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HomeMy WebLinkAboutLog193 e Barbara Nightingale e Page 1 of 1 From: Elizabeth Van Z [evz@cablespeed.com] Sent: Thursday, November 02,20064:25 PM To: Barbara Nightingale Cc: Les Powers; Bruce Schmitz; Lewis Hale; Bert Loomis Subject: Trendwest proposal, Ludlow Cove II property Barbara, Please include the attached governing documents of the Ludlow Maintenance Commission in the log of submittals for the Ludlow Cove II consolidated application prior to the Nov. 3rd hearing Thanks Elizabeth Van Zonneveld 11/2/2006 LO~ ItEM ~;:!j of S '\ It e TYPICAL RESTRICTIVE AND PROTECTIVE COVENANTS COVERING THE PLATS OF PORT LUDLOW NOS. 1,2,3,4,5 AND 6 (For verification as to each plat, reference must be made to the recorded Declaration filed on each subdivision.) POPE AND TALBOT, INC., (herein "Grantor"), a Washington corporation hereby declares and certifies restriction upon the land subject hereto as follows: 1. Membership in Maintenance Commission: The owner of each lot in platted land now or hereafter subject hereto shall, by such ownership, be a member of LUDLOW MAINTENANCE COMMISSION, INC. (herein "Maintenance Commission"), a non- profit corporation, formed under the laws of the State of Washington, and shall continue a member thereof while an owner, subject to the Articles and Bylaws of said corporation: "owner" for purpose hereof is the person (or if more than one, then collectively) entitled by deed or real estate contract to the occupancy of a lot or lots in the platted land subject hereto. 2. Assessments and Lien: The Maintenance Commission is empowered to establish assessment upon lots in platted land subject hereto for the common benefit of such lots as to utilities, roadways, property protection, drainage, landscaping, insurance, improvement, and payment of taxes upon common property and the holding of ownership or leasehold therein, or otherwise for common purposes, all as determined pursuant to the Articles and Bylaws of the Maintenance Commission. Such assessments shall constitute a lien upon each such lot as of the due date thereof, and such lien may be foreclosed by the Maintenance Commission in the same form and manner of procedure as the foreclosure of a real property mortgage lien under the laws of the State of Washington, each owner, and each party hereafter owning or claiming an interest in one or more lots within the platted land subject hereto, agreeing and recognizing that expenses of title examination and assurance, costs of attorney of the Maintenance Commission, 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 therefore against lots within the plats subject hereto shall, as to each lot, first arise when the same is first sold by deed or real estate contract from the Grantor herein, its successors or assigns, as developer of a plat within the property described in Exhibit A to a grantee or contract purchaser thereof. Assessments shall be assessed and collected on a fair and uniform basis as among lots subject thereto, subject only to such reasonable differential as may be established by the Bylaws of the Maintenance Commission between improved lots and unimproved lots. 3. Land Use: Lots within the area now or hereafter subject hereto shall be utilized solely for single family residential use consisting of single residential dwelling and such outbuildings (garage, nor more than one guest cottage, patio structure) as consistent with permanent or recreational residence. Structure shall be of new construction and shall not be commenced until building permit or appropriate public body Q~t,-tA # ?...- ~oi-- page~ 1 e e is obtained, together with architectural control approved as provided in paragraph 4. Progress of construction shall be steadily progressed and exterior to be completed within twelve months from commencement of construction. No trailers, mobile homes, tent houses or temporary structures shall be installed upon any lot except solely as necessary during active construction period as limited. 4. Architectural Control Committee: No building or structure (including fences or any manmade obstruction) shall be built or placed or thereafter altered on any lot, nor shall a lot be cleared or excavated for use, nor shall any tree of six-inch or more breast- high diameter be cut, until after the details and written plans and specifications thereof disclosing clearing, size, materials, location, finish and elevation (and as to tree cutting, with specific identification of individual trees to be cut) have been submitted to and approved by the committee referred to herein. The Architectural Control Committee shall consist of five individuals who shall be appointed by and subject to removal or replacement by the Board of Trustees of the Maintenance Commission. Address of the Architectural Control committee shall be in care of the Maintenance Commission at its registered office, 208 Second and University Building, Seattle, Washington 98101, or at such other registered office location as may hereafter be established. Within thirty days of 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. If such plans and specification be so disapproved (or if conditionally approved, then unless the condition thereof be complied with) the projected construction shall not be undertaken, or if undertaken in violation hereof, may be abated by legal proceedings instituted by any party having an interest in the enforcement hereof as provided in paragraph 9 below at any time until but not after completion of the projected construction. Construction, clearing, or excavation undertaken without submitting details, plans, and specifications as aforesaid, shall be subject to action under paragraph 9 below, irrespective of time of completion thereof. The committee 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 enforcing an improvement use and occupancy of the platted area in a pleasing but not necessarily uniform combination of permanent residences and recreational homes. 5. Easement, Roads and Reserve Property: By this declaration, Grantor confirms the granting and reservation of easements, the dedication of public roads and the designation of reserve property, all as shown upon the Plat of Port Ludlow No. One, filed contemporaneously herewith, and reserves unto itself, successors and assigns, the right similarly to grant reserve, dedicate and designate such matters in future plats subjected hereto. Grantor reserves unto itself the right to transfer title or to contract therefore or to lease or grant the "reserve" property as designated upon the plat or plats which are subject hereto, to the Maintenance Commission, or to grant, contract or lease easements, rights or permits for utility services to any utility district, utility company or public body for purposes of installation, maintenance, replacement or extension of utility services useful to the area subject hereto. Title to the "reserve" property is reserved to the Grantor, its successors and assigns until transferred to the Maintenance Commission or public body. Use or enjoyment of the "reserve" property for any purposes or uses by or 2 It e for lot owners is permissive only, and no rights by prescription or adverse user as to the "reserve" property or any part hereof shall accrue in favor of any lot or lots owners. 6. Nuisance or Offensive Use: No nuisance or offensive use shall be conducted or suffered as to lots subject hereto, nor shall any lot be utilized for industrial or commercial use (excepting only, appropriate real estate signs not exceeding 30"x 30" in size, in sale of lots; Grantor further reserving unto itself, its successors and assigns, as to each plat which is filed or recorded as subject hereto, the right, for a period of five years from the filing ofthe respective plats to operate a conventional real estate sales or agency office upon an unsold lot within such plat), nor as a dump, nor shall there be kept animals or stock or any kind, other than conventional domestic pets (provided that the Maintenance Commission may establish permissive rules for the maintenance of trained riding horses). All garbage and refuse shall be stored on the owner's lot, in sanitary containers, obscured from public view and shall be regularly hauled by, or for the owner to public dump or other suitable dump site not within the area subject hereto. 7. Utilities: As to each lot in the area now or hereafter subject hereto, it is required, as a covenant running with the land, that, upon the raising or maintenance of a habitable structure thereon, there be established and maintained by the owner of such lot a connection with electric and water and sewer utility lines, each as then available to the lot, upon the contract terms (including lien rights for service) then prevailing by the utility district or company providing such services; and, as such utility services may become available at a later date, any then existing utility systems including water, sewer, electric, gas, cable television and telephone, shall be underground exclusively. There is reserved to the utility district or utility company providing utility service, the exclusive right to connect improvement upon the lots with the utility service lines, for which service the lot owner will pay the then prevailing price for such connection as charged by such utility district or company and the charges therefore shall together with regular utility service charges, be a lien upon the lot, subject on nonpayment to foreclosure action, including costs, interest and reasonable attorney's fees, as in the case of a real property mortgage lien. In those portions of the area subject hereto where sewers are or become available, the lot owner will, at the owner's expense and before occupancy of improvements upon the lot (or if sewer service lines become available after occupancy of improvements, then forthwith upon such availability), request connection thereof to the sanitary sewer line which is available for such service, the connection to be effected by the utility district or company providing such utility service, at its then prevailing charge for such connection. No pit (or equivalent) toilet facility shall be constructed or used and each residence shall, before occupancy, be connected at owner's expense with either: (i) septic tank and drain field as approved by public authorities and installed at owner's expense, if sewer service line is not then available, or (ii) available sanitary sewer service line, whenever such sewer service line is available. When and for so long as public water source shall be created or used for lots subject hereto and each residence structure shall be connected at owner's expense to such public water system. 8. Amendments: This declaration may be amended or terminated by duly recorded amendatory declaration, signed and acknowledged by owners (as said term is 3 # W~ ITEM Page /'1 of e e used herein) of at least 80% of all lots within platted areas which are then subject hereto (each lot being entitled to one vote), provided that no more onerous restrictions than those herein may be thereby applied as to have effect as to existing noncompliance therewith unless the same be unanimously so approved and recorded, and provided further than the right of assessment and lien and required utility connections, in favor of the Maintenance Commission, Utility District or company, as above provided may not be restricted or eliminated except as approved by resolution regularly adopted by the Board of Trustees of said Maintenance Commission. 9. Enforcement: In the event of violation of the terms hereof, any owner of any lot subject hereto, or the Maintenance Commission above provided for, may institute proceedings for abatement or injunction or for property subject hereto, each owner and the Maintenance Commission being recognized to have a proper interest in the matters herein provided for, and the matters provided for herein being recognized as specifically enforceable. 10. Severability: The provisions hereof are severable, and the invalidation of any part of parts hereof shall not thereby disqualify or invalidate the other provisions hereof which shall remain in full force and effect in accordance with their terms. 11. Integrity of Lots: Where the terms "lot" and "lots" are used in this declaration, the same refer to a lot or lots as platted according to a recorded plat thereof which is subject hereto, as executed and recorded in Jefferson County, Washington, by Grantor herein; and Maintenance Commission membership, assessments and liens, and restrictions of use, shall apply to lots as so platted; no platted lot shall be re-platted except as this declaration be so amended as specifically to permit the same, all in accordance with the requirements of paragraph 8 hereof, nor shall any division, re-division or consolidation of platted lots or portions thereof have the effect of relieving the application of restrictive covenants to the platted lots as platted. 4 ~ 1)'''''' iT~-I\" L,,", \~'::l ~ ! cJ 11 :r: - F~J~. ,;.