Background: The Cedars CC&Rs & HOA
CC&Rs (Covenants, Conditions, and Restrictions) are “rules” for what property owners can and can't do with their property. CC&Rs include a description of the properties they apply to. They're recorded by the developer, before lots are sold. They “run with the land,” meaning they're bound to each property deed and passed from one owner to the next. Most CC&Rs include an HOA (homeowner’s association), which is the governing body of the CC&Rs and its properties. HOA membership normally consists of all the property owners, and is usually mandatory.
In 1973, The Cedars developers (Camelot Construction) recorded The Cedars CC&Rs, which apply equally to all properties (and their lot owners) that adopted the CC&Rs. There are no separate “phase HOAs" allowed for the separate phases (this is why attorneys determined the wrongly-formed Cedars I HOA was illegal, after they examined the original CC&Rs). To amend (make slight revisions to) the CC&Rs, 75% of all Cedars lot owners legally encumbered by the CC&Rs must sign off on the changes. There is no expiration clause in the CC&Rs, so it would take a court ruling to dissolve them.
The Cedars CC&Rs define and provide for one Cedars HOA. However, neither the original developer or subsequent lot owners found sufficient need for a board of directors or assessments, so "The Cedars HOA" was never formed. As a result, The Cedars has no HOA (or related Articles of Incorporation and Bylaws). For anyone to form The Cedars HOA, all Cedars lot owners must first be notified as required by law, so everyone can equally participate.
Though The Cedars HOA has never been formed, The Cedars CC&Rs are in effect just like any legal contract, and they are enforceable. All lot owners are, therefore, legally obligated to follow the CC&Rs' rules. If a lot owner violates any of the restrictions, they can be taken to court by other lot owners, and may have to pay all attorney and court costs. (Its worth noting that if you're new to the neighborhood and an existing neighbor has an established building or fence, for example, that you claim is in violation, it would be difficult to sue the neighbor and win, due to common-sense legalities such as laches.)
The map below shows The Cedars CC&Rs boundary. It contains over 130 lots and about 440 acres, including the former golf course properties and Cedars Phases I–IV. Washington courts recently ruled that Phase II did not legally adopt the CC&Rs before a specified deadline. Attorneys agreed, however, that Phase I, Phase III, and Phase IV adopted the Cedars CC&Rs, and are equally bound by them.
Other CC&Rs & HOAs in The Cedars Area
Separate from the inactive Cedars HOA defined in The Cedars CC&Rs, there are three active HOAs near or within The Cedars, all bound to properties via their own unique CC&Rs: 1) Cedars I Townhouse owners are bound by The Cedars CC&Rs, and The “Cedars I Townhouses” also have their own supplemental CC&Rs and HOA. They were recorded in 1973 and 1975; 2) Cedars III Townhouse owners are also bound by The Cedars CC&Rs, and they have their own supplemental CC&Rs and HOA, recorded in 1979; and 3) “Cedars East” has its own CC&Rs and HOA (recorded in 1980), which is outside of “The Cedars” legal boundary description.
The Cedars CC&Rs: Rules and Enforcement
Enforcement
CC&Rs are, in many ways, similar to contracts. If one party breaches the terms of the contract, the other party may seek the help of the legal system for damages or to require the breaching party to fulfill their obligations.
Normally, CC&Rs are enforced by an established HOA. But since a valid HOA was never formed for "The Cedars" (including Phase 1) by the developer or lot owners, enforcement falls upon the residents. If you need to complain to a neighbor about a violation, use neighborly common sense. Is the violation a big deal and do other neighbors agree? Does the violation create a significant nuisance or hazard? Might it lower property values or diminish someone’s chance of selling their home? Will other neighbors join you in enforcement? Is alternative dispute resolution (such as mediation) an option, instead of an expensive and contentious lawsuit?
The Cedars CC&Rs: Rules
The “use restriction" rules (what you can or can’t do with your property) in The Cedars CC&Rs are contained in its Article V. Below is a summary of the main rules, in “non-legalese." Refer to the original scan of the CC&Rs provided here or a text version here for the actual legal verbiage. Consult with a real estate attorney if you need help interpreting the CC&Rs.
