1) What exactly is the name of the homeowner’s association?
Sector 2A at Snohomish Cascade Association is the name of the association. The neighborhood is commonly known as Gold Creek and the association was originally named ‘Gold Creek Sector 2A at Snohomish Cascade’ or simply ‘Gold Creek 2A’ but the name was changed to prevent confusion with the other divisions in Gold Creek. The plat names begin ‘Snohomish Cascade Sector 2A’ (Phase I, II, or III).
2) How many homes make up the association?
Sector 2A at Snohomish Cascade Association consists of 247 homes. The Gold Creek divisions to our west who now refer to themselves as Gold Creek 1 consist of 453 homes, so we make up about one third of Gold Creek.
3) Is membership in the association mandatory?
Yes, by taking ownership of a property you assumed a contractual obligation to be a member of the association.
4) Does the association have a property manager?
No, we are staffed entirely with volunteers who are fellow members residing in the neighborhood. Our neighbors in Gold Creek 1 use the services of McLarin Management. Most associations our size do use a management company and we have considered the option several times in the past. As of 2023 we are actively looking a property management company to take over the financial and accounting duties of the HOA. The intent is the HOA board would still retain fiscal authority for budgeting and other expenditures.
5) What are the CC&Rs?
The term CC&Rs refers to the ‘Declaration of Covenants, Conditions, Restrictions, and Easements’, also commonly referred to as “The Declaration”. This is a document that is part of the public records of Snohomish County. There are other governing documents for the association, including ‘Articles of Incorporation’, ‘Bylaws’, and ‘The Rules and Procedures of the Architectural Control Committee’, but in cases where these other documents don’t agree with the CC&Rs, the other documents are subordinate to the CC&Rs. Of course, if the CC&Rs conflict with the laws of Snohomish County, Washington State or Federal law, the CC&Rs are subordinate.
6) Can the Board of Directors of the association create new rules or amend the existing rules?
The Board can amend the Bylaws or the Rules and Procedures of the Architectural Control Committee with a simple majority vote at a meeting where a quorum is present. Such an amendment might be the addition of new rules or modification of existing rules. Likewise, the membership (247 members, not just Directors and Officers) can amend these documents at a meeting where a quorum is present in person or by proxy. Making a change to the CC&Rs is more difficult; requiring the affirmative vote of 75% of the membership (186 ‘yes’ votes).
7) Are our governing documents about the same as those for Gold Creek 1?
The original documents were created by the same law firm for the same developer so they’re quite similar but they are not identical. Not only are the documents different, the interpretation applied by each association and eventually adopted as ‘custom’ may be quite different.
8) How much are the dues?
The ‘dues’ or ‘annual assessments’ are calculated by taking the annual budget for the upcoming year and dividing by 247 to determine each member’s share. The annual assessment for calendar year 2024 is $600 and due on January 1, 2024 with payments expected in the 60 day period after the due date (the first month is a grace period and a late fee isn’t imposed for the second month unless payment is a full 60 days past due).
In 2022 the annual assessment was $540 and the board voted to raise it to $600 beginning in 2023 accommodate the higher costs of common area landscaping, maintenance, and insurance.
9) What do the assessments pay for?
For details, review the budget (all of the budgets can be accessed from the records page). The main expenses are the cost of maintaining or improving the common areas, particularly those that are landscaped. We also have to fund a reasonable reserve to cut down hazardous trees or deal with other safety issues on common area property. The next biggest cost is insurance coverage, primarily liability coverage for the common areas. We pay utility bills for water (sprinkler systems), garbage (pickup at the two play areas) and electricity (street light over parking area near the ball field.). Costing much less (relatively speaking) we prepare and mail a newsletter, purchase signs for yard and holiday decoration awards and have general admin expenses associated with bookkeeping, annual audits, conducting elections and the infrequent use of attorneys. We also put $40 per member per year in a reserve fund set aside for replacement or major renovation of our more expensive capital items, specifically the common area fence and two storm water detention ponds.
10) Do our common area parks belong to the public?
We allow use of our parks by the public but they belong to the association. We reserve parks for use by groups like the Little League to insure they are able to effectively schedule games and practices but generally the play areas are available for the shared cooperative use by members, their families and guests, and secondarily to other members of the public.
11) What is the Architectural Control Committee?
The Architectural Control Committee (ACC) is a group of three to five members who need not be homeowners appointed by the Board of Directors who are responsible for reviewing plans for home improvements or providing advance approval for certain activities, making sure there is compliance with the CC&Rs and other rules or granting exceptions or variances where appropriate. They also provide the first level of enforcement when rule violations come to their attention.
