Kingsgate Highlands Divisions 3 & 4 Homes Association
Homeowner’s Guide


Dear Fellow Homeowners:

On behalf of the residents of Kingsgate 3 and 4, it gives us a great deal of pleasure to present, to both new and long-time residents of Kingsgate, this Kingsgate 3 & 4 Homeowners Guide. Please take the time to read it, and save it for future reference.

A copy of the Declaration of Covenants, Conditions and Restrictions for Kingsgate 3 and 4 is usually attached to the title insurance policy you received when you bought your home. That document is full of information, and we hope you have taken the opportunity to read it. If you are renting or leasing a home, we encourage you to obtain a copy of the covenants to review; they’re available on the Association’s web site. We know, however, that covenants are written in language that is not always easy to understand. This Guide expresses the most important points of the covenants, by-laws, and other rules and regulations in plain language, and provides a lot of other information that is of value to you. Please do not hesitate to call any Association board member if you have any questions concerning these provisions.

We are very fortunate to have these covenants and rules in our subdivision. Through their continuous enforcement, we are able to protect the value, desirability, and attractiveness of the properties within our community, to the benefit of all residents. Residents of Kingsgate spend many volunteer hours maintaining the pool, park, and community for you, and welcome all residents to join in these efforts. Your efforts to maintain an attractive house and yard are appreciated, and will increase the value of the community.

We are an active Homeowner’s Association headed by nine elected Trustees. The Trustees’ work is totally voluntary. Board meetings, which are open to all residents, are held each month; the date is announced on the web site at http://www.kingsgate.org.Our Annual meeting is held every February, at which time the past year’s programs and expenses are reviewed and the following year’s plans and budget are discussed.

Although there is no obligation to do so, we urge you to participate in our community’s activities. This will provide you an opportunity to become more acquainted with your neighbors and add to the community’s overall enjoyment. If you wish to become involved, please contact one of the trustees or chairpersons listed in this guide and on the web site. Your participation will be most welcome.

If you have any questions about our Association or if we can be of any assistance to you in any way, please let us know.

Sincerely,

The Board of Trustees

Kingsgate Highlands Divisions 3 & 4 Homes Association

What is this Homeowner’s Guide?

Every home and lot in Kingsgate Highlands Division 3 and 4 was transferred to the current owner (you) by a Deed which included the phrase “Subject to Easements and Restrictions of Record” or something similar. That “record” includes several documents, all of which are part of your deed by reference and to which you are legally bound. The documents include the following:

· Plat Restrictions (Recorded in Volume 81 of Plats, pages 17, 18, and 19, and Volume 82 of Plats, pages 95 and 96, in Records of King County) [referred to in this Guide as “PR”]

· Declaration of Covenants, Conditions, and Restrictions for Kingsgate Highlands, Divisions Number Three and Number Four (Dated December 1, 1966, Recorded May 24, 1967, filed under King County Auditor’s File number 6180380; amended October 26, 1971, as filed under King County Auditor’s File number 7110260535; amended August 2, 1979, as filed under King County Auditor’s File number 7908020797) [referred to as “DCCR”]

By reference, the following are also applicable:

· Articles of Incorporation of Kingsgate Highlands, Divisions 3 and 4 Homes Association (Recorded November 12, 1981, by the Department of State of the State of Washington, file number 2-315915-5, microfilm roll number 1603 pages 483-491) [referred to as “AI”]

· By-Laws of Kingsgate Highlands Divisions 3 and 4 Homes Association (originally adopted May 25, 1967), including amendments and resolutions adopted at  meetings of the general membership and of the Trustees. [referred to as “BL”].

· Association Rules and Regulations adopted by the Trustees, such as those concerning use of the park and pool [referred to as “Rules”].

· Kirkland Municipal Code [referred to as “KMC”].

· Kirkland Zoning Code [referred to as “KZC”].

· Code of King County, Washington [referred to as “CKC”].

· State Laws of local application [referred to as “RCW”].

All of these records and documents are available to you on the web, at the courthouse, at the public library, or in the Association records kept by the Secretary. As you can imagine, though, they are full of complex legal language and are quite lengthy. To help make these requirements clearer for you, the Association has extracted the most important points and stated them in plain English (or as close as we can get!) in this Homeowner’s Guide.

We have made our best effort to insure that this Guide properly reflects the information in all of the legal documents. Should any conflict exist, the actual legal documents, and not this Guide, rule. We have intentionally omitted items which are purely administrative, and also have omitted state laws and county ordinances that are well known, of general application, or do not directly relate to how you may use your property in our subdivision.

We very much encourage all members of the Association to be fully informed regarding their rights and responsibilities. If you have an interest in the actual text of the official

documents creating and controlling the Association, the Secretary would be happy to provide copies to you.

Please Note: This Guide was originally written prior to the annexation of Kingsgate into the City of Kirkland. It is in the process of being updated to reflect the Kirkland Municipal Code and Kirkland Zoning Code in addition to the King County Code.

Why Does the Association Exist?

The Kingsgate Highlands Divisions 3 and 4 Homes Association is a non-profit membership corporation. It exists primarily to maintain common areas of the subdivision (the park, pool, cul-de-sac planted areas, and planted areas around the entrances), and to enforce the covenants, restrictions, and other rules and regulations.

The Association may not make a profit or pay out profits to anyone. We cannot attempt as an organization to influence legislation or endorse political candidates, or engage in any other activities prohibited of non-profit organizations by Federal law or IRS regulations. Of course, this doesn’t limit the officers, directors, or homeowners from acting as individuals for these purposes (for example, officers may personally lobby, endorse candidates, and run for office).

You are a Member of the Association

Every homeowner in Kingsgate Highlands Divisions 3 and 4 is a member of the Association. Each home has one vote; if the property is jointly owned by more than one person, they are entitled to one vote among them (and it is up to them to decide what their one vote will be). Membership in the Association is automatic by virtue of owning property in our subdivision. Nobody else can be a member, and homeowners cannot choose to not be members.

These Rules Apply to You!

