AMENDED AND RESTATED DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR FAIRWAY VILLAGE
The Amended and Restated Declaration of Covenants, Conditions and Restrictions for Fairway Village (“the CC&Rs”) is made this 3rd day of November, 2023 by Fairway Village Homeowners Association (“Association”).
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Recitals
WHEREAS, on January 15, 1982, a certain “DECLARATION OF CONDITIONS AND RESTRICTIONS FOR TUALATIN DEVELOPMENT CO. INC.”, was recorded in the real property records of Clark County at Auditor’s File No. 8201150123 (re-recorded May 19, 1982 at Auditor’s File No. 8205190055 (the “Original Declaration”). The Original Declaration was subsequently amended by instruments recorded at Auditor’s File Nos. 8903100111, 9305190031, 9611080215, and 3135319; and
WHEREAS, the Original Declaration was amended and restated on December 17, 2003 when an instrument titled “2003 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FAIRWAY VILLAGE” was recorded at Auditor’s File No. 3767817 (as amended, the “2003 Amended and Restated Declaration”). The 2003 Amended and Restated Declaration was subsequently amended by instruments recorded at Auditor’s File Nos. 4403754 and 5029941; and
WHEREAS, the 2003 Amended and Restated Declaration has served to direct the Fairway Village Homeowners Association (the “Association”) in meeting the purposes for which it was created, including to operate, govern and administer a 55-and-over planned development and association of owners, and to promote the upkeep of property and harmony amongst residents within Fairway Village. However, through its experience administering the Association pursuant to the terms of the Original Declaration and 2003 Amended and Restated Declaration, the Board has concluded that improvements and amendments are necessary to better meet the purposes for which the Association is organized. Furthermore, the subsequent amendments to the 2003 Amended and Restated Declaration render it cumbersome as a reference tool and Board and Owner resource; and
WHEREAS, in order to incorporate a variety of improvements and to improve the Declaration as a reference document, the Association Board and membership have consented to amend and restate the 2003 Amended and Restated Declaration, including all amendments thereto, the result of which is this Amended and Restated Declaration; and
WHEREAS, this Amended and Restated Declaration shall not act to add, remove or modify any of the Lots, Units, Condominium Units, Common Areas and Facilities or other real or personal property identified in or added to the Fairway Village development by any of the recorded instruments identified above or in any recorded plat or survey map applicable to or incorporated within such instruments.
WHEREAS, consistent with the requirements of Section 4.2 of the 2003 Amended and Restated Declaration, not less than 51% of the total voting power in the Association approved the amendments herein;
NOW THEREFORE, the undersigned President and Secretary of the Association certify and attest that the 2003 Amended and Restated Declaration, as amended (which completely amended and restated the Original Declaration, as amended) has been completely amended and restated in its entirety, as follows:
Definitions
“Association” shall mean and refer to “Fairway Village Homeowners Association,” a non-profit Washington corporation, incorporated on August 26, 1983, its successors and assigns.
“Associate Member” shall mean and include every Occupant who is not an Owner, but who has been approved by the Board for occupancy as an Associate Member.
“Board” shall mean and refer to the Board of Directors of Fairway Village Homeowners Association.
“Bylaws” shall mean that recorded instrument duly adopted by the Association pursuant to applicable state and federal laws that establish the governance and operation of the Association as a corporation, including but not limited to election of officers, terms of service, rights, limits of authority and ability and means to amend them.
“CC&Rs” or “Declaration” shall mean The Amended and Restated Declaration of Covenants, Conditions and Restrictions for Fairway Village as stated in this document as recorded in the real property records of Clark County.
“Common Areas and Facilities” or “Common Areas” shall mean and include all of the land described in that certain deed from Declarant to the Association, recorded January 9, 1995, under Auditor’s File No. 9501090175, official records of Clark County Auditor, together with all improvements, recreational and maintenance facilities located thereon, provided, however, that this term shall not include the general and limited Common Areas and facilities located within Fairway View Condominium Association.