12) What types of changes to my property require approval of the Architectural Control Committee (ACC).
Changes that alter the appearance of the lot or structures on the lot or potentially alter drainage patterns are the main activities that require an advance approval. Painting the house exterior is a prime example. Other projects requiring approval would be building sheds, adding a room to the house, getting a new roof, building a new fence or changing the existing one, or adding a pool or hot tub, or adding solar panels. Minor changes to landscape don’t require approval unless the change includes new retaining walls, new patio or driveway or excavations that would alter the grade of the lot.
13) How do I submit a request to the Architectural Control Committee (ACC) and how long will the process take?
Requests or requests for information should be sent via email to [email protected]. The ACC has 15 working days to let the homeowner know whether or not the application is complete. What constitutes a complete application varies based on project but where appropriate should include a sketch showing relative location on the lot, drawings showing elevations and listing the type exterior materials used as well as all exterior colors and square footage. Once the ACC has a complete application, they have 20 working days to make a decision. Typically, the process takes a week to ten days total and the ACC may simply notify the homeowner that the project is approved without first alerting them the application was complete.
14) If a change is made without the required approval of the Architectural Control Committee (ACC) and for whatever reason the ACC or Board of Directors fails to take immediate action (for example, nobody noticed the project) is there a time span after which the project would be automatically permitted?
No. The CC&Rs say (Section 3.7.5) that failure of the ACC to respond to the request constitutes a denial of the request. They also say (Section 9.1) that failure of the Board or Association to act in one instance in no way limits their right to enforce on the same issue later. The exception is when the ACC notifies the owner that the application is complete and fails to respond within 60 days of that; the CC&Rs (Section 3.7.3) says in that case the homeowner may consider that approval was given.
15) What criteria does the Architectural Control Committee (ACC) use in granting approvals or in deciding that a homeowner is violating a rule?
There are some aspects of the rules where a completely objective decision can be made. For example, fencing and exterior siding must be made of real wood, not vinyl, metal, or composite wood product. Many other areas, like acceptable paint colors for house or shed exteriors, require subjective decisions based on general guidelines in the CC&Rs. The committee allows considerable latitude when it comes to colors and color combinations and standards for things like yard maintenance. Allowing for different standards and tastes does not mean the ACC will shirk their responsibility to maintain the desirability of the neighborhood. As decisions are ironed out, new rules are created in the ‘Rules and Procedures of the Architectural Control Committee’ that reflect those decisions and insure when the same or similar issue comes up in the future the decisions will be consistent with the precedent set, to the degree possible.
16) What happens if the Architectural Control Committee (ACC) or the Board of Directors (Board) discovers that I’m breaking a rule?
For most rules, if this is the first time you’ve broken the rule in question, the ACC will send you a letter to make sure you’re aware of the rule and give you a time period to take corrective action. If you’ve broken the same rule in the past or if you fail to take corrective action after the initial warning you will likely be sent a letter by certified mail advising you that fines will be imposed. The CC&Rs permit the imposition of fines up to $500 per day. For most infractions, the fine begins at $25 per day, goes to $50 per day after 30 days and $100 per day after 30 more days. For more serious infractions, fines might start at $100 per day. An explanation of the fine structure can be found in the ‘Rules and Procedures of the Architectural Control Committee’. The association does not budget with the intent of receiving income from the imposition of fines but it is often the only effective way to get members to follow the rules.
17) Under what circumstances might a variance or exception to a rule be made by the Architectural Control Committee (ACC) or Board of Directors (Board)?
If strictly following one or more of the association rules would cause a severe hardship for a particular member, the ACC or the Board might grant either a variance or make an exception to the rule for that homeowner, with or without special conditions attached. Minor inconveniences or frustrations over differences in taste don’t constitute severe or extreme hardship. Even when the rule would cause a severe hardship, the greater duty of the ACC and the Board is to protect the collective interests of all homeowners. The granting of a variance or exception in one instance does not oblige the ACC or Board to do the same in the future (no precedent is established)
18) Can decisions of the Architectural Control Committee (ACC) be appealed?
Decisions of the ACC may be appealed to the Board of Directors (Board) and their decision is final (unless you can deliver to the Secretary of the Association a petition with signatures of 25 or more members in good standing demanding a vote of the entire membership or you file a lawsuit, either option giving you a possible final resolution). To appeal, you should contact the President or Secretary and request time at the next scheduled meeting of the Board.
