Printable PDF version of the latest Ocean Grove Covenants HERE

595536 PGS: 12 AMEND
Jefferson County Auditor’s Office

RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO:
Ocean Grove Association
PO Box 519
Port Townsend, Washington 98368
Attn: Daniel H. Näsman, Manager

SEVENTH AMENDED DECLARATION OF PROTECTIVE COVENANTS COVERING OCEAN GROVE ESTATES, OCEAN GROVE NO. 2,
AND OCEAN GROVE NO. 3
BY OCEAN GROVE ASSOCIATION
Last amended by a majority vote of all lot owners effective April 12, 2015

Grantor:  Ocean Grove Association

Grantee:  Ocean Grove Association

Legal Description:  Plat of Ocean Grove Estates, Plat of Ocean Grove No. 2, and Plat of Ocean Grove No. 3, recorded in Volume 4 of Plats, at pages 20, 27 and 31, respectively, Jefferson County, Washington

Assessor’s Tax Parcel ID #: N/A

Reference #543353

The Ocean Grove Association (the “Association”), by a majority vote of the current owners of lots in the above subdivisions (the “Subdivisions”), have made the following Seventh Amended Protective Covenants to uniformly establish a general plan for the improvement and development of all the premises described below and does hereby establish the covenants, conditions, reservations and restrictions upon which and subject to which all lots and portions of such lots shall be improved or sold and conveyed by it as owner thereof. This Seventh Amended Declaration is intended to amend and restate in their entirety those certain Amended Protective Covenants Covering Ocean Grove Estates, Ocean Grove No. 2, and Ocean Grove No. 3, recorded under Jefferson County Auditor’s File No. 543353. Each and every one of these covenants, conditions, reservations and restrictions is and all are for the benefit of each owner of land in such Subdivisions, or any interest therein, and shall enure to and pass with each and every parcel of such Subdivisions and shall bind the respective successors in interest of the present owner thereof. These covenants, conditions, reservations and restrictions are and each thereof is imposed upon such lots, all of which are to be construed as restrictive covenants running with the title to such lots and with each and every parcel thereof:

Plat of Ocean Grove Estates, recorded in Jefferson County, Washington, in March 1961 as Volume 4 of Plats, page 20.

Plat of Ocean Grove No. 2, recorded in Jefferson County, Washington, in February 1961 as Volume 4 of Plats, page 27.

Plat of Ocean Grove No. 3, recorded in Jefferson County, Washington, in September 1962 as Volume 4 of Plats, page 31.

The Ocean Grove Lot Owners Association Bylaws will be the guide for voting and for maintenance of these covenants. The covenants may be amended or terminated at any time by a majority vote of the then member-owners in good standing of lots in the Subdivisions; provided that these covenants as recorded shall not be amended, rewritten or terminated at any time in such manner that will permit or allow public health to be endangered.

If the parties hereto, or any of them or their heirs, successors or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for the Association or any person or persons owning any real property situated in said development or subdivision to prosecute at law or in equity against person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation.

Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain if full force and effect.

Paragraph headings herein are intended solely for ease of reference and shall not alter the interpretation of the provisions hereof.

Addendum “A” to the Covenants shall be used as a planning guide. As a building plan fact sheet it is an extraction from the covenants and lists building constraints and outlines procedures for lot owners to submit plans and gain approval for construction in the Subdivisions. Nothing contained therein is intended to supersede Jefferson County planning codes or residential standards, and the County regulations will prevail.

These Covenants are designed to protect property values, to promote the enjoyment of the property by resident homeowners and to encourage community cooperation. They recognize a diversity of individual dwelling and landscaping styles in the context of the larger community and are intended to provide guidelines to assure the lasting enjoyment of each property owner and to provide a forum for the resolution of disputes regarding land use as it may impinge on another owner.

A. Residential Character; Footprint and Height of Structures. All lots in the Subdivisions shall be known and described as residential lots with the exception of lots held by the Association for community use (“Common Areas”) or deeded or assigned for utilities service. No structures or buildings of any kind shall be erected, altered, placed or permitted to remain on any residential building lot that is inconsistent with the residential character of the community, with the exception of gazebos, gardening sheds and other similar structures of a residential nature. Construction shall be limited to one detached single-family dwelling and a private garage for not more than three (3) cars. The total footprint for construction, including the main structure, the garage, and an impervious breezeway or patio connecting the house to the garage shall not exceed twenty-two percent (22%) of the lot.

Height of structures shall not exceed thirty (30) feet. Building height shall be measured as follows: Height of building is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the height of the highest gable of a pitched or hipped roof. The reference datum shall be the elevation of the highest natural grade within a five (5) foot horizontal distance of the exterior wall of the building. Variances regarding heights of structures shall be considered based on view impact.

B. Building Review. No building shall be erected, placed or altered on any building lot in the subdivisions until the building plans, specifications and plot-plan showing the location of such building have been approved in writing as hereinafter provided. Homes must be built on-site to be considered for approval. Variances to this requirement may be approved on a case-by-case basis. Bright reflective materials are not to be used. All buildings will be located as shown by the approved plot-plan. Plot-plan and construction compliance review will be accomplished as early as possible by a Building Review Committee duly appointed by the Board of Trustees of the Association (the “Board”), or by a representative designated by a majority of the members of said Building Review Committee. Inspection of the actual layout of the foundation on the lot will be made to assure compliance with the approved plot-plan. In the event a member leaves the Building Review Committee, the Board shall appoint a successor. Should the Building Review Committee or its designated representative fail to approve or disapprove design and location plans within thirty (30) calendar days subsequent to receipt of such plans and specifications, such approval will be waived and this covenant will be deemed to have been fully complied with. Neither the members of the Building Review Committee, or its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. Notwithstanding any other provision hereof, approval of plans for construction or alteration of any structure shall be withheld so long as the lot owner applying for such approval is in arrears in the payment of any assessments or other amounts payable to the Association hereunder.