All of the covenants, restrictions, resolutions, bylaws, and other requirements apply to all homeowners in the subdivision automatically. You cannot choose to not abide by these rules.

The Web Site and Blog

The Association maintains a web site and blog at http://www.kingsgate.org to inform you about upcoming events, recent activities of the Board and committees, and other important information. We encourage you to subscribe to receive automatic notification when the site is updated. The web site also contains copies of all the governing documents of the Association, the Pool and Park rules, contact information for all officers, trustees, and committee members,  and lots of other important information.

Social Events

Every year, the Association has a children’s Easter Egg Hunt (the Saturday before Easter), a Spring Fling celebrating the opening of the pool for the summer (the Saturday of Memorial Day weekend), and a 4th of July picnic in the park for the whole family. We also sponsor a swim team and provide swimming lessons at the pool. A community-wide garage sale is held each summer, usually on the second Saturday of June. Annual clean-up days for the park and pool are great opportunities to meet your neighbors and help the community. And the annual holiday

decorating contest is an opportunity to win great prizes and the admiration of your neighbors, while making our neighborhood look great!

Dues and Assessments

Every homeowner must pay annual dues, and additional special assessments adopted by the full membership. The Association uses dues received from members for maintaining the common areas, paying for pool lifeguards and other staff, insurance and utilities, holding programs and social activities, and for other purposes authorized in the By-Laws. These dues and assessments must be paid even if you do not use the park, pool, or other common areas.

Dues are currently $468 per year per home, payable $117 every three months on the first day of January, April, and July, and October; you will receive a reminder from the Treasurer before they are due. A discount of $10 is given for prepaying the full year's dues in January.

Dues are set by a vote of the Trustees each year at a level necessary to cover the Association’s expenses plus reserves for emergencies and future capital replacements. The dues level may be set by the Trustees at any amount up to a limit which is defined as the original dues set at the time the Association was formed, plus the cumulative rise in the Consumer Price Index since then; any greater increase requires a two-thirds vote of those members present at a general membership meeting.

If you forget to pay any dues or assessments when they are due, the Treasurer will send you a second reminder, and you will lose some privileges of membership (such as the right to use the pool and to vote at meetings) until you are caught up. If you get behind more than three months, a lien will be placed on your property (which means the amount due would be paid out of the proceeds, if you sold your home); the Association can foreclose on your property (have it sold at auction) to collect the full amount due. If a lien must be placed on your home or a foreclosure is necessary, you will have to pay interest, legal fees and other costs in addition to the dues or assessment owed.

Special assessments are one-time charges for construction, repair, unexpected maintenance, or replacement of common area structures, such as in case of storm, fire, natural disaster, or other loss. Such assessments can be imposed by a vote of two-thirds of the members voting at a general membership meeting.

General Membership Meetings

The Association holds an Annual Meeting each year in February. At this meeting, the Trustees are elected and other business is conducted that requires a vote of the entire membership. The meeting is held at a place determined by the Board of Trustees, such as Robert Frost Elementary School or Our Redeemer Lutheran Church, which are close to the neighborhood. Members may attend in person, or be represented by another member by giving that person written permission (known as a “proxy”) to vote for them.

If a matter of urgent business arises requiring a vote of the full membership, the President, a majority of the Board, or one-fourth of the Members (75 homeowners) by petition, may request a special meeting of the full membership to be held.

At least 15 days before the Annual Meeting or any special meeting, the Secretary will mail or deliver a written notice to all members giving the time, place, and purpose of the meeting. The Association newsletter for the month prior to the annual meeting can serve as this notice.

At least one-tenth of the members (30 homeowners) must be represented at general membership meetings, in person or by proxy, for a quorum to exist. A majority of the members present may adjourn the meeting if a quorum is not present.

Board of Trustees

A Board of nine Trustees manage the Association. They serve voluntarily and are not paid. The Board adopts and publishes rules, enforces the covenants, by-laws, and rules, maintains the park, pool, and other common areas (such as the planted areas in cul-de-sacs and at subdivision entrances), organizes social activities, welcomes new residents to the community, and performs many other duties for the membership. The Board may hire employees or contractors needed to fulfill the Association’s responsibilities to maintain and operate the park, pool, and other common areas (for example, landscapers, lifeguards, accountants, attorneys, etc.).

The Board of Trustees usually meets monthly; the time and place of the meeting is announced on the web site. Special meetings may also be called when necessary. Members of the Association are always welcome to attend Board meetings, but only members of the Board may vote on matters before the Board.

Trustees are elected at the Annual Meeting, and serve three-year terms. Terms are staggered so that three Trustees are elected each year.

Trustees can be removed from the Board by a majority vote of the members of the Association, or if they are absent for three consecutive monthly board meetings. If a Trustee is removed, dies, or resigns, a replacement is selected by the remaining Trustees, and serves the remainder of the unexpired term.

Please remember that the members of the Board of Trustees are people just like you, your neighbors, trying hard to be of voluntary service to the community. They appreciate it very much when, if you have a complaint or concern, they are approached in a spirit of neighborly friendship and cooperation.

Officers

The Association has four officers: President, Vice-President, Secretary, and Treasurer. The officers are elected by the Board of Trustees at the first Board meeting following the Annual Meeting, and serve for a term of one year. The President and Vice-President must also be Trustees; usually, all of the officers are Trustees. Officers are not paid. A list of the current offices and trustees is attached to the back of this Guide.

Officers may be removed by a majority vote of the Board. If any officer is removed or resigns, his replacement is elected by a vote of the Board, and the replacement serves the remainder of the unexpired term.

The President presides at all membership and Board meetings. He or she has the power to sign legal documents and make contracts on behalf of the Association, and has responsibility for general management.

The Vice-President acts in place of the President if the President is absent or unable to function, and performs other duties assigned by the Board.

The Secretary keeps minutes of all meetings of the Board and the general membership, keeps the Association’s official records, issues notices of meetings, and performs other duties assigned by the Board. If you would like to see any of the Association’s records or official documents, the Secretary will make them available to you, or make copies for a reasonable fee.