~ , 0~~ 110\:;;. _" "- ."", ,~--'"= .,,,,J' e e BYLAWS Of the LUDLOW MAINTENANCE COMMISSION, INC., As Amended Through April 2006 ARTICLE I Membership SECTION 1. The membership of the corporation shall consist (in addition to the original incorporators, said incorporators being authorized to resign their membership) exclusively of the owners of lots or condominium project units under recorded plats in the Port Ludlow area of Jefferson County, Washington, as described in the Articles of Incorporation, as such plats may be or may hereafter be recorded by or for Pope & Talbot, Inc." or Pope & Talbot Properties, Inc.", or the successors or assigns thereof, if pursuant to such platting, restrictions and dedications be recorded by which membership in this corporation is afforded lot owners and condominium unit owners in such platted areas and condominium projects. With respect to all lots and condominiums that the platting, restrictions and dedications as recorded, afford membership in this corporation beginning after April 15, 2000, if construction is undertaken thereon before membership is effective, it shall be a condition of membership that approval for such construction shall have been obtained from the Architectural Control Committee pursuant to the provisions, including without limitation all design considerations stated in Article II and all procedures stated in Article III, of Regulation II of The Regulations of this Corporation. A purchaser under a contract of purchase shall be deemed an owner for membership purposes, and the term "owner" as used in these Bylaws shall include a contract purchaser or assignees and holders of record of the vendee's interest under any such contract. Membership shall be inseparably appurtenant to the lots and condominium units, tracts and ownership in the above described plat and plats contemplated thereby, and upon transfer of ownership by deed, court decree or otherwise, or upon the making of a contract of sale, membership shall be automatically transferred with the lot or condominium unit to the new owner or purchaser. No membership may be transferred in any other way. The term "owner" shall include any party otherwise qualified as an owner hereunder, and irrespective of whether such party be a natural person, corporation, partnership, association or other form of entity, provided that as to each such entity and ownership there shall be but one membership. SECTION 2. No member of the corporation shall have any right, title or interest in or to the whole or any part of the property or assets of the corporation, and no member shall be entitled to either the whole or any part thereof in the event of the termination of his membership in the corporation. SECTION 3. Each owner shall have one membership and one vote regardless of the number of lots or condominium units owned. A husband and wife holding a lot or condominium unit as 1 /q5... .f- .. " (j e e community property or two or more other persons holding jointly or as tenants in common shall be entitled collectively to one membership. Unless the Board of Trustees decides otherwise no certificates of membership need be issued. A new owner or purchaser shall become entitled to vote after establishing his ownership or contract interest to the satisfaction of the secretary. The personal representative of a deceased member shall have all that member's rights, privileges, and duties. SECTION 4. No member may withdraw from the corporation except on transfer of the lot or lots or condominium unit or units to which his membership is appurtenant. No compensation shall be paid by the corporation upon transfer of membership and no member whose membership is transferred shall thereafter be entitled to share or participate in any of the property, facilities or benefits provided by the corporation except to the extent of continued membership by reason of ownership of another lot or lots or condominium unit or units. SECTION 5. The Board of Trustees, or any officer designated by it, may, in accordance with procedures prescribed by the board, exclude any member from the use or enjoyment of the facilities and benefits of the corporation for delinquency in payments required of members or for failure to comply with the Articles of Incorporation or Bylaws of this corporation, or with the rules arid regulations established by the board. ARTICLE II Meetings of Members SECTION 1. Annual Meeting. The annual meeting of the members of the corporation shall be held on the third Saturday in April of each year at two (2:00) o'clock P.M. at the corporation's Beach Club in Port Ludlow, Washington, or at such other time or place as may be designated by 'the Board of Trustees for the convenience of the membership. SECTION 2. Special Meetings. Special meetings of the members may be called by the president, a majority of the board of trustees, or by the owners having ten percent (10%) of the votes of the corporation. 1 SECTION 3: Executive Session. Upon the affirmative vote in open meeting to assemble in closed session, the board of directors may convene in closed executive session to consider personnel matters; consult with legal counselor consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the association, and matters involving the possible liability of an owner to the association. The motion shall state specifically the purpose for the closed session. Reference to the. motion and the stated purpose for the closed session shall be included in the minutes. The board of directors shall restrict the consideration of matters during the closed portions of the meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed or agreed to in closed session may become effective unless the board of directors, following the closed session, reconvenes in open meeting and votes in the 1 Revision approved by a vote of the membership April 15, 2006 2 lL.i:D8 (."ff.L~......~...."~ J..... ... -_._--~.._--- -- -- .--......--.......---- e e open meeting on such motion, or other action which is reasonably identified. The requirements of these subsections shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure.2 SECTION 4. Notice of Meetings. Except as otherwise provided in this Article, notice of every meeting of the members of the corporation stating the date, hour, and place of the meeting and the general purpose or purposes thereof shall be mailed by the secretary to each member entitled to vote, at least fourteen (14) days prior to the date of the meeting. Ifmailed, the notice of the meeting shall be deemed to be delivered when deposited in the United States mail addressed to the member at his or her address as it appears on the records of the corporation, with postage thereon prepaid. Notice of any meeting of the members may be waived in writing by any member at any time, either before or after the meeting, and attendance at the meeting in person or by proxy shall constitute a waiver of notice of the meeting by the member or members so attending. SECTION 5. Attendance and Quorum. Attendance at and participation in meetings may be in person or by proxy. A quorum is present throughout any meeting of the members of the corporation if the members to which thirty-four percent (34%) of the votes of the corporation are allocated are present in person or proxy at the beginning of the meeting, regardless of whether the members are owners of lots or condominium units.3 SECTION 6. Recessed Meetings. If a meeting be recessed to a later date, upon further written notice of at least seven (7) days to the members, a quorum shall be deemed to be present at such reconvened meeting provided that at least one-half the number are there present who would regularly constitute a quorum~ SECTION 7. Special Matters. In any membership action to be taken for amendment of the Articles of Incorporation or for liquidation or dissolution of the corporation or for sale or disposition of the principal assets of the corporation or for the imposition of restrictions on the availability of corporate properties or facilities to members or for the imposition of a capital assessment upon the members or for amendment of this section, an affirmative vote in favor of such action shall require a two-thirds affirmative vote of the participating lot-owner-members and a two-thirds affirmative vote of the participating condominium-unit-owner-members, and shall also require the affirmative vote of members owning a least fifty percent (50%) of the combined number of lots and condominium units as served or authorized to be served hereunder. "Participating" as used here shall mean attending in person or by proxy at an annual or special membership meeting.4 2 Revision approved by a vote of the membership April 15. 2006 3 Revision approved by a vote of the membership April 20. 2002 4 Revision approved by a vote of the membership April 16. 2005 3 LOGJJEM # /q3 . Page q of e e ARTICLE III Board of Trustees SECTION 1. Composition and Function. Except as otherwise prescribed in these Bylaws, the affairs of the corporation shall be managed by a Board of Trustees composed of nine individuals. To be eligible for election as a trustee a person must either be a member of the corporation, or must have a financial interest in a member of the corporation by virtue of being a stockholder, or partner in a member, or be nominated by such a member. Three of the trustees shall be nominated and elected by the owners of condominium units served by the corporation; the other six trustees shall be nominated and elected by the owners of subdivision lots served by the corporation. SECTION 2. Election and Tenure. An election of trustees shall be held at each annual meeting of the members of the corporation. Except for any additional elections or confirmations caused by vacancies on the board, three trustees shall be elected each year at such meetings. Each trustee so elected shall hold office for a term of three years and until his successor is elected and qualified. A trustee may be reelected to successive terms. The terms of office of the nine trustees shall be so staggered that the regular terms of one condominium-owner-representative trustee and two lot-owner-representative trustees expire each year. a) Election of trustees representing condominium unit owners shall be conducted separately from election of trustees representing lot owners during the meeting. Nomination of and voting upon condominium-owner representative candidates shall be limited to condominium-unit-owner members. Nomination of and voting upon lot-owner representative candidates shall be limited to lot-owner-members. A member who owns both a lot and a condominium unit shall declare which class of trustees he wishes to vote for and shall participate either as a condominium-unit-owner or as a lot owner, but not as both. Nominations may be prepared in advance by the associations representing condominium owners and lot owners, but this shall not bar additional nominations from the floor at the annual meeting. b) For purposes of electing condominium-owner-representative trustees, no distinction is made between the various condominium owners' associations. c) In event of failure to hold an election of trustees at any annual members' meeting, or in the event of failure to hold any annual members' meeting as provided for the these Bylaws, election of the trustees may be held at a special meeting of the members called for that purpose. SECTION 3. Vacancies. Except as otherwise provided by law or in these Bylaws, vacancies in the Board of Trustees, whether caused by resignation, death, or otherwise, shall be filled by a vote of the remaining members of the board at their next succeeding meeting, provided that each replacement trustee shall be an individual who holds the same class of membership interest (i.e., as a lot owner or a condominium-unit owner) as the trustee so replaced; and provided further, that if the unexpired term so filled extends beyond the date of the next annual membership 4 :' ,:,;;.:\,V~^ I,J ),' -'ri ~_J!f) " ~C:lc,..-, ._~....~~ e e meeting, such replacement trustee's continued service shall be subject to vote at that meeting by members of the same class of membership, either confirming such Trustee or electing a different individual to finish the unexpired term. SECTION 4. Regular Meetings. A regular annual meeting of the Board of Trustees shall be held without other notice than this By-Law, immediately after and at the same place as the annual meeting of members, for the purpose of seating new trustees and electing officers. Additional meetings shall be held each month on a regular day and at an established time and place to conduct the affairs of the corporation. SECTION 5. Special Meetings. Special meetings of the Board of Trustees may be called by or at the request of the president or by any five trustees. Notice of any special meeting of the Board of Trustees shall be given at least four (4) days prior to the meeting by written notice delivered personally or sent by mail or electronic means (e.g. e-mail, facsimile) to each trustee at hislher address or electronic address as shown by the records of the corporation, which notice shall include the general purpose or purposes of the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail in a sealed envelope so addressed, with postage thereon prepaid. If notice be given by electronic means, such notice shall be deemed to be delivered when a notice bearing the last known electronic address of the intended recipient has been sent and evidence of such electronic notice is contained in the files of the sender. Any trustee may waive notice of any meeting, either before or after the holding of said meeting. The attendance of a trustee at any meeting shall constitute a waiver of notice of such meeting.5 SECTION 6. Quorum. A majority of the Board of Trustees shall constitute a quorum for the transaction of business at any meeting of the board. SECTION 7. Removal of Trustees. The entire Board of Trustees or any individual trustee may be removed from office by vote of members at a special meeting of the members called for that purpose. Only members of the same class of membership interest (i.e., condominium-unit owners, or lot owners) as a trustee proposed to be removed shall vote upon the resolution for that trustee's removal. An affirmative vote by a majority of such members actually voting shall be required to cause removal. If the entire board or anyone or more trustees is so removed, replacement trustees may be elected at the same meeting. SECTION 8. Power and Authority of the Board of Trustees. The Board of Trustees shall have full power and authority in the following matters: a) To elect or appoint or to remove, at its discretion, all officers, committees, agents and employees of the corporation, and to prescribe their duties and fix their compensation, subject to restrictions elsewhere in these Bylaws. b) To make such expenditures as the board deems expedient; provided, however, that the members of the corporation, by resolution adopted by a two-thirds vote at any meeting of members, may restrict the amount of expenditures which can be made by the board without prior approval of the members. 5 Revision approved by a vote of the membership April 17. 2004 5 LOG 'TEM #/rJ Page fa of e e c) To establish and collect annual dues to be paid by the members of the corporation for yearly operations and maintenance and for accumulation of appropriate reserves. The dues limit for each year after 1994 shall be Three Hundred Dollars ($300.00) per lot or condominium unit adjusted to reflect the percentage change in the Consumer Price Index ("CPI") from August 1, 1994 through the end of the first half of the latest preceding year. The actual dues established for a given year by the Board of Trustees may be less that the dues limit. The dues limit shall be adjusted upward if the CPI change is positive and downward if the CPI change is negative. The CPI figures used shall be those issued by the United States Department of Labor, Bureau of Statistics, for the Seattle- Tacoma- Bremerton for urban consumers (all items - all consumers). In addition, the Board of Trustees may recommend special assessments to meet unforeseen needs or emergencies. No such special assessment may be imposed without approval by a majority of members participating in person or by proxy at an annual or special membership meetirig.. d) To manage and conduct the affairs and business of the corporation and generally do and perform or cause to be done and performed any and every act which the corporation may lawfully do and perform; provided, however, that the Board of Trustees shall not have power to borrow money on behalf of the corporation unless authorized by a majority vote of the members of the corporation participating in person or by proxy at an annual or special meeting called for that purpose. e) To acquire by conveyance, contract, lease or otherwise, property and rights of occupancy of property for the common benefit of the property of the members of the corporation; to improve said property by the erection of structures, utilities and facilities; to rent the same to members of the corporation or to organizations of members of the corporation, or to others, all upon such terms and subject to such rules and regulations as the trustees may determine. f) In the name of the corporation to enforce and foreclose the lien of assessments of the corporation as may be necessary for the collection thereof; to designate representatives to serve as Architectural Control Committee for the property of the members hereof arid to enforce the provisions of restrictive covenants and documents pertaining to the lands served by the corporation, by the institution of litigation or otherwise. g) To establish a budget of income and expenditure of the corporation and authorize the expenditure of funds for corporate purposes, including operations, maintenance, provision of services, payments of taxes upon common property, and accumulation of appropriate reserves. Minor capital expenditures such as, but not limited to, furniture, equipment, modification of structures, etc., may be paid for out of reserves at the discretion of the Board of Trustees, but major capital expenditures, such as new buildings, large additions to buildings, etc., shall first be approved by a majority vote of members participating in person or by proxy at an annual or special membership meeting. 