CLEARWOOD COMMUNITY
ASSOCIATION INC.
21603 N CLEAR LAKE BLVD SE
YELM, WA 98597
(360) 894-2941
Rules
and
Regulations
(RED BOOK)
The Rules and Regulations were Last Rewritten and
Approved by Membership January 7, 2007.
The Rules and Regulations were Last Updated with Member
Approved Resolutions August 15, 2015 and Reviewed by
Membership in October, 2015.
The Rules and Regulations were Last Updated with Member
Approved Resolutions August 15, 2015 and Approved by the
Clearwood Board of Directors November 7, 2015.
Date Last Printed: January 24, 2016
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RED BOOK
RULES & REGULATIONS
CLEARWOOD COMMMUNITY ASSOCIATION, INC.
RESOLUTION NO. 91-05-20:
A RESOLUTION presenting codified Rules and Regulations governing the
use of Clearwood and its facilities by property owners and their guests.
WHEREAS, according to the Articles of Incorporation, the Bylaws and
Amended Protective Covenants of the Clearwood Community Association,
Inc., the Board of Directors has the authority to develop operational policies
and procedures, and,
WHEREAS, there is a need to establish orderly and reasonable procedures
for governing activities and for maintaining the integrity of Clearwood while
restricting individual freedom as little as possible,
THEREFORE, BE IT RESOLVED: that, the Board of Directors adopt the
Book of Rules and Regulations governing the use of Clearwood (hereinafter
known as the RED BOOK).
Adopted 18
th
day of May, 1991
CLEARWOOD COMMUNITY ASSOCIATION, INC.
Darlene Johnson, President
Attest: Everett (Bob) Cox, Secretary
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RED BOOK INTRODUCTION
This Red Book contains the Rules and Regulations governing the use of
Clearwood and its facilities by property owners and their guests. These
Rules and Regulations were duly considered and officially adopted by the
Board of Directors of the Clearwood Community Association on May 18,
1991.
These Rules and Regulations were adopted with the following intents:
1. To establish orderly and reasonable procedures for the governing
activities and
2. To maintain the integrity of Clearwood while restricting individual
freedom as little as possible.
It is also intended that these regulations will be followed by members and
their guests in a spirit of cooperation and that common sense will prevail in
those instances where the interpretation of a rule or regulation does not
sufficiently apply to a particular situation. In the final analysis, the
application of common sense and courtesy, together with respect for one's
neighbor and property, are the primary requisites to insure that Clearwood
will be a truly enjoyable place to live and visit.
Other pertinent documents include the Declaration of Amended Articles
of Incorporation and Protective Covenants Applicable to Clearwood
Community Association, Inc. (Blue Book), and the Clearwood
Community Association Bylaws (Yellow Book). In the event of conflict
between the Articles of Incorporation, Covenants, Bylaws and the Rules
and Regulations as stated in this Red Book, the actual Articles of
Incorporation, Covenants, and Bylaws shall take precedent and prevail.
Copies of all books are available at the CCA office.
The Rules and Regulations in this Red Book must be reviewed by
members every four (4)
years and shall be immediately updated upon the
effective date of new amendments approved by the membership.
The Covenants & Restrictions run with the land. When there is a change of
ownership, the new owner(s) is deemed to have accepted such Covenants
& Restrictions and is bound by them to the same extent as the original
owner.
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Table of Contents
A. MEMBERSHIP .............................................................................................. 6
1.
GENERAL .................................................................................................... 6
2. TRANSFER OF MEMBERSHIP ......................................................................... 6
3. VOTING ....................................................................................................... 6
B. CCA BOARD OF DIRECTORS & COMMITTEES W ................................... 6
1. BOARD OF DIRECTORS ................................................................................. 6
2. ARCHITECTURAL CONTROL COMMITTEE ........................................................ 6
3. VIOLATION COMMITTEE ................................................................................ 7
4. FINANCE COMMITTEE ................................................................................... 7
5. OTHER COMMITTEES .................................................................................... 7
C. ENTRY PROCEDURES AND GUEST REGULATIONS .............................. 7
1. GENERAL REGULATIONS PERTAINING TO MEMBERS AND GUESTS AND RENTE 7
2. ENTRY GATES ............................................................................................. 7
3. ENTRY KEY CARDS ...................................................................................... 7
4. GUESTS, DELIVERY AND SERVICE PERSONNEL .............................................. 8
5. CONTRACTORS AND REAL ESTATE AGENTS .................................................. 8
6. RENTING OR LENDING OF RESIDENTIAL/RECREATIONAL LOTS ........................ 8
7. SOLICITORS ................................................................................................. 9
D. CAMPING AND PICNICKING ....................................................................... 9
1. GENERAL .................................................................................................... 9
2. GROUP USE OF PICNIC FACILITIES ................................................................ 9
3. RECREATIONAL VEHICLES AND EQUIPMENT ................................................. 10
a. Permanent Residency ....................................................................... 10
b. Summer Residency ........................................................................... 10
c. Storage .............................................................................................. 10
E. ASSESSMENTS .......................................................................................... 11
1. BASIC ASSESSMENTS & WATER SERVICE RATES......................................... 11
2. SPECIAL ASSESSMENTS ............................................................................. 11
3. FINES ........................................................................................................ 12
4. WATER SERVICE CUTOFF ........................................................................... 12
5. IMPACT FEES ............................................................................................. 12
6. STEP RATES FOR WATER USAGE ............................................................... 12
F. SECURITY AND SAFETY ........................................................................... 13
1. STATEMENT OF POLICY .............................................................................. 13
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2. CLEARWOOD PATROL ................................................................................ 15
3. AMBULANCE AND RESCUE, FIRE DEPARTMENT AND LAW ENFORCEMENT ...... 15
G. MISCELLANEOUS REGULATIONS .......................................................... 16
1. FIRES, FIRE PITS AND PUTTING OUT FIRES ................................................. 16
2. ANIMAL CONTROL ...................................................................................... 17
3. SIGNS ....................................................................................................... 18
4. REFUSE COLLECTION/DISPOSITION ............................................................. 18
5. WATER WELLS .......................................................................................... 19
6. FIRE ARMS & DANGEROUS DEVICES ........................................................... 19
7. NOISE ....................................................................................................... 19
8. FIREWORKS ............................................................................................... 21
9. SKATEBOARD SAFETY ISSUES .................................................................... 21
10. ALCOHOL USE ............................................................................................ 21
11. EQUESTRIAN ACTIVITY ............................................................................... 22
12. VANDALISM, FINES AND REWARD PROCESS ................................................ 22
H. BUILDING AND LANDSCAPE RESTRICTIONS ....................................... 22
1. GENERAL REGULATIONS ............................................................................ 22
2. THURSTON COUNTY BUILDING REQUIREMENTS ........................................... 22
3. CLEARWOOD BUILDING REGULATIONS ........................................................ 22
4. FENCES ..................................................................................................... 23
5. TREE, BRUSH REMOVAL & GENERAL CLEARING .......................................... 24
6. INSTALLATION OF DRIVEWAYS & WALKWAYS ............................................... 25
7.
DISTRIBUTION OF CERTIFICATES OF WATER AVAILABILITY (COWAS) ........... 25
8.
DEFINING TEMPORARY STRUCTURES .......................................................... 25
9.
DEFINING RETAINING WALLS ...................................................................... 26
10. PLUMBED ACCESSORY UTILITY STRUCTURE ................................................ 26
I. PROPERTY MAINTENANCE REGULATIONS ............................................. 27
J. VEHICLE AND TRAFFIC REGULATIONS ................................................. 27
1. GENERAL REGULATIONS ............................................................................ 27
2. OPERATOR'S PERMITS ............................................................................... 27
3. ROADS ...................................................................................................... 28
4. PARKING ................................................................................................... 28
5. SPEED LIMIT .............................................................................................. 28
6. SPEED ENFORCEMENT ............................................................................... 28
7. PASSING A MOVING VEHICLE ...................................................................... 28
8. PASSING LOADING/DISCHARGING SCHOOL BUS........................................... 28
9. IMPEDIMENTS TO TRAFFIC AND SAFETY ....................................................... 29
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K. TRAIL REGULATIONS ................................................................................ 29
L. SWIMMING BEACH & POOL REGULATIONS .......................................... 29
1. BEACH AREAS ........................................................................................... 29
2. SWIMMING POOL ........................................................................................ 29
M. BOAT REGULATIONS ............................................................................... 29
1. BOAT POLICY ............................................................................................. 29
2. IMPOUNDED BOATS .................................................................................... 30
3. IDENTIFICATION .......................................................................................... 30
4. SPEED LIMIT .............................................................................................. 30
5. MONTHLY RENTAL CHARGE ........................................................................ 30
N. FISHING REGULATIONS ........................................................................... 30
O. TENNIS COURT REGULATIONS .............................................................. 30
P. MEETINGS .................................................................................................. 30
Q. ENFORCEMENT OF RULES
&
REGULATIONS
............................................ 31
R. SERVICES, WHERE TO GET THEM ......................................................... 32
S. DISCLOSURE OF ASSOCIATION AND MEMBER INFORMATION ......... 32
SCHEDULE OF FINES: EXHIBIT NO.1 ........................................................... 35
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A. MEMBERSHIP
1.