The Treasurer is in charge of the Association’s money. He or she keeps all financial records, makes deposits and writes checks as authorized by the Board, reports on our financial condition at each meeting, prepares the annual budget, mails reminders of dues and assessments, and performs other duties as assigned.

Architectural Control Committee

The Architectural Control Committee (“ACC”) is appointed by the Board of Trustees. It consists of three or more members, who may be Trustees or other Association members.

Before you do any construction on your property, you must obtain the permission of the ACC. This includes buildings, fences, walls, garages, carports, playhouses, storage sheds, swimming pools, light poles, basketball backboards and poles, or any other permanent structure. Also, if you make any changes to anything on the outside of your house, such as changing the paint color or major landscaping changes, you must get ACC permission. Maintenance which does not change the property but simply replaces an existing feature does not require permission (such as repainting the same color).

To obtain ACC permission to do exterior work on your property, all you need to do is mail, email, or deliver to the ACC a written description of the work. The amount of detail required depends on the size of the job. For example, if you’re going to change the paint color, a letter including paint samples will do. But if you want to add on to your house, build a new fence, build a playhouse or storage shed, or other major project, you will need to submit plans showing the location on the property, the dimensions and height, the materials to be used, and as much other detail as possible. If you have discussed the plans with your neighbors and found that they have no objection, it would be helpful to include their comments with your plans.

When the ACC receives your plans, it will study them to insure they are in harmony with the external design and location of surrounding structures, quality of materials, and the lay of the land. The ACC may disapprove your plans for any reason, including purely aesthetic reasons. ACC decisions are final and binding.

You will be notified within 30 days of submitting your plans whether the ACC approved or disapproved. If you do not hear from the ACC within 30 days, you can assume that your plans are approved. If your plans are not approved, the ACC may say what changes need to be made to obtain approval if you choose to resubmit your plans.

You may not start work until you receive approval or 30 days have passed. If you go ahead and make exterior changes without submitting plans to the ACC for approval, or after the plans having been disapproved, the Association may sue you to have your property restored to its previous condition. The fact that the Association may not have sued someone else in the past to restore their property does not prevent the Association from doing so in the future.

Determination of Non-Enforcement by the Board

In the event that compliance with any of the property use restrictions in the Covenants results in practical difficulties, unnecessary expense, or unnecessary hardship, you can apply to the Board of Trustees for a Determination that the board will not enforce the Covenants under specific conditions. The application must be submitted in writing, specify the exception from the restriction that is proposed, and describe the difficulty, expense, or hardship that would be avoided by the Determination. The Board will conduct a public hearing on the proposed Determination, providing at least 30 days advance written notice to all Owners of Lots adjacent to the Lot on which the Determination is proposed. After the public hearing, the Board will vote on the Determination and any conditions to be included; at least two-thirds of the whole Board (six members or more) must vote in favor of the Determination for it to be granted.

If the Determination is issued, the Association will not enforce the specified restriction

on the Lot so long as the conditions specified in the Determination continue to be met. A Determination, once issued, runs with the property in the event the Lot is sold in the future, and can only be withdrawn at the request of the Owner of the Lot when accepted by a majority of the Board.

If a covenant or restriction is being violated on a Lot at the time of application for a Determination, any enforcement actions such as fines or suspension of privileges continue during the application process; they are not suspended by applying for a Determination.

If the Board approves a Determination for one Lot, the Board is not obligated to grant a similar Determination on any other Lot.

Each Owner of any Lot has independent power to enforce the Covenants on every other owner. A Determination of Non-Enforcement by the Board is binding only on the Association itself, and not on any Owner. It is thus possible for the Board to choose to not enforce the Covenants under specific circumstances, but for one or more Owners to still do so.

Duration of Covenants and Restrictions

The Declaration of Covenants, Conditions, and Restrictions automatically renews for ten year periods. The current ten-year period expires May 24, 2017, and a new ten-year period will automatically begin unless 75% or more of the homeowners (225 homes) sign a petition to terminate the covenants and record it with King County prior to the expiration.

Changing the Rules

There may be some things you don’t like about the various rules and regulations that apply to living in Kingsgate Highlands 3 & 4. Methods are provided to change virtually any of them. Some, of course, are easier to change than others.

· The Plat Restrictions (recorded in the Plat Book) may only be changed by consent of all members of the Association, followed by approval of the Metropolitan King County Council.

· The Declaration of Covenants, Conditions, and Restrictions may be changed by a petition signed by 75% of the members of the Association (225 or more homes), which must be recorded with King County. [DCCR XII.2]

· The Articles of Incorporation may be changed by a vote of the 75% of all of the members of the Association. Such amendments must be filed with the Secretary of State. [AI XVII]

· The By-Laws may be changed by a majority vote of the Board of Trustees at any regular or special Board meeting, or by the general membership at any Annual or special general membership meeting. Any changes to the By-Laws must remain consistent with the Declaration and the Articles of Incorporation. [BL XV]

· The Kirkland Municipal Code and the Kirkland Zoning Code may be changed by a majority vote of the Kirkland City Council.

· The Code of King County may be changed by a majority vote of the Metropolitan King County Commission and signature by the County Executive.

· Applicable State Laws may be changed by a majority vote in both houses of the State Legislature and signature by the Governor, or by Initiative.

Reporting Covenant and By-Law Violations

If you become aware that one of your neighbors is breaking one of the rules in this Guide, you should first bring this to the attention of your neighbor yourself; they may not even be aware that the rule exists or that they are in violation. If they correct the problem to your satisfaction, no further action is necessary on your part.

If, after you have asked them, your neighbor refuses to correct the problem, you should check the Guide to see if the rule being broken is a subdivision plat restriction (“PR”), covenant (“DCCR”) or By-Law (“BL”), or if it is a city ordinance (“”KMC” or “KZC”), county ordinance (“CKC”) or state law (“RCW”). If it is a city or county ordinance or state law, you will need to call the appropriate governmental authority and file a complaint. If you would like help determining the type of violation, the right government agency to contact, or need any other help with this process, please call the President of the Association.