6 Revision approved by a vote of the membership April 16, 2005 ~-I'1 ,/, - ,.' j?-..----, 6 e e If a capital assessment is also necessary it shall require an approving vote of members as specified in Article II, Section 6 of these Laws.7 h) The board shall instruct the Finance Committee at least annually, to prepare, or cause to be prepared, a financial statement of the association. The financial statement of the association shall be audited at least annually by an independent certified public accountant, but the audit may be waived if sixty-seven percent (67%) of the votes cast by owners, in person or by proxy, at a meeting of the association at which a quorum is present, vote each year to waive the audit.8 i) To procure and maintain such forms of insurance as the board may deem appropriate as to risks pertaining to the corporation or to the obligations or interests of its members. j) The Board of Trustees shall not make political or charitable donations of the corporation funds or property. k) To adopt and cause to be enforced rules, regulations and restrictions upon the use of the corporation's properties and facilities, including but not limited to hours of use, control of noise, enforcement of safety precautions and otherwise; to establish and apply reasonable conditions (including fees and the imposition and collection of rental and use charges for Commission facilities) for the extension of guest privileges to non-member guests, including tenant occupants oflots or condominium units. The Board of Trustees is not authorized to adopt or enforce discriminatory rules or regulations or restrictions as between lot-owner-members and condominium unit-owner-members. 1) The Board of Trustees may appoint a General Manager9 who may exercise the authority of the Board of Trustees between formal meetings of the board, provided that all such authority so exercised shall be reported to the next meeting of the Board and submitted for approval by the board. Failing such approval, such action of the General Manager shall not be effective after the meeting of the Board of Trustees at which considered except to the extent that formal continuing undertakings may have been made on behalf of the corporation. m) Except as otherwise limited hereby, the Board of Trustees shall have power and may exercise the rights and duties customarily devolving upon a corporation board of trustees for any and all purpose not inconsistent with the purposes and powers of the corporation pursuant to its Articles and these Bylaws. SECTION 9. Use of Communications Equipment. Meetings of the Board of Trustees may include participation by one or more trustees by conference telephone or similar communications equipment; provided that all trustees participating in the meeting can hear one another. Each trustee agrees that any such meeting may be recorded with or without specific notice of recording having been given. 7 Revision approved by a vote of the membership April 16, 2005 8 Revision approved by a vote of the membership April 15, 2006 9 Revision approved by a vote of the membership April 15, 2006 7 LOG ITEM # IC;3 Page/v of e e ARTICLE IV Officers SECTION 1. Election of Officers. At the first meeting of the Board of Trustees after each annual meeting, or at a continuation of that first meeting if necessary, the Board of Trustees shall elect a president, vice president, secretary and treasurer from within the new board membership. Officers so elected shall hold office for a term of one year or until their successors are qualified. Individuals may be reelected to the same office as long as they continue as trustees. The retiring president is elected, but shall vote only ifhis or her term as a trustee continues. Any officer may be suspended or removed and replaced by a majority vote of all of the trustees. SECTION 2. Compensation of Officers. No trustee or officer shall receive any salary or compensation for performing the regular duties of his or her office. He or she may, however, receive compensation as an employee for serving in a dual capacity and performing additional duties. Out-of-pocket expenses incurred for the corporation may be reimbursed. SECTION 3. President. The president shall preside at all meetings of the trustees and of members and shall have and exercise, under the direction of the Board of Trustees, the general supervision of the affairs of the corporation. Subject to approval by the Board of Trustees, the president shall appoint committees and supervise employment of paid staff. The president shall hear the concerns of members and see that the corporation is represented in matters affecting its interests. SECTION 4. Vice President. The vice president shall preside at meetings in the absence of the president and in case of the absence or disability of the president shall perform all other duties of the president. SECTION 5. Secretary. The secretary shall: a) Issue notices of meetings; b) Keep or supervise the keeping of accurate minutes of meetings of the Board of Trustees and of the members; c) See that a currently accurate record of the names and addresses of the members is maintained and available at all times; d) See that the records of the corporation, including minutes, regulations, committee reports, correspondence, contracts, etc., are properly and securely filed in a master file and readily accessible; e) Plan and organize fOl; the registration and voting of members attending in person or by proxy at any meeting of the members; 8 I-~G ITEM #( "5 Page I ~ of e e f) Be custodian of the corporate seal and impress papers with the seal where required; and g) Perform other duties as appropriate. SECTION 6. Treasurer. The treasurer shall: a) Keep and maintain or cause to be kept and maintained adequate and correct accounts of the properties and business transaction of the corporation. The books of account shall at all times be open to inspection by any members; b) Keep safely all moneys and securities of the corporation and disburse the same under the direction of the Board of Trustees; c) Cause the funds of the corporation to be deposited in a bank or banks approved by the Board of Trustees; d) Issue and present a full statement showing in detail the condition of the affairs of the corporation at each annual meeting of the members and at any time as directed by the trustees. The treasurer will assure that the financial statement of the association shall be audited annually by an independent certified public accountant. The audit may be waived if sixty-seven percent (67%) of the votes cast by owners, in person or by proxy, at a meeting of the association at which a quorum is present, vote each year to waive the audit. (See Bylaws, Article III, Section 8.)10 e) Direct preparation of operating budgets and financial plans; f) Be responsible for the planning, procurement and maintenance of insurance coverage in forms and amounts approved by the Board of Trustees; and g) Perform other duties as appropriate. SECTION 7. Combined Offices. Any two offices except that of president may be combined and held by a single trustee if the Board of Trustees so directs. 10 Revision approved by a vote of the membership April 16, 2006 9 # rOf! JEM Page 4 of e e ARTICLE V Committees SECTION 1. Standing Committees. The following committees are regarded as necessary to the corporation and shall function on a permanent basis. a) Architectural Control Committee. The primary function of this committee is to approve or disapprove applications for proposed clearing or construction on members' privately owned properties. Guidelines and procedures for this function shall be promulgated by the Board of Trustees from time to time as Regulation II: Land Improvements. This committee shall also serve as a consultant to the Board of Trustees for projects involving design, construction, or alteration of the corporation's own facilities. It shall consist of at least five individuals. Alternate committee members may be appointed at the discretion of the Board of Trustees. I I b) Greenbelt Committee. The primary function of this committee is to manage the corporation's undeveloped greenbelt areas for the benefit of all members. Guideline and procedures for this function shall be promulgated by the Board of Trustees from time to time as Regulation III: Greenbelt Policy. "Managing" includes such activities as planning and initiating projects to maintain or improve greenbelt areas and approving or disapproving members' requests to use greenbelt areas or to cut or trim trees upon or to clear away brush from greenbelts. This committee may perform other land-related services requested by the Board of Trustees. It shall consist of at least five individuals. Alternate committee members may be appointed at the discretion of the Board of Trustees12. c) LMC Operations Committee. The primary functions of this committee are to: (1) Monitor the operation and maintenance of all buildings, grounds, and physical facilities of the corporation, except those undeveloped greenbelt areas managed by the Greenbelt Committee; 13 (2) Monitor the use of all facilities by members and authorized guests;14 (3) Recommend policies and rules of use to the Board of Trustees; guidelines and procedures for functions (1), (2) and (3) shall be promulgated by the Board of Trustees from time to time as Regulation IV: LMC Facilities; (4) Monitor compliance and institute enforcement procedures related to Regulation I, Land Use, as promulgated by the Board of Trustees. 15 11 Revision approved by a vote of the membership April 16. 2005 12 Revision approved by a vote of the membership April 16. 2005 13 Revision approved by a vote of the membership April 15. 2006 14 Revision approved by a vote of the membership April 15. 2006 15 Revision approved by a vote of the membership April 15. 2006 10 lOG ITEM # fCf] Page /5' of e e This committee shall consist of at least five individuals. Alternate committee members may be appointed by the Board of Trusteesl6. d) Finance Committee. The primary function of this committee is to assist the treasurer in carrying out the duties of his/her office. The committee will, in cooperation with the treasurer, review the association's compliance with financial policies on no less than a quarterly basis. The committee will report variances in financial activities in relation to the current budget to the trustees on no less than a quarterly basis. The committee will assist the treasurer in the preparation of the proposed annual budget. This committee shall also serve as a consultant to the Board of Trustees with respect to all matters involving investment or expenditure of the corporation's funds and other financial matters of interest to the Board of Trustees. The committee shall consist of at least five individuals including the treasurer. Alternate committee members may be appointed by the Board of Trustees.17 e) Covenants & Regulations Committee. The primary function of this committee is to draft and propose to the Board of Trustees changes to the corporation's Restrictive and Protective Covenants, Articles of Incorporation, Bylaws, and Regulations that may be requested from time to time by the Board of Trustees or by the other standing committees. It shall consist of at least five individuals. Alternate committee members may be appointed by the Board of Trustees. 18 f) Communications Committee. The primary function of this committee is to oversee communication efforts on behalf of the LMC Board of Trustees, committees and management of the corporation. The Communications Committee shall assure that corporation business, including operations and management information, is regularly conveyed to all members in a factual and clear manner; that both written and electronic means are employed (e.g., newsletter, web site); and that avenues for member input are publicized. The committee shall consist of at least five (5) individuals.19 SECTION 2. Service Committees. The Board of Trustees may establish other committees for purposes helpful to the board or of benefit to the members of the corporation. These committees may continue from year to year or be restructured or discontinued at the pleasure of the board. SECTION 3. Ad Hoc Committees. Ad hoc committees may be appointed from time to time for special assignments. Such committees may be appointed by the president of the Board of Trustees and shall serve until their work is finished or the committee is dissolved. SECTION 4. Appointment and Tenure of Committees. Within one month after the annual meeting of members each year, the president of the Board of Trustees shall appoint a non-trustee chairman to head each of the standing and service committees and shall also appoint two trustees to serve as members of each standing committee. In consultation with the president, each chairman shall select the remaining members of his or her committee, ordinarily from outside the 16 Revision approved by a vote of the membership April 16, 2005 17 Revision approved by a vote of the membership April 16, 2005 18 Revision approved by a vote of the membership April 16, 2005 18 Communications Committee: addition approved by vote of the membership April 15, 2006 11 lOG IteM # I cr ) Page_/C_Of_ ---, fit e Board of Trustees. Committee chairmen and members are appointed for one '-year terms but may be formally reappointed annually for additional terms. All appointments shall be reported to and approved by the Board of Trustees and published to all members at the first opportunity. The Board of Trustees may remove and replace committee chairmen or members at any time. Vacancies on committees shall be filled promptly in a manner similar to the above.20 ARTICLE VI Fiscal Year The fiscal year of the corporation shall be the calendar year. ARTICLE VII Seal The Board of Trustees shall provide a corporate seal, which shall be in the following form: (SEAL) ARTICLE VIII Assessments SECTION 1. Assessment may from time to time be assessed by the corporation against its members for the corporate purposes as set forth in the Articles ofIncorporation and herein. The assessments shall be levied at a uniform rate as to all lots and condominium units to which membership in this corporation is appurtenant, without preference of any kind (excepting only special services undertaken for limited areas at the request of the owners thereof on a reimbursement basis; and excepting further such reasonable differential as may be determined by the Board of Trustees as between the benefits afforded to improved and unimproved property respectively). Proceeds of such assessments shall be expended exclusively for the purposes set forth in the Articles of Incorporation and herein. The subjection of lots and condominium units to assessment hereunder, and to lien thereof, shall first arise as to each lot or condominium unit when the same is first sold by deed or real estate contract by or for Pope & Talbot, Inc." or Pope & Talbot Properties, Inc." to a grantee or contract purchaser thereof (excluding transfers, ifany, from Pope & Talbot, Inc." to Pope & Talbot Properties, Inc.,); such deferral not however limiting the membership right and vote of the developer-owner prior to such sale. SECTION 2. Payment of annual dues or of any assessment shall be due within thirty (30) days after invoice and will be subject to a late payment penalty determined by the Board of Trustees. The amount of said penalty shall be stated on the invoice furnished to each member. The assessment or charge, together with all expenses, attorneys' fees and costs reasonably incurred in enforcing the same, shall be a personal obligation of the member assessed, enforceable by the 20 Revision approved by a vote of the membership April 20. 