General - Any owner of property within Clearwood, is a member of the
CCA. Memberships may not be withdrawn from the CCA while the
owner still holds land in Clearwood. Members of CCA, families, friends
and guests, have the indefeasible right to the nonexclusive use and
enjoyment of all facilities with
Clearwood
.
Use of facilities within
Clearwood is a privilege which may
be
suspended by the Board of Directors or its representative, for
delinquency in payment of assessments or failure to comply with the
Art
icles of Incorporation, the Protective Covenants, the Bylaws of the
Association or the reasonable Rules and Regulations established by the
Board of Directors.
2. Transfer of Membership - Membership transfers automatically upon
conveyance of land. The right to exercise the privileges of membership,
such as voting, right to notice from the CCA and use of common
facilities takes place when satisfactory evidence is presented to CCA
office showing a transfer of the land to which membership is
appurtenant.
3. Voting - Members of the CCA in good standing shall have one vote for
each lot owned in Clearwood in conducting the business of the
corporation. Shared ownership will have one vote for each lot. Members
will not be allowed to vote until proper transfer of ownership has
occurred.
B. CCA BOARD OF DIRECTORS & COMMITTEES
The CCA is managed and operated on a non-profit basis with the
voluntary participation of its members. The Board of Directors, along
with various standing and recognized committees, are the active
participants.
1.
Board of Directors
- Seven members elected by the Membership.
Three Year Terms. Two or three elected or re-elected each year. No
more than two members on the Board can be affiliated with the ACC
Committee. A new member affiliated with the ACC would have to resign.
Function: To manage and control the affairs of the CCA defined in detail
in the Bylaws of CCA, Articles of Incorporation, the Protective
Covenants and Rules and Regulations.
2. Architectural Control Committee - At least three members appointed
by the Board of Directors. Term is indefinite. Members may be replaced
at the discretion of the Board or upon request of the member.
Function: To provide control of the general appearance and
environment of Clearwood by approving all building plans, site plans,
landscape plans, color schemes, tree removal and/or other plans
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pertinent to the land and buildings in Clearwood.
3. Violation Committee - Three members or more appointed by the
Board of Directors. Term is indefinite. Members may be replaced at the
discretion of the Board or upon request of the member.
New members that are added to the Violation Committee cannot be
affiliated with the Patrol Committee. If they are, they have to resign or
take a leave of absence before joining.
Function: To provide continuity in the processing and enforcing of the
Protective Covenants, Bylaws, Policies and Rules and Regulations.
4. Finance Committee - Three (3) to ten (l0) members appointed by the
Board of Directors. Term is indefinite. Members may be replaced at the
discretion of the Board or upon request of the member.
Function: To provide advice and recommendations in the financial
affairs of the CCA, including budgetary and investment decisions.
5. Other Committees - From time to time may be appointed by the Board,
as required, for specific functions.
C. ENTRY PROCEDURES AND GUEST REGULATIONS
1. General Regulations Pertaining to Members and Guests and
Renters - Members of CCA are responsible to adhere to the Rules and
Regulations set forth in this book and are responsible for the action of
their guests and renters. Members of CCA are responsible to assure
that renters adhere to the Rules and Regulations set forth in this book.
They are responsible for the action of renters and guests and liable for
any fines levied in the event these regulations are violated. Care should
be taken that renters and guests comply with these regulations, the
Protective Covenants, Articles of Incorporation and Bylaws. Ignorance
of the rules is not a valid excuse.
2. Entry Gates The two main entry gates, located on Clear Lake
Boulevard North (Division IV) and Blue Hills Drive (Division IX), should
be used for all normal entry and exit from Clearwood. The service gate,
located on Clear Lake Boulevard (Division V), may be used in the event
of malfunction of the main gates or to allow access by service and
contractor vehicles that exceed the weight limit (5 tons gross) on Clear
Lake Boulevard North. No tailgating under any circumstances.
3. Entry Key Cards - Access through the main gates is controlled by entry
key cards issued to members in good standing. The CCA has the right
to withhold the current gate card to any Lot Owner, purchaser or
occupant until assessments have been paid. Each lot owner is allowed
to purchase a maximum of eight (8) cards. Any number in excess of
that limit must be approved by the Board of Directors of the CCA.
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Entry through the service gate is controlled by keyed padlock. Key/Lock
arrangements for this gate are available at the Clearwood office on a
temporary basis.
4. Guests, Delivery and Service Personnel - Members of CCA are
responsible for the arrangements for allowing entrance of guests,
delivery or service personnel into Clearwood by meeting them at the
gate or by providing a gate card for their use.
On both days of the Annual Community Garage Sale event, the front
and back gates will be open for six (6) hours, to allow the general public
to participate. By voting for this amendment the Association (the
Members) agree to indemnify the Board of Directors against any liability
to the Association, resulting from this action.
5. Contractors and Real Estate Agents - Members of CCA are
responsible for the arrangements for allowing entrance of contractors or
Real Estate Agents into Clearwood by meeting them at the gate or by
providing a gate card for their use.
6. Renting or Lending of Residential/Recreational Lots - Members of
CCA, who are renting, leasing or lending, or otherwise allowing
continual access to their property with Clearwood on a long term basis,
are required to notify the CCA in writing within three (3) days of the
beginning of such use, providing names, address and phone numbers of
same. Failure to comply in a timely fashion will result in a fine of $100
per incident which doubles each month until the issue is resolved.
Members who rent their property pay a 100 per year fee to cover added costs
of dealing with renters and keeping them advised of community activities.
Members are advised to employ full credit reports, which include
criminal background checks as requirements before occupancy, and to
voluntarily supply copies to CCA. Court record searches can be made
on the web or through independent businesses probably for less than
$50. There have been instances in recent years wherein availability of
this information would have saved both members and the CCA
significant costs and liability risks.
Members are advised to obtain garbage service in their name when
their dwelling is rented. Otherwise if renters do not have regular
garbage service upon assuming occupancy of the dwelling the owner
member is subject to a fine of $50 per month of non-service.
Members are responsible for all acts of vandalism of their renters and
their renter's children, relatives or guests. The Board of Directors will
assess costs and fines, in cases where these acts can be proven, either
through criminal actions taken by local authorities or by actions as
provided for in the Rules and Regulations (Red Book) of CCA.
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Members are responsible for the upkeep of the exterior of their
dwellings and their lot and adherence to Rules & Regulations. The
Board of Directors will assess costs and fines against the owner-
members in cases of failure to abide by these rules.
7. Solicitors - No soliciting shall be permitted within Clearwood. The
preceding sentence shall be interpreted and applied as follows:
a.
To prohibit all commercial soliciting
(by members or non-members)
seeking to promote sale of commercial products or services.
b.
To prohibit soliciting by non-members
within Clearwood for
donations or sales of items on behalf of any non-profit charitable,
religious, community welfare or similar organizations.
c.
To not prohibit
soliciting of donations or the sale of items by members
on behalf of non-profit charitable, religious, or limited to Heart Fund,
Cancer Fund and recognized fund raising activities by groups such as
Boy Scouts, Girl Scouts, Lions, Kiwanis, or the local volunteer fire
department.
D. CAMPING AND PICNICKING
1. General - All camping must be on individual lots. Camping on
community property is prohibited.
Clearwood picnic and beach facilities are closed to use from 10:00 p.m.
until 5:00 a.m. Exceptions to this rule will be:
a. Opening night of fishing season,
b. Community Functions, such as, but not necessarily limited to, July
4th and Labor Day Midnight Dances, and
c. Community restrooms, and access thereto, except for normal
seasonal closure of selected restrooms.
2. Group use of Picnic Facilities - Picnic facilities are for the use and
enjoyment of all members. Care should be taken not to occupy entire
picnic or common areas with large parties. Members are expected, in
respect for the rights of all other members, to restrict the number of their
guests to a number which can be handled on their lot.