If the rule being broken is a restriction, covenant, or by-law, and you would like the Board of Trustees to become involved in enforcing the rule, mail or deliver a letter to the Board of Trustees. This letter must include your name, address, and telephone number; the address at which the violation is occurring; the rule that is being violated; and, a detailed description of what you believe is being done that is in violation of that rule. Anonymous complaints will not be accepted; however, if you request in your letter, the Board will keep your identity confidential as much as possible during further handling of the complaint. Feel free to call the President of the Association at any time to discuss potential covenant or by-law violations.

Handling of Reports of Violations by the Board of Trustees

When your letter is received, the President of the Association, or an assigned Board member, will visit the home at which the violation is occurring, verify the conditions stated in your letter, explain the covenant or by-law to the resident, and explain what needs to be done to correct the problem. He or she will try to reach a verbal agreement with the resident to correct the problem promptly. If the problem is corrected within thirty days, no further action is taken.

If thirty days pass and the covenant or by-law violation continues, the Association will send a letter, via registered mail or personal delivery, on Association stationery, restating the problem and what needs to be done, and indicating the further actions the Association will take if the violation is not corrected within an additional thirty days. If the home is being rented, a copy of this letter will be sent to the owner of the home, via registered mail, at their last known mailing address.

If thirty additional days pass after this written notice and no action has been taken to correct the violation, the Board of Trustees will proceed with formal enforcement proceedings as explained in the next section, “Enforcing the Rules”.

Enforcing the Rules

The covenants, by-laws, and rules of the Association can be enforced by suspension of rights to use the pool and park for up to six months, by suspension of the right to vote at meetings of the Association, by monetary fines, and by filing of lawsuits to stop the violation and recover any costs associated with enforcement and correcting the violation. Just because the Association doesn’t take such action immediately doesn’t mean that it can’t do so later, if it chooses to do so. Also, any single homeowner or group of homeowners may sue others for violation of the covenants or restrictions, if the Association does not do so.

If the Association feels you are in violation of any rule, covenant, or other restriction, you will receive written notice either by personal delivery or by registered mail to the address of your property in Kingsgate 3 & 4. This notice will include a description of the violation, the specific rule that is being violated, the action the board intends to take (suspension, fines, or lawsuit), the date by which the violation must be corrected to avoid the action being taken, an explanation of your right to a fair hearing, and a date and time for the hearing if one is requested.

If you correct the violation within 15 days of receiving the written notice and report the correction to the Board, no further action will be taken.

If you desire a hearing to explain why you believe you are not in violation of the rules, you must contact the Board within 15 days of the written notice and request a hearing. If you don’t contact the Board within 15 days, the action proposed by the Board will be taken. This means that the suspension would become effective, the fines would start to accumulate as of the date of the notice, or a lawsuit would be filed, as specified in the notice. If a hearing is requested, the action is suspended until after the hearing.

If you request a hearing, it will be held at the date and time scheduled in the original written notice. At the hearing, you and the Board will have an opportunity to present evidence, question witnesses, and debate whether a violation exists. At the conclusion of the hearing, the Board will vote on whether or not the violation exists and whether or not to continue with the proposed action. You’ll receive a written explanation of the Board’s decision.

If the Board decides to impose a fine for the violation, the fine will be according to the table that appears on the next page. If a hearing was held, the Board may charge a reasonable fine to cover the period from the original notice through the day of the hearing, but not more than $200; fines according to the table below will commence starting with the day after the Board’s decision is delivered to you. The fines repeat for each day the violation continues; after

30 days, the daily fines are double the amount shown in the table. Also, if the violation is corrected but then repeated again, the double fines begin immediately.

If you ignore suspensions or fines and continue the violation, the Association may file a lawsuit to stop the violation. If the court agrees, the Association can take action to correct the violation, and bill you for the costs. For example, if you have vehicles parked on your property in violation of the parking rules, the Association can have the vehicle towed and stored, and bill you for the costs of towing and storage. The costs of the corrective action, along with unpaid fines, interest, attorney’s fees, and court costs, become a lien against your property.

The following table shows the fines for various types of violations of the rules.

Type of Violation

Where Defined

Fine

Architectural control or occupancy

Declaration Article VIII; Article X Sections 1, 2, 3, 5, 6, 7, 8, and

12; Article XI

$25

Operating a Business

Declaration Article X Section 4, By-Laws, Article XVII   Section 3

$50

Parking

Declaration Article   X Section 4; By-Laws, Article XVII Section 1

$10 for each vehicle

Annoyance or Nuisance (e.g. Excessive Noise)

Declaration Article   X Section 4; By-Laws, Article XVII Section 7

$10

Accumulation of Debris

Declaration Article   X Section 4

$10

Landscaping and fences

Declaration Article   X Section 9

$10

Unpermitted animals

Declaration Article   X Section 10

$10 for each animal

Signs

Declaration Article X Section 11; By-Laws, Article XVII Section 2

$10 for each sign

Park and Pool Rules

Resolutions   of the Association; Homeowner’s Guide

$50

Other violations

Anywhere in the governing documents

$10

The Rules

The following is a summary of rules, regulations, and ordinances. In the case of county ordinances and state laws, only those considered to be of concern to homeowners in the normal course of day-to-day activities have been included.

Abandoned Appliances

If you have an abandoned, unused, or discarded refrigerator, freezer, or other appliance which has an airtight door, lid, or locking device, please remove the door, lid, or lock, for the safety of your children and those of your neighbors. Such appliances must be kept inside your house or garage [DCCR X.4].