2002 12 LOG ITEM # IrJ Page / 7 of e e corporation in a court action. The assessments, charges, attorneys' fees, and costs shall also constitute a lien against the lot or condominium unit owned by the member and which is so assessed or charged and the lien shall be enforceable by foreclosure proceedings in the manner provided by law for foreclosure of real property mortgage liens. The lien hereof shall not affect third parties except as to the extent that a notice of claim of lien be placed on record in the office of the Jefferson County Auditor. Such liens shall be superior to any and all other liens except liens of record prior to the date of assessment of the lien and except general taxes. ARTICLE IX Amendment of Bylaws SECTION 1. Except as restricted in Section 2 below and in Article II, Section 6, these Bylaws may be amended, altered, or repealed at any regular or special meeting of the members if notice of the proposed alteration or amendment is contained in the notice of the meeting; provided that an affirmative vote in favor of such action shall require the affirmative vote of a majority of the participating lot-owner members and the affirmative vote of a majority of the participating condominium unit-owner members. "Participating" as used here shall mean attending in person or by proxy. SECTION 2. No amendment of these Bylaws shall create any discriminatory provision as to the rights and duties of members herein as between lot-owner members and condominium unit- owner members; nor shall these Bylaws be so modified as to permit assessment, charge or lien against members or property owned by them for any purpose other than as herein provided, excepting only as such members, each for himself, may consent thereto in writing. ARTICLE X Dissolution In the event of the dissolution of the corporation, each person who is then a member shall, for each lot or condominium unit then owned by him, receive his pro rata share of the assets after all its debts have been paid and after suitable dedication to the public has been effected as to common property essential or appropriate as appurtenances to the lots and condominium units subject hereto. 13 lOG ITEM # IV Pagel of_ e e ARTICLE XI Indemnity SECTION 1. In this Article the following terms have the meaning set forth in this section. (a) "Action" means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative. (b) "Officer" means a trustee or officer of the corporation, or chairman or member of a standing or ad hoc committee of the corporation. (c) "Expenses" means expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred in connection with an action. (d) "Loss of an action" means termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere21 or its equivalent, against the interest of the officer. (e) An officer acts "in good faith" ifhe or she acts in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of this corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. SECTION 2. Except as provided below, the corporation shall indemnify against expenses each officer who was oris a party or is threatened to be made a party to any action by reason of the fact that he or she is or was an officer of the corporation ifhe or she acted in good faith. The loss of an action shall not, of itself, create a presumption that the officer did not act in good faith. SECTION 3. In the event of an action by or in the right of the corporation to procure a judgment in its favor against an officer, no indemnification shall be made in respect of any matter as to which an officer is adjudged to be liable for negligence or misconduct in the performance of duty to this corporation, unless and only to the extent that the court having jurisdiction shall determine that, despite the adjudication of liability and in view of all of the circumstances of the case, such officer is fairly and reasonably entitled to indemnity for expenses. To the extent that an officer is successful on the merits or otherwise in defense of any action referred to in this section, or in defense of any matter therein, he or she shall be indemnified against expenses. SECTION 4. Any indemnification under this Article XI (unless ordered by a court) shall be made by the corporation only upon a determination in the specific case that indemnification of the officer is proper in the circumstances because he has met the applicable standard of conduct set forth in this Article XI. Such determination shall be made (a) by the Board of Trustees by a majority vote of a quorum consisting of trustees who were not parties to such action, suit or 21 Translation: Latin :"1 will not contest" 14 ~,.,. OG ITEM #1-/ , Page - r?':- of <~,' -, e e proceeding, or (b) if such a quorum is not obtainable, or even if obtainable if a quorum of disinterested trustees so direct, by independent legal counsel in a written opinion to the corporation or (c) by a majority vote of the members. SECTION 5. Expenses incurred in defending an action may be paid by the corporation in advance of the final disposition of the action if authorized by the Board of Trustees in a particular case upon receipt of an undertaking by the officer to repay such amount unless it is ultimately determined that he or she is entitled to be indemnified under this Article XI. SECTION 6. Any right to indemnification under this Article XI shall not exclude any other rights to which those seeking indemnification may be entitled and shall continue as to a person who has ceased to be an officer and shall inure to the benefit of the heirs, executors, administrators and personal representatives of such a person. SECTION 7. The corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was an officer against any liability asserted against him or her and incurred in any such capacity or arising out of his or her status as such, whether or not the corporation would have the power to indemnify the officer against such liability under the provisions of this Article XI. CERTIFICATE OF ADOPTION Original Bylaws were adopted by the incorporators and members of Ludlow Maintenance Commission, Inc., on May 8, 1968 by R.D. Bruce, Robert E. Baird, Alan Hoelting, L.H. Hemila, and Vance L. Wood. 15 # Page lO(fJM 0--0 of e It LUDLOW MAINTENANCE COMMISSION, INC. INTRODUCTION TO REGULATIONS The following Regulations prescribe: The land use, The land improvements, and The Greenbelt Policy, with respect to all property included in Port Ludlow Nos. 1,2,3,4,5,6, 7, Ludlow Bay Village and Oak Bay Short Plat. They also prescribe: The use of the Beach Club and other facilities owned by Ludlow Maintenance Commission, Inc., and The enforcement of these regulations. Authority for these regulations is contained in the Ludlow Maintenance Commission, Inc. Articles ofIncorporation and Bylaws and in the Restrictive Covenants recorded in the Records of Jefferson County, Washington, with respect to the properties included in Port Ludlow NQs. 1,2,3,4,5,6, 7, Ludlow Bay Village, and Oak Bay Short Plat. 1. Ludlow Maintenance Commission, Inc. Ludlow Maintenance Commission, Inc., which after this is referred to as "the LMC", is a nonprofit corporation established for the purposes set forth in Article VI of its Articles of Incorporation. The committees referred to below operate subject to the control ofthe LMC. 2. The LMC Operations Committee.l The LMC Operations Committee carries out the provisions of Article V, Section l(c) and performs other duties as assigned by the LMC Board of Trustees. 3. The Architectural Control Committee. The Architectural Control Committee, which after this is referred to as "the ACC," is the committee that carries out the provisions of Regulation II pertaining to Architectural Control. 4. The Greenbelt Committee. The Greenbelt Committee is the committee that carries out the provisions of Regulation III pertaining to designated reserve areas referred to as greenbelt. 5. Definitions:2 a. In these Regulations, "Owner" refers to an owner (or if more than one, then collectively) of a lot or condominium unit, or a purchaser of either under a contract of lRevision approved by the Board of Trustees, July 9, 2005 2 Defmition of Reserve, Common and Greenbelt Properties approved by the Board of Trustees, Mroh2ffE.M #J11~~ Page e e purchase, in the platted subdivisions and condominium projects covered by the LMC Articles of Incorporation. An owner can be a natural person, corporation, partnership, association or other form of entity, provided that as to each entity and ownership there shall be only one membership. Each owner shall have only one membership, regardless of the number of lots or condominium units owned. b. "Occupant" refers to the one or more persons actually occupying a lot or condominium unit, whether or not they are the owner. c. "Reserve Property" refers to a provision in a deed which keeps (reserves) to the grantor's successors (the LMC) some right or portion of the property. i. "Common Property" is designated improved "reserve" areas owned, maintained and administered by the Ludlow Maintenance Commission (LMC) which all owners may use and each owns through the corporation a percentage interest. Common areas may include: recreation facilities, parks, parking lots, greenbelt, and all other jointly used space. ii. "Greenbelt Property" is designated unimproved "reserve" areas referred to as greenbelts. The LMC greenbelts are a suitable blend of native growth areas managed by the LMC Greenbelt Committee. 6. Additional Rules and Regulations. Acting under the Covenants, Articles of Incorporation and Bylaws, the LMC may make and enforce additional rules and regulations over and above applicable State and County Codes. 7. Amendment. These Regulations are subject to future amendment and addition at the discretion of the LMC. REGULATION I LAND USE The following Regulation prescribes the land use for all property included in the recorded plats of Port Ludlow Nos. 1,2,3,4,5,6, 7, Ludlow Bay Village, and Oak Bay Short Plat. REGULATION I ARTICLE I RESTRICTIONS & REQUIREMENTS 1. General Uses. The general uses which may be made of the land in Port Ludlow Nos. 1,2,3,4, 5,6, 7, Ludlow Bay Village and Oak Bay Short Plat are described in the recorded Restrictive ~ :# ;z...yot--- page .::--- 2 e It Covenants. 2. Single Family Residential Use. Lots are restricted to single family residential use, including rental or other non-owner residential use of the property. 3. No Nuisance, Industrial or Commercial Use. a. No nuisance shall be conducted or permitted on any lot, nor shall any other offensive use be made of it. Without limiting the generality of the foregoing: i. It shall be a nuisance subject to the prohibition of this subparagraph for an owner to permit to remain on his or her lot a tree, dead or alive, that may reasonably be expected to be blown down and injure or damage the person or property of another. If the Operations Committee determines that any tree is a hazard, the owner shall be informed by registered mail and ordered to remove said tree within 30 days of receipt of notice? ' ii. It shall be a nuisance subject to the prohibition of this subparagraph for any owner or owner's contractor to cause or permit loud noise to be heard out of doors before 8:00 a.m. or after 6:00 p.m. No internal combustion electrical generation or air compression equipment shall be used except in emergency situations such as storm related power outages. 111. It shall be a nuisance subject to the prohibition of this subparagraph for any owner, or any person with the owner's permission, to discharge any air gun, sling shot, cross-bow or bow-and-arrow in such a way that the projectile or arrow can go beyond the boundary of the owner's property or that any person on the owner's property is put at risk. b. No lot shall be utilized for industrial or commercial purposes, but appropriate real estate signs, not exceeding 30" x 30" in size, advertising a particular lot may be placed upon it. 4. No Dumbing; Concealment of Garbage Cans and Trash Areas. No lot shall be used as a dump. Trash areas and, except on pickup days, garbage cans shall be concealed from the view of adjacent properties and roads at all times. 5. Animals, Stock and House Pets. No animals or stock of any kind, other than conventional house pets, shall be kept on any lot, except a lot where livestock is permitted under the terms of the applicable restrictive covenants. No animal or stock shall be allowed to become a nuisance or detriment to the neighborhood. 6. Parking and Storage of Vehicles. Only automobiles, vans and pickup type trucks (not to exceed one-ton capacity) normally used for personal transportation may be parked on driveways or elsewhere on any lot. The parking of RV's, mobile homes, boats, either on trailers or otherwise, commercial vehicles, or temporary structures are prohibited. 3 Revision approved by the Board of Trustees, DecemlJ,~rlO,2005 t3~,:_>'~<;~:"j ~ L ~~.~ e e 7. No Encroachment. There shall be no encroachment upon reserve areas or easements. 8. Maintenance. Owners and occupants of improved lots shall maintain the grounds and improvements on their premises in a neat, clean and attractive condition, and in good repair, and in such fashion as not to create a fire hazard. Such maintenance shall include, without limitation, painting, repair, replacement and care for roofs, gutters, downspouts, exterior building surfaces, walks and other exterior improvements, and glass surfaces. In addition each owner and each occupant of an improved lot shall keep all shrubs, trees, grass and plantings of every kind on his or her lot neatly trimmed, properly cultivated, and free of trash, weeds and other unsightly materials. Damage caused by fire, flood, storm, earthquake, riot, vandalism, or other causes shall likewise be the responsibility of each owner. 