Appointment to the Building Review Committee shall be for a term of three (3) years, and its members must be Ocean Grove lot owners and members of the Association.

The Building Review Committee intent is to encourage that all buildings receive quality workmanship and materials. In no event, however, will the Building Review Committee or the Board have any liability to any lot owner for any shortcoming in workmanship or materials in any construction carried out on any lot, regardless of such prior review and approval as may have been granted by the Building Review Committee. The ground floor area of the main structure, exclusive of one-story open porches, carports and garages, shall not be less than 800 square feet for a one-story dwelling, nor less than 600 square feet for the ground floor area of more than one a multi-story dwelling.

C. Setbacks. No building shall be located on any residential lot nearer than twenty (20) feet to the front lot line, nor nearer than ten (10) feet to any side street line, nor nearer than twenty-five (25) feet to the rear lot line, except a detached garage. No building shall be located nearer than five (5) feet to any side lot line. A detached garage may be located five (5) feet from the rear lot line except where the rear lot line abuts a street, in which case the front yard setback of twenty (20) feet or more will prevail, unless otherwise approved by the Building Review Committee.

D. Minimum Lot Size. No residential structure shall be erected or placed on any building lot which building lot has an area of less than 7,500 square feet or a width of less than seventy (70) feet at the front building setback line.

E. Business Uses of Lots. Trade, craft, business, profession, commercial or manufacturing enterprise, or business or commercial activity of any kind shall not be conducted or carried on upon any residential lot, which would result in signs, equipment, or additional traffic causing an annoyance or nuisance to the neighborhood. The Board shall make determinations of nuisance or annoyance when petitioned by affected Association neighbors.

F. Maintenance of Properties. The Association shall maintain the Common Areas. Each lot owner agrees to maintain his lot and the residence and any other structures located thereon in a neat, attractive, and clean condition.

No lot or tract shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in approved sanitary containers for proper disposal. Yard rakings such as rocks, dirt and other material as a result of landscaping shall not be dumped into public streets or ditches. The removal and disposal of all such materials shall be the sole responsibility of the individual lot owner. No unsightly conditions shall be permitted to exist on any lot. Unsightly conditions shall include, without limitation, litter, trash, junk or other debris; inappropriate broken, or damaged furniture or plants; non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items.

No radio or television antennas shall be permitted to extend more than ten (10) feet above the roof line of any residence without written approval of the Building Review Committee. For the benefit of sky watchers and the residents who appreciate the solitude and rural nature of Ocean Grove, the installation of any high intensity dusk-to-dawn security light, which remains continuously on, is prohibited.

G. Vehicles or Structures Used as Residence. No trailer, mobile home, motorhome, basement, tent, shack, garage, barn or other outbuilding erected or placed in the Subdivisions shall at any time be used as a residence temporarily or permanently. However, the Building Review Committee may authorize a temporary residence during a construction period. A written request shall be required and placement of the trailer prior to the issuance of a Jefferson County building permit shall be prohibited.

H. Parking of Recreational Vehicles, Etc.
Definitions:
For purposes of this section the following definitions apply.
“Recreational vehicle” includes Class A, B, and C motorhomes, trailered boats, boat trailers, campers, camper shells, It does not include campers or vans used as regular transportation or similar vehicles.

“Restricted vehicle” includes commercial trucks, trucks with a GVW (gross vehicle weight) exceeding 10,000 pounds, riding lawnmowers, tractors, boats without trailers.

No recreational vehicle shall be stored or permitted to remain on any lot, unless the same is placed in a garage or, if approved by the Building Review Committee, a carport. Restricted vehicles may remain on a lot provided that they are shielded from view from the street and adjacent lots. This provision shall be subject to rules and regulations established by the Board through the adoption of pertinent bylaws. Parking of recreational vehicles for up to two weeks on an owner’s lot is permitted for purposes of loading, unloading, vehicle maintenance, or use as a guest bedroom.

Variances from or waivers of the provisions of Article H shall be considered by the Board on a case-by-case basis based on the visual impact of the subject vehicle. The manager shall give written notice of a violation to the lot owner or occupant, who shall then have 14 days from the date of receipt of the written notice to take whatever actions are necessary to remedy the violation. If said lot owner shall not comply within the 14-day period, the board shall have the option to remove the vehicle at the expense of the owner.

The recreational vehicle/boat storage facility constructed by the Association immediately east of the water storage tanks currently located on the subject property will be maintained by the Association for use and benefit of Ocean Grove owner-residents. The use and occupancy of such storage facility by lot owners shall be governed by written policies and rules established from time to time by the Board, with respect to what items may be stored, how spaces will be assigned, the use of rental agreements, and the establishment of rental fees for the use of such storage space, and such other matters as the Board may choose to address in such policies and rules.

