Section 6.1 Authorized Uses. Lexington Subdivision shall be used solely for residential purposes and related facilities normally incidental to a residential community. After the Declarant Control Period no Unit shall be further subdivided, except as permitted in this Declaration without prior approval conferred by Association Action.

 

Section 6.2 Leasing Restrictions. No residence on any Unit may be leased or rented by any party for a period of fewer than thirty (30) days, nor shall less than the whole of any Unit be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Governing Documents. Any failure by a lessee to comply with the terms of the Governing Documents shall be a default under the lease, whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Unit Owner to lease his Unit or residence.

 

Section 6.3 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept in Lexington Subdivision except as specifically provided herein. Domesticated dogs, cats, or other conventional household pets may be kept if they are not kept, bred, or maintained for any commercial purposes, and all animals must be in compliance with applicable codes and regulations. "Other conventional household pets" shall include only traditionally domesticated pets and shall not include any form of poultry (i.e., domestic fowl, including but not limited to chickens, turkeys, ducks, and geese) or any exotic pets such as large or potentially dangerous reptiles, potentially harmful insects, bees, large birds, wild animals, and animals not normally domesticated, all of which are strictly prohibited in Lexington Subdivision. No domestic pet may be kept if its presence or actions constitute a public or private nuisance. Pets shall be registered, licensed, and inoculated from time to time as required by law. When not confined to the Unit Owner's Unit, pets within Lexington Subdivision shall be leashed and accompanied by a person who shall be responsible for cleaning up any animal waste.
 
Section 6.4 Commercial Uses. No commercial enterprise, including itinerant vendors, shall be permitted on any Unit; provided, however, that the Association may, by adopting rules and regulations, permit specified home occupations to be conducted if allowed by law and if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the Lexington Subdivision community; and provided further that no signs or advertising devices of any character shall be permitted.

 

Section 6.5 Vehicle Storage. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Unit, except this shall not exclude temporary (less than forty-eight (48) hours) parking of vehicles on the designated driveway areas adjacent to garages on the Units. Upon forty-eight (48) hours' notice to the Unit Owner of an improperly parked or stored vehicle, boat, or other equipment, the Association has authority, but shall not be obligated, to have removed at the Unit Owner's expense any such vehicle visible from the street that is parked on any Unit, street or within a Common Element for more than forty-eight (48) hours.

 

Section 6.6 Garbage. All trash shall be placed in sanitary containers that are screened so as not to be visible from adjoining Structures or streets or roadways. No Unit or any portion thereof shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris resulting from landscaping work or Construction shall not be dumped onto adjoining lots or streets or roadways.

 

Section 6.7 Utilities Underground. Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained above the surface of the ground.

 

Section 6.8 Signs. Except for entrance, street, directional, traffic control, and safety signs, no promotional signs or advertising devices of any character shall be posted or displayed in Lexington Subdivision; provided, however, that one temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Unit or attached to any residence placed upon the market for sale or lease. Any such temporary real estate sign shall be removed promptly following the sale or rental or such Unit or residence. In addition, nothing in this subsection shall be construed to prohibit the display of signs regarding candidates for public or Association office, or ballot issues, on or within a Unit, so long as such signs are no larger than four (4) square feet and in place no longer than sixty (60) days. Flags of the United States or the State of Washington are not considered signs hereunder and are permitted, provided, however, that the Association may place reasonable restrictions on the time, place and manner of display as permitted by federal and state law.

 

Section 6.9 No Obstruction of Easements. No structure, planting, or other material shall be placed or permitted to remain upon the Real Property which may damage or interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. No decorative planting, structure or fence may be maintained within an easement area.

 

Section 6.10 Antennas and Clotheslines. No external aerial antenna, free-standing antenna towers, satellite reception dishes of any kind or clotheslines shall be permitted in Lexington Subdivision; provided, however, satellite dishes of less than twenty-four (24) inches in diameter are permitted if they are located on the rear of the residence or in such location allowed through written consent of the Architectural Control Committee. Satellite dishes greater than twenty-four (24) inches in diameter may be allowed through written consent of the Architectural Control Committee.