19) What should I do if my neighbor is breaking a rule?
Depending on your comfort level (and your neighbor’s personality), the best approach is often a neighborly conversation letting him or her know why their violation of the rule negatively impacts you or the neighborhood. If that fails or isn’t something you’re comfortable doing, send a letter or email to the Board of Directors (Board), preferably identifying yourself (even if you prefer not being identified to the violating neighbor). Don’t get frustrated if the Board fails to correct the situation in the manner you think best; the Board is given the authority to enforce the rules but also has the right to determine how resources are utilized to enforce the collection of all violations. In certain situations like parking in the street or chronic dog barking, the Board may suggest you take the matter up with the sheriff’s office or other appropriate county agency. Keep in mind that the CC&Rs exist for the benefit of all homeowners (not just the Board or the Association as a corporate entity) and you are entitled to file a lawsuit against your neighbor on your own, using the CC&Rs as support for your case, even if the Board has failed to act in a way you might consider adequate.
20) Can I keep a boat, RV, trailer, or recreational craft on my property?
A strict interpretation of the CC&Rs would suggest you could only do so if it were kept garaged so it was out of sight from the street or any other neighboring property. The Association follows a precedent based on an interpretation made by the developer of the community where the items will be permitted if they are screened from view by a 6 foot fence and the portion that can be seen is maintained so that it isn’t considered unsightly in the opinion of the Board of Directors (Board). During periods of packing, unpacking, or owner maintenance, these items may be kept in the homeowner’s driveway but never for a period longer than 3 days or more often than twice per month. See sections 1 and 13 of the ACC rules for specifics on temporary parking.
21) Do I need Architectural Control Committee (ACC) approval to erect a temporary structure such as a metal frame canvas roof shelter for my boat or RV?
You need approval for any structure constructed or erected on the lot, permanent or temporary, from the main house structure down to something as small as a dog run. The ACC will generally insist that shelters for boats or RVs need to have the same roofing and siding materials as the main house, while glass might be permitted for greenhouses or sunrooms and certain other materials might be allowed as shelters over pools, hot tubs or picnic table areas. Even temporary structures must be erected with consideration to the county building setback rules which are 5 feet from side and back lot lines according to Snohomish County Code 30.42B.145.
22) Can I run a home business?
You can but doing so requires the advance written approval of the ACC. Section 4 of the ACC rules contains a list of things to be considered when making the request to [email protected]. Some of the considerations include, the number and type of vehicles that might be parked by the home because of the business, changes to the appearance of the home because of the business including signage, odors and noises from the business or any other factors that might create an atmosphere out of character for a residential neighborhood. Businesses with few or no employees other than the homeowner, visits from customers that are one or two at a time (or infrequent parties) and minimal deliveries from vehicles larger than FedEx or UPS trucks will generally be given approval.
23) Can I post signs on my property?
You can post political signs during an election season and a real estate agent can post a sign in your yard if you’re selling the house but otherwise you can’t. While not permitted by the rules, the Board of Directors (“Board”) has chosen to not enforce the sign rule strictly in the case of temporary garage sale signs if they’re removed promptly after the sale, lost pet signs taped to mail boxes if removed after about a week and temporary signs created and posted by young children as part of their play activities.
24) Can I extend my driveway with gravel or have a secondary driveway made with gravel?
In general, concrete is the only acceptable material for any driveway on your lot. The ACC will generally insist the concrete on the driveway extension has the same texture as the main driveway, the surface runoff water removal is not adversely impacted, and the work is professionally done.
25) When can I have my garbage and recycle bins visible from the street?
With the exception of a few Saturday pickups after holidays, Friday is our normal collection day. Bins can be placed at the curb after noon the day before pickup (generally Thursday) and should be retrieved and moved behind the house or fence or in the garage by noon the day after pickup (generally Saturday). Common sense also demands that homeowners be permitted to keep yard waste bins visible any time they’re working in the yard and filling the bin. After missed pickups by Waste Management or when you’re turning in a bin to the garbage company, the bin can remain curbside as required by the garbage company to get the needed service.
26) Can a homeowner specify an address other than the neighborhood property where official notifications from the homeowner’s association are to be sent?
You can specify a different address by notifying the Secretary of the Association in writing. Since, the Association can consider any certified or registered mail received two days after it is sent, you should have an address where such mail will be received and signed for. The burden of notifying the Association of changes to this address is with the owner. If no notification is given to the Secretary, all official notices and other correspondence will be sent to the address of the lot within Sector 2A at Snohomish Cascade (aka Gold Creek 2A).