Accessory Uses

Any building on your property, such as a shed, playhouse, or storage building, cannot be any closer to your property line than the building setback lines shown on the Plat. In general, you cannot place any building closer than:

· 20 feet from the front lot line (the street) or, if you have a corner lot, from the side street line;

· 25 feet from the rear lot line (except a detached garage, which may be 5 feet);

· 5 feet from the side lot line. [DCCR X.2]

· 10 feet from your house. [CKC 21.08.150.A.2]

Swimming pools must be at least five feet from any lot line and from your house. [CKC 21.48.150]

Before you build or install any such structure, you must have permission in advance from the Architectural Control Committee. [DCCR VIII]

Animals

You may keep dogs, domestic cats, and other household pets for pleasure and companionship, but not for any breeding or other commercial purposes. You may not keep excessive numbers of animals, or keep them in any way which endangers the health or safety of others. You may not keep livestock or poultry of any kind. [DCCR X.10]

All dogs and cats eight weeks of age or older must have a license from King County. Licenses must be renewed annually (if your pet is not spayed or neutered) or every two years (if your pet is altered). If you are 65 years of age or older, permanent licenses are available for your pets if they are spayed or neutered. License tags must be worn at all times. Dogs and cats six months of age or older must be vaccinated for rabies. [CKC 11.04]

If your dog is off your property, it must be on a leash. Animals running loose on the streets or on others’ property may be impounded by the county. [CKC 11.04, 11.08]

The county places several restrictions on animals that are vicious or prone to attack. See the county code for further information. [CKC 11.04]

If your dog or cat makes noises that disturb your neighbors to an unreasonable degree, it may be impounded by the county. [CKC 11.04]

If you have a trained guard dog, you must have a special permit from the county. [CKC 11.32.070]

Antennas

Television and radio antennas may not be more than ten feet taller than the peak of the roof of your house unless you get permission from the Architectural Control Committee. [DCCR X.9]

Children, Supervision of

For their safety, please supervise your children whenever they are outside your home.

Fences

You may build a wall or fence, if it is first approved in advance by the Architectural Control Committee [DCCR VIII].

Fences, walls, hedges, and thick plantings may not be any closer to the street than the minimum setback line shown on your Plat. [DCCR X.9] Generally, this is 25 feet. [DCCR X.2] Given the depth of front yards in our subdivision, this means that you generally may not have a fence that separates your front yard from the front yard of a neighbor.

Fences, walls, hedges, and thick plantings may not be more than 6 feet tall. However, if the fence is on a side yard of a corner lot along the street, it may not be more then 42 inches (3½ feet) tall. [DCCR X.9] Exceptions can be made in some circumstances with permission of the Architectural Control Committee.

Electric fences are not permitted. [CKC 21.48.160.E]

Junk Vehicles

You may not have a junk vehicle anywhere on your property, unless it is inside your garage and not visible from the outside. The county code defines a “junk vehicle” as one that meets any three of the following conditions: is three or more years old, is extensively damaged, is apparently inoperable, does not have a valid license tag, or has a fair market value less than the cost of scrapping it. After giving you notice, the county can have a junk vehicle removed and charge you for the costs. [CKC 23.10].

Vehicles that are not properly licensed, are not in good operating condition, or are dismantled, may not be parked in your driveway by subdivision covenant. [BL XVII.1] Note that these conditions are less strict than the county definition of a “junk vehicle”; in other words, a vehicle that the county does not consider “junk” may still be in violation of covenant. Vehicles parked in violation of this rule will be dealt with by the Association as a covenant violation.

Landscaping

Every homeowner is encouraged to keep their lawn neatly mowed, shrubbery trimmed, trashed picked up, and otherwise looking great. If we all do our best, the beauty of the neighborhood will be attractive to prospective home buyers, and thereby increase the value of every home.

If your landscaping becomes too unruly, it may be consider an annoyance or nuisance to the neighborhood [DCCR X.4, Bylaw XVII.7]. This includes grass taller than six inches, weeds that have grown to the point of releasing seeds that may be spread by the wind, shrubbery or tree branches that obstruct a road or sidewalk, ivy or blackberries that spread to other lots, dead trees or shrubs, and trees that are diseased, leaning dangerously, or otherwise threatening to buildings or property.

If you have a corner lot, the covenants prohibit you from planting or placing anything in a triangular area formed by the street property lines and points twenty-five feet from the corner. [DCCR XI.1]; see the diagram below. It would be unreasonable, though, to be held to the letter of this restriction; the spirit of it is to prevent traffic accidents caused by obstructed views. The Association will not consider plantings in the corner area to be in violation of the covenant so long as nothing in the area is tall or wide enough to obstruct the view of drivers approaching the intersection.


Noise

The county code imposes strict limits on the level of noises in residential areas [see CKC 12.88]. The limits are also complex and hard to describe. Generally, you should not make any loud, unnecessary, or unusual sound which annoys or disturbs your neighbors. Limits are much stricter between 10:00 p.m. and 7:00 a.m.

Radios, televisions, stereos, musical instruments, and similar devices that can be clearly heard more than 75 feet away are presumed to be in violation of the law [CKC 12.92]. This includes radios in cars and trucks.

Noises made by vehicles, including racing of engines, squealing of tires, and exhaust are also covered by the noise ordinance. [CKC 12.90] Horns should be sounded only as a danger warning, and never because traffic is held up or to greet friends. [CKC 12.92]

Outdoor Burning

You may have an outdoor fire for cooking food (such as a barbecue grill). No other outdoor fires are allowed except by a permit from the county fire chief, and burning may be restricted at any time due to air quality controls. [CKC 8.08.170]

Park Rules and Regulations

The Board of Trustees has adopted the following park rules:

(1) Park hours are 6:00 a.m. to 10:00 p.m. unless a scheduled activity has been approved by the Board of Trustees. Unapproved after-hours activities are subject to prosecution under trespass laws.

(2) Use of the park is limited to members in good standing, their immediate families, and authorized guests.

(3) Organized team practices are not allowed in the park in order to keep it open for casual use.

(4) Members are responsible for their families and guests while in the park.

(5) No dogs are allowed in the park whether leashed or unleashed. No horses or other large animals are allowed in the park.

(6) No firearms or other dangerous weapons are allowed in the park.

(7) Conduct of a criminal or disorderly nature including abusive language, or conduct that restricts the enjoyment of others using the park is prohibited.

(8) The use of hard balls in the park is prohibited.

(9) Climbing is restricted to those items of playground equipment which were designed for climbing.

(10) Misuse of the park and playground equipment is not permitted.