9. Trees, Shrubs and Views. Views and sunlight are important to owners and occupants for reasons of enjoyment and property value; so, when landscaping their own lots, owners and occupants should select varieties of shrubs and trees which will not grow higher than the roof height limit set for their lots by the ACC. Hedges, shrubs and rows of trees planted by owners or occupants along property lines shall be pruned so as not to exceed a height of eight feet. A scattering of tall evergreens is encouraged, however, to enhance the beauty of the neighborhood as long as views from neighboring lots are not unduly impaired. Trees of six inches or more breast high diameter may not be cut, therefore, without authorization pursuant to Regulation II, Article I, Paragraph 2. When owners or occupants of developed or undeveloped lots elect to prune or remove hedges, shrubs or other brush, or trees from their lots, trunks and branches shall be removed or burned within a reasonable time not to exceed six months. If the trunks, branches or other debris are gathered into a burn pile, the pile shall be removed or burned within two months. 10. Outdoor Burning.4 The wooded environment of Port Ludlow where an open fire creates a serious hazard necessitates community control of open fires. Outdoor burning is generally discouraged. Burning of yard debris on owner's property is permitted only under the following limited conditions: a. A burn permit must be obtained from the local fire department before burning occurs. All open fires on a member's property shall be in strict compliance with the conditions and guidelines set by the Jefferson County Fire Protection District No.3, Port Ludlow Fire and Rescue and described in the Residential Burning Permit issued by that agency. b. Only one open fire fueled with wood, brush or yard clippings and limited to four (4) feet in diameter shall be allowed at any time. The burning of garbage is prohibited. c. The burning of lot-clearing debris and construction materials is strictly prohibited. Such debris and material must be removed and disposed of in an appropriate manner. (See Regulation II, Article I, 9 and 10). 4 Revision approved by Board of Trustees, February 11,2006 'fG. ITEM # I f_ Page ""JG( of 4 tit e The use of charcoal and gas cooking grills on private property is allowed. 11. Landlord Requirements. a. Leases. Any lease or rental agreement between an owner and a tenant shall provide: (1) that the terms of the tenancy shall be subject in all respects to the provisions of the Covenants, Articles of Incorporation and Bylaws of the LMC and any rules and regulations established by the Board of Trustees; and (2) that any failure by the tenant to comply with the terms of such document shall be a default under the lease or rental agreement. All leases and rental agreements shall be in writing. b. Notification. Any owner who leases or rents their property shall notify LMC in writing of: (1) the name and mailing address of any tenant; and (2) the term of such lease or rental agreement. The purpose of this notification is to provide the tenant with copies of LMC Rules and Regulations. REGULATION I ARTICLE II ENFORCEMENT 1. Monitoring Compliance. The LMC Operations Committee is responsible for monitoring compliance with Article I of this Regulation. 3. Institution of Enforcement Proceedings. In the event of violation of the terms of these Regulations, any owner of any lot subject to the Restrictive Covenants of Port Ludlow Nos. 1, 2,3,4,5,6, 7, Ludlow Bay Village, and Oak Bay Short Plat of the LMC may institute enforcement proceedings as provided in Regulation V, which by this reference is incorporated in this Regulation. REGULATION II LAND IMPROVEMENTS The following Regulation prescribes the conditions to which Owners of lots in the recorded plats of Port Ludlow Nos. 1,2,3,4,5,6, 7, Ludlow Bay Village and Oak Bay Short Plat are subject with respect to improvement of their property. REGULATION II 5 LOG \TEM # (C/J p;:Qe:kr=-of - - - e e ARTICLE I APPROV AL REQUIREMENT 1. Approval Required.5 No lot shall be cleared or excavated for construction, nor shall percolation testing holes be dug, until ACC approval is received. All construction on any property, including exterior lighting, is likewise subject to approval as prescribed in this Regulation. 2. Cutting of Trees. No tree of six inches or more breast high diameter shall be cut, topped, or limbed until it has been individually identified to be cut and ACC approval is received. In determining whether or not to approve an application to cut, top, or limb a tree, consideration shall be given to the following: a. Views and sunlight are important to owners and occupants for reasons of enjoyment and property value; b. A scattering of tall evergreens is encouraged to enhance the beauty of the neighborhood, as long as views from neighboring lots are not unduly impaired; and c. An important function of large trees is absorption of runoff; so trees should not be cut if a drainage problem will be created. d. If the Operations Committee determines that a tree is a hazard and, therefore, a nuisance under Regulation I, Article I, Paragraph 3 (a), it is required to inform the owner by registered mail and order the tree's removal by the owner within 30 days of receipt of notice. The Operations Committee shall inform the ACC of all such removal orders.6 3. Orientation and Location of Structures. The orientation and location of houses and other structures on lots are subject to approval by the ACC. 4. Exterior Remodeling, Rebuilding, Repainting or Restaining. No building, structure, fence, obstruction or other installation that was originally subject to ACC approval shall have exterior remodeling or rebuilding, without additional ACC approval in advance. The ACC approval shall state the time limit within which the remodeling or rebuilding is to be completed, which may be extended at the discretion of the ACC. Exterior repainting or restaining must conform with the design considerations set forth in Article II of this Regulation. 5. Antennas: Homeowners are encouraged to use the commercial cable television service to receive television in their homes. Radio and television antennas may be permitted. Objections from adjoining neighbors will be considered. 5 Revision approved by the Board of Trustees, March 3, 2005 6 Revision of No. 2(d) approved by the Board of Trustees, December 10, 2005 6 LOG ITEM # 117 Page ?--~ of e e a. The following types of antennas may be installed without, additional ACC approval: multi-beam, long wire, single element whip, and parabolic that is 20" across or smaller. Parabolic antennas exceeding 20" across, fixed tower antennas for ham radios, and all other antennas not described in the preceding sentence require specific ACC approval. b. Homeowners shall adhere to the following criteria for installing antennas: the antenna shall be within the house or attic or, if outside, it shall be either below the ridgeline of the roof or away from the house and masked by shrubbery, so that its visibility is minimized to the extent possible consistent with technical requirements for adequate reception. Tower antennas for ham radios are also subject to Article II, paragraph 20 and Article III paragraph 11 of this Regulation II. 6. Survey. The ACC shall require permanent property corners for each lot to be determined by a licensed surveyor before granting any required approval of a request for clearing, or for construction of an improvement. The ACC may, in their discretion, waive the necessity for a survey in cases where clearing is limited solely to brush and does not involve construction. 7. Agreements Not Valid. No agreement made by ACC or any member of ACC or any trustee of the LMC with the owner of any lot with respect to improvement of a lot owned by another person, including any matter whatsoever covered by this Regulation II, shall be valid. 8. Contractor. The contractor being used for any work that is subject to ACC approval, shall also be approved by the ACC. The ACC may withhold approval only of a contractor who has or has had a project that is in violation of these Regulations, or the ACC may approve such a contractor on the condition that the contractor provide a bond in a sum satisfactory to the ACC to assure compliance with these Regulations. An ACC decision to withhold approval of a contractor or to require a bond is subject to appeal under Regulation II, Article III, Section 4. 9. Lot Clearing.? Forty-eight (48) hours written notice must be received by the ACC prior to removal of any tree six-inches or more breast high diameter or for lot clearing preparatory to construction. All lot clearing debris and construction materials must be removed and shall not be burned on site. For maintenance of developed and undeveloped lots see Regulation I, Article 1(9). 10. Burning. 8 All lot clearing debris and construction materials must be removed from the construction site and disposed of in an appropriate manner. It is forbidden to burn any amount of such debris and/or material on site. REGULATION II 7 Revision approved by Board of Trustees, February 11,2006 8 Revision approved by Board of Trustees, February 11,2006 7 LOG \TEM #_ (93 Page ~,7 of_ e e ARTICLE II DESIGN CONSIDERATIONS In order to minimize interference with the enjoyment of nearby lots and establish an improvement use and occupancy of the platted area in a pleasing but not necessarily uniform combination of personal residences and recreational homes, the ACC shall exercise in good faith its discretion to approve or disapprove plans and specifications for improvements, on the basis of the following design considerations.9 1. Stories. In general, all houses should be single story except on sloping sites that lend themselves to two stories or daylight basements. 2. Compatibility. All houses and structures shall be as compatible as possible with their natural surroundings and with each other. 3. Height. No part of a proposed structure shall be so high that it unreasonably interferes with the view from other dwellings. The ACC is authorized to limit the maximum height of proposed structures whether or not views will be affected. 4. A-frame houses. A-frame houses generally will not be approved. 5. Modular. Manufactured/Sectional Mobile and Other Pre-constructed Homes. Modular, manufactured, sectional mobile and certain pre-constructed homes will not be approved. 6. Garages and Carports. At least a single carport or garage and connecting access driveway shall be required at each residence. Garages and carports must be connected to residences, except where this is prevented by unusual topography. 7. Minimum Square Footage. The minimum size for a house, excluding garage, shall be a minimum of 1,450 square feet of living area. Design consideration shall include compatibility to the surrounding neighborhood homes. 8. Front Lot Line Setback. The setback of every portion of the structure, including the over-hang of eaves, decks, etc., shall not be less than 20 feet from the front property line. In case of a corner lot, the setback of every portion of the structure, including the over-hang of eaves, decks, etc., shall not be less than 20 feet from the property line on each street. 9. Adiacent Lot Line Setback. The setback of every portion of the structure, including the over- hang of eaves, decks, etc., shall not be less than five feet from the side and back property lines. In the event that both the lot on which the structure is being built and the adjacent lot are owned by the same member, the setback may be reviewed by the ACC to ascertain that there will be no objection from the adjoining owners. Ifpermission is granted to build over the adjoining lot lines, the setback requirement with respect to the inside common lot line may be vacated, and 9 Article II, Design Considerations: 5, 7, 11, 12, 16, 16 (a) Rev. approved by the Board t~effeW\ 12,2005 #~ page~01-- 8 e e the setback of every portion of the structure, including the over-hang of eaves, decks, etc., shall not be less than 15 feet from the outside side property lines. 10. New Materials. Houses shall be of new construction, using new materials, wood, stone or bricks for exterior finishing. Used bricks may be approved. Asphaltic covering shall not be used as finished exterior siding. 11. Roofs. Roofs shall be made of materials approved by the ACC with a life expectancy of no less than 40 years. 12. Stains and Paints. The use of wood stains in lieu of paints is acceptable. Bright paint exteriors, other than trim or accent panels, will be approved only in unusual situations. 13. Screening of Garbage Cans and Trash Areas. House plans must provide for the screening of garbage cans and trash areas from the view of adjacent properties and roads. 14. Utilities. All utilities shall be underground and power meters mounted on the structure. For the purposes of this section, "utilities" refers to pipes, sewers, conduits, cables, lines, wires and manholes associated with water, sewer, electric, gas, cable television and telephone systems. It does not refer to gas, oil, water or other tanks. All such tanks are structures subject to ACC approval. All power meters shall be mounted on the structure. 15. Exterior Lighting. Exterior lighting shall not be ofa type or size that will intrude upon other homes or on streets. 16. Fencing. Fencing on properties is generally discouraged so as to maintain the natural character of the North Bay. Fences may be permitted on a case-by-case basis. Objections from adjoining neighbors will be considered. a. All fencing materials, finishes, designs and placement must be approved by the ACC. Effective March 12,2005 chain link fencing will not be approved. b. Except on lots where livestock is permitted under the terms of the applicable restrictive covenants, fence height will be restricted to no more than six (6) feet, and containment fencing must not extend beyond the front of the home; fencing to the street line will not be approved. c. The establishing of fence lines in relation to the adjoining properties is entirely the owner's responsibility. 17. Exterior Ornamentation. Exterior ornamentation of all structures, landscaping, name signs and the like shall be consistent with the character ofthe neighborhood. 18. Newly Developed Materials. Any other provision of this Article to the contrary notwithstanding, the ACC may approve the use of newly developed materials. 9 LOG ITEM #JV- page_Z~of e e 19. Tower Antennas. Guyed tower antennas are not permitted. Applications for radio or television antennas mounted on fabricated retractable towers, which are usually located apart from the residence, will not be approved unless: a. The proposed location is inconspicuous; b. The proposed antenna will retract below the roof ridge line; c. The applicant agrees to maintain the antenna in a fully lowered position when not in use; and d. The applicant accepts responsibility for radio, television and telephone interference, and agrees to correct such problems promptly. The ACC will evaluate, both numerically and qualitatively, the responses of owners contacted with respect to the proposed antenna and will consider its effect on other properties, the owners of which have not been contacted, and on the community as a whole. 