27) What is the “Boat Park”?
Don’t get excited boat owners; we don’t have a storage yard for water craft. The “Boat Park” is the tot play area adjacent to our baseball field on Snohomish Cascade Drive west of 67th Drive where there used to be a colorful boat-styled climbing toy. The boat is gone, but the name carries on.
28) How do I deal with a hazardous tree in the greenbelt adjacent to my lot?
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 areas 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 & Sewer District, Cross Valley Water, Snohomish County, etc.
If the tree is in a Gold Creek 2A HOA owned common area, buffer area, or 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 here which can be checked to verify a credential (remember to check for both Certified Arborist and TRAQ).
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 similar to this 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.
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.
The guidance discussed in this FAQ is based on guidance presented by the Office of the State Insurance Commissioner in which the HOA is the neighbor with the subject tree.
Contact [email protected] for help or questions.
29) When does the board meet and can I attend a board meeting?
The board meetings are normally held in person on the first Tuesday of every month at 7pm (except in January and July). All members of the association are welcome to attend. Please send an email to [email protected] to receive an email invite.
30) Do I need approval to paint my home exterior?
Yes, the ACC is required to approve all exterior modifications. Generally, the ACC requires which colors are intended to be used for the exterior surfaces (e.g., siding), trim, front door, and garage doors. Send your request to [email protected] with the manufacturer and color chip/ID (e.g., Sherwin Williams, Hyper Blue, SW6965) of all the intended colors.
31) Do I need approval to add solar panels to my roof?
Yes, the ACC is required to approve all exterior modifications but state law limits what HOAs can and cannot do. Send your request to [email protected]. Generally, the ACC requires:
32) I would like to make an addition to my home, or add a new shed, or other outbuilding to my property, what does the ACC look at for approval?
Send all requests to [email protected]. The ACC will need the following information:
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.
We frequently see political signs placed in our common areas, most frequently 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 HOA, 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.
34) Do I need permission to install a heat pump or air conditioner in my house?
In general, the ACC is not concerned with in house improvements, however in the case of air conditioning (or a heat pump) the ACC will stipulate that the condenser (the component with the fan and heat exchanger which are located outside) is not visible from the street in front of the home. Ideally, this is in the backyard or behind the side fence to the backyard.
35) Do I need permission to install new fencing on my lot?
You will need permission from the Architectural Control Committee to put up a new fence. A few guidelines for fence construction:
For project approval 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 Google maps.
As far as your neighbors are concerned, you will need to make arrangements with them for how to share the fence construction costs. Our experience has been nearly all neighbors will pay for half the fence that straddles the common property line. However, there is nothing in the HOA rules which compel a neighbor to pay for fence costs on a common boundary they’ve not agreed to.
37) Whom do I contact if I would like to be involved with HOA board and how are board members elected?
The association typically takes nominations for the 7 board positions in January and February. Any resident may nominate themselves or another resident with an email sent to [email protected]. The board Secretary then prepares and mails election ballots in late April. The ballots are received and counted before the annual meeting which coincides with the regularly scheduled June board meeting (1st Tuesday in June). If a board member resigns or is unable to continue serving, the board of directors may appoint a replacement to serve out the remainder of the term. In addition to the board, the association has two standing committees which could always use volunteers: The maintenance committee is responsible for oversight of the common area and grounds upkeep in the neighborhood. Contact [email protected] if you would like to be involved. The architectural control committee reviews and approves homeowner projects/improvements and investigates homeowner rule violations. Contact [email protected] if you would like to be involved.
Sector 2A at Snohomish Cascade Association is the name of the association. The neighborhood is commonly known as Gold Creek and the association was originally named ‘Gold Creek Sector 2A at Snohomish Cascade’ or simply ‘Gold Creek 2A’ but the name was changed to prevent confusion with the other divisions in Gold Creek. The plat names begin ‘Snohomish Cascade Sector 2A’ (Phase I, II, or III).
2) How many homes make up the association?
Sector 2A at Snohomish Cascade Association consists of 247 homes. The Gold Creek divisions to our west who now refer to themselves as Gold Creek 1 consist of 453 homes, so we make up about one third of Gold Creek.
3) Is membership in the association mandatory?
Yes, by taking ownership of a property you assumed a contractual obligation to be a member of the association.
