Marilyn Drengson, President Meadow Wood Condominium Association 7771 Beacon Place NE Bremerton, WA 98311

First Amendment to DECLARATION OF COVENANTS FOR MEADOW WOOD, A CONDOMINIUM Grantor:

Meadow Wood, A Condominium

Grantee:

Meadow Wood, A Condominium

Abbreviated Legal Description: Ptn. of the East Quarter of the Northwest Quarter of the Northeast Quarter, Section 26, Township 25 North, Range 1 East, W.M., In Kitsap County, Washington Assessor’s Parcel No.:

262501-1-004-2000 (1261643)

Related Documents:

Survey Map and Plans, recorded under Kitsap County Auditor’s file #200603230195 Vol. 7 pp. 99-115 Covenants, Condominium Declaration for Meadow Wood, A Condominium, Auditor’s file #200603230196 Amendment No. 1 to Meadow Wood, A Condominium, Survey Map and Plans, reflecting amended boundaries, recorded under Kitsap County Auditor’s file ____________________________________

FIRST AMENDMENT TO DECLARATION OF COVENANTS FOR MEADOW WOOD, A CONDOMINIUM Pursuant to RCW 64.34 et seq. the Washington Condominium Act, and (i) the vote or consent of Owners holding at least 67% of the votes in the Meadow Wood Condominium Association (“Association”), pursuant to Section 26.2 of the Covenants, Condominium Declaration for Meadow Wood, A Condominium, filed in the Kitsap County Auditor’s Office, file number 200603230196 (“Declaration”), and (ii) there being no Eligible Mortgagees of Units whose consent could be required under the Declaration, the Declaration shall be amended as follows: WHEREAS, the Declaration has previously been filed in the Kitsap County Auditor’s Office, file number 200603230195;

WHEREAS, the Survey Map and Plans have been filed in the Kitsap County Auditor’s Office, file number 200603230195, in Volume 7, Pages 99 through 115 inclusive; WHEREAS, at meetings duly called and held on the dates listed as follows, not less than a majority of the Board of Directors of the Association voted to submit these Amendments to the Declaration to the Owners for their approval: 1) 4/08/2011 & 12/09/2011 – Section 10.3: Rental Ceiling, Effect of Rental Ceiling, Rental Waiting List, and Exception. 2) 12/09/2011 & 03/09/2012: Schedule B and Schedule C. 3) 02/10/2012 – Section 28.1: Form & Delivery of Notice. 4) 03/09/2012 – Section 13.1: Form of Association. 5) 4/13/2012 – Section 13.3.1: Membership; Section 13.3.2: Participation; and Section 13.3.3: Transfer of Membership. 6) 4/13/2012 – Section 15.2: Powers of the Board. WHEREAS, pursuant to Section 26.2.1 Owners holding at least 67% of the votes in the Association, have voted in approval to or consented in writing to amend the Declaration as hereinafter set forth; and WHEREAS, pursuant to Section 26.2.2 at least 75% of Owners of each Unit particularly affected by changes in the boundaries of any Unit, or the Allocated Interests of a Unit, have voted in approval to or consented in writing to amend the Declaration, as hereinafter set forth, and the Survey Map and Plans; and WHEREAS, no notices to or consent of Eligible Mortgagees were required pursuant to Sections 26.2.1 and 26.2.4 of the Declaration, as the Meadow Wood Condominium Association has no Elegible Morgagees at the time of this Amendment. NOW THEREFORE, BE IT RESOLVED: The President and Secretary/Archivist of the Association certify the Declaration to have been amended and duly adopted as follows:

I. Section 10.3 shall be deleted in its entirety and the following language shall be substituted in its place: Section 10.3 Leases. Leases shall have a minimum initial term of six (6) months or as otherwise provided by the rules and regulations of the Association. Any lease or rental agreement must provide that its terms shall be subject in all respects to the provisions of the Declaration and the Bylaws and rules and regulations of the Association and that any failure by the tenant to comply with the terms of such documents, rules, and regulations shall be a default under the lease or rental agreement. If any lease under this Section does not contain the foregoing provisions, such provisions shall nevertheless be deemed to be part of the lease and binding upon the Owner and the tenant by reason of their being stated in this Declaration. All leases and rental agreements shall be in writing. Copies of all leases and rental agreements shall be delivered to the Association before the tenancy commences. Other than as stated in this Section, there is no restriction on the right of any Owner to lease or otherwise rent his Unit. 10.3.1 Rental Ceiling. Except as otherwise provided in this section, the maximum number of non-Owner Occupied Units in the Condominium at any one time shall not exceed five (5) (referred to in the Declaration as the “Rental Ceiling”). The Guest Unit, if any, shall be considered one (1) rental unit and included in the total limit of five (5). 10.3.2 Rental Waiting List. If a resident Owner wishes to rent his or her Unit but is prohibited from doing so because of the Rental Ceiling, the Association may establish a Rental Waiting List and provide rules therefor in its rules and regulations. 10.3.3 Grandfather Clause: Pre-existing Rental Exception. Units that are currently rented or leased as of November , 2011, are exempt from the reduction in the rental ceiling and may continue to be leased/rented until the Owner, or owning entity, decides to sell the unit(s). When the unit is sold or transferred to a new Owner, the exemption will expire. Units with temporary exceptions allowing them to be rented for a limited time are not covered by this grandfather clause. 10.3.4 Exception. Where, on written application from a resident Owner, the Board determines that a hardship exists whereby, due to circumstances beyond the control of the Owner, that Owner would suffer serious harm by virtue of the limitations on renting contained in this section, and/or where the Board further determines that variance from the policy or policies contained therein is fairly in keeping with the purpose to limit investor ownership of Units and would not detrimentally affect the other Owners or the approval of the Condominium for secondary mortgage market financing, lender approval or VA or FHA approval, the Board may, in its discretion, grant an Owner a waiver of the Rental Ceiling for a temporary period to be determined by the Board. A Unit rented under a hardship exception granted by the Board under this Paragraph shall not be counted as a non-Owner occupied Unit for the purpose of determining whether a rental would cause the number of non-Owner occupied Units to exceed the Rental Ceiling. 10.3.5 Resident Owner Restriction. In order to protect the cohousing organizational structure of the community, which is dependent upon voluntary participation in community life, only units owned by resident Owner Members may become rental units. No rental units may be owned by absentee landlords except as permitted under 10.3.3 Grandfather Clause: Pre-existing Rental Exception or 10.3.4 Exception. (Approved 3/24/11 & 11/11/2011)

II. Schedule B shall be deleted in its entirety and the following language shall be substituted in its place: SCHEDULE B MEADOW WOOD, A CONDOMINIUM UNIT DESCRIPTIONS; INTEREST IN COMMON ELEMENTS UNIT

B 101 B 103 B 105 B 107 C 101 C 103 C 105 C 107 D 101 D 103 D 105 D 107 E 101 E 103 E 105 E 107 F 101 F 103 F 105 F 107 G 101 G 103 G 105 G 107 H TOTAL

UNIT AREA (SF) 999 1022 1269 1750 1750 976 1033 1226 1750 976 1033 1226 1750 976 1033 1226 1226 769 835 1750 999 1022 1269 1750 1681

UNIT LEVELS 1 (L) 1 (U) 2 2 2 1 (L) 1 (U) 2 2 1 (L) 1 (U) 2 2 1 (L) 1 (U) 2 2 1 (L) 1 (U) 2 1 (L) 1 (U) 2 2 1

NO. OF BATHROOMS 1.5 1.5 2 3 3 1.5 1.5 2 3 1.5 1.5 2 3 1.5 1.5 2 2 1 1 3 1.5 1.5 2 3 2

NO. OF BEDROOMS 2 2 3 4 4 2 2 3 4 2 2 3 4 2 2 3 3 1 1 4 2 2 3 4 4

31,296

NO. OF FIREPLACES 1 0 1 0 2 0 0 0 2 1 0 0 1 0 0 1 1 0 0 0 1 0 0 1 1

INTEREST IN COMMON ELEMENTS 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1/25 1.0

KEY: (L) = Lower; (U) = Upper NOTE 1: See Schedule C for Common Expense Liability of each Unit and Votes Allocated to each Unit. NOTE 2: No. of Fireplaces column includes all built-in fireplaces. It does not include free-standing wood stoves or gas heaters.

(Approved 3/9/2012)

III. Schedule C shall be deleted in its entirety and the following language shall be substituted in its place:

SCHEDULE C MEADOW WOOD, A CONDOMINIUM COMMON EXPENSE LIABILITY; VOTING UNIT

UNIT AREA (S.F.)

B 101 B 103 B 105 B 107 C 101 C 103 C 105 C 107 D 101 D 103 D 105 D 107 E 101 E 103 E 105 E 107 F 101 F 103 F 105 F 107 G 101 G 103 G 105 G 107 H

999 1022 1269 1750 1750 976 1033 1226 1750 976 1033 1226 1750 976 1033 1226 1226 769 835 1750 999 1022 1269 1750 1681

TOTAL

31,296

COMMON EXPENSE LIABILITY

VOTING

3.19% 3.27% 4.05% 5.59% 5.59% 3.12% 3.30% 3.92% 5.59% 3.12% 3.30% 3.92% 5.59% 3.12% 3.30% 3.92% 3.92% 2.46% 2.67% 5.59% 3.19% 3.27% 4.05% 5.59% 5.37%

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

100.00%

25

NOTE 1: Each Unit will have liability for all Common Expenses based on Unit Area as indicated above or as otherwise specified in the Bylaws. NOTE 2: The Common Expense Liabilities were determined by dividing the square footage of the Unit by the aggregate square footage of all Units. Some Allocated Interests have been rounded so that the aggregated Allocated Interests equal 100. (Approved 3/9/2012)