Large, formally organized functions, such as company, club or church
picnics, are discouraged.
If the number of guests exceeds twenty-five (25) people, members must
inform the CCA office of their intent to use the picnic, playground,
beaches or other common areas for group activities.
Any large group gathering resulting in an overcrowding of facilities,
makes an impact on other members; the policy of first-come, first-
served shall apply; the others must relocate to another facility. A fine or
special assessment may be levied on the member or members to cover
the costs of any cleanup or added expense.
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3. Recreational Vehicles and Equipment
a.
Permanent Residency
- The use of RVs, travel trailers, campers,
tents, motor homes and RV equipment is prohibited as permanent
residences, however, they are permitted on individual lots during a
one (1) year time limit while a permanent residence is under
construction, after which they must be removed. That all recreational
equipment stored on private lots, such boats on trailers, be considered
Recreational Vehicle (RV) subject to the rules of this section.
b. Summer Residency - The use of RVs, travel trailers, campers, tents
and other equipment may reside on individual lots from one weekend
before the opening of fishing season through October 31st,
constituting the summer season:
The Membership, at the August 1994 Annual Meeting, determined
that the designation "fishing season" is vague, although the Board
and the Membership have been interpreting it to mean "lowland
lakes fishing season." However, the State of Washington, has
already declared several lowland lakes open for fishing year round.
The purpose of this covenant is to prohibit year round use of RVs,
travel trailers, campers, tents and motor homes as permanent
residences, therefore the interpretation of "fishing season" is as
follows:
" .... The use of RVs, travel trailers, campers, tents and motor
homes is prohibited as permanent residences; however, they
may reside on Residential/Recreational lots from one weekend
before the opening of lowland lakes fishing season through
October 31; except that, in the absence of a lowland lakes fishing
season for Clear Lake, the "Clearwood Fishing Season" will be
deemed to open on April 1st of each year ... "
They are considered occupied during that period of time even if there
is only occasional use. All RVs, travel trailers, campers, tents and
other equipment shall be removed from the individual lots by
November 1st, or the member is subject to fine.
c. Storage - RVs, trailers, campers and RV equipment may be stored
on individual lots of permanent residences in Clearwood, when
screened from the road and approved by the ACC.
1. Screening shall be defined to mean that the view from fronting
road (address) of any RVs stored at residences shall be broken
up by the utilization of the suggested materials or plantings set
forth below.
2. Screening shall be approved by the ACC and an agreement
permit issued.
3. Screening shall consist of one or more of the following:
11
(a) Low, dense trees.
(b) Fast-growing, dense shrubbery.
(c) Use of movable planters.
(d) Natural-appearing fencing in accordance with policy regarding
fences.
(e) Natural-appearing latticework and/or vines.
(f)
Such other screening as shall be approved from time to time
by the ACC and/or the Board of Directors of CCA.
The Board of Directors defines “such other screening” to
include, at this time, that the minimal RV/Trailer/Camping
screening shall consist of storage at the side of the
dwelling with no protrusion beyond the front of the building
4. Permits shall be issued on a case-by-case basis and shall be
conditional to the owner maintaining screening in a manner
consistent with the permit.
5. Permits shall expire with the sale or disposal of the real property.
E. ASSESSMENTS
1. Basic Assessments & Water Service Rates Basic Assessments
and Water Service Rates are levied for the continued management and
maintenance of the CCA. They are due 30 days after billing and interest
will be charged on past due accounts, until paid. Payment of Basic
Assessments and Water Service Rates are the sole responsibility of the
CCA member and are collectible by court action. The CCA shall have
the right to withhold the current gate card and water service to any lot
owner, purchaser or occupant until assessments have been paid.
2. Special Assessments - Special Assessments are generally one time
12
assessments which may be levied for a specific purpose and duration,
by the vote of the membership at an annual meeting or special meeting
called for that purpose. Unless otherwise specifically stated at the time
of acceptance, collection shall be as specified for Assessments and
Water Service Rates in paragraph E.l above.
3. Fines - Fines levied for a violation of Protective Covenants, Bylaws,
Policies and/or Rules and Regulations, will become a personal
obligation of the lot owner and will include interest (as applicable) if not
paid within thirty (30) days.
4. Water Service Cutoff - The Board of Directors of CCA has the option
to disconnect water service of members who are delinquent in their
assessments. (See paragraph 1 for refinement of disconnect policy
approved August 2000.)
The responsibility for the maintenance and protection of the water
system extends from the initial water source through each meter to the
connection for each member's water supply.
Individual members may only connect their water supply to the 'lot side'
of the meter box, and that any tampering with the meter or any part of
the community system will subject the member to a fine of $500 for
each reported (and verified) incident.
5. Impact Fees - Effective August 16, 2003 impact fees are established to
help defray the cost of additional fire protection, and maintenance,
replacement and upgrading of the roads and amenities because of the
impact of accelerated development.
a. The amount of the construction impact fee for a house and septic
system is a set fee voted by the membership. Of this total 69% shall be
assigned to roads, 27% is to fire protection (installation of hydrants) and
4% shall be assigned to parks and playgrounds. These funds, and the
interest on them, shall be expended within six years of collection, and
only for the purposes to which assigned, along with general reserve
funds maintained in the CCA 5 year plan and Long Range plan.
b. The amount of the construction impact fee for installation of a septic
system only is a set fee voted by the membership (10% of full fee),
allocated proportionately among the three usage areas.
c. The amount of the construction fee for a dwelling on a lot on which a
currently approved septic system for a new home already exists is a
set fee (90% of full fee), allocated proportionately among the three
usage areas.
6.
Step Rates for Water Usage
Effective with billing for mid year 2014
usage.
The community must establish a firm basis to encourage conservation
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starting with the implementation of "steps" in usage rates:
TIER
FROM
PER # CUBIC
FEET (CF)
PROPOSED
COST
1
0-2500 CF
100
$2.30
2
2501-3500 CF
100
$3.45
3
3501 and up
100
$4.55
Calculated quarterly, but billed semi-annually.
F. SECURITY AND SAFETY
1. Statement of Policy - The purpose for which the CCA is formed is to
acquire, construct, improve, maintain and operate community
recreational and common facilities, and areas of every description in or
for the common use of the members of Clearwood. The Covenants are
intended to preserve and enhance the values and amenities of the
Community.
The portion of the directive "for the common use of the members of
Clearwood' is interpreted to mean that the facilities and services
provided in Clearwood are reserved to Clearwood members, guests
and invitees.
Further, this language may be interpreted to mean that "preserve"
implies "To reserve something for certain persons, to guard, to keep
safe from destruction. " and that "enhance" denotes "To make greater
in value, desirability or attractiveness."
In accordance with this interpretation of the Covenants, the members of
the CCA and the Board of Directors hereby establish a Security Policy
to be in force within Clearwood, with the express purpose of:
a. Guarding the entry gates,
b. Patrolling the community and
c. Monitoring the common facilities in an effort to preserve and
enhance the amenities.
The various security measures provided by the CCA may include, but
are not limited to the following:
a. Guarding the Entry Gates - Provide guards at gates as deemed
necessary.
b. Patrolling the Community - Facilitate patrol service within
Clearwood relative to:
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Thurston County Sheriff Office
1. Monitor radio calls
2. Notify of unlawful activity
3. Assist in emergencies or as needed
Thurston County Fire Department
1. Monitor radio calls
2. Notify of uncontrolled fire or bum bans
3. Assist in emergencies or as needed
Clearwood Community Association
1. Monitor common areas
2. Notify CCA of damage/vandalism
3. Assist in reporting violations of CCA Rules & Regulations
Clearwood Community Members/Guests
1. Monitor CB radio for emergencies
2. Notify members in emergencies
3. Assist by:
(a) Patrolling around Clearwood
(b) Helping find people, belongings, pets
(c) Giving directions
c. Monitoring the Common Facilities -
1. Monitor entry to Swim Pool as deemed necessary.
2. Restrict entry to authorized persons to maintain pool limits or as
deemed necessary.
3. Monitor use of parks and recreational areas as needed.
These security measures are not intended to be used for protection of
personal property or for checking cabins, RV's or property for damage.
Security measures shall be provided as identified and stated in this
policy, with funding support representing no more than 5% of the annual
maintenance/operations budget.
In the event the cost of providing said security measures increases
significantly and the approved funding support is no longer adequate,
funding options shall be brought to the membership for review and
adoption.
In accordance with the governing declarations of CCA, the powers of
the CCA are vested in a Board of Directors. The Board is given the
authority to form special committees reflected by the needs of the CCA.