4) Does the association have a property manager?
No, we are staffed entirely with volunteers who are fellow members residing in the neighborhood. Our neighbors in Gold Creek 1 use the services of McLarin Management. Most associations our size do use a management company and we have considered the option several times in the past. As of 2023 we are actively looking a property management company to take over the financial and accounting duties of the HOA. The intent is the HOA board would still retain fiscal authority for budgeting and other expenditures.
5) What are the CC&Rs?
The term CC&Rs refers to the ‘Declaration of Covenants, Conditions, Restrictions, and Easements’, also commonly referred to as “The Declaration”. This is a document that is part of the public records of Snohomish County. There are other governing documents for the association, including ‘Articles of Incorporation’, ‘Bylaws’, and ‘The Rules and Procedures of the Architectural Control Committee’, but in cases where these other documents don’t agree with the CC&Rs, the other documents are subordinate to the CC&Rs. Of course, if the CC&Rs conflict with the laws of Snohomish County, Washington State or Federal law, the CC&Rs are subordinate.
6) Can the Board of Directors of the association create new rules or amend the existing rules?
The Board can amend the Bylaws or the Rules and Procedures of the Architectural Control Committee with a simple majority vote at a meeting where a quorum is present. Such an amendment might be the addition of new rules or modification of existing rules. Likewise, the membership (247 members, not just Directors and Officers) can amend these documents at a meeting where a quorum is present in person or by proxy. Making a change to the CC&Rs is more difficult; requiring the affirmative vote of 75% of the membership (186 ‘yes’ votes).
7) Are our governing documents about the same as those for Gold Creek 1?
The original documents were created by the same law firm for the same developer so they’re quite similar but they are not identical. Not only are the documents different, the interpretation applied by each association and eventually adopted as ‘custom’ may be quite different.
8) How much are the dues?
The ‘dues’ or ‘annual assessments’ are calculated by taking the annual budget for the upcoming year and dividing by 247 to determine each member’s share. The annual assessment for calendar year 2024 is $600 and due on January 1, 2024 with payments expected in the 60 day period after the due date (the first month is a grace period and a late fee isn’t imposed for the second month unless payment is a full 60 days past due).
In 2022 the annual assessment was $540 and the board voted to raise it to $600 beginning in 2023 accommodate the higher costs of common area landscaping, maintenance, and insurance.
9) What do the assessments pay for?
For details, review the budget (all of the budgets can be accessed from the records page). The main expenses are the cost of maintaining or improving the common areas, particularly those that are landscaped. We also have to fund a reasonable reserve to cut down hazardous trees or deal with other safety issues on common area property. The next biggest cost is insurance coverage, primarily liability coverage for the common areas. We pay utility bills for water (sprinkler systems), garbage (pickup at the two play areas) and electricity (street light over parking area near the ball field.). Costing much less (relatively speaking) we prepare and mail a newsletter, purchase signs for yard and holiday decoration awards and have general admin expenses associated with bookkeeping, annual audits, conducting elections and the infrequent use of attorneys. We also put $40 per member per year in a reserve fund set aside for replacement or major renovation of our more expensive capital items, specifically the common area fence and two storm water detention ponds.
10) Do our common area parks belong to the public?
We allow use of our parks by the public but they belong to the association. We reserve parks for use by groups like the Little League to insure they are able to effectively schedule games and practices but generally the play areas are available for the shared cooperative use by members, their families and guests, and secondarily to other members of the public.
11) What is the Architectural Control Committee?
The Architectural Control Committee (ACC) is a group of three to five members who need not be homeowners appointed by the Board of Directors who are responsible for reviewing plans for home improvements or providing advance approval for certain activities, making sure there is compliance with the CC&Rs and other rules or granting exceptions or variances where appropriate. They also provide the first level of enforcement when rule violations come to their attention.
12) What types of changes to my property require approval of the Architectural Control Committee (ACC).
Changes that alter the appearance of the lot or structures on the lot or potentially alter drainage patterns are the main activities that require an advance approval. Painting the house exterior is a prime example. Other projects requiring approval would be building sheds, adding a room to the house, getting a new roof, building a new fence or changing the existing one, or adding a pool or hot tub, or adding solar panels. Minor changes to landscape don’t require approval unless the change includes new retaining walls, new patio or driveway or excavations that would alter the grade of the lot.
13) How do I submit a request to the Architectural Control Committee (ACC) and how long will the process take?
