ASSOCIATION SUPPLEMENTAL RULES
Sector 2A at Snohomish Cascade Association
1. This instrument documents rules created by Association Actions. It also provides explanations on how the Board of Directors interprets some of the provisions of the Declaration of Covenants, Conditions, Restrictions and Easements (CC&Rs) as well as elaborating on procedures of the Architectural Control Committee (ACC). It contains the noncompliance fee (fine) schedule for noncompliance with the rules. It also contains the list of roofing materials reviewed and determined acceptable by the Board. This is subordinate to the CC&Rs as well as laws of Snohomish County, Washington State and the United States. This instrument replaces the Rules and Procedures of the Architectural Control Committee (ACC Rules). From time to time, there may be resolutions approved that do not appear herein.
2. History: The original ACC Rules were approved by the Board of Directors (Board) in September 2004. An addition was made in February 2007 to establish procedures if a lease or rental were allowed though a Board waiver. There was a set of additions and multiple edits in May 2009. Minor revisions such as adding new approved roofing materials have been made in the interim and they include annotations on the Association Action that caused them to be. This current instrument is a more comprehensive itemization of rules and procedures that supersedes the ACC Rules; it includes matters beyond the realm of the Architectural Control Committee.
3. Rules and Laws that mitigate Association enforcement of some parts of the CC&Rs:
3.1 Display of U.S. Flag (RCW 64.38.033). Our Association has always allowed display of the flag with some restrictions on placement.
3.2 Political Signs (RCW 64.38.034). Per the CC&Rs, the Association has always allowed displays of political signs during election season by an owner on the lot they own.
3.3 Dish Antenna for TV (FCC, Telecommunications Act of 1996). The Association can place some positioning restrictions on an owner but may not prohibit installation of a dish antenna.
3.4 Solar Panels (RCW 64.38.055). The Association can have some restrictions but may not prohibit an owner from installing solar panels.
3.5 Drought Resistant Landscaping (RCW 64.38.057). The Association can insist on a landscape that is properly maintained and aesthetically sound but may not prohibit a landscape plan that features drought resistant features.
3.6 Adult Family Home (RCW 64.38.060). The Association restrictions on rentals and home business remain in force but can’t be applied to prevent the operation of a properly licensed adult family home. Restrictions on landscape and maintenance still apply, provided the restrictions apply to all houses in the subdivision.
3.7 Electric Vehicle Charging Station (RCW 64.38.062). The Association may impose reasonable architectural standards as a requirement but may not prohibit the installation of an electric vehicle charging station.
3.8 Licensed Family Child Daycare (RCW 64.38.140). The Association can impose the same type restrictions as for an adult family home but may not prohibit a properly licensed child daycare.
3.9 Heat Pumps (RCW 64.38.180). The Association has always allowed heat pumps, provided the condenser is located out of view from the front of the house. Such a policy is allowed according to the new code.
4. Allowed Exceptions to Rules: A careful reading of the CC&Rs reveals two distinct methods that a homeowner may do something that contradicts provisions of the CC&Rs (not counting noncompliance). The most common is a variance or exception, described in Section 3.7.5 of the CC&Rs. A variance or exception may be granted by the Architectural Control Committee although members may appeal a decision of the ACC to the Board. To grant a requested variance, the ACC need only consider whether or not the result is in line with the spirit of the rule and is in character for the neighborhood. The less common way is to appeal to the board for relief from provisions described in Section 6.17 of the CC&Rs. This can only be granted by the Board. The Board can only consider relief from the provisions after the HOA member makes a factual showing that following the rule would impose a severe hardship on him or her. Even if the owner/member proves such a hardship, the Board may deny or limit the relief from provisions based on criteria listed in Section 6.17 of the CC&Rs. For most provisions of the CC&Rs either or both procedures might be employed by an owner requesting approval to not fully comply with the exception of approval to rent or lease where the only option is the factual showing of severe hardship to the Board.