“Condominium Association” shall mean and refer to the “Fairway View Condominium Association,” the condominium sub-association organized and empowered by its Governing Documents to manage the affairs of Fairway View. The Condominium Association is a sub-association within the Fairway Village Homeowners Association, and Units within Fairway View are subject to this Declaration, as it may be amended in the future, and Owners of such Units are members of the Fairway Village Homeowners Association.
“Condominium Unit” shall mean and refer to a residential condominium located within Fairway View, including its undivided interest in the Common Areas and facilities and all easements and rights appurtenant thereto.
“Declarant” shall collectively mean and refer to the original developer, Tualatin Development Co., Inc., and to Hayden Corporation, d.b.a. Hillman Properties Northwest, Inc., successor as developer to said Tualatin Development Co., Inc..
“Fairway View” shall mean and refer to those certain residential Condominium Units located within Fairway Village, together with all general and limited Common Areas and facilities and all easements and rights appurtenant thereto, as more particularly designated and described in the Declaration of Covenants, Conditions and Restrictions and Reservations, Fairway View Condominiums 1-18 recorded May 11, 1989, under File No. 8905110002, official records of Clark County Auditor, having been heretofore developed pursuant to the provisions of Chapter 64.32, Revised Code of Washington, commonly known as The Horizontal Property Regimes Act.
“Fairway Village” shall mean and refer to that certain real property situated in Clark County, Washington, as more particularly described in the plat thereof recorded in Book H, Page 167, of plats, official records of the County, and all plats contiguous heretofore made applicable of record, either by declaration of the Declarant or by imposition in conveyances by Declarant of the individual Lots or Condominium Units in such plats, which plat, Lots and Condominium Units, individually and collectively, as hereinafter referred to as “Fairway Village.”
“Governing Documents” shall mean this Declaration, commonly referred to as “the CC&Rs,” the Bylaws, the Articles of Incorporation, plat maps, and Rules and Regulations duly adopted by the Association pursuant to applicable federal and state laws.
“Guest” shall mean a person residing temporarily in any Fairway Village Unit with a qualified Occupant in residence.
“House Sitter” shall mean a person engaged by a Proprietary Member to reside temporarily in any Unit to care for the Proprietary Member’s Lot while the Proprietary Member is not in residence.
“Lot” shall mean and include any residential Lot located within Fairway Village, including the improvements constructed thereon, but shall not include the Condominium Units in Fairway View.
“Occupant” shall mean any person actually residing in any Unit within Fairway Village, but shall not include a Guest, House Sitter, or live-in caregiver or healthcare provider who is not a related party.
“Owner” shall mean and include every Owner of record, whether one or more persons or entities, of the fee simple title to any Lot or Condominium Unit within Fairway Village, including contract purchasers, but excluding those holding such title merely as security for the performance of an obligation.
“Passenger Vehicles” shall mean cars, minivans, station wagons, sport utilities and pickup trucks designed and used principally to transport people. Vehicles displaying advertising, names, etc., motorcycles, bicycles, golf carts, motorbikes, boats, trailers, buses and construction equipment are not considered Passenger Vehicles.
“Proprietary Member” shall mean and include every Owner of a Lot or Condominium Unit, whether or not approved by the Board to occupy such premises.
“Recreational Vehicle” includes, without limitation, camper-trailers, mobile homes, motor homes, “fifth-wheelers” and other similar such vehicles or trailers, whether motorized or not.
“Rules” or “Rules and Regulations” shall mean any rules or regulations adopted by the Board pursuant to the Washington State HOA Act (R.C.W. 64.38) or this Declaration and published to the Unit Owners including, but not limited to rules, regulations, resolutions, fine schedules, fee schedules, hearing procedures, collection policies or enforcement policies.
“Unit” shall mean both an individual residential Lot and a Condominium Unit.
Section 1 - Land Use
1.1 Land Use
The location of the golf course, all Lots, Condominium Units, easements, recreational and maintenance areas shall be as specified in the various Fairway Village and Fairway View plats heretofore recorded in the official records of the Clark County Auditor. All Lots, Units, Condominium Units, Common Areas and Facilities and any other real property specified in such plats are subject to this Declaration as it may be hereafter amended. Only single-family dwellings, with attached garages, shall be permitted on any residential Lot in Fairway Village and only Condominium Units, with attached or detached garages, shall be permitted in Fairway View. No structure of a temporary character shall be erected or maintained on any Lot or on any part of Fairway Village.