I. Reserved Easements. An easement is reserved over the rear five (5) feet of each lot and over a two and one-half (2-1/2) foot wide strip along each side of interior lot lines, for utility installation and maintenance, power, telephone, sewer, etc. except for contiguous lots to be combined for single residence. Additional necessary public utilities and utility easements are reserved as shown on the recorded plats, and as may be required by governmental subdivisions. Utilities will be below ground for all lots except for those bordering Cape George Road in Blocks 1, 3, 6, and 8, and in Ocean Grove No. 3.

J. Completion of Construction; Sewage Disposal. Any dwelling or structure erected or placed on any lot in these Subdivisions shall be completed as to exterior appearance, including finished painting, within ten (10) months from the date of commencement of construction; provided that extensions of such deadline shall be considered by the Building Review Committee and granted for good cause shown. Dwellings shall be connected to a wastewater treatment system. Where a community system is not available, all sewage disposal shall be by means of septic tanks and tile disposal fields, in accordance with the regulations of the Jefferson County Department of Public Health.

K. Landscaping, Hedges, Fences, Etc. Landscaping may include the full range of options from formal lawns and plantings to maintenance of native flora but should result in a neat and clean appearance pursuant to Section F of these Covenants. Where appropriate, plantings of hedges and potentially large trees or shrubbery should take into consideration the preservation of mountain and water views of other homeowners.

No fence or walls shall extend higher than six (6) feet above ground. Fences shall be constructed of suitable fencing materials, shall not detract from the appearance of the dwelling located on the building site and should be of acceptable appearance to adjacent owners. Nothing shall prevent the erection of a necessary retaining wall the top of which does not extend more than two (2) feet above the finished grade of the back of said retaining wall. Conflicts arising between owners over landscaping, plantings, fencing or view impingement should initially be addressed between the parties involved. Should conflicts remain unresolved, they may be submitted in writing with appropriate documentation to the Board.

No cutting, trimming or pruning shall occur on Common Areas without express written approval by the Board.

L. Animals. No animals, livestock, or poultry of any kind may be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept in compliance with existing laws and regulations, provided that they are not kept, bred, or maintained for any commercial purpose. Upon a written request by a resident-owner and the written approval of the Board and in accordance with Board-adopted Bylaws, a resident may have up to three chickens. The keeping of household pets in such numbers as to become a neighborhood problem is also excluded. Animal ownership includes the obligation to ensure the peace, property and privacy of the community and to comply with governing county ordinances (JCC 6.05 et seq.) including but not limited to control of an animal at all times, howling and barking, injury to property, vicious or dangerous animals. Enforcement of this section shall begin with neighbor-to-neighbor contact and may be followed by a request for Board participation in problem resolution as outlined in the Bylaws. Request for county enforcement may be made at any time by the offended neighbor or, after an unsuccessful effort at problem resolution by the Board. The Board may initiate legal proceedings to enforce this language.

M. Signs No signs shall be erected or maintained on any lot, except that not more than one bona fide “FOR SALE” or “FOR RENT” sign of a size that is in accordance with prevailing practice in Jefferson County. Signs used by a builder as advertisement are permissible during construction and sale period. Signs for any other purpose shall be allowed only upon written approval of the Board or the Building Review Committee if authorized by the Board. During primary and general elections, residential lots may display political endorsement signs. Such signs shall be permitted from the date that filing for offices open and shall be removed within one day after the general election. Occasional yard sale signs are also permitted.

N. Common Expenses and Assessments. Certain expenses shall be paid by the Association for the benefit of all owners and are referred to herein as Common Expenses. The Common Expenses shall be paid by the Association from funds collected. The Common Expenses shall include, but shall not be limited to, the following: (1) the expense of maintaining any Common Areas; (2) real property taxes on the Common Areas; (3) the cost of procuring insurance coverage on the Common Areas; (4) the cost of operation, maintenance, repair or replacement of the Common Areas; (5) utility charges attributable to the Common Areas; (6) the cost of operating any recreational facilities of the Association; (7) the cost of maintaining entrance improvements, including but not limited to, signs, lights, fences, wall, plantings and landscaping; and (8) any other expense which shall be designated as a Common Expense in these Protective Covenants as the same may be amended from time to time by the Association.

For the purpose of funding such Common Expenses, each lot shall be subject to an annual assessment. The Board shall determine the amount of the total annual assessments necessary to pay the Common Expenses, and the amount of such annual assessment may be increased or decreased periodically as necessary to properly provide for payment of the Common Expenses. The amount of the annual assessment shall be equal for all residential lots, but shall not be assessed against the Common Areas. The Association shall create and maintain from the annual assessments a reserve fund for replacement of Common Areas which can reasonably be expected to require repair or replacement. Upon written demand from any lot owner, the Association shall furnish a written certificate setting forth whether the assessment against a specified lot has been paid. A reasonable charge may be assessed for the issuance of such certificate. The Association may also levy special assessments against a lot to reimburse the Association for the Association’s costs and expenses incurred in enforcing these covenants or in performing on behalf of any lot owner any duty of such lot owner hereunder which such owner fails to perform. Any such special assessment shall be due and payable immediately upon receipt of written notice of such assessment by the lot owner.