5. Section 6.6 of the CC&Rs gives a list of items that should not be parked or stored so that they are in open view from the street. The list includes trailers, boats, RVs, campers, vehicles plus “goods” and “equipment”. It is an important distinction that “vehicle” is identified as a separate category apart from the other items of conveyance listed in the first sentence of CC&Rs §6.6. Thus, the exception to allow “vehicles” in open view on driveways or curbside for up to 72 hours does not apply to the other listed items in the first sentence of CC&Rs §6.6. Furthermore, section 11.6 of the CC&Rs “Interpretation” states that article or section headings in the CC&Rs are for reference purposes only and do not limit the scope of any CC&R. Thus, the fact that Section 6.6 is titled “Vehicles” does not mean that the listed referenced items in that section are all considered vehicles; indeed, it is clear that vehicles are held to be a separate type item. It should also be noted that “Temporary storage” absolutely requires that there exists a primary storage location for any object that is being considered in “temporary storage” on a given lot or curb in front of a lot.
5.1 It is strongly preferred that owners park vehicles and other items in the garage, while driveway and curbside parking be reserved for temporary guest parking. Owners who prefer to not garage all of their owned vehicles may utilize their own driveway for vehicle parking. Allowed vehicles are passenger cars, vans, SUVs, motorcycles, and noncommercial trucks with capacity of one ton or less. Such vehicles must be in good repair and have a good appearance.
5.2 It is understood that boats and other watercraft, trailers, campers, and RVs need to be loaded, unloaded, cleaned and serviced; all of which are most easily done when those items are parked in front of the house.
5.3.1 With the number of homeowners needing to prepare recreational items for outings it would be an unnecessary burden to require owners to obtain a variance every time they wanted to have their item(s) visible from the street for 24 hours or less. To avoid this, these rules provide for a standing conditional revocable variance to allow storage of RVs, trailers, and watercraft in street view for up to 24 hours. Longer visible storage requires a variance from the ACC. Chronic noncompliance with the parking provisions may result in revocation of this variance for a specific homeowner and other enforcement actions. Homeowners who have had this ‘standing variance’ revoked may still request a specific variance from the ACC.
5.3.2. This automatic variance may only be used twice in any given 7 day period or 6 times in any 30 day period without a written variance from the ACC.
5.3.3. For purposes of calculating times, if an item described in Section 5.2 above that is supposed to be screened is unscreened for more than 3 hours in a 24 hour period, it’s considered unscreened for the entire 24 hour period and the automatic variance is spent.
5.3.4. The first time the ACC observes a parking or item storage issue that violates the rules, they will endeavor to send some sort of warning letter or email or have a discussion with the violator. If it later becomes necessary to impose a fine, the ACC will provide a notice of non-compliance and the owner will be provided at least 5 business days to remedy the problem as required by the CC&Rs, Section 6.2.9. The violator should inform the ACC when corrective action is completed so fines stop accruing (or don’t happen at all if the corrective action happens within the 5-day grace period). The violator may appeal the fine to the Board at a regularly scheduled board meeting. Note that the 5-day ‘grace’ period will only be given once for a parking or storage infraction. For repeat violations, there will not be a chance to extend unapproved unscreened storage in plain view by demanding a 5- day grace period for each incident.
5.4. Section 6.6 of the CC&Rs says the listed items should not be in “open view” from the street. For the purposes of these rules, open view means unscreened. A vehicle is considered screened if it’s in the garage or if at least 50% of the vehicle is blocked from view by a 6 foot tall fence. Any visible portions must be of decent appearance and if a cover is employed it must meet certain criteria.
5.5. Section 6.5 of the CC&Rs, prohibits most commercial activities, including the parking of commercial vehicles. Historically, the Association took enforcement action if a vehicle had a commercial logo but that policy has gradually relaxed. Currently, if a commercial vehicle parked here has attached equipment such as a large boom or is large enough to occupy more space than a passenger truck or if it’s obviously construction equipment like a bulldozer or backhoe, it’s considered a commercial vehicle.
5.6. When parking violations reported to the Association are violations of county or state parking laws, the Association will generally ask law enforcement to handle the situation.
6. Yard Maintenance Standards: In Section 6.12 of the CC&Rs it states that required owner maintenance includes keeping the yard up to the standards of other yards in the neighborhood. A certain amount of individuality must be allowed but yards with little or no upkeep will decrease all neighborhood property values and in extreme cases contaminate other yards in proximity with weed seeds and plant diseases.