20. Tanks: All gas, oil, water and other tanks larger than ten gallons that are placed upon a lot forward of the front of the home shall be underground. The ACC may approve the placement of such tanks above ground upon the sides or rear of a lot provided that they are kept from view by screening approved by ACC. REGULATION II ARTICLE III PROCEDURES 1. Requests for ACC Approval: Identification of Affected Owners. a. Requests for any ACC approval required by Regulation II, Article I, are to be directed to: Architectural Control Committee Ludlow Maintenance Commission, Inc. P.O. Box 65060 Port Ludlow, W A 98365 Requests shall be made in writing, by the owner. Requests shall name the contractor that is to do the work described in the request and shall state whether the contractor is properly licensed, registered and bonded and whether there are any claims against the contractor's bond. 10 b. The ACC shall give written notification to property owners that are within 300 feet of the proposed construction request. Notice of all requests shall be promptly given by the ACC by posting the same on the Beach Club bulletin board or on the street side of the property with respect to which the request is made. Any owner who considers himself or herself 10 Revision approved by the Board of Trustees December 10, 2005 10 LOG \TEM #--13) - page~ot- e It affected by a request and wishes to preserve their right to object to it and the right to appeal an approval of the application by the ACC shall, within 15 days after the notice is given, identify himself or herself in writing to the ACC and file a written statement of any objections that he or she may have at that time. Owners filing an appeal shall receive a written response from the ACC.11 2. Consultation. Building Plans and Specifications. Prior to preparation of house plans, owners must consult with the ACC concerning the design considerations and other requirements. Request for ACC approval of building plans shall be accompanied by payment of a non- refundable fee of Five Hundred Dollars ($500.00) for new construction and a non-refundable fee of Two Hundred Fifty Dollars ($250.00) for an addition that increases the exterior footprint and/or that increases square-footage by adding a second story. One set of written ,plans and specifications must accompany the request for approval, including the following: a. A plot plan of the lot, drawn to a scale of not less than 1/8" per 1 '0" indicating: (1) The legal description of the lot or lots; (2) A North arrow for orientation; (3) The location of all existing and proposed improvements, including any future carport or garage and driveway; (4) The proposed drainage plans; (5) If the property is not on the sewer, the proposed location of the septic tank and drainfield; (6) The location of all utility installations; and (7) The location of all evergreen trees having a breast-high trunk diameter of six inches or more, with an indication of any of them that the owner proposes to remove. b. A floor plan drawn to a scale of not less than 1/8" equals 1 '0". c. Four major exterior building elevations with floor grades all measured from the bench- mark described in sub-paragraph 2.f. below. d. A roof plan drawn to a scale of not less than 1/8" equals 1 '0". (This roof plan and the floor plan required by sub-paragraph 2.b above, may be combined.) e. An outline description of the materials and colors proposed for use upon all exterior building surfaces. f. A topographic plat plan showing as contours the existing and proposed finished lot 11 Revision approved by the Board of Trustees December 10, 2005 11 V)G\TEM .# 11) Page 3 1- of e e grades and their elevations in feet and inches on a 20' grid, with the roof outline superimposed upon it. The elevations are to be measured from a permanently fixed and identifiable benchmark established on the centerline of an adjoining street. 3. ACC Decision. Within 30 days after submission to the ACC ofa request for approval, together with plans and specifications if required, the committee shall in writing approve or disapprove the request. Any decision of the ACC which refuses in whole or part to give the approval requested shall state all reasons for the refusal to approve the proposed work. Any decision of the ACC which denies in whole or in part an objection to a request shall state all reasons for the denial of the objection. The committee's decision shall be delivered in person to the owner requesting the approval or deposited in the U.S. Mail addressed to that owner's address shown on the request for the approval, or if none, as shown on the records of the LMC. If any owner has identified himself or herself as affected by the request, the committee's decision shall likewise be delivered to that owner. 4. Appeal of ACC Decision. An owner who has filed a request or who has identified himself or herself as a party affected by a request may, by complying with subparagraph [a] below, appeal to the Board of Trustees ofthe LMC any decision of the ACC. a. An appeal may only be taken within 30 days after the date on which notice of the ACC decision is delivered to the owner or affected party. The appeal must be in writing and must state all reasons relied upon for reversing or modifying the ACC decision. The appeal must be delivered in person or deposited in the U.S. Mail addressed to the President or Secretary of the LMC. b. The LMC shall meet and act upon the appeal within 60 days after delivery of the appeal to the LMC. The LMC shall notify the owner who filed the request, any other owner who identified himself or herself as affected by the request, and the ACC of the place and time the LMC meeting will be held. c. The LMC may at the beginning of the meeting set such procedural rules for the meeting as the LMC finds appropriate. If the appeal is based in whole or in part on objections or other matters not presented to the ACC, the LMC may refer the decision back to the ACC for reconsideration. The owner(s) or affected parties or representative(s) of the owner(s) or affected parties may present factual and legal reasons why the ACC's decision should be reversed or modified. The ACC or its representative may respond. d. The LMC may retain the services of one or more experts or other persons that it finds appropriate to assist it in disposing of the appeal under such terms and conditions as it decides. e. The final decision of the LMC to affirm, reverse or modify the ACC's decision shall be in writing. A copy of the LMC's decision shall be delivered in person to the parties involved or deposited in the U.S. Mail addressed to their addresses shown on the records of the LMC. If the LMC reverses or modifies the ACC's decision, the ACC shall immediately meet and take such action as is necessary to comply fully with the action directed by the LMC's 12 LOG lTEM # __tr 3 Page 5.)....:::01 - - e e decision as is necessary to comply fully with the action directed by the LMC's decision.12 5. Commencement of Construction. Construction shall not be begun on any portion of a project until: a. The owner has received ACC approval; b. The owner, or someone to whom the owner has delegated full authority with respect to the construction, and the contractor have had a pre-construction meeting with the ACC; c. The 30-day period within which an appeal may be taken has expired without the filing of an appeal, or the right to all affected parties to appeal has been waived, or if an appeal was filed, the LMC has met and acted upon it, or the 60-day period for the LMC to do so has expired; and d. The owner has delivered to the ACC a copy of the Building Permit and a file copy of the building plans bearing the statement: "Plans as submitted for Jefferson County Building Permit" and the signature of the owner and the owner's contractor. Should construction not commence within six months of ACC approval, the applicant may apply for a six-month extension. If construction has not begun by the end of the extension (12- months total), the original application expires, and the applicant must submit a new application, except for the non-refundable Five Hundred Dollars ($500.00) for new construction and Two Hundred Fifty Dollars ($250.00) for additions that increase the exterior footprint and/or increases square-footage by adding a second story, which shall apply to the subsequent process. 13 6. Commitment to Construct in Accordance with Approved Plans and Specifications. The owner will be required at the time of approval of plans and specification to sign a statement that the structure will be constructed in accordance with the approved plans and specifications. No changes in the exterior of the building, or its sitting as described in the plans, may be made without prior approval of the ACC. 7. Filing of Approved Plans. One set of approved final plans and specifications, together with all relevant correspondence, will be filed by the ACC for reference for a period of not less than six years. 8. Foundation Forms. The owner or builder will in writing notify the ACC at the time foundation forms are in place ready for pouring, so that their location with respect to the approved plot plan and approved grades may be verified. Owners will be responsible for staking property corners and furnishing an adequate survey of the property which establishes lot boundaries. If the ACC determines that the compliance of the location or grades of the foundation forms with the approved plot plan and approved grades needs to be verified, the committee shall notify the owner or builder to obtain verification from an engineer designated by the committee. The owner or builder will bear the cost of the verification. 13 i.,Y~ "EM # ,-, - Paa~- J;}~-~,. ..,< ,---- ..., 12 Revision approved by the Board of Trustees May 14,2005 13 Revision approved by the Board of Trustees October 11, 2004 e e 9. Continuous Progress and Exterior Completion. Progress on construction shall be continuous. The exterior and the driveway, pathway and other approaches shall be completed within 12 months after the start of construction. 10. Roofing Materials. The owner or builder will, in writing, notify the ACC at the time that roofing materials are on the site and ready for installation, so that the ACC can inspect them and verify their compliance with the application. The ACC shall perform such verification within one week of receipt of notification. The owner or builder shall not install the roofing until ACC verification has been received or until one week has passed without ACC inspection. 11. Disat>proval. If the ACC refuses in whole or part to give the requested approval, the project shall not be undertaken, or if undertaken in violation of this Regulation, may be abated by arbitration or legal proceedings. 12. Tower Antennas. The ACC will promptly contact owners who may be affected by a proposed tower antenna to inform them of the proposed structure and to learn their reaction to it. The ACC will promptly notify the applicant and all respondents of its decision with respect to the proposed antenna. The applicant shall have the rights of appeal set forth in paragraph (10) above. Any respondent who has objected to the application may, by following the procedures stated in paragraph (10) above, appeal to the Board of Trustees of the LMC any decision of the ACC which approves in whole or in part the proposed antenna. If a respondent has objected to an application, a decision of the ACC approving in whole or in part the proposed antenna will not take effect until 60 days after the objecting respondent has been notified of the decision. If within the 60 days the objecting respondent appeals the decision ofthe ACC to the Board of Trustees of the LMC, the decision of the ACC shall not take effect until the appeal has been decided. 13. Percolation Testing. Before starting to dig percolation test holes, owners must provide the ACC with a plot plan of the lot, drawn to a scale of not less than 1/8" per 1 '0", indicating exactly where the percolation test holes will be dug, together with a Five Hundred Dollar ($500.00) deposit to cover the cost of covering up the holes. If the ACC is not required to expend the deposit to cover up the holes, the deposit shall be returned to the owners. 14. Construction Standards: 14 (a) Reserve/Greenbelt Property: The property owner, contr,actor or any other person associated with construction is prohibited from damaging the reserve/greenbelt property during construction, or use of any portion of the reserve/greenbelt property for storage or other activities relating to construction. Roadways and adjoining lots shall be kept clean and free of debris arising from construction activities. (b) The Construction Site: Owners, contractors and others, shall keep a clean construction site. All construction debris, lumber remnants and scrap materials shall be removed from the site after each phase of work. In lieu of removal from the site, the ACC may allow the 14 Construction Standards approved by the Board of Tmstees, July 9, 2005 14 LOG iTEM #1- 1"1 Page ..:I5(- of e e use of a dumpster on the site. If allowed, the dumpster will be emptied on a regular , schedule so as not to constitute a danger or an eyesore. Chemical toilets shall be placed on the construction lot, not in the street or on adjacent properties. (c) Noise Control: Contractors, owners and others, shall restrict all noise-producing construction activities to the hours of 8:00 a.m. to 6:00 p.m. Under no circumstances shall electrical generation or air compression equipment powered by internal combustion be used except in emergency situations such as storm-related power outages. (See: Regulation I, Article I (3)(ii).) From time to time utility and drainage easements will be approved (see Typical Restrictive Covenants (5) and Regulation I, Article I (7)). Such requests must be submitted to the appropriate authority for approval. REGULATION II ARTICLE IV ENFORCEMENT 1. Monitoring Compliance. The ACC is responsible for monitoring compliance with Article II of this Regulation. 2. Institution of Enforcement Proceedings. In the event of violation of the terms of these Regulations, any owner of any lot subject to the Restrictive Covenants of Port Ludlow Nos. 1, 2, 3, 4, 5, 6, 7, Ludlow Bay Village and Oak Bay Short Plat or the Ludlow Maintenance Commission may institute enforcement proceedings as provided in Regulation V, which by this reference is incorporated herein. 4. Prior Actions. Any prior actions under previous Regulations do not set a precedent. 15 LOG ITEM .#' ~O) /' .' - J. S Page ~ of -= e e REGULATION III GREENBELT The following Regulation governs the administration of the "Greenbelt" areas, which are designated as Reserve Areas and Drainage Areas on the recorded plats of Port Ludlow Nos. 1, 2, 3, 4, 5, 6, 7, Ludlow Bay Village and Oak Bay Short Plat, and are not on properties owned by owners. REGULATION III ARTICLE I POLICY 1. Management of Greenbelt Areas. The Greenbelt Committee shall manage all of the greenbelt areas in the recorded plats of Port Ludlow Nos. 1,2,3,4,5,6, 7, Ludlow Bay Village and Oak Bay Short Plat. 2. Goals and Intentions. The goal of the Greenbelt Committee is to create a suitable blend of native growth areas. Acting in concert with owners and occupants immediately affected, the Greenbelt Committee will maintain the greenbelt areas, consistent with its goal, to the extent possible with the resources available. To that end, the Greenbelt Committee will clear and clean up greenbelt areas, and individual owners and occupants are encouraged to further improve the greenbelt areas adjacent to their lots, subject to approval of the Greenbelt Committee. 