The Board hereby authorizes the appointment of a committee to assist
in overseeing the security measures of the CCA, which committee shall
take an active role in the stated functions as well as an advisory role in
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the funding decisions.
Any unlawful or criminal conduct shall be reported to Thurston County
authorities.
Any action by a member or non-member that is deemed to be in
violation of the Protective Covenants, Bylaws or Rules and Regulations
shall be reported to the CCA office or the Board of Directors.
The Clearwood Community Association, Inc. shall completely release,
indemnify, defend, and hold the Board of Directors and it's officers,
Board appointed agents and employees harmless from every right,
claim, demand, action, cause of action, and damage of any kind
whatsoever, known or unknown, existing or arising in the future, in
connection with, arising out of, resulting from, incident to, on account
of, or in any way arising out of performance in representing the
CCA, including but not limited to attorney's fees and costs. The
provisions of this paragraph shall also apply to such claims arising
from injury to or death sustained by any person in any way
connected with performance in representing the CCA.
The above paragraph is subject to the following direct quote from
RCW-22-A08.025:
"2) A corporation shall have power to indemnify any person made a
party to any proceeding by reason of the fact that he is or was a
director against judgments, penalties, fines, settlements and
reasonable expenses actually incurred by him in connection with
such proceeding, if:
a) he conducted himself in good faith, and:
(1) In the case of conduct in his own official capacity with the
corporation he reasonably believed his conduct to be in the
corporation's best interest, or
(2) In all other cases, he reasonably believed his conduct to be at
least not opposed to the corporation's best interests, and
b) In the case of any criminal proceeding he had no reasonable
cause to believe his conduct was unlawful."
2. Clearwood Patrol - The Clearwood Patrol is a group of volunteer
property owners who have been approved by the Thurston County
Sheriff to act as the eyes and ears of the County Sheriff within
Clearwood. The Patrol makes rounds of the roads within Clearwood
when volunteers are available.
3. Ambulance and Rescue, Fire Department and Law Enforcement - A
Medic Unit is stationed at the Bald Hills Fire District #17 (BHFD), and all
these services can be reached by calling 911.
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G. MISCELLANEOUS REGULATIONS
1. Fires, Fire Pits and Putting Out Fires
The CCA has long held that, because of the community's heavy
forest and brush cover and close proximity of homes thereto, its
regulations could be stricter than outside agencies (but not less strict
than outside agencies).
The CCA follows the Washington Department of Ecology guidelines in
regards to the burning of household trash, which produces a black, foul
smelling smoke that irritates the eyes, nose and throat, and they also
release toxic substances from plastics, inks, foils and other packaging
materials into the air.
Fire Danger levels are established by the Board of Directors through
consultation with DNR or BHFD # 17, if possible, and with input from
Clearwood members and management.
Signs are posted at both entrance gates by a delegated volunteer or
employee indicating the current day's level of fire danger.
All fires require a fire department permit, which can be obtained at the
Clearwood office.
The following regulations will be adhered to within Clearwood:
a. A person must be in attendance and a charged water hose must be
present at the fire site whenever a fire is burning (day or night, any
season, wet or dry). Only one fire is permitted at any one time on any
lot. THIS IS THE FIRST LINE OF DEFENSE.
b. When the fire danger arrow is in the "LOW" area of the signs, a fire
of brush and forest refuse clearing up to 4' x 4' x 3' high shall be
permitted in an area clear of debris and roots and 25' from the
nearest structure.
A fire of brush and forest refuse larger than the preceding is not
permitted. Failure to abide by this rule may result in a fine up to
$5,000 per incident, depending upon the season and the size of the
fire's "footprint." The cost of suppression may be added to the fine
amount.
c. When the fire danger arrow is in the "MEDIUM" area of the signs all
burning will be restricted to a fire of brush and refuse no larger than
3' x 3' x 3' high.
d. When the fire danger is "HIGH" either small fires only will be
permitted in properly constructed fire pits (designs are available at
the office) or a TOTAL BURNING BAN will be established.
e. Members are individually held responsible by state authorities for
any fire that causes damage to private or public property. A "Report
17
of Violation" should be filed at the CCA office by the member
notifying the authorities of the violation. The CCA may also issue a
citation and fine as defined in Schedule of fines, Exhibit No. 1
2.
Animal Control
- Clearwood has been designated as an animal control
zone by Thurston County. Keeping of animals within Clearwood must
conform to their regulations. The Thurston County Animal Control
Ordinance, Chapter 9.10 referring to Animal Control, and Section 9.10.710
referring to the Clearwood Control Zone will be followed within Clearwood.
Members also have the right to file a "Report of Violation" with the CCA
on forms available in the CCA office.
Animals should be confined to the member's individual lot on a leash or
penned, and not allowed to run. Confined animals must not be allowed
to create a nuisance or disturb neighboring members.
When animals are on community property, they must be kept on a leash
and members are responsible to clean up after them. Animals are not
allowed on the beaches and adjacent lakes when swimmers are
present, or on grass areas when sun bathers are present.
No Thurston County licensed kennels are allowed within Clearwood
Community.
Stray animals may be picked up and held for Thurston County Animal
Control.
A Report of Violation signed by one or more witnesses to the dog's
loose and/or destructive behavior, who can identify the owner and/or
residence of the dog, will be used as follows:
The Violation Committee will review each Report of Violation for
appropriateness and, if deemed appropriate, will:
(1st
Incident)
write to the owner/member requesting that they
keep their animal under control as per Rules & Regulations
and Amended Protective Covenants; that, failing to do so can
result in a fine of $25 per incident, doubling each month until
the issue is resolved.
(2nd and further Incidents) instruct the office to register the
appropriate fine against the member's account and copy to the
member.
In the event that the Violation Committee feels that the Report of
Violation is not appropriate, the member involved will be notified with
reasons for not pursuing it further.
In case a dog belonging to a renter is the subject of a violation report,
the Committee will attempt to contact the renter ... but, in any case, all
fines will be levied against the property account of the owner/member.
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A Report of Violation, signed by one witness to the dog's behavior, who
cannot identify the owner and/or residence of the animal, will be held
until a subsequent report pinpoints the residence of the animal.
Neighbors must be asked to help with this identification. No one must
feed stray or unidentified animals
3. Signs - No signs of any kind shall be displayed in Clearwood, with the
exception of the following:
a. One sign for each residential/recreational lot of not more than two
(2) square feet, identifying the occupants thereof. Occupants in the
context of signs is defined as and limited to the member(s) name,
address and/or division and lot.
b. One sign of not more than five (5) square feet, advertising a
residential/recreational lot for sale or rent.
c. Signs in common areas designated for community use provided by
the CCA.
4. Refuse Collection/Disposition - No trash, garbage, ashes, refuse,
ruins or other remains of any kind (including disabled vehicles) shall be
thrown, dumped, placed, disposed of, or permitted to remain on land in
Clearwood, vacant or otherwise.
All trash, garbage, ashes and other refuse shall be kept
in
containers
which shall be maintained in a clean and sanitary condition and shall be
kept hidden from street view.
Dumpsters are not allowed in Clearwood without prior CCA approval.
You must obtain a permit from the ACC. You can receive a permit from
the Clearwood office.
The person or persons in control or possession of any
residential/recreational lot shall, irrespective of fault, be responsible for
the prompt removal therefrom of all trash, garbage, refuse, ruins and
vehicles unable to run on their own power and other remains.
No vehicle shall be abandoned or dismantled and no major vehicle work
shall be performed on any part of the residential/recreational lot.
No vehicle in an extreme state of disrepair shall ever be parked or
permitted to remain on any Residential/Recreational lot or common
area for more than 48 hours.
Permanent residents and renters of each lot must obtain garbage pickup
on the designated day by the refuse company servicing Clearwood.
Debris and discarded material which will not fit into the individual's
garbage can (such as household items, appliances, construction
materials or excessive brush) must be disposed of outside of Clearwood.
The dumpsters in the common areas are for the convenience of
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campers, picnickers and the maintenance crew (in order to keep the
restroom, beaches and cabanas clean).
5. Water Wells - No individual water well shall be permitted in Clearwood.
6.
Fire Arms & Dangerous Devices
- A Thurston County Ordinance (a copy
of which is on file in the office), designates Clearwood as a fire control area
where firearms are prohibited. Use and discharging of fire arms, and
dangerous devices such as b-b guns, pellet guns, paint ball guns, rocks,
anything with a metal pointed tip, to include arrows, knives that could be
used to harm any living thing are prohibited within Clearwood
7.