6.1 Determination of what standard is for a given location is done using common sense. If the three lots in each direction from a given lot have significantly better maintained yards than the given lot, it isn’t meeting the standards.
6.1.1 Two substandard yards may be near each other. It isn’t enough to find one yard nearby that is also poorly maintained to argue the lot in question is up to standards.
6.1.2 Differences need to be significant. If a yard has 10 white clover heads in their lawn and the average in lots around them is 6 or 7 clover heads, the difference isn’t significant.
6.1.3 In comparing the level of yard maintenance, the criteria may include the following but other factors not listed may be included.
6.2.1 Lawns should be mowed regularly. The lawn height should be uniform and under four inches. There should be a minimum of seed heads. Typically, this means weekly mowing during the seasons when the grass is growing fastest.
6.2.2 Lawns should be edged regularly. Edging every second or third mowing is probably sufficient to keep a neat established edge.
6.2.3 Lawns should be fertilized and watered to maintain a moderately dark green to medium green color. If Silver Lake Water and Sewer District restricts watering or an owner limits watering for ecological concerns, the grass may be allowed to go dormant without the lot being considered sub-standard for that alone but areas that actually die should be over seeded to prevent takeover by weeds or the appearance of bare patches of dirt.
6.2.4 Lawns and areas with other plantings should be relatively weed free. Of particular concern are weeds that have been allowed to flower and go to seed or those considered noxious weeds.
6.2.5 Mulched areas should have a consistent color shade across the entire surface indicating that sufficient mulch was applied with the most recent application.
6.2.6 Dead or badly diseased plants should be removed.
6.2.7 Plantings should be of different heights and appropriately spaced to produce visual interest.
6.2.8 Debris such as fallen leaves should be regularly raked up and removed.
6.2.9 Retaining walls and ornamental items (like fountains or bird baths) should be in good repair and not gaudy (no pink flamingoes).
6.2.10 Yards should be a mix of lawn, planted area and hard surfaces, not all of one or the other. If well done, there can be exceptions but balance is generally the most pleasing.
7. Fines Section 6.2.9 of the CC&Rs allows imposition of “Non-Compliance Charges” of up to $500 per day by the Board. Such fines constitute an ongoing lien against the property until collected, even if the lien is not filed. Some situations would warrant such a high charge but the ACC needs to be able to quickly assess smaller fines in more routine situations and have those fines in proportion to the nature of the offense against the Association.
7.1 If the ACC informs an owner of a problem in yard maintenance and the owner either fails to respond, or responds with an inadequate plan of action, or fails to follow through with their promised course of action the ACC may impose a non compliance charge of $25 per day for 30 days, $50 per day for the next 30 days and $100 per day thereafter until the problem is corrected. The initial owner notification must be in writing and the member must be given 5 days to respond. If, in the judgment of the ACC and/or the board, the owner is making acceptable progress, fines may be waived, even if the yard is not currently back up to neighborhood standards.
7.2 If, after being warned about a parking violation (an Association parking violation), an owner fails to correct the problem, the ACC may impose a noncompliance charge of $25 per day for the first 30 days, $50 per day for the next 30 days and $100 per day thereafter until the problem is corrected.
7.3 If an owner or a member of his/her household through a willful destructive act or negligence damages or destroys common area property or other Association assets, a fine of $100 will be imposed and if appropriate the board by a 2/3 majority vote might impose an assessment in the amount needed for repair or replacement. See Section 5 of this rules document.
8. Home Businesses Section 6.5 of the CC&Rs dealing with Commercial Uses states in part: No trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any Lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any Lot without prior written approval from the Architectural Control Committee In deciding whether or not to provide written approval for a Commercial Use when the request is made, the only reason for denial would be a determination that the business activity would impact in a fashion not typical for a residential neighborhood. A few extra parked cars from time to time, an occasional party or meeting, or routine deliveries from FedEx or UPS are quite common in a residential neighborhood and wouldn’t be grounds to refuse permission.