(11) Motorized vehicles are restricted from the park unless authorized by the Board.

(12) Bicycles are restricted to the paved areas of the park.

(13) No fireworks in the park.

(14) The gazebo area can be reserved by members in good standing for groups of 75 or less. Call the park scheduler to reserve (see the list of phone numbers on the back page); if you need to cancel your party, please call at least 24 hours in advance. The reserving member must be present during the party. Guests must obey all of the park rules. Parties may use the baseball field, horseshoes,

volleyball equipment, and other equipment available for checkout from the pool house. Use of the pool is not included; regular pool rules and guest fees apply (see the Pool Rules below). Gazebo users, including those who did not formally reserve the area, are expected to pick up trash from all areas used by their party, empty small trash cans into the dumpster, sweep the gazebo, clean the tabletops and benches, and return all borrowed equipment to the lifeguards. Failure to clean may result in a $50 cleaning fee payable by the reserving member.

(15) No alcohol allowed to minors in the park.

(16) No smoking or other use of tobacco products in the park.

Any violation of the rules and regulations submitted in writing to the Board of Trustees and signed by one or more members may result in the suspension of the violator’s privileges to use park facilities. Violators will be notified of the date and time of a hearing.

· First violation: Two week suspension.

· Second violation: One month suspension.

· Third and subsequent violations: Six month suspension.

Malicious damage or the destruction of common property may also result in suspension plus liability to reimburse the Association for damages.

Parking

Parking of buses, trailers, boats, and other recreational vehicles on your property is restricted by the covenants [DCCR X.4]; please see the “Recreational Vehicles” section for more information.

You may park your car, van, minivan, pickup or light truck, sport utility vehicle, or motorcycle in your driveway or an enclosed area in your side or rear yard not visible from the street. Vehicles parked in the driveway must be properly licensed, not dismantled, and in good operating condition. You may not park in your front yard or any other unenclosed part of your yard. [BL XVII.1]

Homeowners are encouraged to park in their garage or driveway rather than the street, so that space in the street is available for guests. Courtesy dictates that you park in front of your own property, and not in front of a neighbor’s lot. Please don’t park where you obstruct the mail carrier’s access to any mailboxes.

It is also illegal to park in any of the following places [RCW 46.61.570-575, 46.90.433]:

· on a sidewalk (even partially)

· on a landscaped area along the street

· within an intersection

· in a crosswalk or within 20 feet of a crosswalk

· in front of a driveway or within 5 feet of a driveway

· within 15 feet of a fire hydrant

· within 30 feet of a stop sign, yield sign, or traffic signal

· more than 12 inches from the curb

· next to another car that is parked at the side of the street (double parking)

· facing the wrong way on a two-way road

· anywhere that would leave less than 10 feet of roadway between you and any car parked on the other side of the street

· on the street, to display advertising

· on the street, to display your vehicle for sale

· on the street, to sell merchandise

· on the street, while washing or repairing it (except in an emergency)

The county may tow away any vehicle parked such that it impedes the normal flow of  traffic. [CKC 46.08.040]

Permitted Uses of Property

Property in Kingsgate 3 & 4 may be used only for detached single-family homes. Homes must be one or two stories, and may have up to a three car garage (one of which may be for a boat or trailer). [DCCR X.1] You may not divide your home into a duplex.

You may not use any trailer, tent, shack, shed, or other outbuilding, or an unfinished garage or basement, to live in, whether the structure is permanent or temporary. [DCCR X.4]

You may not store materials or equipment where they are visible outside your house. [DCCR X.4]

You may not do anything on your property which “may be an annoyance or nuisance to the neighborhood.” [DCCR X.4]

You may not subdivide your lot (sell part of it to someone else). [PR]

See the section on “Working At Home” for more information on restrictions on using your home as a place of business.

Pool Rental

You may rent the pool for private parties and gatherings. It may not be rented during scheduled hours of operation or times blocked for swim team practice or swimming lessons. A refundable deposit of $50, plus a $50 per hour rental fee ($75 for 90 minutes), are due 3 days before the rental date. Large groups may require a third lifeguard at an additional charge of $25 per hour. At least one adult (other than the lifeguard) is required to be in the pool area at all times for parties of young people under 21 years of age. Young people renting the pool must give the pool manager the name of the responsible adult before the rental will be accepted. All regular pool rules apply during private party rentals.

The phone number at the pool, for information and reservations, is 821-3300.

Pool Rules

The Board of Trustees has adopted the following rules governing use of the pool:

(1) Admittance to the pool is restricted to members in good standing of Kingsgate Highlands Divisions 3 & 4 Homes Association, and their guests.

(2) All persons entering the pool must check in at the desk and give their name and lot number. Guest must also give an emergency contact telephone number.

(3) No glass, sharp-pointed, breakable, or other dangerous objects are permitted in the pool area.

(4) Any child in the wading area must be accompanied by an adult. No other persons are allowed in this area.

(5) Any child 8 years of age or younger who cannot swim at least one length of the pool must be accompanied by an adult or person considered competent by the pool staff.

(6) Conduct of a disorderly nature, including abusive language, will not be permitted.

(7) Admission will be refused to any person with an infectious disease, open sore, or wound. All bandages must be removed.

(8) State Law requires that all people using the pool must take a full shower (hair included) with soap and water before entering the pool.

(9) No metal hair clips, baby oil, or tanning oil while in the pool.

(10) No pets allowed in the pool area.

(11) No alcoholic beverages or smoking allowed in the pool area.

(12) No swimming in street clothes permitted (including cut-off shorts, halter tops, etc.). Clean T-shirts and lightweight shorts may be worn over swimsuits at lifeguard discretion.

(13) Non-potty-trained swimmers must wear swim diapers; no regular disposable or cloth diapers are permitted in the pool, and non-potty trained swimmers may not enter the pool without a diaper.

(14) No running on the decks or walkways in the pool area.

(15) No water toys or floatation devices are to be used without permission from the pool staff.

(16) Children requiring floatation devices (rings, water-wings, etc.) must be within arm’s length of an adult supervisor who is in the water.