3. Liaison with Jefferson County. The Greenbelt Committee shall maintain liaison with the Jefferson County Maintenance Department to assure proper county attention to Port Ludlow problems, other than road or drainage, that are within the scope of county provided maintenance. REGULATION III ARTICLE II GENERAL PROCEDURES 1. Management Plan. The Greenbelt Committee shall keep current a Greenbelt Plan for progressive greenbelt and drainage easement maintenance. The Greenbelt Committee Skilll annually present the Greenbelt Plan to the LMC with a request for the budget ~~"~~arry out the Greenbelt Plan. The budget request shall include one or more provis\o'rr's'1or a ""',,~~~?'''''' contingency fund, for the displacement of low priority maintenance prwe~8f~" ?age ---- 16 LOG ITEM #.-JJ? Page 3-l2-- of - e, e to enable the Greenbelt Committee to perform emergency maintenance. The LMC shall review the Greenbelt Plan and provide to the Greenbelt Committee a time-phased budget that will enable the Greenbelt Committee to carry out the Greenbelt Plan, as approved by the LMC. 2. Approval Required. The Greenbelt Committee shall not undertake without the approval of the LMC any project for the development or maintenance of the greenbelt areas or drainage easements that will cause the Greenbelt Committee to exceed materially its budget then in effect. The Greenbelt Committee shall present to the LMC for approval proposals for all such projects. Where practical, the proposals shall include cost bids. LMC approval shall be obtained before work on the project is contracted for or started. 3. Contact with Affected Owners. With respect to all maintenance, development and improvements exceeding $500, or leasing or relinquishment of greenbelt area, whether or not included in the Greenbelt Plan, the Greenbelt Committee shall contact all property owners within 300 feet for notification of the pending action to be taken by the Greenbelt Committee. 4. Priority. In preparing and carrying out its Greenbelt Plan, the Greenbelt Committee shall give first priority to emergency maintenance and the removal of hazards, including dead trees and snags. The priority given to all other work shall be at the sole discretion of the Greenbelt Committee. In exercising its discretion, the Greenbelt Committee may, but is not required to, give priority to those projects with respect to which adjoining lot owners will agree to participate substantially in the work or expense of the project, or will agree to maintain a newly planted area. REGULATION III ARTICLE III WORK ON, USE OF AND INFRINGEMENT ON GREENBELT AREAS 1. Scope of Application of Restrictions. All constraints and restrictions upon work on, use of, and infringement on greenbelt areas shall apply equally to owners, occupants and owners' contractors building improvements on owners' lots. 2. Prohibited Activities~ Dumping of trash, building debris, stumps, logs and rocks on greenbelt areas or drainage easements is prohibited. Any other work on, use of, or infringement on greenbelt areas or drainage easements that tends to damage or destroy them or that is for any illegal purpose is also prohibited. 3. Approval Required. Except for pruning and limbing trees and other vegetation expressly permitted under the terms of the applicable restrictive covenants to enhance and preserve lot views of mountains and water protected by a view easement, no lot owner shall work on, use or infringe on greenbelt areas without the approval of the Greenbelt Committee. 4. Request for Approval. Requests by owners for approval of work on, use of, or infringement upon greenbelt areas shall be presented in writing to the Greenbelt Committee. The request 17 LOG ITEM # J.:i) Page] 7 -- of e e shall include a full waiver of adverse property rights. 5. Considerations. The Greenbelt Committee shall exercise in good faith its discretion to approve or disapprove requests by owners for approval of work on, use of, or infringement upon greenbelt areas on the basis of the following considerations, among others: a. Permanent structures or facilities generally will not be allowed; b. Suitable plantings, tree trimming or removal, and vine or brush removal will generally be allowed; c. Clean-up may be required as a condition of approval; d. The Greenbelt Committee may declare that trees taken down in a greenbelt area are the property of the Port Ludlow community. 6. Communication of Decision. The approval or disapproval by the Greenbelt Committee of a request by an owner for approval of work on, use of, or infringement upon a greenbelt area shall be delivered in writing to the owner making the request. REGULATION III ARTICLE IV ENFORCEMENT 1. Monitoring Compliance. The Greenbelt Committee is responsible for monitoring compliance with Article III of this Regulation. 2. Institution of Enforcement Proceedings. In the event of violation of the terms of this Regulation, the Ludlow Maintenance Commission may institute enforcement proceedings as provided in Regulation V, which by this reference is incorporated herein. LOG ITEM # I ~'3 LOG iTEM p"", <7 <.1 # - ~ .....e --'-'L oC~;ge - .. of = e e REGULATION IV LMC FACILITIES'5 The following Regulation controls the use of the Beach Club and other facilities owned by the Ludlow Maintenance Commission, Inc. (LMC), and prescribes the conditions under which membership cards are issued and the conditions and limitations upon guest cards and guest privileges in connection with the use of such facilities. REGULATION IV ARTICLE I DEFINITIONS 1. Member: "Member" refers to "Owner-Member, Contract Member and Long-Term Renters." 2. Owner Member: An "Owner-Member" is an owner as described in the Bylaws of the Ludlow Maintenance Commission and entitled to an owner-membership card pursuant to Article 3, Paragraph 1 hereof. 3. Member In Good Standing: A "Member In Good Standing" is: a. A member who has paid all club payments, charges, fees, assessments, and late fees in compliance with the Covenants, Articles of Incorporation, Bylawss, and Regulations of the LMC; b. A member who IS m compliance with the Covenants, Articles of Incorporation, Bylaws and Regulations of the Ludlow Maintenance Commission, Inc. 4. LMC Assessments: "LMC Assessments" are assessments made by the LMC under the authority of the Articles ofIncorporation and the Bylaws of the LMC. They are due upon notice of the assessrnentlevy. 5. Contract-Members: "Contract-Members" are owners oflots or condominium units within the boundaries of the Master Planned Resort (MPR) of Port Ludlow not covered by the Articles of Incorporation of the LMC, and property owners residing on Ludlow Bay Road and streets adjoining Ludlow Bay Road: although not owner-members, they are, upon payment of an annual fee, entitled to use the facilities. Contract-Members are not entitled to vote.'6 15 Revision of Regulation IV approved by the Board of Trustees, August 13,2005 16 Revision of No. 5 approved by the Board of Trustees, December 10,2005 19 lOG ITEM #115 Page 3!f- of e e 6. Facilities: The "Facilities" covered by this Regulation are all physical improvements owned or supervised by the LMC. They include, but are not limited to, the Beach Club, including the pool areas and dressing and shower facilities, the Bridge Deck, Kehele Park, all tennis, pickle- ball and squash courts, all parking areas, RV storage area, all common area grounds including beach areas, and all equipment and accessories. 7. Facility Rules: "Facility Rules" are posted rules, approved from time to time by the LMC Board of Trustees, concerning use of the facilities as necessary for their specific management, in addition to the conditions stated in this Regulation. 8. Short-Term Renter Guests: In the event that LMC enters into an agreement which provides access to club facilities with a rental agent who manages condominiums, lots, and/or homes owned by owner-members, persons renting such properties for less than 30 days shall be referred to as "Short-Term Renter Guests." Short-Term Renter Guests shall be subject to the club rules and to all pertinent conditions in this Regulation. 9. Long-Term Renters: "Long-Term Renters" are long-term (30 days or more) tenants or lessees of the houses or condominiums that are owned by members and upon which their right to membership is based. Upon approval by the General Manager and payment of an annual fee, Long-Term Renters are entitled to enjoy the facilities under the same provisions as Contract Members. 10. Invited Guests: The term "invited guests" refers to: a. Houseguests of members who are issued a guest card for a defined period of time; and b. Guests accompanied by a member. Invited Guests acquire the privilege of using the facilities through invitation by members and are subject to the Facility Rules. REGULATION IV ARTICLE II GENERAL 1. Management of the Facilities. The LMC Operations Committee shall oversee the management of the facilities in accordance with the Bylaws of the Ludlow Maintenance Commission, Inc., Article V, Section 1 (c). 2. Use of the Facilities. The facilities may be used only by members and their families to whom Family Membership Cards are issued (described in Article III below), Invited Guests, and Short- Term Renter Guests. All persons using the facilities or on the facility premises are subject to LOG lTEM #YI3 Page -1"~. ot ._- ,- 20 ~ e It this Regulation and to the facility rules. A parent or responsible adult member will accompany and supervise underage children in accordance with posted rules. Members not in good standing may be denied use of the facilities. 3. Suspension. Members using the facilities are responsible for their behavior, the behavior of their guests and juveniles under their control. Members not in good standing may be suspended from use of the facilities. The right of any person to use the facilities is subject to immediate, temporary or permanent suspension for: a. Abusive language; b. Obscene, illegal, drunken or destructive behavior; or c. Violation of Facility Rules; while using the facilities or on the premises. 4. Check-in. All persons using the Beach Club shall sign in with the hostess on duty. 5. Identification. Valid identification as a member or as a guest is necessary for admittance to and use of the facilities other than meeting rooms. All persons using the facilities must have on their person a Membership Card or Guest Card. The card must be presented to the hostess on duty. The hostess on duty and other authorized personnel have the authority to question at any time the right of any person to use the facilities or to be on the premises. 6. . Lending Cards Prohibited. Neither members nor guests may lend their Membership Card or Guest Card to other persons or otherwise allow the use of the facilities in their name. 7. Group Use. Use of any portion of the facilities for specific private or group activity involving a greater number of persons than permitted under facility rules must be cleared and scheduled in advance with LMC management. Guest card privileges exclude group use. 8. Personnel. All concerns and questions regarding any employee with respect to performance of duties, courtesy, or authority to enforce facility rules shall be directed to the General Manager in writing using the appropriate form available at the Beach Club office. 9. Tipping Prohibited. Tipping any employee is prohibited. REGULATION IV ARTICLE III MEMBERSHIP CARDS 1. Entitlement. Except as provided in this Article, members are entitled to not more than two membership cards. Membership cards will be issued only for use by a member, for use by a 21 LOG ITEM # 113 Page -4-1- of e e person designated pursuant to paragraph 3 below, and for use by another adult living with the member. The General Manager will issue to Contract-Members and Long-Term Renters special membership cards in the same manner as to Owner-Members. Membership cards will be issued upon request provided the member has paid all prior and current assessments, fees and/or other obligations that the member owes to LMC, and is otherwise a member in good standing. 2. Term. Membership cards will be issued annually for a term from January 1 through December 31 of the current year. Expired cards are valid through February 1 of the year following the year of issue. 3. Joint, Multiple or Corporate Membership. Ifmembership is joint, multiple or corporate, the member must designate the one person to whom the membership card will be issued. The request for the designation will be made with the billing for the annual LMC assessment and the card will be issued upon return of the designation. The one person designated to receive the membership card will be considered eligible for family membership as described in 4 below. 4. Family Membership: a. a member, b. family members living in the same household, will be issued family membership cards as a courtesy on an annual basis for the same term as the Membership Card. These cards will be issued separately to each qualified family member upon the written request of the member to the General Manager. In the case of a minor child, the request for such cards shall contain the name and age of the child and the name of the parent for whom each card is requested. Members are responsible for the actions and conduct of the family members and any guests accompanying the family members while using the facilities. 5. Long-Term Renters: The Long-Term Renters (referred to in this paragraph as the "renter") will be issued Membership Cards upon approval by the General Manager of the renter's application and payment of the current applicable fee for member privileges. The term of the special card will be the same as the term of the renter's lease or tenancy, but not longer than the end of the calendar year, and the renter's fee will be prorated accordingly. If the term of the renter's lease or tenancy extends beyond the end of the calendar year, the renter may reapply for member privileges. The renter's fee for renewal will be the applicable fee for the member privileges for a full year, but the renter will be entitled to a prorated refund at the end of the renter's lease or tenancy, if it expires before the end of the calendar year. ~N\ tOGH"'" ~. ~ 4t I~~ p;; J.J:::- 0' 22 e e REGULATION IV ARTICLE IV GUEST PRIVILEGES AND GUEST CARDS 1. Invited Guests. Guest cards are provided as a courtesy upon request of members Csee Regulation IV, Article I: 10, above). A member must accompany invited guests not in possession of a guest card. Members assume responsibility for the actions of their guests while using the facilities. 2. Limitations. In order to avoid over-crowding and overuse of the facilities at the expense of members, the rules may limit the number of invited guests at anyone time and the frequency of invited guests. 3. Privileges Without Cards. Guest privileges will be extended without the issuance of specific guest cards to not more than five invited guests accompanied by a member. 4. Sales Personnel. Real estate sales personnel will be admitted with their prospective purchasers for the purpose of showing the facilities. 5. Issuance. Guest cards may be issued for a defined period of time, at the discretion of the General Manager, upon request made to the club hostess or the General Manager by a member, to other persons who from time to time may be permitted the privilege of using the facilities, such as: a. Houseguests wishing to use the facilities when not accompanied by a member, as provided in the Facility Rules. 