Noise
- Excessive noise from 10:00 p.m. to 7:00 a.m. is strictly
prohibited by Thurston County Ordinance which governs noise control
within Clearwood (a copy of which is on file in the CCA office).
It is the policy of CCA to minimize the exposure of citizens to the
physiological and psychological dangers of excessive noise and to
protect and preserve the health, safety and welfare of the general public.
It is the intent of the board of directors to control the level of noise in a
manner which promotes the use, value and enjoyment of property; sleep
and repose; and the quality of the environment. CCA recognizes the
preferred position of the guarantees of freedom of speech in our society.
If those guarantees are to be truly effective, it is necessary that each
citizen tolerate unwelcome speech and ideas. Without that, the
guarantees of free speech cannot serve their critical role of fostering the
exchange of ideas. CCA also recognizes the vital role of the right to
privacy, the right to be let alone, in an increasingly clamorous world.
Nowhere is that more insistent than in the sanctuary of the home.
Sound is a principal medium of communication. By its nature, however,
it is a potentially intrusive medium to those who do not wish to hear the
specific noise or medium. The purpose of this policy is to protect to the
greatest extent possible both the right to free speech and the right to
privacy within the home. Its purpose is to guarantee ample channels of
communication for all ideas, whether welcome or unwelcome by
recipients, yet also secure the home as a refuge from noise which
unreasonably disturbs the peace and repose of its inhabitants.
Conditional
The Thurston County Sheriff, Clearwood Patrol and Clearwood Board of
Directors are apprised of numerous citizen complaints regarding noise,
especially in summer months, such as the playing of amplified music,
the reproduction of amplified speech, the running of motorcycles, and
the incessant barking of dogs, all at such volume and duration as to
unreasonably disturb and interfere with the peace, comfort and repose
of others. Such noises constitute a public disturbance. These noise
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occurrences adversely affect the public health and welfare, the value of
property and the quality of the environment.
Exemptions
The following sounds are exempt for the provisions of this policy:
1. Sounds created by fire and security alarms.
2. Sounds created by emergency equipment and emergency work
necessary in the interests of law enforcement or of the health, safety
or welfare of the community, including Community-Sponsored
events.
3. Sounds created by construction and maintenance equipment when
operated between the hours of 7 A.M. and 8 P.M.
4. Sounds created by generators during power outages.
Policy
It is a violation of policy for any person to willfully cause, or any person
in possession of property willfully to allow or originate from their
property, or community property, any sound which:
Is unreasonably loud and plainly audible within any dwelling unit
which is not the source of the sound and which is located within
Clearwood.
Is of such loudness, frequency or duration as to unreasonably
disturb the peace, comfort and repose of owners or possessors of
such dwelling units, and which emanates from any devise
designated for sound reproduction such as, but not limited to radios,
televisions, musical instruments, phonographs and loudspeakers.
Unreasonably disturbs a person's peace, comfort or repose.
Definitions
1. Unreasonably loud: Noise that is substantially incompatible with the
time and location where created to the extent that it creates an actual
or imminent interference with peace or good order.
2. Disturbing: Noise that is perceived by a person or ordinary
sensibilities as interrupting the normal peace and calm of the area.
In determining whether a noise is unreasonably loud and disturbing, the
following factors incident to such noise are to be considered:
1. Time of day
2. Proximity to residential structures
3. Whether the noise is recurrent, intermittent, or constant
4. The volume and intensity
5. Whether the noise has been enhanced in volume or range by any
21
type of electronic or mechanical means
6. The character and zoning (if applicable) of the area
7. Whether the noise is related to the normal operation of a business or
other labor activity
8. Whether the noise is subject to being controlled without
unreasonable effort or expense to the creator thereof.
Enforcement
In determining what constitutes noise that is unreasonably loud and
disturbing and when a violation has taken place, the following steps are
to be taken:
1. Violations of the policy must be witnessed by a minimum of two
members in good standing, not living within the same dwelling unit.
Witnesses will then write a violation and submit it to the Clearwood
office. Violations must be signed and must include the date and time
of the incident.
2. The person(s) creating the disturbance will be given a written
warning for the first occurrence.
3. Two or more occurrences originating from the same property within a
rolling three-month period will result in a violation and fine. Each
occurrence after the first one may be subject to a fine.
4. Persons receiving a violation have the right to appeal their fine in
accordance with the Red Book.
5. Should any section or provision of this ordinance be declared invalid,
such decision shall not affect the validity of the remaining portions of
this ordinance.
Penalty For Violation
Any person who violates this policy shall be subject to a $50.00 fine. It
is the responsibility of the property owner to control the behavior of their
guests. Fines will be levied against the property owner and it will be the
responsibility of the property owner to settle the matter with their guests.
8. Fireworks - Fireworks are totally banned within Clearwood.
9. Skateboard Safety Issues - Skateboards may not be ridden through,
over, under or around the security gates and adjacent areas of the front
and back gates of Clearwood. Skateboard ramps are not allowed on the
roads of Clearwood. Penalty for disregarding this safety issue is $25 per
reported incident, chargeable to the member responsible for the actions
of the skate boarder.
10.Alcohol use - Consumption of alcoholic beverages at Community
sponsored events will not be permitted.
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Announcements to this effect will be made in the Newsletter prior to
each event.
Appropriate signs to this effect will be posted at all events.
11.
Equestrian Activity
Equestrian activity is prohibited within Clearwood,
such as, but not necessarily limited to, riding or leading horses, or other
large animals on our private roads and trails and/or allowing same to be
housed or placed on private lots or community property.
12.Vandalism, Fines and Reward Process anyone found guilty of
vandalism to Community Property is required to pay a $1,000.00 fee,
per incident, to the Clearwood Community Association, to reward the
person(s) reporting the vandalism, and able to identify the person(s)
involved in said vandalism. In addition a fine will be levied equal to
100% of the cost of repairing the damage, plus fine equal to 10% of
said cost, or $100, whichever is greater.
The reward fee will be paid to the reporter of the violation ONLY when
the fee has been collected.
H. BUILDING AND LANDSCAPE RESTRICTIONS
1. General Regulations - The Architectural Control Committee (ACC)
must be contacted before owners do any kind of work on their lot(s).
This committee must approve all construction, clearing or tree/brush
removal prior to starting such work.
A permit shall be obtained from the ACC and shall be posted until work
is completed. This permit will be authorized for a limited time period.
Metal Sheds and Metal Clad Sheds will not be permitted in Clearwood.
Metal Sheds and Metal Clad Sheds presently existing in Clearwood
shall be permitted to remain provided they comply with all other
covenants, operating policies and directives.
Member modifications and structures on Community Property shall be
removed and the site restored to its original condition at the expense of the
member(s) who installed the modification or structure. All undocumented
Clearwood permissions and authorizations for such modification and
structure are null and void. All such structures or modifications or their
removal must be approved in writing by the Board of Directors.
2. Thurston County Building Requirements - All Thurston County
Building Requirements must be adhered to when building within
Clearwood.
3. Clearwood Building Regulations - The ACC will require the following
in order to review an application for approval:
a. Provide stakes, clearly marking the property corners and string the
lot.
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b. Provide a site plan, along with the application, showing proposed
placement of buildings, driveways, septic tank, and greenbelt
landscaping.
c. Provide stakes clearly marking the building dimensions on the site.
d. Provide adequate drawings of buildings for review by the ACC,
showing the foundation, dimensions, exterior elevations, fireplaces,
stairs, overhangs and exterior materials, including roofing.
e. Provide information regarding proposed paint colors being used for
exterior walls and trim, and include a color chip and roofing selection.
f. Provide an "as-built" site plan for the CCA files upon completion of
the project, showing the actual placement of building, septic system,
electrical and water service.
g.
Culverts
are to be installed prior to lot development, also the driveway
stipulated on the submitted plot plan is then to be the primary ingress
and egress on and off the lot. For those contractors not in compliance,
a letter will be sent, which would read, "a Stop Work order on your
project along with fines will be issued if a viable driveway culvert is not
installed within ten days of receiving this letter."
h. Stop Work Order - Any member who has started a project with or
without an ACC permit, and a Stop Work order is posted, a $500 fine
will be placed on their account for continuing to work on their project
or for the removal of the Stop Work order sign.
i.
Sani-cans
on member lots, have to be 10 feet from the water meter box.
The ACC shall take into account those items listed in Paragraphs 1
through 7 of Article X of the Protective Covenants when reviewing
applications.
The exterior of the dwelling being constructed must be in a finished
status within one (l) year from the start of construction.
The one year construction period (which time includes the winter
removal season) during which a member may dwell in an RV on their lot
does not start until all County and Clearwood Permits have been
accepted by the ACC and the committee agrees that construction has
begun.