8.1 This section does not apply to the many individuals having a home office which is not the principal place of business for their company, who use the office primarily for office work, don’t see customers on a regular basis and don’t receive or store significant equipment or inventory.
8.2. The Architectural Control Committee will not demand that a homeowner submit a request for a written approval simply because they’ve become aware of a home business. If some other homeowner complains about some aspect of the business or there is some aspect of the business that clearly disrupts the residential character of the neighborhood, the ACC may demand that the homeowner having the business request a proper approval. If the ACC does receive a request for approval for a business that has already been operating, the fact that the business has been running for some time will not be a consideration in the evaluation.
8.3. Any approval given by the ACC or the Board may be withdrawn if any conditions set in the approval are not met or if the business changes in a manner that introduces a new nuisance factor that compromises the residential character of the neighborhood.
8.4. Homeowners requesting approval for a home business should honestly address all the factors that might impact the neighborhood.
8.4.1. If any employees not residing in the neighborhood will come to the home to work, the request should state how many and how long they will be parking.
8.4.2. The request should state how many customers might visit, how long they might stay per visit and how many might visit at the same time. Infrequent meetings or parties with customers isn’t a concern but a business that frequently has large groups of customers might impact neighborhood traffic and parking.
8.4.3. Except for UPS, FedEx and similar carriers with small trucks, the request should include the expected frequency and duration of deliveries or pickups by large trucks.
8.4.4. The request should detail if there will be any special equipment, including business vehicles in view from the street.
8.4.5. The request should detail if there might be loud, repetitive or unusual sounds produced (noise pollution) by the business activity.
8.4.6. The request should mention if any odors or other air pollution might be produced by the business activity.
8.5. An approval given for a home business does not preclude the homeowner from complying with other CC&Rs or laws. For example, a business might need to be properly licensed by the state. Signs are prohibited by the CC&Rs and will not be allowed based on an approval being given for the home business. Storing hazardous chemicals is prohibited on Title and Deed documents as well as the CC&Rs.
8.6. If the ACC determines that a certain home business is not to be approved, either on discovering the business activity or after receiving a written request for an approval to conduct the business, the owner will be given at least 30 days to discontinue the business activity if it is already ongoing. The homeowner may appeal the decision to the Board and based on circumstances may be afforded more than 30 days to stop the business activity while the situation is being reviewed.
8.7. When the ACC does provide written approval for the homeowner to have a home business, it should be considered permission, not an endorsement of the business. The Association is not a partner with any home business and doesn’t want to incur any liability that might arise out of the approval. The business owner is solely responsible for consequences of the business activity and should be appropriately insured.
9. Damage to Common Area {Added by Board action on January 10, 2007} If structures, landscape plantings, or other common area property belonging to the homeowner’s association is damaged through the negligence of a homeowner or by the willful destructive act of any member of a homeowner’s household, a $100 fine will be imposed. Additionally, with a 2/3 majority vote, the Board may impose a special assessment against the member for the actual cost to the Association for repair or replacement of the damaged or destroyed property. Members may appeal to the Board for consideration of mitigating or extenuating circumstances. The judgment of the Board upon review of the appeal is final.
When imposing penalties under this rule, the ACC or the Board will consider a number of factors. If damage resulted from a specific act, was the act deliberate? If the act was deliberate, should the person have been able to anticipate the damage as a possible consequence? If the damage is due to negligence, was there some reasonable course of action the member could have taken to prevent or lessen the damage (e.g. if your healthy tree falls and breaks the common area fence in a windstorm, you aren’t negligent).
10. Procedure for dealing with a hazardous tree in an adjacent greenbelt:
10.1 The first step is to check our maps on the web site and determine who that part of the greenbelt belongs to. Many reports of hazardous trees are those in common area belonging to our neighbors in Gold Creek 1. If that is your situation, you should notify their property management company, McLarin Management (refer to the Gold Creek One HOA page for contact info). We also have adjacent areas belonging to Silver Lake Water and Sewer District, Cross Valley Water, Snohomish County, etc.
