19.26.120 Homeowners’ association incorporation.
Construction of privately owned common improvements will require maintenance and upkeep over time. This includes roads, fire lane access requirements, pedestrian facilities, open space and recreation areas, and utility infrastructure. This section is intended to provide a framework by which future homeowners will be required to manage and maintain these improvements by establishing when a homeowners’ association (HOA) must be created for this purpose and what must be included in the relevant HOA documentation.
A. Applicability. This section applies to any land division that includes a common private access drive, and at least one of the following:
1. Privately owned common open space or recreation areas required by Chapters 19.24 through 19.27 EMC and this title;
2. Privately owned common parking areas; or
3. Privately owned common private utilities (water, sewer, electric, gas, fiber, cable) or stormwater detention/treatment facilities.
A land division that includes only a private access drive and does not include other privately owned common facilities is not required to form an HOA under this chapter.
B. Prior to the recording of the subdivision, the applicant shall provide evidence that the HOA has been incorporated pursuant to the laws of the state of Washington, including the filing of the association’s articles of incorporation with the Washington Secretary of State. In the event the homeowners’ association should cease to be a corporation under the laws of the state of Washington and as required by this section, such association shall continue as an unincorporated association governed by the Homeowners’ Association Act (Chapter 64.38 RCW).
C. HOA Covenants. Prior to the issuance of building permits or final land division approval, whichever occurs first, the applicant shall provide a preliminary draft of covenants, declarations and restrictions for review by the city. Prior to the recording of the subdivision, the applicant shall provide final covenants, declarations and restrictions in a form satisfactory to the city attorney, which shall be recorded with the county auditor’s office providing that the HOA shall be subject to and comply with:
1. Such covenants, declarations and restrictions;
2. The Homeowners’ Association Act (Chapter 64.38 RCW);
3. The applicable Washington corporation statute; and
4. Any applicable conditions, or other provisions of the city code required to be shown on the land division map.
D. Maintenance of Private Common Areas and Infrastructure. All common open space and recreation areas and all private utility infrastructure located within a land division shall be maintained in perpetuity by the homeowners’ association. Prior to the recording of the land division, the applicant shall provide the covenants, declarations and restrictions required by subsection (C) of this section for review by the city, which shall provide that the following common areas and infrastructure are maintained by the HOA in accordance with all applicable provisions of the city code. Said covenants, declarations and restrictions shall provide authority for the city, after providing reasonable written notice to the HOA and opportunity to perform required maintenance, to recover any costs incurred by the city to maintain private infrastructure or common areas due to a failure of the homeowners’ association to adequately maintain privately owned improvements, including a lien on the property or other appropriate assurance device, as determined by the city.
1. Private access drives;
2. Vehicle and pedestrian access easements;
3. Joint use and maintenance agreements;
4. Common off-street parking;
5. Common open space (including, but not limited to, landscape areas, gardens, woodlands, walkways, courtyards or lawns, and outdoor recreation areas);
6. Private utility infrastructure (including, but not limited to, stormwater facilities, underground utilities and utility easements); and
7. Any other common buildings or improvements.
E. Maintenance of Lot, Buildings and Facilities. Buildings, utilities and facilities on individual lots shall be maintained by the property owner in accordance with city codes and the requirements of the covenants, declarations and restrictions applicable to the development. Prior to the recording of the land division, the applicant shall provide the covenants, declarations and restrictions required by subsection (C) of this section for review by the city, which shall provide that buildings, utilities and facilities on individual lots shall be maintained by the property owner in accordance with city codes and the requirements of such covenants, declarations and restrictions. The city may require a separate covenant for stormwater facility operation and maintenance.
F. Recorded Conditions for Unit Lot Land Divisions. Notes shall be placed on the final land division map recorded with the county auditor’s office to acknowledge the following:
1. Approval of the design and layout of the development was granted by the review of the development, as a whole, on the parent site by the development plan approval (stating the project file number);
2. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent site as a whole, and shall conform to the approved site development plan;
3. If a structure or portion of a structure has been damaged or destroyed, any repair, reconstruction or replacement of the structure(s) shall conform to the approved site development plan;
4. The individual unit lots are not separately buildable outside of the context of the approved development plan for the subdivision and additional development of the individual unit lots may be limited as a result of the application of development standards to the parent site.
5. Minor additions, decks and alterations may be approved if consistent with the approved site plan and underlying zoning. The applicant is responsible for obtaining necessary authorization from the HOA. (Ord. 3774-20 § 5(N) (Exh. 3), 2020.)