Within thirty (30) days after adoption by the Board of any proposed regular or special budget of the Association, the Board shall set a date for a meeting of owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing of a summary thereof to all owners. Unless at that meeting the owners of a majority of the votes in the Association reject the budget, in person or by proxy, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the owners ratify a subsequent budget proposed by the Board. Whenever circumstances require an expenditure of capital assets–excluding annual earned interest–such expenditure shall require approval by a majority of votes cast by Association members in good standing. Such approval may be by written ballot or by proxy.

O. Collection of Assessments. All regular or special assessments, together with interest thereon and cost of collection thereof, as herein provided, shall be a charge on the land and will be a continuing lien upon the lot against which each such assessment is made. Said lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the owner of such lot at the time the assessment fell due.

If any assessment is not paid within ninety (90) days after its due date, the assessment shall bear interest from said date at the rate of ten percent (10%) per annum. A ten dollar ($10)late fee shall also be charged. The Association reserves the right to collect delinquent assessments together with any interest due and costs of collection.

In the event any owner shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or this Declaration, for a period of thirty (30) days or more, said owner’s rights to use common areas and improvements and to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent owner as may be provided in the Articles, Bylaws, or Declaration.

P. Notices. Any demand to be made upon, or any notice to be given to, the owner or owners of any lot or lots in the Subdivisions to which these covenants pertain, shall be in writing. Said demand or notice may be given to such owner or owners either by personal delivery of such demand or notice, or by sending the same by prepaid United States registered mail addressed to the record owner or owners of the lot or lots with respect to which the demand or notice relates, the same to be addressed to such owner or owners at the street address of the dwelling house or other structure situated upon the relevant lot or lots. Notice by certified registered mail, addressed as aforesaid, shall be deemed to have been fully communicated upon the expiration of forty-eight (48) hours after the time of mailing, and the name and address of the person or persons to whom such demand or notice was mailed, shall be conclusive, but not the exclusive means of, proof of such fact.

Q. No Waiver; Severability. The various provisions of this document of restrictions are declared to create mutual, equitable covenants and servitudes for the benefit of the owner of each lot and parcel in these Subdivisions. Failure to enforce any of the provisions hereof in the event of violation, by any persons entitled to do so, shall not prohibit or stop enforcement thereafter, nor shall enforcement be prohibited or stopped by reference to a similar violation in connection with the same or some other property located in the Subdivisions. The invalidity or unenforceability of any provision of these covenants shall not affect the validity or enforceability of any of the remaining terms hereof.

R. Refining/Mining. No oil refining or mining operations shall be permitted upon or in any lot.

S. Compliance with Laws. Each lot owner shall at all times comply with all applicable laws and regulations in any way governing the construction, development, use, occupancy, ownership or maintenance of his lot.

T. Purpose of Covenants; Variance from Covenants. In the event that these covenants fail to anticipate land use that adversely impacts property values or views; or that a restriction established in these covenants is found to restrict a property owner in a manner that would not adversely affect other property owners, the Building Review Committee may either grant a variance to these covenants or increase its jurisdiction, as is necessary. Such an action by the Building Review Committee must have the consent of the Board by a two-thirds (2/3) majority.

In the event that a property owner takes exception to a ruling by the Building Review Committee, a review by the Board within thirty (30) days of written petition by the property owner shall be required. Reversal of the ruling by the Building Review Committee requires a two-thirds (2/3) majority of the Board.

In the event that a property owner is still dissatisfied after review by the Board, the property owner may take the issue to the Association at large at the next annual meeting, where a two-thirds (2/3) vote of the attending membership in good standing may reverse the decision of the Board and the Building Review Committee.

Attachment: Addendum “A”

IN WITNESS WHEREOF, this Seventh Amended Declaration is approved as of the 12th day of April, 2015, by the President pro tem and Secretary of the Association, who hereby certify that the foregoing instrument was duly adopted by the owners of a majority of the lots in the Plats of Ocean Grove Estates, Ocean Grove No. 2, and Ocean Grove No. 3, at a duly called annual meeting of the Association called for this purpose and held on April 12, 2015.

OCEAN GROVE ASSOCIATION,
a Washington nonprofit corporation

By: ____/S/__________________ By: ______/S/________________
Tom Lemmons, President                                 Eric Lucas,. Secretary

ADDENDUM “A”

BUILDING PLAN FACT SHEET
Protective Covenants
Ocean Grove Association

The Building Plan Fact Sheet is for use of Ocean Grove lot owners in construction on property in accordance with the protective covenants covering Ocean Grove Estates and Ocean Grove No. 2 and No. 3 (“Subdivisions”).

1. All building or building revisions in the Subdivisions must be approved by the Association’s appointed Building Review Committee. All homes shall be site-built. The Building Review Committee has jurisdiction for quality assurance, to evaluate and determine that all dwellings shall receive quality workmanship and materials, to be substantially the same or better than that which can be produced for the minimum permitted dwelling size on the date this Sixth Amended Declaration is recorded. Submissions will be evaluated on current standards. In no event, however, will the Building Review Committee or the Board have any liability to any lot owner for any shortcoming in workmanship or materials in any construction carried out on any lot, regardless of such prior review and approval as may have been granted by the Building Review Committee. The Building Review Committee does not represent the County Building Department and the County may require stricter building criteria. Building proposals are typically submitted to the Building Review Committee for review, revisions and approval prior to submission to the County Building Department. Building proposals must be reduced into drawings of sufficient detail to the satisfaction of the Building Review Committee to enable them to evaluate the following:

a) Size, including height from ground.