10.2 If the tree is in an Association (Sector 2a at Snohomish Cascade Association) owned common area, buffer area, or native growth protection area (NGPA), the next step is to have an ISA (International Society of Arboriculture) Certified Arborist who additionally holds the Tree Risk Assessor Qualification (TRAQ) make the determination if the tree is a hazard to your home structure or property. ISA has a website which can be checked to verify a credential (remember to check for both Certified Arborist and TRAQ).
10.3 The owner is responsible for the arborist's assessment which is typically about $300 for 1-2 trees. Depending on the arborist’s report, the maintenance committee will make a determination of how much the association will share in the removal fee. The arborist will fill out a form to assess the risk of the tree. The Association's general guidance is to cover 100% of the remediation for an extreme risk tree, 80% for a high risk tree and 70% for a moderate risk tree. This can be modified as conditions dictate.
10.4 If the tree is in an NGPA, the tree will need to be felled into the NGPA and as much of the tree that can be left standing should remain to provide habitat. Snohomish County provides guidance on tree removal and specifically addresses trees in NGPAs.
11. Policy on posting political or other signs in Association common areas:
11.1 Most of the year, the only signs allowed according to our CC&Rs (section 6.9) are street and safety signs placed by the county, real estate sale signs and signs approved by the HOA such as annual garage sale announcements. During any election season, the CC&Rs, as demanded by state law, allow owners to place political signs in their own yards.
11.2 We frequently see political signs placed in our common areas, most often the landscaped areas along Snohomish Cascade Drive. The right of way is considered a public forum where sign placement is considered protected free speech but there are limits. In a case where the right of way is an easement and some entity is obligated to maintain the landscape, in this case the Association, signs may only be placed after getting approval of the responsible entity per Snohomish County Code, 13.10.050(5)(e). Sector 2A does not approve any signs in our common areas which include along Snohomish Cascade Drive, the two small parks and the common fence. We encourage owners to do their political advertising from their own yard or if they are part of a campaign to place signs along state roads and other places where they are allowed.
12. Adding or replacing fencing around your lot:
12.1 You will need permission from the Architectural Control Committee to put up a new fence. A few guidelines for fence construction:
12.1 From the CC&Rs in section 6.2.3 all fences in the neighborhood are to not exceed 6 feet tall, except for any fencing that will be in the front of the house past the front of your house towards the street (in which case 4 feet is the height limit). Fences are to be well constructed of wood materials and shall not detract from the appearance of the home located upon the lot.
12.2 The fence color has to match the color of the house or trim, or preferably is a natural color, or is stained a natural brown color resembling wood. Most fences in the neighborhood are vertical cedar slat fences.
12.3 Most fence styles are allowed, but nearly everybody uses a stockade style with vertical cedar slats and a 2x4 (1-1/2 x 3-1/2) top cap above the top of the slats. The ACC will not approve bare open ended slats at the top of the fence panel – the tops get uneven with time and become unsightly.
12.4 The ACC would prefer you to match the fence style to that of existing fences adjacent to your property.
12.5 For project approval, the ACC will need an image, or description, of the type of fencing you intend to install. The ACC will also need a simple plan sketch of the fence lines (i.e., a plan view of your lot and where the new fence will go in). Most neighbors just mark up an image from an online map (e.g. Google Maps, etc.).
12.6. As far as your neighbors are concerned, you will need to make arrangements with them for how to share the fence construction costs. The ACC’s experience has been nearly all neighbors will pay for half the fence that straddles the common property line. However, there is nothing in the Association rules which compel a neighbor to pay for fence costs on a common boundary they’ve not agreed to.
13. Reserving use of a common area:
13.1 The Association has two designated recreation areas, a baseball field and tot play area with limited parking that is known as the ‘Boat Park” and a small play area on 72nd Drive with climbing toys and picnic table that is known as the Tot Park.
13.2 In general, these common areas are available to the public during daylight hours. This is per the agreement made between our developer and Snohomish County Parks to avoid mitigation fees by creating small parks.
13.3 Most of the time, the policy is first come first served. However, it’s expected that residents and users from the public will stay away for safety reasons while the landscape maintenance crews are working which is normally during daylight hours on weekdays.