4.
Fences
- In accordance with the Protective Covenants, no fence, hedge
or boundary wall shall have a height greater than six feet above finished
grade. Height of fence to be measured from finished grade on the lot that
the fence is built on, regardless of the grade of adjacent lot(s). It shall not
be closer to the front property line than the twenty (20) foot minimum
building set back. No chain-link fences shall be permitted on private lots.
a.
Fences must have approval
of the ACC, and require a permit.
Finished side out or alternate. All wood building material shall be of
24
cedar or fir. All nails and required hardware items shall be galvanized.
Paints, stains or oils shall be acceptable if approved by the ACC.
b. Six (6) foot fences maximum height from grade are allowed in rear
and side yards only, and shall not be closer to the front property line
than the front corner of the house. Corner lots shall have a minimum
ten (l0) foot side setback. Materials may be wood, cedar or fir, close
or open board, wire mesh wrapped in wood frame (no chicken wire),
clear acrylic in wood frame.
Posts for six (6) foot fence may protrude 2-1/2" above the fence
boards with a 1-1/2" cap on the post. Material: cedar, treated wood,
vinyl, no steel.
c. Decorative gate arbors will be allowed connected to the fence at
gates four (4) feet in width or less and have a maximum height of
seven (7) feet.
d. Three (3) foot fences maximum from grade are allowed from the
front corner of the house forward and may be solid or open board
type. Material: cedar.
Picket fences may be a maximum of 42 inches high from grade.
Posts for three (3) foot fences may protrude 2 1/2" above the fence
boards with a 1-1/2" cap or post. Material: cedar or treated wood.
e. Decorative fences shall be permitted on private lots but shall not
exceed a height of three (3) feet. They may be approved for use
along the front of the lot, but must have ACC approval. Acceptable
styles of decorative fences include:
"ABE LINCOLN" split rail fence. It shall be constructed of peeled,
split cedar rails, weathered, of uniform size and length, no longer
than ten (10) feet and laid horizontal to the grade without posts. It
shall be built entirely on private lot.
LOW SINGLE RAIL fence. It shall be constructed of peeled cedar
or fir posts with average diameter of 6 - 7 inches and may have
split cedar rails not more than two (2) layers high.
f. All fences, hedges or boundary wall must be kept in good repair.
Failure to do so may result in a special assessment being levied
and/or a directive by the ACC to dismantle said fence, hedge or
boundary wall.
5. Tree, Brush Removal & General Clearing -
a.
Individual Lots
- Tree and brush removal, general clearing and
landscaping on individual lots require the approval of the ACC. Members
are encouraged to maintain a screen along property lines with trees and
shrubs, within the confines of safety. A replant with trees, evergreen
(non-Douglas Fir) and deciduous with a minimum height of 5 feet will be
25
required when an excessive number of trees are removed from a
member's lot. The replant must be done prior to permit expiration.
b.
Community Property
- Tree and brush removal, general clearing and
landscaping on community property is under the control of the CCA.
6. Installation of Driveways & Walkways -
a. The "paved road surface" does not determine the width of a
Clearwood road. The Road Edge is the property line adjacent to the
roadway. The Pavement Edge is where the asphalt ends.
b. Members may be granted ACC permits to install either asphalt,
removable pavers or gravel driveways/walkways with proper
culverts and shoulder slopes, from their front property line to a
paved road surface edge.
c. There is a five (5) foot utility easement at the front of each lot
bordering the road shoulder, any driveway surface within the five
(5) foot utility easement and up to the paved road surface edge
granted by an ACC permit is subject to removal for access to
utilities.
d. Any surface within the five (5) foot utility easement and up to the
paved road surface which is removed for utilities access will be
replaced with gravel, acceptably sloped.
e. Driveway surface between front property line and paved road
surface must slope slightly below grade of road if practical, and if
not, alternate means of providing adequate drainage must be
sought with the ACC.
7.
Distribution of Certificates Of Water Availability (COWAs)
-
a.
Limitations:
1. An ACC permit shall be submitted by all members
(contractors), and be approved by the ACC prior to member's
application for a County permit before receiving a COWA.
2. COWAs are transferable with the lot.
3. COWAs will be issued with an expiration date not to exceed
one year. If the County permit is not obtained within that time
limit the COWA will be voided and fees are non-refundable.
8.
Defining Temporary Structures
-
a. Permits must be obtained from the ACC for the placement of
these structures on private lots.
b. Chain-link dog runs, housed on private lots, must remain portable
at all times and their placement shall not be on the front of the lot.
c. Rigid-pipe housings for vehicles, including RV equipment, must
remain portable at all times and the colors of their coverings must
26
comply with color restrictions in effect for permanent structures.
d. A car port or portable garage will only be used for the storage of
motor vehicles, such as cars or trucks, and be set back 20 feet from
the property line and behind the front of the house.
e. All temporary structures, including fabric covered car ports and
garages, will be removed at the end of RV season.
f. All tarps and temporary coverings remaining more than thirty (30)
days must comply with color restrictions, tending to ivory, grays,
gray-greens, brown and black, and shall be kept in a reasonable
state of repair, cleanliness and neatness.
9.
Defining Retaining Walls -
a. Permission to construct any retaining wall must be obtained from the
ACC. Walls in excess of 3'11" requires a County permit.
b. Retaining walls, of any height, shall not be permitted to encroach
upon community property.
c. Retaining walls, of any height, shall not be permitted to encroach upon
neighboring property without a signed release from the affected owner.
d. Retaining walls, of any height, shall not be permitted to encroach
upon community right-of-ways or dedicated community roadways,
except those necessary to support driveway exits.
10. Plumbed Accessory Utility Structure -
Subject to obtaining a County Minor Permit and approval by the ACC,
one utility structure, such as a potting shed, greenhouse, or hobby den
shall be permitted to be plumbed to a sink provided that:
a. The structure is 200 square feet or less,
b. Appropriate setbacks are observed,
c. Drains empty into an approved septic system,
d. A Backflow Prevention Device, approved by the ACC, is installed,
27
e. All Clearwood and Thurston County requirements are met,
f. The structure is not used as a storage shed,
g. Habitation is strictly prohibited, and
h. The sewage disposal system complies with Article VIII, Section 2 of
the Amended Declaration of the Covenants, Conditions and
Restrictions Applicable to all Divisions of Clearwood.
A "Utility Structure" is a structure designed and intended for occasional
recreational or hobby use, as distinguished from a storage shed which
is a structure used solely for storage.
I. PROPERTY MAINTENANCE REGULATIONS
The buildings and grounds of each lot within Clearwood shall be kept in
a safe and reasonable state of repair, cleanliness and neatness.
No objects foreign to the Clearwood environment (particularly disabled
vehicles and household furniture or appliances) are to be stored out of
doors.
Trash and litter are to be disposed of in accordance with local (County)
regulations and are not to accumulate on private lots.
CCA dumpsters and common areas are not to be used for disposal of
personal refuse.
J. VEHICLE AND TRAFFIC REGULATIONS
1. General Regulations -
a. All motor vehicle statutes of the State of Washington are hereby
made a part of these regulations to be applicable to motorized
licensed vehicles within Clearwood. Any vehicle requiring a state
license to travel on Washington streets and highways must bear a
state license when in Clearwood.
b. The Rules of the Road, as set forth in the official State of
Washington Driver's Manual, must be observed by the operator of
any vehicle in Clearwood.
c. Pedestrians shall have the right of way at all times on all roads in
Clearwood but not obstruct traffic.
d. No motorized vehicles may be driven anywhere other than on an
established roadway or parking area at any time. A weight limit of
five (5) tons (10,000 lbs.) is in effect on the meadow road; the keyed
gate, south of the main gate, is available to allow by-pass of the
meadow of heavy equipment. Contact the office for use of this gate.
e. Operation of non-licensed motor vehicles including battery-
powered vehicles, except wheelchairs, is prohibited within
Clearwood.
2.
Operator's Permits
- Every person operating a licensed vehicle within
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Clearwood must possess a valid operator's license. Persons with a permit
can also operate a vehicle as long as they have a licensed driver with them.
3. Roads - The roads are heavily used by hikers, joggers, bicycle riders
and children at play. Members must be observant when driving and
allow people to have the right of way.
Engineered Speed Humps are installed at several points. They are
designed to alert vehicle drivers of the need to control speed to our
posted speed limit.