(17) No loud playing of tape decks or radios.

(18) Lifeguards have the right to refuse pool use to any patron who disrupts a safe pool environment.

(19) Adult swim time is for adults only. The baby pool is not open at that time. Children are not to be in the pool area during adult swim.

(20) Family swim time is set aside for immediate families only. Please do not bring in all the neighborhood kids posing as your family.

(21) The occupant of the Kingsgate property is assumed to have all park and pool privileges in rental situations unless the renter has been removed from the privileges list and replaced by the homeowner. It is the responsibility of the homeowner to notify the Board of this decision, in writing.

(22) Pool hours will be posted at the pool and published in the Association newsletter before each swimming season. The hours are subject to change, such as to accommodate swim meets and other special events.

Violation of pool rules will result in the following penalties:

· First Violation (after verbal warning): Choice of two week suspension, or cleaning duties (including locker rooms)

· Second Violation: One month pool suspension.

· Third Violation: Pool privileges suspended for the remainder of the summer, or up to 180 days.

For each action, the parents or guardians of children involved will be contacted by the pool staff or the Board of Trustees.

Guests of members will pay $2.00 per person per day. However, overnight guests will not be charged if a parent informs a staff member at least 24 hours before use of the pool. Guests are limited to 1 per child, 2 per adult member, but may be further limited by pool staff if crowded conditions warrant.

Recreational Vehicles

The covenants state that you may not park any bus, trailer, camper, motor home, boat, or other recreational vehicle on your property. [DCCR X.4] However, the Association has agreed not to enforce this rule if the vehicle is in a fenced side or rear yard, not visible from the street, and your have asked all of your adjacent neighbors and none of them object [BL XVII.1]. If you do not have room to park in your side yard or do not have a fence, you will have to park your RV somewhere other than on your lot. Check the web for nearby storage lots.

Renting Your Home

If you decide to rent your home to others, please be sure to give your tenant a copy of this Guide, and remind them that they, also, are bound by these rules.

You may choose to give your right to use the pool and park to your tenant, or keep that right for yourself – but not both. [DCCR V.2] If you choose to reserve this right to yourself instead of your tenant, you should inform the Association in writing; otherwise, the current resident of each home is assumed to have the right to use the pool and park.

Rodent Control

You must keep your property free of mice and rats. Your home must be in sufficient repair to prevent rodents from entering, and you must keep all food and other material sealed to prevent rodents from being attracted. The King County Health Department is permitted to inspect property at any time if an infestation is suspected. [CKC 8.38]

Security Systems

If you have a burglar alarm or security system on your home, it may not place telephone calls directly to the police department or 911.

You must post on the front of your house, or on a card at the police department, a number where you can be reached if the alarm needs to be turned off. If the police call you because your alarm is sounding, you must come within one hour to turn it off.

The county may charge you if they come to your house to respond to a false alarm. There is no charge for the first false alarm response during a calendar month; the second carries a $50 charge, and the third and subsequent false alarms a $100 charge. [CKC 12.32]

Sewer Service

All homes in Kingsgate must be connected to the sewer system. The county code makes it illegal to place certain things in the sewer system by flushing them down the toilet, running them down the sink or disposal, or otherwise. The list of prohibited substances is very long; here is just part of it [CKC 13.04.190]:

· surface or underground water runoff

· rain or roof runoff

· water from drains in foundations, underground, or yards

· any liquid more than 150°F

· water containing more than 100 parts per million (roughly a tablespoon in 40 gallons) of fat, oil, or grease

· any substance that solidifies between 32 and 90 degrees

· gasoline, fuel oil, or any other flammable liquid

· garbage not properly shredded

· ashes, cinders, sand, mud, glass, rags, feathers, tar, plastics, animal manure, or other substances that might clog the sewer

· acids (such as pool acid) or alkalines (lye)

· any toxic or poisonous substance in large quantities

You may not plant willow, poplar, cottonwood, soft maple, gum, or any other tree which has roots that invade sewer lines, within 30 feet of a sewer. If the county finds that a sewer blockage was caused by the roots of plants on your property, they can charge you for the repairs and for removal of the plants. [CKC 13.04.230]

Signs

You may not post any kind of sign or your property, except for the following:

· A FOR RENT or FOR SALE sign that is less than 18 inches wide and 24 inches tall [DCCR X.11]. You should remove such signs promptly after leasing or selling your home.

· A sign, no more than two square feet in size, giving your name and address [CKC 21.08.040.I.1]

· Signs advocating a ballot measure or political candidate; such signs must be smaller than six square feet, may not be posted more than 60 days before the election, and must be taken down within 10 days after the election.

· Signs advertising a garage sale or yard sale; such signs must also be smaller than six square feet, may not be posted more then 3 days before the sale, and must be taken down at the end of the sale. You should not have a sale that lasts longer than three consecutive days, or more than two sales a year.

The covenants do not permit posting any other type of sign. [DCCR X.11; BL XVII.2]

Speed Limit

The speed limit throughout our subdivision is 25 miles per hour. Many families in the community have young children, who are quite likely at times to dash into the roadway unexpectedly. Please be very cautious when driving in our neighborhood, and observe the speed limit.

Storm Drains and Gutters, Use of

King County severely restricts what you may place in storm drains, gutters, or any surface or ground water [CKC 8.12.025]. You may allow the following to run into storm drains:

· clean, drinkable water

· overflow from lawn and plant watering

· runoff from car and boat washing

· dechlorinated swimming pool water

· rain water

Here is a partial list of things may not place in the storm water runoff system (the list in the county code includes may items you are not likely to have around the house):

· trash or debris

· construction materials

· oil, gasoline, grease, fuel oil, or heating oil

· antifreeze or other automotive fluids

· paints, stains, resins, lacquers, or varnishes

· degreasers or solvents

· drain cleaners

· pesticides, herbicides, or fertilizers

· soaps, detergents, or ammonia

· swimming pool backwash (diatomaceous earth)

· heated water

· dog or cat waste

· sewage, including from recreational vehicle tanks

· animal carcasses

· food waste

· collected bark, lawn clippings, leaves, or branches

· silt, sediment, or gravel

· any other chemical or material not normally found in uncontaminated water.