Section 6.11 Unit Owners' Maintenance Responsibilities. The maintenance, upkeep, and repair of individual Units and homes shall be the sole responsibility of the individual Unit Owners thereof, and in no way shall it be the responsibility of the Association, its agents, officers or directors. Unit Owners shall maintain their Units and homes in good repair and in a clean, sightly, and sanitary condition at all times. Without limitation as to the foregoing, each Unit Owner shall be obligated to keep his Unit and home in a clean, sightly and sanitary condition and maintain the landscaping on his Unit in a healthy and attractive state and in a manner comparable to that on the other Units in Lexington Subdivision. No storage of firewood shall be permitted in front yards. After thirty (30) days' written notice to a Unit Owner from the Association of such Unit Owner's failure to so maintain his home or Unit, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, to enter upon any Unit which has been found to violate the foregoing standards in order to restore the home or Unit to such standards. The cost of such work shall be a special assessment on such Unit Owner and his Unit only.

 

Section 6.12 Weapons. No firearms of any kind or nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps, or any other like weapon, shall be used or discharged within Lexington Subdivision except by authorized governmental officials.

 

Section 6.13 Nuisances Prohibited. No noxious or offensive activity shall be conducted in any portion of Lexington Subdivision, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington or any other applicable governmental entity. Nothing shall be done or maintained on any portion of Lexington Subdivision which may be or become an annoyance or nuisance to the neighborhood or detract from the value of the Lexington Subdivision community. The Association shall determine by Association Action whether any given use of a Unit unreasonably interferes with the rights of the other Unit Owners to the use and enjoyment of their respective Units or of the Common Elements, and such determination shall be final and conclusive.

 

Section 6.14 Preservation of Landscaping. No party subject to the terms of this Declaration or his/her/their agents, employees or guests shall destroy or otherwise materially adversely impact landscaping on Common Elements and/or dedicated Tracts, or as otherwise governed by applicable laws, codes and regulations.

 

Section 6.15 Temporary Structures. No Structure or improvement of a temporary character, including without limitation a trailer, tent, shack, garage, barn, or other outbuilding shall be installed, placed or used on any Unit as a dwelling or residence, either temporarily or permanently.

 

Section 6.16 Window Coverings. Curtains, drapes, blinds or valances shall be installed on all windows within ninety (90) days of occupancy of a residence on a Unit. No newspapers, bed sheets or other makeshift window coverings shall be visible from the exterior of the residence.

 

Section 6.17 Fences. All fences not installed by Declarant shall conform to the fence detail attached as Exhibit B, as may be modified by the Architectural Control Committee from time to time, unless otherwise authorized by the Board. Any fences that are stained must be stained with Sherwin Williams Superdeck® Exterior Oil-Based Transparent Cedar Tone Stain unless otherwise approved by the Architectural Control Committee. Unless otherwise authorized by the Board, no fence, wall hedge or mass planting over three feet in height, other than foundation planting, shall be permitted to extend nearer to any street than the minimum setback line; however, nothing shall prevent erection of a necessary retaining wall, the top of which does not extend more than two feet above the finished grade at the back of said retaining wall.

 

Section 6.18 Unit Size Restriction. No Unit or portion of a Unit in the community shall be divided and sold or resold or ownership changed or transferred, whereby the ownership of any portion of Lexington Subdivision shall be less than the area required for the use district in which located.

 

Section 6.19 Vehicular Access Restriction. Units having frontage along 144th Avenue SE are prohibited from having direct vehicular access to and from said street. Access to such Units is restricted to Southeast 279th Street.

 

Section 6.20 Damage. Any damage to streets, Common Element improvements, entry structures, fences, landscaping, mailboxes, lights and lighting standards by Unit Owners, their children, contractors, agents, visitors, friends, relatives or service personnel shall be repaired and restored to like new condition by such Unit Owner within twelve (12) days from the occurrence of such damage. After thirty (30) days' written notice to a Unit Owner from the Association of such Unit Owner's failure to so repair, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, make such repairs on behalf of such Unit Owner. The cost of such work shall be a special assessment on such Unit Owner and his Unit only.

 

Section 6.21 Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Unit. Unsightly conditions shall include, without limitation, improperly maintained landscaping; publicly visible storage of firewood; publicly visible storage of boats, trailers or motor homes, manufactured homes, recreational vehicles, or disabled vehicles of any kind whatsoever; laundry hanging or exposed in view for drying; 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; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any housing unit unless prior written approval shall have been obtained from the Architectural Control Committee. This Section 6.21 shall not apply to Units owned by Declarant during the Declarant Control Period.

 

Section 6.22 Shared Driveways. Unless otherwise provided herein, all shared driveway areas shown on the Map, whether provided as easements or tracts, shall be used only for pedestrian and vehicular ingress and egress. Unless otherwise agreed upon by all Unit Owners benefitting from or burdened by the shared driveway area, parking, the construction or maintenance of improvements, and the storage of personal property shall be prohibited in such shared driveway areas.