(1) The ground floor area of the main structure, exclusive of one-story open porches, carports and garages, shall not be less than 800 square feet for a one-story dwelling, nor less than 600 square feet for the ground floor area of a multi-story dwelling.

(2) Height should not exceed 30 feet. Building height shall be measured as follows: Height of building is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the height of the highest gable of a pitched or hipped roof. The reference datum shall be the elevation of the highest natural grade within a five-foot horizontal distance of the exterior wall of the building. Variances regarding heights of structures shall be considered based on view impact.

b) Materials/exterior treatment.

(1) Material used for exterior should be architecturally and aesthetically suitable to the surrounding area.

(2) Roofs shall not include bright, reflective materials, such as unpainted galvanized steel.

(3) All utilities will be underground with the exception of those lots bordering Cape George Road in Blocks 1 and 6, and in Ocean Grove 3.

c) Location on the lot.

(1) Set back from front line at least 20 feet.

(2) Set back from rear line at least 25 feet, except for detached garage which must be set back at least 5 feet from rear line.

(3) Set back from street on side of lot at least 10 feet. However, the County currently requires a 20 feet set back on side streets.

(4) Set back from sides of lot abutting other lots at least 5 feet.

(5) The total footprint (the area encompassed by the foundation, the garage, and any connecting breezeway or patio, if any) shall not exceed twenty-two percent (22%) of the area of the lot.

2. Building and landscaping plans should be submitted to the Building Review Committee, Ocean Grove Lot Owners Association, P.O. Box 519, Port Townsend, WA 98368.

3. Builder must obtain permits for building from appropriate county office.

4. Where a community system is not available, all sewage disposal shall be by means of septic tanks and tile disposal fields, in accordance with the regulations of the Jefferson County Department of Public Health.

5. Building plans should be approved or disapproved within 30 days after they are submitted to the Building Review Committee.

6. The Building Review Committee may approve, upon written request, the on-site use of travel trailer or motorhome as temporary residence during actual construction phase.

7. Landscaping should be designed to maintain the existing mountain and water views of other homeowners and lots that may be affected.

STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )

I certify that I know or have satisfactory evidence that Tom Lemmons is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the president of the OCEAN GROVE ASSOCIATION, a nonprofit corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument.

Dated this 12th day of November, 2015
/S/ Julie Ward__________________________
(signature of Notary)

__Julie Ward___________________________
(Legibly print or stamp name of Notary)

Notary Public in and for the State of Washington
Residing at Port TownsendWashington
My appointment expires ___8/19/2017____

STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )

I certify that I know or have satisfactory evidence that Eric Lucas is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the secretary of the OCEAN GROVE ASSOCIATION, a nonprofit corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument.

Dated this 12th day of November, 2015

/S/ Julie Ward__________________________ (signature of Notary)

__Julie Ward___________________________
(Legibly print or stamp name of Notary)
Notary Public in and for the State of Washington
Residing at Port Townsend Washington
My appointment expires ___8/19/2017____

 

 

 

 

 

OCEAN GROVE ASSOCIATION BYLAWS (INCLUDING RULES AND REGULATIONS)

ARTICLE I MEMBERSHIP

Section 1. Classes. The membership of the Association shall consist of one class of members

Section 2. Members. The membership of the Association shall consist of all the owners of lots in Ocean Grove Estates, Ocean Grove #2 and Ocean Grove #3. Active members, for notice and voting purposes, shall be those who current assessments are not delinquent.

Section 3. Expulsion of Member. No membership shall be forfeited nor member be expelled except upon foreclosure for non-payment of assessments; provided, however, that the right to vote at membership meetings and the right to use the facilities of the Association shall extend only to members in good standing whose assessments are not delinquent and who are not in breach of any of the Covenants, Bylaws or rules of use of facilities adopted by the Board of trustees (hereafter referred to as the “Board“.).

Section 4 Suspension of facility use. In the event that any member of this Association (or family member or member’s guest) shall violate the Covenants or Bylaws of this Association, or rules and regulations established by the Board , such member may be prohibited from using the facilities and enjoying the benefits of this Association for such a period as the Board of Trustees shall direct.
ARTICLE II MEETINGS OF MEMBERS

Section 1 Annual Meetings. The annual meeting of the members for election of trustees to succeed those whose terms expire, and for the transaction of such other business as may properly come before the meeting, shall be held each year on the first Sunday in April, at an hour and place to be designated by the Board of Trustees.

Section 2. Special Meetings. Special meetings of the membership for any purpose or purposes may be called at any time by the Association president or by the Board at such time and place as the president or the Board may prescribe. Special meetings of the members may also be called by members having at least one-fifth of the votes entitled to be cast at such a meeting. In the event that such be the case, it shall be the duty of the secretary, upon request by such members, to call a special meeting of the membership to be held at such time and place as the secretary may fix, not less than ten nor more than 50 days after the receipt of said request, and if the secretary shall neglect or refuse to issue such call within five days of such receipt, the members making the request may issue the call, specifying therein the time and place of the meeting.

Section 3. Notice of Meetings. Written or printed notices stating the date, place and hour of the meeting and, in the case of a special meeting, the purpose(s) for which the meeting is called shall be delivered to each member entitled to vote at such meeting not less than ten nor more than 50 days before the date of the meeting. Delivery shall be by personal service, by United States Postal Service (USPS), or by electronic means (email or fax). If mailed, such notice shall be deemed to be delivered when deposited with the USPS, addressed to the member at an address that appears in the records of the Association, with postage thereon prepaid.