Requests or requests for information should be sent via email to [email protected]. The ACC has 15 working days to let the homeowner know whether or not the application is complete. What constitutes a complete application varies based on project but where appropriate should include a sketch showing relative location on the lot, drawings showing elevations and listing the type exterior materials used as well as all exterior colors and square footage. Once the ACC has a complete application, they have 20 working days to make a decision. Typically, the process takes a week to ten days total and the ACC may simply notify the homeowner that the project is approved without first alerting them the application was complete.
14) If a change is made without the required approval of the Architectural Control Committee (ACC) and for whatever reason the ACC or Board of Directors fails to take immediate action (for example, nobody noticed the project) is there a time span after which the project would be automatically permitted?
No. The CC&Rs say (Section 3.7.5) that failure of the ACC to respond to the request constitutes a denial of the request. They also say (Section 9.1) that failure of the Board or Association to act in one instance in no way limits their right to enforce on the same issue later. The exception is when the ACC notifies the owner that the application is complete and fails to respond within 60 days of that; the CC&Rs (Section 3.7.3) says in that case the homeowner may consider that approval was given.
15) What criteria does the Architectural Control Committee (ACC) use in granting approvals or in deciding that a homeowner is violating a rule?
There are some aspects of the rules where a completely objective decision can be made. For example, fencing and exterior siding must be made of real wood, not vinyl, metal, or composite wood product. Many other areas, like acceptable paint colors for house or shed exteriors, require subjective decisions based on general guidelines in the CC&Rs. The committee allows considerable latitude when it comes to colors and color combinations and standards for things like yard maintenance. Allowing for different standards and tastes does not mean the ACC will shirk their responsibility to maintain the desirability of the neighborhood. As decisions are ironed out, new rules are created in the ‘Rules and Procedures of the Architectural Control Committee’ that reflect those decisions and insure when the same or similar issue comes up in the future the decisions will be consistent with the precedent set, to the degree possible.
16) What happens if the Architectural Control Committee (ACC) or the Board of Directors (Board) discovers that I’m breaking a rule?
For most rules, if this is the first time you’ve broken the rule in question, the ACC will send you a letter to make sure you’re aware of the rule and give you a time period to take corrective action. If you’ve broken the same rule in the past or if you fail to take corrective action after the initial warning you will likely be sent a letter by certified mail advising you that fines will be imposed. The CC&Rs permit the imposition of fines up to $500 per day. For most infractions, the fine begins at $25 per day, goes to $50 per day after 30 days and $100 per day after 30 more days. For more serious infractions, fines might start at $100 per day. An explanation of the fine structure can be found in the ‘Rules and Procedures of the Architectural Control Committee’. The association does not budget with the intent of receiving income from the imposition of fines but it is often the only effective way to get members to follow the rules.
17) Under what circumstances might a variance or exception to a rule be made by the Architectural Control Committee (ACC) or Board of Directors (Board)?
If strictly following one or more of the association rules would cause a severe hardship for a particular member, the ACC or the Board might grant either a variance or make an exception to the rule for that homeowner, with or without special conditions attached. Minor inconveniences or frustrations over differences in taste don’t constitute severe or extreme hardship. Even when the rule would cause a severe hardship, the greater duty of the ACC and the Board is to protect the collective interests of all homeowners. The granting of a variance or exception in one instance does not oblige the ACC or Board to do the same in the future (no precedent is established)
18) Can decisions of the Architectural Control Committee (ACC) be appealed?
Decisions of the ACC may be appealed to the Board of Directors (Board) and their decision is final (unless you can deliver to the Secretary of the Association a petition with signatures of 25 or more members in good standing demanding a vote of the entire membership or you file a lawsuit, either option giving you a possible final resolution). To appeal, you should contact the President or Secretary and request time at the next scheduled meeting of the Board.
19) What should I do if my neighbor is breaking a rule?
Depending on your comfort level (and your neighbor’s personality), the best approach is often a neighborly conversation letting him or her know why their violation of the rule negatively impacts you or the neighborhood. If that fails or isn’t something you’re comfortable doing, send a letter or email to the Board of Directors (Board), preferably identifying yourself (even if you prefer not being identified to the violating neighbor). Don’t get frustrated if the Board fails to correct the situation in the manner you think best; the Board is given the authority to enforce the rules but also has the right to determine how resources are utilized to enforce the collection of all violations. In certain situations like parking in the street or chronic dog barking, the Board may suggest you take the matter up with the sheriff’s office or other appropriate county agency. Keep in mind that the CC&Rs exist for the benefit of all homeowners (not just the Board or the Association as a corporate entity) and you are entitled to file a lawsuit against your neighbor on your own, using the CC&Rs as support for your case, even if the Board has failed to act in a way you might consider adequate.
