay
Village.:
A. Ezclusive Easement. over A portion ot Tract C For Inn
Purposes. Declarant hereby grants, conveys and quit claims to
Ludlow Associates, a partnership, and its successors and a~si9ns,
for the benefit of 1Mdlow Associates, Inn guests and invitees, an
exclusive easement over a portion of Tract C as shown on "the map
attached hereto as Exhibit B (hereafter the ueasement propertylt),
for any purposes associated with, and in conjunction vith, the Inn,
including, but not limited to use, placement of improvements and
other amenities, maintenance and landscapinq; providing, however,
that LUdlow Associates, its successors and assigns, shall be
responsibla for all maintenance, upkeep and repair of the easement
property. . Lot O-..mer(s) I Residents, Occupants, Tenants t ~heir
guests or invitees, nor the general public, shall not be perm~tted
access onto the easement property, unless otherwise permitted by
LUdlow Associates, its successors or assiqns.
AKEHDHlHT TO HASTER DECLARATXOH - 4
p~i;}ffJ~3;t>-
:Ill WXTN'ESS 'I1lEUOi' , POPE RESOtTRCES , A DBr.&1FAU. LIH%UO
I'AR'rNERSlIIP,- has hereunto caused its .authorized officials to
execute this Master Declaration as of the day and year first above-
writ.ten.
~PB USOO'RCBS, A DBLAWUJI
LIXITED PAllTNERSB:IP, nec1aran'f,
by Pope MGP Inc., f a Delaware
corporation, its General Partner
By: ~~~~. .
,Its Vtee P~es~dent. Develop t
.' .
STATE OF WASHINGTON )
}ss.
County of Kitsap' )
On this ~1'aay of MI..IL, 1995, before me, the undersigned,
, a. Notary Public in and for the state of Washington, duly
... commissione.d and .sworn, person~lly appeared &e~iJ'ya H. i'ii11:sf'u":, to t;;tt.e at
ilt)t"f\" ~ A.uOWh Lv ue the>Jil.z'c!Sidell~ aft. ~lef -Bn.e....L!.. OEILear of Pope tvr cCA-/?..
;14meJMGP, Inc., a Delaware corporation, which is known to ~e to be the
Gener~l Partner of Pope Resources, A -pelaware Limited- partnership,
the partnership that executed the foregoing instrument, and
acknowledged the said instrument to be the free. and voluntary act
and deed of said p~rtnership, . for the uses and purposes therein
tIlentioned, and on oath stated that he was authorized to execute the
said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and
year first above written. '
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NOTARY PUBLIC in and for the
state of Was~ington, residing
atKI.vc,SrPJ0, .
-My commission expires:ql.~1.1~.
AKBHDKElI'1' TO MASna DICLl\ltATION - 5
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