Street Numbering

You must post your address on your house where it can be easily seen from the street, preferably near your front door. The figures must be at least three inches high, and contrast with the background so they can be seen at all times day and night. [CKC 16.08.050] Obeying this rule is very important for your safety and that of your neighbors, so that police, fire, or ambulance personnel can quickly find the right home when they are responding to a call for help.

Street numbers (addresses) are assigned by the county. You cannot change your street number without permission from the county. [CKC 16.08.030]

Trash Pickup

You must own (or lease from the trash pickup company) portable trash containers, and keep all of your trash in them. [CKC 10.04.030] They must be strong, watertight, rodent and insect proof, and have tight fitting lids. You must keep the outside of them clean. [CKC 10.04.040]

You must not allow trash, debris, rubbish, or recyclable materials to collect on your property except in your trash containers. However, you may have a compost pile or bin, if it is maintained so that it doesn’t smell or attract insects or rodents. [CKC 10.04.080]

You should try to keep your trash containers out of view of the street, except on the day of pickup or the night before pickup. The emptied containers should be removed the same day as pickup and stored out of sight. When you put out your containers, please try to avoid blocking the sidewalk or street.

Vehicles, Repair and Storage of

You may not repair or dismantle vehicles outside of your garage. [DCCR X.4] Non- working vehicles may not be kept in the street, in your driveway, or in your yard. Also see the sections on “Junk Vehicles” and “Parking”.

Water Service

You may not use water without paying for it. You may not cover your water meter with  dirt or other materials, including grass. The water meter and its cover must be visible.

Weapons

You may not fire any type of firearm anywhere within our subdivision (or within 500 feet of any house, street, business, or trail). [CKC 12.68.030]

It is illegal in King County to give or sell a firearm or ammunition to anyone under 21 years of age. [CKC 12.78.020, RCW 9.41 and 9.45, RCW 26.28] It is also illegal to give or sell a spring gun, air gun, sling, or slingshot to anyone under 18 years of age, without the written consent of their parent or guardian. [CKC 12.78.030].

Working at Home

The Covenants prohibit all businesses of any kind from being operated from homes in Kingsgate 3 & 4 [DCCR X.4]. The Association, however, has adopted a policy of permitting businesses which are not “visible” outside your home [BL XVII.3]. The Association and the county have established rules governing “home occupations”, which include:

(1) Your home occupation may involve only members of your family who live in your home. You may not hire employees to work in your home business who do not live with you.

(2) You may not sell any items directly from your home (i.e., customers may not come to your home to buy things). You may keep samples in your home so long as they are not sold from your home. Selling over the telephone is permitted.

(3) Your home occupation may not involve group instruction or group assembly of people in your home.

(4) Your home occupation must be conducted only within the enclosed living area of the home (including the basement, if any). You may not store or display products,

materials, or machinery, or conduct any business activities where they might be seen from outside your home.

(5) Your home occupation may not increase the number of cars which drive on our neighborhood streets, or park either on the street or off the street.

(6) Your home occupation must not require deliveries or pickups by large trucks.

(7) The equipment you use in your home occupation must be of the kind normally used in homes. You may not use special commercial equipment, large power tools, or anything that requires special power sources.

(8) You may not post any kind of sign on your property advertising your home occupation. [DCCR X.11, CKC 21.08.030]

(9) You may not use more than 20% of the square footage of your home for your home occupation.

(10) Your home occupation must not generate noise, vibrations, smoke, dust, odors, heat, or glare beyond what you would normally find in a residential area.

(11) You may have no more than one business vehicle which you park at your home. The vehicle must be parked in the garage, side yard, or rear yard. It can be no larger than a pickup truck, panel truck, or van. Buses and trailers may not be parked on your property. You may not repair, store, or dismantle business vehicles on your property outside of your garage.

(12) Your business may not involve the breeding of animals of any kind. [DCCR X.10]

Your must have all necessary government licenses and zoning variances for your business, and operate it in accordance with the county “Home Occupations” section of the county zoning code [CKC 21.08.030(L)]. If you operate a child or senior day care in your home, it must be operated in accordance with the county zoning code as well [CKC 21.08.030(K)].

Important Phone Numbers

General Community Services

Seattle Times – 206-464-2121 Kirkland Reporter – 425-822-9166 Evergreen Hospital – 425-899-1000 Health Department – 206-296-4600 Humane Society – 425-641-0080 Kingsgate Library – 425-821-7686 Voter Registration - 206-296-VOTE

Kirkland Road Maintenance – 425-587-3900

Schools

Robert Frost Elementary – 425-936-2560 Kamiakin Junior High School – 425-936-2400 Juanita High School – 425-936-1600

Lake Washington School District – 425-702-3200 Lake Washington Technical College – 425-739-8100

Emergency Numbers

Kirkland Police – 911 or 425-587-3400 for non-emergencies Kirkland Fire – 911 or 425-587-3650 for non-emergencies Community Information Line – 211 or 206-461-3200

Crisis Line – 1-866-4CRISIS or 206-461-3222

Poison Control Center – 1-800-222-1222

Sexual Assault Resource Center - 1-888-99-VOICE (888-99-86423) Alcohol Abuse – 206-722-3700

Child Protective Services – 1-866-END-HARM (866-363-4276)

Utilities

Waste Management (Trash Pickup) – 1-800-592-9995 Kirkland Utilities (Trash Billing) – 425-587-3150

Puget Sound Energy (Gas and Electric) - 1-888-225-5773 Verizon (Telephone) - 1-800-VERIZON (1-800-837-4966)

Northshore Utility District (Water and Sewer) – 425-398-4400 Comcast (Cable TV) – 1-800-COMCAST (1-800-266-2278)

Swimming

Kingsgate 3 & 4 Pool – 425-821-3300 Juanita High School Pool – 425-936-1627

Veterinarians

Evergreen Veterinary Hospital – 425-821-9040


©2020 by Kingsgate 3&4 Homes Association