20) Can I keep a boat, RV, trailer, or recreational craft on my property?
A strict interpretation of the CC&Rs would suggest you could only do so if it were kept garaged so it was out of sight from the street or any other neighboring property. The Association follows a precedent based on an interpretation made by the developer of the community where the items will be permitted if they are screened from view by a 6 foot fence and the portion that can be seen is maintained so that it isn’t considered unsightly in the opinion of the Board of Directors (Board). During periods of packing, unpacking, or owner maintenance, these items may be kept in the homeowner’s driveway but never for a period longer than 3 days or more often than twice per month. See sections 1 and 13 of the ACC rules for specifics on temporary parking.
21) Do I need Architectural Control Committee (ACC) approval to erect a temporary structure such as a metal frame canvas roof shelter for my boat or RV?
You need approval for any structure constructed or erected on the lot, permanent or temporary, from the main house structure down to something as small as a dog run. The ACC will generally insist that shelters for boats or RVs need to have the same roofing and siding materials as the main house, while glass might be permitted for greenhouses or sunrooms and certain other materials might be allowed as shelters over pools, hot tubs or picnic table areas. Even temporary structures must be erected with consideration to the county building setback rules which are 5 feet from side and back lot lines according to Snohomish County Code 30.42B.145.
22) Can I run a home business?
You can but doing so requires the advance written approval of the ACC. Section 4 of the ACC rules contains a list of things to be considered when making the request to [email protected]. Some of the considerations include, the number and type of vehicles that might be parked by the home because of the business, changes to the appearance of the home because of the business including signage, odors and noises from the business or any other factors that might create an atmosphere out of character for a residential neighborhood. Businesses with few or no employees other than the homeowner, visits from customers that are one or two at a time (or infrequent parties) and minimal deliveries from vehicles larger than FedEx or UPS trucks will generally be given approval.
23) Can I post signs on my property?
You can post political signs during an election season and a real estate agent can post a sign in your yard if you’re selling the house but otherwise you can’t. While not permitted by the rules, the Board of Directors (“Board”) has chosen to not enforce the sign rule strictly in the case of temporary garage sale signs if they’re removed promptly after the sale, lost pet signs taped to mail boxes if removed after about a week and temporary signs created and posted by young children as part of their play activities.
24) Can I extend my driveway with gravel or have a secondary driveway made with gravel?
In general, concrete is the only acceptable material for any driveway on your lot. The ACC will generally insist the concrete on the driveway extension has the same texture as the main driveway, the surface runoff water removal is not adversely impacted, and the work is professionally done.
25) When can I have my garbage and recycle bins visible from the street?
With the exception of a few Saturday pickups after holidays, Friday is our normal collection day. Bins can be placed at the curb after noon the day before pickup (generally Thursday) and should be retrieved and moved behind the house or fence or in the garage by noon the day after pickup (generally Saturday). Common sense also demands that homeowners be permitted to keep yard waste bins visible any time they’re working in the yard and filling the bin. After missed pickups by Waste Management or when you’re turning in a bin to the garbage company, the bin can remain curbside as required by the garbage company to get the needed service.
26) Can a homeowner specify an address other than the neighborhood property where official notifications from the homeowner’s association are to be sent?
You can specify a different address by notifying the Secretary of the Association in writing. Since, the Association can consider any certified or registered mail received two days after it is sent, you should have an address where such mail will be received and signed for. The burden of notifying the Association of changes to this address is with the owner. If no notification is given to the Secretary, all official notices and other correspondence will be sent to the address of the lot within Sector 2A at Snohomish Cascade (aka Gold Creek 2A).
27) What is the “Boat Park”?
Don’t get excited boat owners; we don’t have a storage yard for water craft. The “Boat Park” is the tot play area adjacent to our baseball field on Snohomish Cascade Drive west of 67th Drive where there used to be a colorful boat-styled climbing toy. The boat is gone, but the name carries on.
28) How do I deal with a hazardous tree in the greenbelt adjacent to my lot?
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 areas 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 & Sewer District, Cross Valley Water, Snohomish County, etc.
If the tree is in a Gold Creek 2A HOA owned common area, buffer area, or 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 here which can be checked to verify a credential (remember to check for both Certified Arborist and TRAQ).