13.4 It’s possible for groups or individuals to reserve these areas. A group or organization will be asked to provide proof of insurance and a certificate listing the Association as an added named insured and possibly other requirements. Association members can simply ask to be placed on the calendar so they have priority on the play areas. The person managing reservations might change from time to time so the best approach is to contact the Board at [email protected], for the latest contact and directions.
13.5 At the Boat Park, there are bollards that prevent use of the parking lot. The bollards can be removed but the requesting user will be asked to be responsible for the bollards while they are disconnected and to properly secure them at the conclusion of their activity.
14. Allowed Roofing Materials. {Added by Board action on September 12, 2007} Section 6.2.2 of the CC&Rs dealing with building materials originally limited the options for roofing materials to either cedar shakes or tiles. By affirmative vote of greater than a 75% majority of association members an Amendment 4 to the CC&Rs was approved and recorded on August 27, 2007. This amendment changed the sentence in Section 6.2.2 that gives approved roofing materials so that it now reads, “Roofing materials must be cedar shingle, shake, tile, or certain specific brands of fiberglass architectural shingles as the Board may from time to time designate by rule as being appropriate” In addition to cedar shingle or shake and concrete tile, the following materials are approved as roofing materials:
14.1 CertainTeed Presidential TL {approved by Board action, September 12, 2007}
14.2 From manufacturer GAF, products ‘Grand Sequoia’ and ‘Grand Canyon’. {approved by Board action, July 3, 2012}
14.3 From manufacturer CertainTeed, product Presidential (2 ply, as opposed to TL which is 3 ply) {approved by Board action, August 24, 2012, posted in minutes of August meeting}
14.4 From manufacturer, PABCO, ‘Paramount Advantage’ in any of the colors listed here; antique black, pewter gray, oakwood, weathered wood, cedarwood and driftwood. {approved by Board action, March 3, 2014, posted in minutes of March 2014 meeting}
14.5 From manufacturer GAF (limited approval), the product ‘Lifetime Timberline Natural Shadow’ approved for sheds, pool covers and other outbuildings but not primary house structure. {approved by Board action, August 5, 2014, posted in minutes of August 2014 meeting}
14.6 From manufacturer Owens Corning, the product 'Woodcrest'.
15. Holiday Decorations. Section 6.12 of the CC&Rs state that it is the Owners responsibility for all maintenance, upkeep, and repair of individual Lots and homes and that Owners shall maintain their Lots and home is good repair and in clean, slightly, and sanitary condition at all times. That the Owner is obligated to keep their Lot and home in that condition in a manner comparable to that on the other Lots in Gold Creek 2A. So that our neighborhood presents itself in such a manner as to not be unsightly and therefore cause it or portions of it to appear run-down the following apply:
15.1 All holiday (Christmas, Easter, Halloween, etc.) decorations are to be removed from the Lot’s structures (home, sheds, etc.) and yard no later than 30 days after the holiday.
15.2 An Owner can display a seasonal flag and one other appropriate flag such as a college flag, etc.
15.3 All decorations and flags must be in good taste and maintained in good repair.
16. Equipment Storage Covers. Section 6.6 of the CC&Rs state that no storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from the street or from any Lot. See Section 6.6 for further information and exceptions. This clarifying rule helps to keep the neighborhood looking clean and attractive and in a manner comparable to that on the other Lots in Gold Creek 2A in accordance with Section 6.12. It will prevent unsightly covers such as the blue tarp and other colors from detracting the neighborhood thus causing a possible loss of property value or loss of property sale due to appearance. To clarify this Section, the following applies mainly to RVs, trailers and boats but does not exclude the other items listed in Section 6.6:
16.1 A written plan is required to be submitted for prior approval from the ACC for any Owner planning to store/park any of the items listed in Section 6.6 such as RVs, trailers, and boats. The plan must include all property modifications to accommodate the storage/parking of the item including but not limited to; new pavement, new fence, new gate, new gate in existing fence, and the addition of any structural elements to protect or screen the item.
16.2 If Owner plans to cover the RV, trailer, boat or other item, when it is visible above a 6 ft fence, from the street, or from an adjoining Lot, the color of the cover is to be compatible with the house color meaning the same as the house color or some earth tone color that doesn’t clash with the color of the house. Cover colors such as vinyl blue tarps are not allowed.