4. Parking - Members must provide parking space for at least two cars on
their residential/ recreational lots. No vehicle shall be parked at any time
on any green area or restricted area, or parked on any street in
Clearwood. Parking will be allowed on road shoulders for a temporary
period, not to exceed 12 continuous hours nor more than 36 hours in a
30-day period. Any car parked in a No Parking Area will first be given a
warning by placing a sticker on the offender's car that it will be fined and
towed should they not move their car. No parking on paved portion of
road. Violators may be subject to impound.
5. Speed Limit - The speed limit on all roads in Clearwood shall be 20
miles per hour except the pool area which is 10 miles per hour. All stop
signs shall be obeyed. This limit is low due to the heavy use of our
roads by pedestrians and children on bicycles and tricycles.
6. Speed Enforcement - Your fellow members now have the equipment
and expertise to legally prove speeding with the adoption of the Doppler
Radar Gun Program.
Clearwood Patrol, under direction of Board of Directors, is herewith
assigned the responsibility of operating this equipment utilizing two or
three members, optionally wearing reflective vests, to operate each
"radar station" setup:
a. 1st member uses radar gun ... set on freeze mode (i.e. picks top
speed and freezes images).
b. 2nd member is responsible for reading license and vehicle
information.
c. 3rd member (optional) is responsible for recording license and
vehicle information, time and location.
7. Passing a Moving Vehicle - All Clearwood roads are designated "No
Passing." Passing a moving vehicle is considered Reckless
Endangerment.
8. Passing Loading/Discharging School Bus - A fine equal to the State
of Washington fine for similar actions will be charged against the
member responsible for a vehicle passing a loading/discharging school
bus, subject to written report which must include verifiable license plate
29
identification, time and place of reported incident.
9. Impediments to Traffic and Safety All impediments to vehicular
traffic must be immediately removed by the lot owner or may be
removed by the Association at the lot owner’s expense. Subject to an
impound fee. Lot owners are responsible for violations committed by
their guests and tenants.
K. TRAIL REGULATIONS
Trails are for foot traffic only, with the exception of wheelchairs. Vehicles
and cycles of any type, with the exception of CCA maintenance vehicles
and Clearwood Patrol vehicles, are not permitted on the trails. Children
should be informed of these rules and the dangers to hikers when bikes
are ridden on the trails.
L. SWIMMING BEACH & POOL REGULATIONS
1. Beach Areas - Swimming is "at your own risk," since there are no
lifeguards on duty at the lake beaches. The swimming areas are
marked with ropes and posted. Boats are not to enter or be stored in
the roped-off swimming areas. Animals are not allowed in the roped
areas when swimmers are present, or on the beach and grass areas
when sun bathers are present.
No Fishing within designated swimming areas or from swim floats after
safety ropes are installed each spring.
2. Swimming Pool - The pool will be open full time starting at the end of
the school year (usually about mid-June) through Labor Day, then
weekends only until the end of September.
It may be closed one or two
days per week for maintenance.
The hours of operation, including lap and exercise hours, are posted at
the pool.
Lifeguards will be on duty at all times when the pool is open. They have
the responsibility to maintain a safe and orderly area. They have the
authority to suspend pool privileges for those members and guests who
do not obey pool rules. Lifeguards are not to be used as baby sitters.
Pool and Jacuzzi Rules are posted at the Pool.
M. BOAT REGULATIONS
1. Boat Policy - All boats shall be removed from the shoreline by
November 1st. These areas shall be clear of all boats until April 1st.
Boats remaining during this period will be impounded and a fee of
$50.00 will be charged for pickup and storage.
Any and all sunken boats will be removed when found and assessed a
$50.00 handling fee.
Watercraft left along the shorelines of the lakes outside the designated
30
boat basins and launching areas create unsightly paths across
community property and trails. These unofficial paths result in severely
eroded banks and other damage to community property. Boats found
along the shorelines of the lakes outside the proper boat basins at any
time of the year will be removed and impounded. Impounded boats may
be recovered by the owner upon proper identification and payment of a
$50 impoundment fee.
2. Impounded boats will be held for a minimum of two (2) years, after
which time they will be auctioned off by sealed bid at the first annual
meeting thereafter.
3. Identification - Member's boats placed in boat basins for temporary
storage shall carry identification substantiating Clearwood membership,
such as division and lot number, or an appropriate stern decal.
4. Speed Limit - The speed limit on Clear Lake is regulated at five (5)
miles per hour by Thurston County.
5. Monthly Rental Charge of $10.00 will be assessed against impounded
boats. Effective date for boats picked up at boat basins is November
1st. Effective date for boats removed from lakeside areas other than
boat basins is the 1st day of the month of impoundment.
N. FISHING REGULATIONS
The regulations of the State of Washington pertaining to fishing in
Horseshoe Lake, Blue Lake and Clear Lake are incorporated by
reference into these regulations. Horseshoe Lake, which is totally within
Clearwood, is open to fishing year round. However, fishing on or in
Horseshoe Lake is prohibited one week prior to the Annual Fishing
Derby. A $25 fine may be assessed for violating this rule. Grass Carp
caught must be released and returned promptly to the water.
O. TENNIS COURT REGULATIONS
Occupancy of any tennis court must be relinquished on the hour when
other players are waiting for a tennis court. This rule applies no matter
how short a period the players have been on a court. Additional or
modified rules may be posted at the tennis courts.
P. MEETINGS
1. The Annual Meeting of the CCA is on the third Saturday of August at a
venue designated by the Board of Directors within reasonable distance
from the Clearwood community.
2. An Informational Meeting will be held on the Saturday of the week
before the Memorial Day weekend at a venue designated by the Board
of Directors within reasonable distance from the Clearwood community.
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3. The Board of Directors generally meets the third Saturday of each
month at 9 a.m. in the Clearwood office. At times the date or time may
be changed. Members are encouraged to attend.
Q. ENFORCEMENT OF RULES
&
REGULATIONS
Reporting of violations is the responsibility of each member of
Clearwood.
Enforcement of the Rules and Regulations of Clearwood is the
responsibility of the Board of Directors or designated personnel.
Report of Violation forms are available at the Clearwood office, from
Clearwood employees, Clearwood members, or from the Clearwood
Patrol for use in reporting an alleged violation. When filing a report, the
member reporting should provide as much information as possible;
time, date, location, names of witnesses, pictures, if applicable, and a
general explanation of the events.
The CCA has established a Violation Committee and made the
provision for a Violation Review Panel as an independent hearing
board, to investigate, hear and determine the course of action regarding
complaints and alleged violations.
The CCA has the right, through the Committee and/or the Board, to
issue citations and levy fines or impose other sanctions, after written
notice and a hearing, for any violations of Covenants, Bylaws, Policies,
and/or reasonable Rules and Regulations. The member so charged
shall have the right of appeal to the Board of Directors of CCA and/or to
the membership.
Members have the right to respond to written notice prior to the
enacting of any fine or penalty, to face those who have caused the
citation to be issued, to answer the citation at a hearing held for that
purpose, to appeal the decision of the Violation Review Panel to the
Board of Directors, and having exhausted those avenues, to challenge
the ruling in civil action.
The CCA has the right to enter a private lot, upon written notice, where
an alleged violation has occurred and abate such nuisance at the
expense of the owner or any other person in control or possession.
The CCA has the right to prosecute a civil action against any person or
persons in violation or attempted violation to recover damages
therefore, including reasonable attorney fees and court costs.
The CCA has the right to file a lien upon the violator's land in
accordance with the laws of the State of Washington for collection of
unpaid assessments.
The purpose of the enforcement procedure is not to interfere with or
oppress any member's activity, but to preserve order and maintain
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conditions which are pleasant and enjoyable for all members.
The Washington State Patrol, Thurston County Sheriffs Department,
Department of Wildlife and Fisheries and other governmental authorities
have power to enter Clearwood and to make arrests for criminal
trespass, disorderly conduct, and infractions which constitute legal
misdemeanors or felonies. Members, guests and renters are not
immune from law enforcement authorities, and any member witnessing
an infraction may report or file complaints with such authorities under
appropriate circumstances.
Finally, in the spirit of friendly cooperation, and without vindictiveness,
members are urged to politely bring to the attention of any other
member, guest or renter when a violation is being committed. If the
violation persists, it should be reported to the CCA per the above
procedures.
R. SERVICES, WHERE TO GET THEM
1.
Building
permits - obtained from Thurston County Building Dept., Olympia.
2.
Septic System permits
- obtained from Thurston-Mason Health Dist., Olympia.
3.
Electrical service
- furnished by Puget Power in Bellevue.
4.
Telephone service
- furnished by Fairpoint Communications in Yelm.
5.