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 similar to this 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.
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.
The guidance discussed in this FAQ is based on guidance presented by the Office of the State Insurance Commissioner in which the HOA is the neighbor with the subject tree.
Contact [email protected] for help or questions.
29) When does the board meet and can I attend a board meeting?
The board meetings are normally held in person on the first Tuesday of every month at 7pm (except in January and July). All members of the association are welcome to attend. Please send an email to [email protected] to receive an email invite.
30) Do I need approval to paint my home exterior?
Yes, the ACC is required to approve all exterior modifications. Generally, the ACC requires which colors are intended to be used for the exterior surfaces (e.g., siding), trim, front door, and garage doors. Send your request to [email protected] with the manufacturer and color chip/ID (e.g., Sherwin Williams, Hyper Blue, SW6965) of all the intended colors.
31) Do I need approval to add solar panels to my roof?
Yes, the ACC is required to approve all exterior modifications but state law limits what HOAs can and cannot do. Send your request to [email protected]. Generally, the ACC requires:
- The panels must not extend past the ridge of your roof (i.e., they can’t be higher than the peak of the roof face they will be on).
- The slope of the panels must conform to the same slope as the roof (i.e., parallel to the roof surface).
- The top edge of the roof panels must be parallel to the roof ridge.
- Any visible support frames or brackets must painted/colored to match your existing roofing.
32) I would like to make an addition to my home, or add a new shed, or other outbuilding to my property, what does the ACC look at for approval?
Send all requests to [email protected]. The ACC will need the following information:
- A basic sketch or photo of the structure to include dimensions.
- Where on your lot you intend to place the structure. A simple hand sketch or photo of the yard with structure location will suffice.
- The intended siding and colors of the structure. We generally expect that the color(s) either match or complement the colors of the main structure.
- The roofing materials intended for the structure. We generally expect that roofing match the roofing on your main structure and be from the approved list of roofing materials listed in section 7 of the ACC rules.
- There a variety of exemptions from requiring a building permit from the county for outbuildings refer to Snohomish County Code 30.50.103 for a full list to ensure you meet the necessary exemptions. The county has also put together a nicer lay version of the rules in the form of a bulletin here: (see near the top of page #3).
- You will need to allow a minimum 5 foot buffer from your new structure to your neighbor’s property line. This is a county requirement, even if you do not need a permit. The intent is to prevent the rain runoff from the roof from causing a drainage issue on the neighboring lot. See: Snohomish County Code 30.42B.145 for details.
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.
We frequently see political signs placed in our common areas, most frequently 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 HOA, 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.
34) Do I need permission to install a heat pump or air conditioner in my house?
In general, the ACC is not concerned with in house improvements, however in the case of air conditioning (or a heat pump) the ACC will stipulate that the condenser (the component with the fan and heat exchanger which are located outside) is not visible from the street in front of the home. Ideally, this is in the backyard or behind the side fence to the backyard.
35) Do I need permission to install new fencing on my lot?
You will need permission from the Architectural Control Committee to put up a new fence. A few guidelines for fence construction:
- 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.
- From the ACC Rules in section 11, 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 this neighborhood are vertical cedar slat fences similar to this image.
- Although not specified in the ACC rules, most 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 (see the attached photo). 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.
- Also not specified in the rules, the committee would prefer you to match the fence style to that of existing fences adjacent to your property.
For project approval 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 Google maps.
As far as your neighbors are concerned, you will need to make arrangements with them for how to share the fence construction costs. Our experience has been nearly all neighbors will pay for half the fence that straddles the common property line. However, there is nothing in the HOA rules which compel a neighbor to pay for fence costs on a common boundary they’ve not agreed to.
37) Whom do I contact if I would like to be involved with HOA board and how are board members elected?
The association typically takes nominations for the 7 board positions in January and February. Any resident may nominate themselves or another resident with an email sent to [email protected]. The board Secretary then prepares and mails election ballots in late April. The ballots are received and counted before the annual meeting which coincides with the regularly scheduled June board meeting (1st Tuesday in June). If a board member resigns or is unable to continue serving, the board of directors may appoint a replacement to serve out the remainder of the term. In addition to the board, the association has two standing committees which could always use volunteers: The maintenance committee is responsible for oversight of the common area and grounds upkeep in the neighborhood. Contact [email protected] if you would like to be involved. The architectural control committee reviews and approves homeowner projects/improvements and investigates homeowner rule violations. Contact [email protected] if you would like to be involved.