6. Large Groups. The issuance of guest cards or the granting of guest privileges may not be used to permit organizations or large groups of individuals to use the facilities at anyone time. Specific-clearance for such group use of the facilities must be scheduled in advance with the General Manager. Large groups will not be issued guest cards. 7. The Privilege to Bring Guests. Possession of a guest card excludes the privilege of bringing other guests. 23 \...oG \\€.~ r\.-~3 ~ ~~_O\ ----- ~a.ge ~ e e REGULATION IV ARTICLE V ENFORCEMENT 1. Monitoring Compliance. The LMC Operations committee is responsible for monitoring compliance with Article IV of this Regulation. 2. Institution of Enforcement Proceedings. In the event of violation of the terms of this Regulation, the LMC may institute enforcement proceedings as provided in Regulation V, which by this reference is incorporated herein. REGULATION Vi? ENFORCEMENT AND APPEALS PROCEDURES ARTICLE I PRIMARY RESPONSIBILITY Standing committees of the LMC have the primary responsibility for enforcing the LMC Regulations as follows: 1. The LMC Operations Committee. The LMC Operations Committee enforces Regulation I, concerning land use, and Regulation IV, concerning the use of the Beach Club and other facilities owned by LMC. 2. The Architectural Control Committee: The Architectural Control Committee, -after this referred to as the ACC, enforces Regulation II pertaining to land improvements. 3. The Greenbelt Committee. The Greenbelt Committee is the committee that carries out the provisions of Regulation III pertaining to designated reserve areas referred to as greenbelt. 24 17 Revision of Regulation V approved by the Board of Trustees, February 11,2006 e e ARTICLE II PROCEDURES 1. Violations of LMC Regulations: The LMC Committees described in Article I above have primary responsibility for responding to violations of the LMC Regulations. In the event that an LMC committee having jurisdiction, hereafter referred to as the committee, determines that a violation has occurred, the committee shall contact the member who has committed the violation either in person or in writing to advise the member of the violation and to request corrective action. In the event that the member fails to take corrective action as requested, the committee shall confirm to the member in writing the following. a. The corrective action required to bring the member into compliance with the regulations of the LMC; b. The time limit required for such corrective action to occur; c. That the matter is being referred to the LMC Board of Trustees; d. That the member has the right to appeal, the time limit for the appeal, and any appeal form that may be required. Upon completion of the above, the committee shall make a report to the LMC of the unresolved violation and the steps taken to bring the member into compliance. 2. Appeals of Committee Decisions: Whenever a member files an appeal to the LMC Board of Trustees of a decision made by a committee under Article II, (1), above, the appeal shall be governed by the procedures set forth in 4 below. 3. Appeals of Affected Parties: a. An owner who identifies him/herself as a party affected by a decision of a committee may appeal that decision to the LMC Board of Trustees by complying with the procedures described in 4 below. b. A party who identifies him/herself as adversely affected by conditions on a neighboring property that are perceived to be a violation of the LMC Regulations, and having exhausted efforts for corrective action through the appropriate committee, may appeal to the LMC Board of Trustees for resolution following the procedures described in 4 below. Parties filing an appeal must provide the LMC Board of Trustees with one or more of the following items: i. Description of the alleged violation or condition; ii. Description of the negative impact of the alleged violation or condition on the appellant; iii. Description of the steps taken to reach a reasonable resolution between the disagreeing parties. 25 ( !f3G ITEM # ,/ Page l( 5 of e e Using its discretion, the trustees will determine if a hearing is warranted and notify the parties involved. 4. Appeals Procedures: The appeal shall be governed by the following procedures: a. Appeals must be filed in writing and delivered in person or deposited in the U.S. mail addressed to the president or secretary of the LMC within 60 days after the date of the committee letter; b. Review Board: At its discretion, the LMC Board of Trustees may appoint a three member impartial Review Board. One of those members will be designated as chair and shall proceed as follows: i. The Chair of the Review Board shall convene a meeting of all parties involved including the committee with jurisdiction over the matter under review; 11. The appellant and the committee shall present factual reasons why the committee's decision should be upheld, reversed or modified. The Review Board will then determine the facts of the matter and make an attempt to assist the parties in arriving at an agreeable resolution. 111. The Review Board shall report their findings to the LMC Board of Trustees. rfthe parties have not arrived at a resolution the Review Board may make unbinding recommendations to the LMC Board of Trustees. If no resolution is reached, the parties will move to step 5 below. c. The LMC Board of Trustees shall meet and act upon the appeal within 60 days after delivery of the appeal to the LMC Board of Trustees. The LMC Board of Trustees shall notify the appellant(s), and the appropriate committee of the place and time of the appeal meeting; d. If all parties agree, the time limit may be extended. 5. Preparation for an Appeal: The LMC president shall ensure that appropriate notice of the hearing is given to all parties. At least five (5) business days prior to the hearing all parties involved are encouraged to provide the Board of Trustees with supporting documents, photographs, and any other factual materials related to the appeal that will assist the board in making a determination. 6. Procedural Rules at the Hearing: At the beginning of the hearing the LMC Chair shall set procedural rules for the meeting. Any board member who has a conflict of interest in the matter shall recuse himlherself from the deliberations. -<~'" Go '\\ \,0] ~ ~J W../ 0\ * ;.v- ~3.9J0 26 e e 7. The Ruling: The final decision of the LMC Board of Trustees to affirm, reverse or modify the committee's decision shall be in writing. A copy of the decision with rationale and/or supporting documentation shall be delivered in person to the appellant or deposited in the U.S. Mail addressed to the appellant's address shown on the record of the LMC. If the board reversed or modified the committee's decision, the committee shall immediately meet and take such action as is necessary to comply fully with the action directed by the board's decision. ARTICLE III ENFORCEMENT 1. Enforcement Procedures: If the committee reports an unresolved violation to the LMC, and no appeal is taken within the time allowed, or if an appeal is taken and the decision of the committee is affirmed, in whole or in part, the LMC shall determine whether (i) to make a further demand for compliance, or (ii) to impose sanctions itself, or (iii) to start enforcement proceedings as provided in Paragraphs 2 or 3 below. Sanctions that the LMC itself may impose include, with limitation: a. Loss of privilege to use LMC facilities. b. Loss of other rights and privileges permitted by these regulations. 2. Institution of Judicial Proceedings: Each owner and the LMC have a proper interest in the matters provided for in the Regulations of the LMC. All such matters are specifically enforceable. In the event of violation of the terms of any Regulation of the LMC, any owner or the LMC may, if the Regulation so permits, institute proceedings in any court having jurisdiction of the property subject to the Regulation violated for abatement or injunction or to compel correction or to recover reasonable attorney fees, as determined by the court. Proceedings for abatement may include actions to compel removal, replacement or other revision of any condition that is in violation of the terms of any Regulation 3. Agreement to Arbitrate: By accepting a deed to a lot or condominium unit in the platted subdivisions and condominium projects covered by the Articles ofIncorporation of the LMC and thereby becoming a member of the LMC, subject to its Articles and Bylaws and to its valid Regulations adopted pursuant to its Articles and Bylaws, every owner agrees that any claim of violation of the terms of any valid Regulation of the LMC may, upon the demand of the LMC, be settled by arbitration before a single arbitrator in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In all other respects the arbitration shall be in conformity with the provisions of chapter 7 .04 ARBITRATION of the 1987 Revised Code of Washington, as amended from time to time. 27 e e Table of Contents Ludlow Maintenance Committee (LMC) Governing Documents 1. TYPICAL RESTRICTIVE AND PROTECTIVE COVENANTS 1. Membership in Maintenance Commission 2. Assessments and Lien 3. Land Use 4. Architectural Control Committee 5. Easement, Roads and Reserve Property 6. Nuisance or Offensive Use 7. Utilities 8. Amendments 9. Enforcement 10. Severability 11. Integrity of Lots 2. ARTICLES OF INCORPORATION 3. BYLAWS Article I Membership Article II Meetings of Members 1. Annual Meeting 2. Special Meetings 3. Executive Session 4. Notice of Meetings 5. Attendance and Quorum 6. Recessed Meetings 7. Special Matters Article III Board of Trustees 1. Composition and Function 2. Election and Tenure 3. Vacancies 4. Regular Meetings 5. Special Meetings 6. Quorum 7. Removal of Trustees 8. Power and Authority of the Board of Trustees ~ ()(:;~ . -~ ~"q..-7 . " ---, L t -----:- .' t.~ -- .- j!J-.- 0"\ ----- ?~ge e e Ludlow Maintenance Committee Governing Documents Table of Contents 9. Use of Communication Equipment Article IV Officers 1. Election of Officers 2. Compensation of Officers 3. President 4. Vice President 5. Secretary 6. Treasurer 7. Combined Officers Article V Committees 1. Standing Committees a. Architectural Control Committee (ACe) b. Greenbelt Committee c. LMC Operations Committee d. Finance Committee e. Covenants and Regulations Committee f. Communications Committee 2. Service Committees 3. Ad Hoc Committees 4. Appointment and Tenure of Committees Article VI Fiscal Year Article VII Seal Article VIII Assessments Article IX Amendment of Bylaws Article X Dissolution Article XI Indemnity 4. REGULATIONS OF LUDLOW MAINTENANCE COMMISSION Introduction 1. Ludlow Maintenance Commission, Inc. 2. The LMC Operations Committee 3. The Architectural Control Committee (ACe) 4. The Greenbelt Committee 5. Definitions: Owner and Occupant 6. Additional Rules and Regulations 7. Amendment 2 LOG ITEM #.J1.1- ?age J..t-- of ._~-,-,-,~~'" ,..,....--'_._'-' e e Ludlow Maintenance Committee Governing Documents Table of Contents Re2ulation I: Land Use Article I Restrictions and Requirements 1. General Use 2. Single Family Residential Use 3. No Nuisance, Industrial or Commercial Use 4. No Dumping, Concealment of Garbage Cans and Trash Areas 5. Animals, Stock and House Pets 6. Parking and Storage of Vehicles 7. No Encroachment 8. Maintenance 9. Trees, Shrubs and Views 10. Outdoor Burning 11. Landlord Requirements Article II Enforcement 1. Monitoring Compliance 2. Institution of Enforcement Proceedings Re2ulation II: Land Improvements Article I Approval Requirement 1. Approval Required 2. Cutting of Trees 3. Orientation and Location of Structures 4. Exterior Remodeling, Rebuilding, Repainting or Restaining 5. Antennas 6. Survey 7. Agreements Not Valid 8. Contractor 9. Lot-Clearing 10. Burning Article II 1. 2. 3. 4. 5. 6. 7. 8. 9. Design Considerations Stories Compatibility Height A-Frame Houses Modular, Manufactured/Sectional Mobile and Other Preconstructed Homes Garages and Carports Minimum Square Footage Front Lot Line Setback Adjacent Lot Line Setback 3 1" t:\ 1') .,.u~r. ,.'..~CO<', j /~~..---,?"","'''?''"'''" , -~' ,~-' ------ ~ .... f''J:,. ,.~ !"1'.:'>1 · ',1;; ,..,. .. t o.~ e e Ludlow Maintenance Committee Governing Documents Table of Contents 10. New Materials 11. Roofs 12. Stains and Paints 13. Screening of Garbage Cans and Trash Areas 14. Utilities 15. Exterior Lighting 16. Fencing 17. Exterior Ornamentation 18. Newly Developed Materials 19. Tower Antennas 20. Tanks Article III Procedures 1. Requests for ACC Approval; Identification of Affected Owners 2. Consultation; Building Plans and Specifications 3. ACC Decision 4. Appeal of ACC Decision 5. Commencement of Construction 6. Commitment to Construct in Accordance with Approved Plans and Specifications 7. Filing of Approved Plans 8. Foundation Forms 9. Continuous Progress; Exterior Completion 10. Roofmg Materials 11. Disapproval 12. Tower Antennas 13. Percolation Testing 14. Construction Standards Article IV Enforcement Ree:ulation III: Greenbelt Article I Policy 1. Management of Greenbelt Areas 2. Goals and Intentions 3. Liaison with Jefferson County Article II General Procedures 1. Management Plan 2. Approval Required 3. Contact with Affected Parties 4. Priority Article III Work On, Use of and Infringement on Greenbelt Areas 1. Scope of Application of Restrictions 2. Prohibited Activities 4 LOG iTEM # rq~ p;geS I_ot- e e Ludlow Maintenance Committee Governing Documents Table of Contents 3. Approval Required 4. Requests for Approval 5. Considerations 6. Communication of Decision Article IV Enforcement 1. Monitoring Compliance 2. Institution of Enforcement Proceedings Re2ulation IV: Article I 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Article II 1. 2. 3. 4. 5. 6. 7. 8. 9. Article III 1. 2. 3. 4. 5. LMC Facilities Definitions Member Owner-Member Member in Good Standing LMC Assessments Contract- Members Facilities Facility Rules Short-Term Renter Guests Long-Term Renters Invited Guests (a) Houseguests (b) Guests accompanied by a member General Management of the Facilities Use of the Facilities Suspension Check-In Identification Lending Cards Prohibited Group Use Personnel Tipping Prohibited Membership Cards Entitlement Term Joint, Multiple or Corporate Membership Family Membership Long-Term Renters Article IV Guest Privileges and Guest Cards 1. Invited Guests 5 lOG \TEM :/F_ F(~ - page~~ Y - of -- Article V 1. 2. Ree:ulation V: Article I 1. 2. 3. Article II 1. 2. 3. 4. 5. 6. 7. Article III 1. 2. 3. e e Ludlow Maintenance Committee Governing Documents Table of Contents 2. 3. 4. 5. 6. 7. Limitations Privileges Without Cards Sales Personnel Issuance Large Groups The Privilege to Bring Guests Enforcement Monitoring Compliance Institution of Enforcement Proceedings Enforcement and Appeals Procedures Primary Responsibility LMC Operations Committee Architectural Control Committee' Oreenbelt Committee Procedures Violations of LMC Regulations Appeals of Committee Decisions Appeals of Affected Parties Appeals Procedures Preparation for an Appeal Procedural Rules at the Hearing The Ruling Enforcement Enforcement Procedures Institution of Judicial Proceedings Agreement to Arbitrate 6 LOG \TEM , rqj #- page$7 of eRG - February 2006 e . Ludlow Maintenance Committee Governing Documents Table of Contents 7