Garbage service
- furnished by LeMay's Pierce County Refuse Service in
Tacoma (Parkland).
6.
Clearwood store
- located outside of Clearwood front gate.
S. DISCLOSURE OF ASSOCIATION AND MEMBER INFORMATION
1. All books and records of account and minutes of the proceedings of
the CCA shall be kept at the CCA office or authorized storage area as
authorized by the Board of Directors. It shall be the responsibility of the
employees and the Board of Directors to take whatever steps may be
necessary to secure the books and records against disclosure except
as provided herein.
2. Certain records shall be open at any reasonable time during business
hours to inspection by any member of more than three months standing
or a representative of more than five (5) percent of the membership.
Any such member must have a purpose for inspection, reasonably
related to membership interests. These records include:
a. Current Articles of Incorporation and Bylaws. These records are
available at the office at no charge. No appointment necessary.
b. A record of members, including names, addresses and classes of
membership, if any. These records are available at the office, by
appointment only, at a cost for copying.
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USE OR SALE OF MEMBERS' LISTS BY ANY MEMBER, IF
OBTAINED BY INSPECTION, IS PROHIBITED.
c. Correct and adequate records of accounts and finances. The
current financial statement is available at the office at no charge
or
appointment necessary. Other detailed financial records are
available at the office by appointment only, with express written
consent of the Board.
d.
A record of officers' and directors' names and addresses.
This
record is available at the office at no charge. No appointment
necessary.
e.
Minutes of the proceedings
of members, if any, minutes of the regular
Board Meeting, and minutes which may be maintained by committees of
the Board. These records are posted on the member bulletin board after
each meeting. Other minutes are available at consent of the Board.
f.
Information requested
by a member or his representative, that
affects only the member making the request. These records are
available at the office, by appointment only, at a cost for copying.
3.
Certain records
will not be made available for review without the
express written consent of the Board of Directors and, possibly, the
individuals involved, to be consistent with an individual's right to
privacy. These records include:
a. Minutes of the Board Executive Sessions.
b. Minutes of Administrative Hearings pertaining to the imposition of
punitive measures.
c. Disclosure where such would violate a constitutional or statutory
provision or applicable public policy.
d. Disclosure which could result in a discernible harm to the CCA or
any of its members.
e. Personnel records and employment agreements.
f. Litigation files.
g. Information or investigations, or preliminary data which has not been
formally approved, such as bid proposals.
h. Disclosure which may result in an invasion of personal privacy,
breach of confidence or privileged information.
i. Disclosure which would unreasonably interfere with or disrupt the
operation of the CCA.
j. Disclosure where access results in private harm or damage that
outweighs the right to access.
k. Additional information, other than that which is required by law.
Any information contained in the books and records of the CCA
34
(including membership/ mailing lists and/or computer data) will not
be disclosed to anyone who may use that information to the
detriment or disadvantage of the CCA or its members, or who may
use it for the purpose of commercial advertising. It must further a
useful and legitimate objective of the requester, and be related to the
requester's interest as a member.
4. Members requesting disclosure of information, which requires an
appointment or Board consent, must state in writing, preferably on
forms provided for that purpose:
a. The information requested,
b. The records, in particular, to be inspected, and
c. The purpose for the request and confirmation that the information
shall not be disclosed for any other purpose.
The requester shall not disrupt the ordinary business activities of the
CCA office or its employees during the course of the inspection, hence
the need for an appointment and authorization from the Board.
Request forms are provided by the CCA and must be presented to the
Board of Directors for approval at least twenty-four (24) hours in
advance of the appointment.
5. Any information of any kind, relating in any way to members and/or
operations, shall not be disclosed to any person other than a member,
including a firm or agency of authority, except as required by law; or
authorized by the Board of Directors; or with the written consent of the
member or members involved in the information.
6. No original records may be removed from the CCA office and only
books and records, as identified in paragraph 2, above, may be copied
for removal from the CCA office. The member requesting disclosure of
information shall pay whatever reasonable costs are required to provide
the information requested.
7. At the discretion of the Board of Directors, or its representative,
certain records may only be inspected in the presence of a Board
Member or an employee of the CCA.
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SCHEDULE OF FINES: EXHIBIT NO.1
Care of Your Lot:
No Garbage Service
$50
Excessive/ Illegal signs
50
Improperly stored garbage & garbage containers
50
Unsightly lot/debris including furniture & Appliances
100
Refuse or sewage improperly disposed of
100
Community Property:
Basketball stands left hanging over right of Way
50
Impediments to vehicular traffic first complaint
Warning
Impediments to vehicular traffic succeeding complaints each
50
Impound Fee for Basketball hoops and other impediments to
traffic
50
Driving on community trails (except wheelchairs and
community caretaker vehicles):
Motor Vehicles
50
Bicycle
50
Parking:
Road Surface
100
Road Shoulder beyond limited period
50
Community Areas beyond limited period, subject to
tow-away and fine of
50
Personal signs
50
Satellite Dishes set on community property
50
Construction:
Done without ACC Permit
150
Non-compliance with/ without ACC Permit, subject to value needed
to restore property to condition prior to act of non-compliance
Sani-cans improperly placed
50
Stop Work order ignored
500
Dogs, loose, nuisance (County Ordinance):
First complaint
Warning
Succeeding complaints, each
25
Fire Arms and Dangerous Devices:
Fire Arms, discharging
Up to 1,000
Dangerous devices, discharging
Up to 1,000
36
Fires:
Campfire left unattended
50
Campfire during burn ban
100
Debris Fire in violation of Fire Policy
100 up to 5,000
Fireworks, discharged within Clearwood
250
Fishing, prohibited on Horseshoe Lake one week prior to
the Annual Fishing Derby
25
Gate Cards, illegal use
100
Noise, excessive, defined per policy
50
Owners Who Rent Their Homes:
Renters not registered at office in timely fashion
100
Annual fee for extra office staff work due to Rental
100
Rowboats in moorage after Nov. 1st and along lake
bank outside moorage at any time
50 to
retrieve
Tree Removal without ACC permit:
4" to 6" stump diameter
100
Each additional inch of stump diameter
50
Vandalism:
Reward fee, per incident to reward the person(s) reporting
vandalism, and able to identify the person(s) involved
1,000
Vandalism fine
100% of cost
to correct plus fine equal to 10% of cost to correct
with minimum of 100 per incident upon collection.
Vehicles:
Reckless endangerment:
Passing moving vehicle, speeding
100
Passing loading/ discharging school bus
304
Ignoring posted directions (such as "Stop" signs)
50
Doppler Radar Gun (Clearwood Roads - 20 mph speed limit):
25 - 30 mph reading is fined $25 per incident.
Over 30 - 40 mph reading is fined $50 per incident.
Over 40 mph reading is fined $100 per incident.
Pool area (10 mph speed limit):
15 - 20 mph reading is fined $25 per incident.
Over 20 - 25 mph reading is fined $50 per incident.
Over 25 mph reading is fined $100 per incident.
In disrepair, abandoned
150
Overhauling in yard
150
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Operating unlicensed vehicle
50
Operating vehicles without driver's license
50
Tailgating into Clearwood
50
Forced entry (no damage)
50
Over 5 tons traversing meadow road
500
Water system, tampering
500
Winter Removal/Storage of RV Equipment
(including Boats on Trailers):
Failure to remove RV equipment from recreational lot after
Nov. 1st each year through April 1st:
1st month
150
2nd month
300
3rd month
600
4th month
1,200
5th month
2,400
RV equipment not properly screened on residential lot after
Nov. 1st each year through April 1st:
1st month
150
2nd month
300
3rd month
600
4th month
1,200
5th month
2,400
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Warning notices and Notices of Fine Letters
will include a copy of
this Schedule of Fines.
Warning Notices allow 15 days from the date of mailing notice for the
member to correct the problem.
Notice of fine will allow for member to appeal in writing to the office
within 15 days of mailing notice, giving full details of his reason for
appeal. If appeal is received in a timely fashion the fine will be
suspended pending a hearing with a Violation Review Panel.
Failure to appeal in a timely fashion results in fine being charged
against member's property account. The fine must be paid in 30
days.
The cost of any damage done to CCA Property and/or private
property, or any cost of the removal, will be added to the fine.
Repeated violations will be assessed the stated fine multiplied by the
number of times the violation has been committed, or by the number
of months the violation continues, with the following multiples of the
fine:
1st
&
2nd repeat or 1st
&
2nd month that the violation continues -
basic fine rate
3rd assessment of violation - twice basic rate
4th
&
subsequent assessments - double the preceding rate
End
Clearwood Community Association Rules and Regulations