Section 2 - Property Restrictions
Section 4 - Grants of Waivers or Consents
4.1 Board Authority to Grant Variances
The Board shall have jurisdiction and authority to grant or extend any exception, variance, waiver or consent under any of the foregoing Sections l through 3 inclusive. However, with respect to Fairway View, the authority to grant or extend any exception, variance, waiver or consent to its own Declaration or Rules and Regulations shall remain with the Board of Directors of the Fairway View Condominium Association.
4.1.1 Any Owner has the right to appeal a decision rendered by the CC&R Committee to the Board of Directors. To file an appeal, an Owner must provide a written request for a hearing to the Board within 10 days of receiving the decision of the CC&R Committee.
4.1.2 In recognition of the unique circumstances that may arise within our community and in order to promote fair and reasonable solutions while maintaining the integrity of our common areas, the BOD may grant case-by-case waivers when an inadvertent encroachment on common area may occur. These waivers will be established with a memo of understanding and any associated legal cost will be borne by the encroaching party.
Section 3 - Occupancy of Units
3.1 Qualified Occupants
Fairway Village is a 55-and-over community and at least one resident of each Unit must be fifty-five (55) years of age or older, unless one of the Occupants is a surviving spouse or domestic partner, or unless granted a waiver by the Board. All qualified Occupants are subject to membership requirements as stated in Section 6. Residents under the age of 18 are not allowed.
Only qualified Occupants, their Guests and House Sitters may occupy a Unit. A qualified Occupant is:
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A person who is fifty-five (55) years of age or older.
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A surviving spouse or domestic partner under the age of 55.
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A person eighteen (18) years of age or older residing in the Unit with a person who meets one of the two criteria above. A variance is required for two (2) or more persons qualifying under this category.
The Board reserves the right to grant exceptions, variations, waivers or consent to the prohibitions against occupancy of an Owner’s Unit for a live-in caretaker, aide, or health care worker, and to adopt Rules and administrative procedures consistent to ensure fair and timely review of Owners’ requests. All such requests will be considered with regard to the requirements of, and with full compliance with, applicable law or requirement to accommodate.
Section 5 - Enforcement
5.1 Rights of Action
Each Owner and Occupant shall comply strictly with the provisions of this Declaration, the Bylaws and the Rules and Regulations of the Board adopted pursuant thereto, as they may be lawfully amended from time to time, and the decisions of the Board. Failure to comply with any of the foregoing shall be grounds for an action to recover sums due, damages, fines and injunctive relief, or any or all of them maintainable by the Board on behalf of the Association or by an aggrieved Owner. In any action to enforce this Declaration or related to any alleged breach or default of any Owner, or other party, under the Governing Documents, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs. Reports of Non-Compliance with the Governing Documents should be submitted using the guidelines in the Rules and Regulations.
Section 6 - Membership and Assessments
6.1 Proprietary Members
Each Owner shall be a Proprietary Member and subject to the Governing Documents and Rules and Regulations established by the Board. The purchaser in a contract for the purchase and sale of a Unit shall be deemed the Owner of such Unit for these purposes.
6.1.1 VOTING. Each Unit is entitled to one (1) vote. This vote can only be cast by a Proprietary Member.
6.1.2 LIABLE FOR DAMAGES. Proprietary Members are liable for any damages to the Association’s real or personal property caused by the Proprietary Member, the member’s renter or lessee, Guest, House Sitter, employee or agent and are at all times responsible for the appearance of the Proprietary Member’s Unit.
6.1.3 TERMINATION OF MEMBERSHIP. The right and privileges of Proprietary Membership shall terminate when the holder of any such membership ceases to qualify as an Owner.
8.1 Termination
All of these CC&Rs herein shall apply to all Units and shall be binding upon Owners and Occupants of a Unit until January 1, 2080. At that time the CC&Rs shall automatically extend for successive periods of ten (10) years unless, effective January 1, 2080, or at the end of any ten (10) year extension, 75 percent (75%) or more of the total voting power of the Association resolve to terminate these CC&Rs.