Article V (in layman's terms)
Section 1 (Land Use): You can't subdivide your lot. You can only use a lot for residential purposes. Your home can’t be more than two stories high. Garages are for non-commercial use only, and can’t be for more than three cars. You can have other “incidental” residential outbuildings (shed, greenhouse, etc).
Section 1 (Dwelling Size): A newly-constructed house has to be larger than 1,400 square feet (or 1,100 square feet for a one-story home).
Section 3 (Building Location): You can't construct any home or outbuilding closer than 25 feet from the front or rear of the lot’s boundary line, or 10 feet from the sides.
Section 4 (Parking): Each lot has to have at least 4 parking spots (including those in the garage). You can’t park on the street (although there are a couple of paved parking bays built off of the streets that can be used by any lot owner at any time).
Section 5 (Fences): You can put up an ornamental fence as long as its not too tall (see the CC&Rs for details). The CC&Rs state that If you have a fence along the golf course, it has to have a gate for golfers searching for their balls. Since there is no longer a golf course, this requirement is no longer applicable.
Section 6 (Approval of Plans): An “Architectural Committee” formed by the HOA is supposed to review and approve all plans prior to someone building something. Since there is no active HOA or architectural committee, residents must use common sense and do their best to follow county laws and the CC&Rs to ensure compliance. In general, buildings need to adhere to the “look and feel” of the neighborhood, and shouldn’t be an eye sore. (Also see Section 7.) If you see a neighbor beginning a significant structure, it would be wise to speak with them about the CC&R rules to ensure there are no potential problems. The further along construction is, the more difficult it will be to enforce.
Section 7 (Completion): You have to finish building any new structure within one year of starting. Outbuildings can’t be “offensive in character” and have to “reasonably conform in design and decoration” with the main home. Also see Section 6 above.
Section 8 (Temporary Structures): You can't have people living on your property in a trailer, tent, or outbuilding.
Section 10 (Signs): You can have real estate signs, but they can't be larger than 5 square feet. You can have a builder’s sign displayed, but only during construction.
Section 11 (Nuisances): This rule is subjective, but it basically says you can't do anything "offensive or noxious" on your lot that is a “nuisance or annoyance to the neighborhood” or detract from its value. You have to keep your lot neat, clean and orderly. If you don’t, a lot owner(s) can serve you with a written notice. If you don’t comply within 20 days, the lot owner(s) can have the violation removed, and bill you for all charges. Consult with a real estate attorney before thinking about enforcing!
Because nuisance restrictions are subjective, they are notoriously difficult to enforce.The courts usually look at what is reasonable. Is a lot owner regularly doing things on their property that's annoying multiple neighbors, and causing civil complaints? Is a home or lot such an eyesore that it detracts from the neighborhood, and could lower property values? Are there county ordinances in place that can be enforced more efficiently via a call to the appropriate authorities (e.g. RCWs regarding noise, smoke, pollution, slash piles, etc.)?
Section 12 (Animals): You can only have dogs, cats, or other "household pets." Is a backyard chicken a household pet? Probably so, according to recent court cases. But a noisy rooster would be considered an annoyance.
Section 13 (Garbage and Refuse Disposal): Trash and garbage has to be kept in containers, and removed regularly. You can’t use your lot as a dump.
Section 16 (Commencement of Construction): If a lot is purchased, construction has to be started within two years (see the CC&Rs for exceptions).
Preserving our Trees
Without the majestic trees in Cedars Phase I, our community would lose its unique, forested feel. Unfortunately, there is no land use rule in our CC&Rs to protect them. Fortunately, most people that move into The Cedars do so because they love the trees and wildlife, and they do their part to protect and conserve them.
Our biggest trees include hemlock, fir, and Western red cedar. Most of the cedar trees are hundreds of years old. If you're lucky enough to have cedar trees on your property, you can estimate the age of a tree by measuring its circumference (the distance around, in inches) with a tape measure. Then multiple that number by six. Some of the larger red cedar trees near our homes are over 50 inches in diameter, so — over three hundred years old. Some of our big trees were here before Lewis and Clark arrived!
Thinking about cutting down a tree because you’re worried about disease or wind damage? Our local cedar trees are very hardy, with strong resistance to disease and wind. Please keep in mind that all of those big trees enhance your property value, because they're a large part of what makes our Cedars I neighborhood so special.