Section 4. Quorum A quorum shall consist of the number of members present, however, proposed actions that require an expenditure of funds shall be placed before the entire membership for approval or rejection. Approval or rejection shall be in accordance with the Covenant language governing such procedures. Members are entitled to one vote for each lot owned and votes may be split among a member’s lots. Lots held by the Association may not be voted.

Section 5 Proxies. At any membership meeting, any member may vote by a written, emailed, or faxed proxy.. Such proxy shall be revocable. The proxy may be voted by any designated member in good standing or by the Association secretary, who shall vote the proxy in accordance with the direction of a majority of the Board. The proxy shall direct the vote of the proxy holder except if the proxy is uncommitted the proxy holder may vote at will. Proxies held but not voted shall be counted as voting on the prevailing side of the vote. Proxies held by the secretary shall be received no later than 24 hours prior to the meeting for which the proxy is intended except that proxies delivered to the secretary at the meeting shall be accepted. Proxies received prior to the meeting shall be tallied and the tally may be reported at the meeting prior to the vote. Proxies may be solicited during a meeting recess if such proxies are necessary to conduct the business of the Association.

ARTICLE III BOARD OF TRUSTEES

Section 1. Powers and Qualifications. The affairs of the Association shall be managed by the Board of Trustees, who shall be elected from the active membership of the Association.

Section 2. Number. The number of Association trustees shall not be less than five. The Board, by amendment to these Bylaws, may increase the number of trustees.

Section 3. Election and Term. Each trustee shall be elected for a term of three years.

Section 4. Vacancies. The Board shall have the power to fill any vacancy occurring in the Board, including a position added by an increase in the number of Board members. A trustee appointed to fill a vacancy shall be elected for the unexpired term of the predecessor. Any trustee appointed by virtue of an increase in the size of the Board shall stand for election for a two year term at the next annual membership meeting.

ARTICLE IV MEETINGS OF THE BOARD OF TRUSTEES

Section 1. Annual Meeting. The annual meeting of the Board shall be held at a place, time, and date designated by the Board at its last meeting prior to the annual membership meeting. Such meeting shall be held within 30 days of the annual meeting.

Section 2. Notice of Meetings. No notice of the annual meeting of the Board shall be required. Notice of the time and agenda of meetings of the Board shall be given to each Board member by the secretary or Association manager at least three days prior to the date of the meeting. Attendance of a trustee at a meeting shall constitute a waiver of notice of such meeting, except when the trustee attends a meeting for the purpose of objecting to the transaction of business because the meeting is not lawfully called or convened.

Section 3. Quorum. The majority of the Board shall constitute a quorum for the transaction of business. The act of a majority of trustees present at a meeting at which a quorum is present shall be the act of the Board. At any meeting of the Board at which a quorum is present, any business may be transacted and the Board may exercise all of its powers.

Section 4. Actions by Written Consent. Any Association action required or permitted by the Covenants or Bylaw, or by the laws of the State of Washington, to be taken at a meeting of the Board may be taken without a meeting if a consent is writing, setting for the action so take, shall be signed, or acceded to by written communication, by all of the members of the Board entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote and may be described as such.

Section 5. Waiver of Notice. Whenever any notice is required to be given to any trustee by the Covenants, Bylaw, or laws of the State of Washington, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be equivalent to the giving of such notice.

ARTICLE V INDEMNIFICATION OF TRUSTEES, OFFICERS AND AGENTS

Section 1. Each trustee or officer now or hereafter serving the Association and each person who, at the request of or on behalf of the Association, in now serving or hereafter serves and a trustee, director, designated agent, and his respective heirs shall be indemnified by the Association against expenses actually and necessarily incurred in connection with the defense of any action, suit or proceeding in which that person is made a party by reason of being or having been such a trustee, director, officer, or agent, except in relation to matters at to which that person shall be adjudged in such action, suit, or proceeding to be liable for negligence or misconduct in the performance of duties; but such indemnification shall not be deemed exclusive of any other rights to which such person may be entitled under any Bylaw, agreement, vote of the Board, or otherwise.

ARTICLE VI OFFICERS

Section 1. Officers Enumerated. The officers of the Association shall be a president, one or more vice-presidents, a secretary, a treasurer, and such other officers and assistant officers as may be deemed necessary by the Board. Officers shall be elected annually by the Board and shall serve until a successor is duly elected. Two or more offices may be held by the same person except the offices of president and secretary. In addition to the powers and duties specified below, the officers shall have such powers and perform such duties as the Board may prescribe.

Section 2. President. The president is a trustee of the Association and shall exercise the usual executive powers pertaining to the office and shall preside at meetings of the Board and of the membership.

Section 3. Vice-president. In the absence or disability of the president, the vice president shall act as president.

Section 4. Secretary. It shall be the duty of the secretary to keep records of the proceedings of the Board and of the membership, to administer the membership register, to sign and execute with the president all deeds, bonds, contracts, and other obligations or instruments in the name of the Association.

Section 5. Treasurer. The treasurer shall have the care and custody of, and be responsible for, all funds and investments of the corporation, and shall cause to be kept regular books of account. The treasurer shall cause to be deposited all funds and other valuable effects of the Association ins such depositories as may be designated by the Board; in general, to perform all of the duties incident to the office of treasurer. the treasurer shall work in concert with the Association manager to fulfill these responsibilities.

