Amendment to Kingsgate 3&4 Bylaws

At this year’s Kingsgate 3&4 Annual Meeting, the board presented and asked for your feedback on two proposed amendments to our Association Bylaws that would change the policies regarding how the Association applies the existing covenants. We very much appreciate the feedback we received at the Annual Meeting and through many emails, phone calls, and other contacts. I’m writing to you to let you know what the board decided with regard to these proposed amendments.

Boat Parking Rule Change NOT Approved

The first proposed amendment would have expanded the conditions under which the board would exercise its discretion to not enforce the restriction on parking on your lot. Our covenants as written don’t allow any parking outside your garage at all, but the board has previously established a policy, contained in Article XVII Section 2 of the Bylaws, of not enforcing that covenant under certain circumstances. The proposed amendment would add an additional condition under which the parking covenant would not be enforced, which would allow trailered boats to be parked in driveways between May 1 and September 30 of each year if certain conditions were met. The Board decided unanimously to NOT approve this change. This means that our existing policy – that parking of boats in driveways is not permitted at any time – continues to be in force. You can continue to park boats in enclosed areas of side or rear yards not visible from the street if neighbors do not object.

Landscape Maintenance Rules APPROVED

The second proposed amendment establishes some specific things that are considered to be “annoyances or nuisances to the neighborhood”. Our existing covenants prohibit anything being done on a lot “which may be or may become an annoyance or nuisance to the neighborhood”, but do not define what that means. The board felt it necessary to list some specific things that are considered annoyances and nuisances, so people would be aware and could avoid allowing these conditions to exist. The specific things the board initially included in the list are:

1. grass taller than six inches;

2. weeds that have grown to the point of releasing seeds that may be spread by the wind to other lots;

3. shrubbery or tree branches that extend over any roadway or sidewalk at a height less than eight feet above the roadway or sidewalk;

4. ivy, blackberries, or other invasive plant species that have grown beyond the lot boundaries onto adjacent lots;

5. dead trees or shrubs;

6. trees that are diseased, leaning dangerously, or otherwise threatening to buildings or property.

The Board decided unanimously to APPROVE this change. This means that going forward we will respond to complaints about these annoying and nuisance conditions and use the enforcement process defined in the Homeowners Guide (pages 7-9) to address them.

We’ll be sending you all a letter in the near future formally announcing the adoption of the new Section 7 of Article XVII of the Bylaws, and also updating the Bylaws and the Homeowner Guide that are posted on the web site.

If you have any questions regarding these decisions or the new Bylaw section, please call me at 206-790-6377 or email me at k3president@kingsgate.org.

Best regards,

Toby Nixon President, Kingsgate Highlands Divisions 3 & 4 Homes Association

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Proposed By-Law Amendment

Article XVII Enforcement of Covenants, Conditions, and Restrictions

(unmodified sections omitted)

The Amendment to Section 2 below was NOT approved by the Board.

Section 2.  Parking.  The Board of Trustees will refrain from exercising its discretion to enforce the restriction contained within Article X, Section 4, of the Declaration, which prohibits the keeping or storing of vehicles (including buses and trailers of any description) used for private purposes outside of any building on any residential lot, when a vehicle which would otherwise be in violation of the restriction meets all of the following conditions:

(a) is properly licensed; and,

(b) is in good operating condition; and,

(c) is not dismantled; and,

(d) is parked in accordance with all public laws and ordinances; and,

(e) if it is a passenger car, van, minivan, pickup or light truck, sport utility vehicle, or motorcycle, is parked in the driveway or within an enclosed area of a side or rear yard, not visible from the street; and,

(f) if it is a recreational vehicle, motor home, camper, or boat, is parked in an enclosed area of a side or rear yard, not visible from the street, and adjacent neighbors have been consulted and have expressed no objection to the parking of such vehicle; and,

(g) if it is a trailered boat, is owned by a resident of the lot; is parked in the driveway between May 1 and September 30 only; is not occupied by any person; no part of the boat or trailer extends into the sidewalk or street; the cover, if any, is clean, designed to be a boat cover (not a tarp), tightly fitting, and in good repair; and no more than one trailered boat is parked in the driveway of the lot.

The new Section 7 below was APPROVED by the Board.

Section 7.  Definition of “Annoyance or Nuisance to the Neighborhood”.  Article X, Section 4 of the Declaration of Covenants, Conditions and Restrictions prohibits anything from being done on any lot “which may be or may become an annoyance or nuisance to the neighborhood.” The following conditions are declared to be an annoyance or nuisance to the neighborhood:

(a)  grass taller than six inches;

(b)  weeds that have grown to the point of releasing seeds that may be spread by the wind to other lots;

(c)  shrubbery or tree branches that extend over any roadway or sidewalk at a height less than eight feet above the roadway or sidewalk;

(d)  ivy, blackberries, or other invasive plant species that have grown beyond the lot boundaries onto adjacent lots;

(e)  dead trees or shrubs;

(f)    trees that are diseased, leaning dangerously, or otherwise threatening to buildings or property.

The list above does not limit the discretion of the Board of Trustees to declare certain conditions or actions as an annoyance or nuisance. Additional conditions or actions may be deemed an annoyance or nuisance to the neighborhood at the discretion of the Board of Trustees.