Section 6. Vacancies. Vacancies in any office arising from any cause shall be filled by the Board at any regular or special meeting.

Section 7. Salaries. The salaries of all officers and agents of the Association shall be fixed by the Board.

Section 8. Removal. Any officer elected or appointed may be removed by the Board whenever in its judgment the best interests of the Association will be served thereby. The removal of an officer shall be without prejudice to the contract rights, if any, of the officer so removed; provided, that election or appointment of an officer or agent shall not of itself create contract rights.

ARTICLE VII ADMINISTRATIVE AND FINANCIAL PROVISION

Section 1. Fiscal Year. The fiscal year of the Association shall be April 1 to March 31.

Section 2. Loans Prohibited. No loans shall be made by the Association to any officer to any trustee.

Section 3. Corporate Seal. The Association shall have no corporate seal.

Section 4. Books and Records. The Association shall keep current and complete books and records of account and shall keep the minutes of the proceedings of its members, Board, and committees having any of the authority of the Board, and shall keep at its registered office a register of the names and addresses of its members entitled to vote. All books and the records of the Association may be inspected by any active member or an agent of that member for any proper purpose at any reasonable time.

Section 5. Amendment of Bylaws. These Bylaws may be altered, amended, or repealed by the affirmative vote of a majority of the Board at any annual or special meeting of the Board.

Section 6. Rules of Procedure. The rules of procedure at the meetings of the Board shall be the rules contained in Roberts’ Rules of Order on Parliamentary Procedure, as amended, so far a applicable and when not inconsistent with these Bylaws, the Covenants, or with any resolution of the Board.

ARTICLE VIII SPECIAL ASSESSMENTS

Section 1. Members liable for Special Assessments. Association members shall be liable for the payment of such charges or special assessments as may from time to time be fixed and levied upon the membership by resolution of the Board pursuant to the Covenants and these Bylaws and subject to the provisions of said Covenants and Bylaws. Charges and assessments against all members shall be levied by the Board at a uniform rate and hall be collected on a basis to be determined by the Board. All charges or assessments shall be expended pursuant to the Covenants.

Section 2. Two-thirds vote required. No charge or assessment shall become effective until approved or ratified by a two-thirds vote of the memberships at a regular or special meeting called for that purpose.

Section 3. Non-payment of Special Assessments. From time to time as and when any such assessments in this Article are levied and ratified, each member shall pay the amount of such assessment to the Association at such times and in such manner as provided in the resolution of the Board, provided, however, that in no event shall such assessment become payable in fewer than thirty days after the mailing of the notice of such assessment. Each member shall pay all expenses and costs reasonably incurred in enforcing the payment of such assessments. Unpaid assessments, expenses, costs and interest thereon at the prevailing prime rate, shall be a lien upon the property of the member. A member’s right to use the Association facilities shall be suspended whenever a lien is filed and restored upon dissolution of the lien.

Section 4. Dues. Dues shall not be considered a special assessment and shall be established by the Board at the time the annual budget is adopted. Collection of dues shall be as specified in the Covenants.

ARTICLE IX USE OF ASSOCIATION FACILITIES

Section 1. The use and enjoyment of Association facilities shall be for members, their immediate families household guests, subject to such rules and regulations as may be adopted by the Board.

ARTICLE X TAXES

Section 1. Taxes assessed against Association property shall be included in the annual budget

ARTICLE XI INSURANCE

Section 1. The Association shall purchase liability insurance for the purpose of protecting members against claims arising from the use of Association facilities or arising from actions or omissions by the Board or its agents.

Section 2 The Association shall purchase liability insurance for the purpose of protecting Board members and their agents against claims arising from actions or omissions of the Board or its agents.

Section 3. Insurance premiums shall be included in the annual budget.

ARTICLE XII BUDGET DEVELOPMENT

Section 1. Timeline. The Board will develop a preliminary budget in January and adopt a final budget in early March. It shall be sent to Association members at least 14 days before the annual meeting at which time the membership shall vote on the adopted budget. An annual audit of the previous year‘s budget shall be completed no later than July 1 of the year in which the budget closed. Such an audit shall be by a qualified, outside accountant. Revised March 7, 2005

Section 2. Approval. A budget shall be considered ratified unless a majority of all eligible votes is cast in opposition to the budget, as per the Revised Codes of Washington §

Section 3. Definitions.
Capital Assets are invested capital exclusive of accrued interest. Treasury notes shall be valued at their face value, mot market value, because they will be redeemed at face value at maturity. CDs will be valued at face value and shall not include accrued interest. Converted non-capital assets. (e.g. water connections, land) will be added to capital assets in proportion to capital-interest expense ratios (i.e. if a water meter is sold, the initial cost of the meter shall be added to capital assets. The cost of the transaction will be subtracted from that asset. The capital gain shall be deemed interest and accessible to the operating budget.)

Capital Reserve is a budgeted fund that receives an annual appropriation is intended for repair or replacement of existing facilities (e.g. beach stairway, RV lights). Because the Capital Reserve may be invested in a CD, available funds will be used for Capital Reserve expenditures until the redemption of the CD, at which time the operating budget will be replenished.

Contingency Fund is a budgeted fund that receives an annual appropriation and is intended for expenditures that reasonably could not have been anticipated. (e.g. insurance rate increase above the projected increase).

Section 4. Funding Sources. Interest, dues, fees, refunds, and a portion (as described above) of converted non-capital assets shall serve as the source of income for funding maintenance, operations, capital improvement and the Capital Reserve fund.

ARTICLE XIII AUTHORITY TO ACT AS TRUSTEES

Section 1. Pursuant to the laws of the State of Washington, the Association is a non-profit corporation and is authorized to act as a trustee.

ARTICLE XIV RULES AND REGULATIONS

1.  PROBLEM RESOLUTION  Members of the board do not represent relatives or close friends; They should refer problems to the board or to another board member. Persons requesting problem resolution should attempt personal resolution of problem before requesting board assistance. If a problem appears to require more action than the person involved can provide, the board member may request a special board meeting to determine further steps to resolve the problem. Revised March 7, 2005

2.  FENCES AND LANDSCAPING  In accordance with Covenant Section K, Landscaping, Hedges, Fences, Etc., landscaping that includes potential view-blocking trees and street-facing fence plans must be submitted to the building review committee for approval. Fence material should be compatible with homes in the area. Requests for variances from these requirements will be addressed on a case-by-case basis by the Board. Adopted September 27, 2005

3.  USE OF RV STORAGE FACILITY Section 1. Priority for use shall be as follows: (1) Recreational vehicles (including boats) in frequent or occasional use; (2) Trucks; (3) Utility trailers; (4) Shells; (5) Autos; (6) RVs not in occasional use; and (7) Motorcycles.   No commercial vehicles shall be stored. Bylaw changes pertaining to priority shall not apply during the term of an existing agreement. No owner shall have more than two spaces if an owner with no spaces or with one space requests a space. Canopy or shelter installation must be approved by the board. The annual agreement regarding RV storage rules, space assignments, and fees must be signed by the member and an association representative. Rates shall be $10 per month.   Effective April 1, 2007, all stored vehicles and trailers must have current registration and license except for (6) RVs not in occasional use.

Section 2. Overnight storage of RV on residential lot. An owner may keep an RV overnight on a residential lot for no more that 14 consecutive nights subject to the in Covenant Article H. If more than 14 days are required, the owner shall request an extension of the allowable nights with an explanation as to the reason for an extended stay. Such requests may be granted at the discretion of the board or its representative. This provision is not intended to be used serially. There must be reasonable—as determined by the board—intervals.

Section 3. Screening requirements for stored vehicles, equipment. Small boats, campers, camper shells and riding lawnmowers or tractors may remain on a lot provided that they are shielded from view from the street or adjacent lots. If the board determines that a boat, et al, requires screening, the manager shall meet with the owner and relay the decision of the board. After such notice the owner shall have 30 days to provide the required screening or to request the board to reconsider the decision. A request for reconsideration shall include a justification for exemption and shall also include signed agreement by an affected neighbor. Screening from street view shall be at the sole discretion of the board.  

Section 4. Enforcement An owner may appeal a decision to the board for reconsideration. If, after reconsideration, the owner is directed to comply with these bylaws such decision shall be final. Failure to comply with these requirement shall result in a written notice of a violation to the lot owner or occupant and the lot owner or occupant shall have fourteen (14) days from the date of receipt of the written notice to take whatever actions are necessary to remedy such violation. If said lot owner shall not comply within said fourteen (14) day period, the Board shall take appropriate actions in accordance with these Bylaws. Revised April 17, 2015

 CHICKENS  Applications to house chickens (limit of three hens) shall be on a board-approved form.   It shall describe the enclosure to be used, the protections to be taken against predators, rodents, odor, and noise. The board retains the option to reject all applications, thus, if raising hens creates too many problems the board can terminate the program without another vote on the Covenants.  Approval can be withdrawn anytime with a 30-day notice.  Adopted 2009

SCOTCH BROOM CONTROL  This Bylaw shall apply to all unimproved lots in Ocean Grove Estates, Ocean Grove #2, and Ocean Grove #3—known collectively as “Ocean Grove”  “Unimproved lots” are defined as lots upon which no structure has been erected and which are not owned by an owner with a residence on an adjacent lot.

Annually, in April, the manager shall notify owners of unimproved lots regarding the flammability of Scotch Broom.

To assist all owners in maintaining their lots on a continuing basis, upon request, the Association gardener will pick up and transport all Scotch Broom that is piled roadside by the lot owner.  The Association will cover the costs involved in loading, transporting, and unloading the Scotch Broom while the owner will pay the Jefferson County yard waste recycling fee Bylaw Adopted July 6, 2012

TREE CUTTING/TRIMMING ON ASSOCIATION PROPERTY  The overall intention of the board is to disallow any cutting on Association property. Written requests for exceptions will be considered. Each request shall be accompanied by a specific plan for cutting that includes justifications and photos. A hold-harmless agreement shall also be provided. The plan shall include a report from a certified arborist that addresses slope stability, tree health, and pertinent considerations. A fee of $50 will be due upon approval. The arborist or requesting party shall also confirm with Jefferson County as to the need, if any, for a permit. Trees designated for removal must be clearly marked on the site and a board representative shall be on-site at the commencement of cutting to approve plan implementation.  All tree removal or trimming shall be performed by a licensed professional. Adopted 2013

END OF BYLAWS