IV. Section 28.1 shall be deleted in its entirety and the following language shall be substituted in its place: Section 28.1 Form and Delivery of Notice. 28.1.1 Unless provided otherwise in this Declaration, all notices given under the provisions of this Declaration or the Bylaws or rules or regulations of the Association shall be in writing and may be delivered either personally, by mail, or by email. 28.1.2 If delivery is made by mail, the notice shall be deemed to have been delivered upon being deposited in the United States mail, first class, postage prepaid, addressed to the person entitled to such notice at the most recent address known to the Board. 28.1.3 If delivery is made by email, the notice shall be deemed to have been delivered upon proof of mailing as specified in the bylaws. 28.1.4 Notice to the Owner of any Unit shall be sufficient if mailed to the Unit if no other mailing address has been given to the Board. 28.1.5 Mailing addresses may be changed by notice in writing to the Board. 28.1.6 Notices to the Board shall be given to the Declarant until the Transition Date, and thereafter shall be given to the president or secretary of the Association.

(Approved 2/10/12)

V. Section 13.1 shall be deleted in its entirety and the following language shall be substituted in its place: Section 13.1 Form of Association. The Owners’ Association for the Condominium shall be Meadow Wood Condominium Association, a Washington nonprofit corporation. 13.1.1 The Association is a nonprofit corporation, the members of which shall be the Owner Members and Renter Members in the Condominium. 13.1.2 The Bylaws may provide for Associate Members, such as supporters of the Condominium or cohousing. 13.1.3 The Association will be governed by the Board, which will be comprised of Owner and/or Renter Members, providing that a majority are Owner Members, and as specified in the Bylaws. 13.1.4 The rights and duties of the Board and of the Association shall be governed by the provisions of the Condominium Act, the Declaration and the Bylaws. 13.1.5 The Bylaws shall provide for decision making by consensus. (Approved 3/9/2012)

VI. Section 13.3 shall be deleted in its entirety and the following language shall be substituted in its place: Section 13.3 13.3.1

Qualification and Transfer. Membership. (a) Each Owner of a Unit (including the Declarant) shall be an Owner Member of the Association and shall be entitled to one (1) membership for each Unit owned, which membership shall be considered appurtenant to that member's Unit.

(b) Renters of Units who have occupied a Unit for at least ninety (90) days, or who occupy a Unit under a written lease with a term of at least ninety (90) days, shall be Renter Members of the Association. 13.3.2

Participation. (a) Owner Members shall be expected to participate in the management of the affairs of the Association through attendance and participation at Association meetings, and participation on committees created by the Association or by the Board. Hardships or impediments to carrying out this duty are remedied in the Bylaws. (b) Renter Members shall be encouraged to participate in the management of the affairs of the Association through attendance and participation at Association meetings, and participation on committees created by the Association or by the Board. Hardships or impediments to such participation are remedied in the Bylaws. (c) Additional opportunities for Owner and Renter Members to participate exist through service on the Board or by attendance at Board meetings as an observing guest or as an invited presenter. Such participation is sought in the spirit of reaching the aims of consensus decision-making in a cohousing community. 13.3.3 Transfer of Membership. An Owner's membership shall not be transferred in any way except upon the transfer of title to the Unit and then only to the transferee of title to the Unit; provided, that if a Unit has been sold on contract, the contract purchaser shall exercise the rights of the Owner for purposes of the Association, this Declaration, and the Bylaws, except as hereinafter limited, and shall be the voting representative unless otherwise specified. (a) Any attempt to make a prohibited transfer shall be void. (b) Any transfer of title to a Unit shall operate automatically to transfer the membership in the Association to the new Owner. (Adopted 4/13/12)

VII. Section 15.2 shall be deleted in its entirety and the following language shall be substituted in its place: Section 15.2 Powers of the Board. Except as provided in this Declaration, the Bylaws or the Condominium Act, the Board shall at all times act on behalf of the Association. The Board may exercise all powers of the Association, except as otherwise provided in the Condominium Act, Declaration or the Bylaws. 15.2.1 The Association and the Board may create standing or ad hoc committees 15.2.2 Decision making by the Board and by the committees shall be generally by consensus with voting resorted to only as provided in the Bylaws. 15.2.3 It is expected that all Owner Members and Renter Members will actively participate in the management of the Association, through attendance and participation at Association meetings, and participation on committees created by the Association or by the Board, as described in Section 13.3.2. Hardships or impediments to carrying out such participation are remedied in the Bylaws. (Approved 4/13/12)

Dated this _______ day of April, 2012. MEADOW WOOD CONDOMINIUM ASSOCIATION By: ________________________________________ Name: Marilyn Drengson Its: President

NOTARY ACKNOWLEDGEMENT

STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that ___________________________________ signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the authorized member of Meadow Wood Condominium Association, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument.

Dated:_____________________

(Print Name) Residing at My appointment expires:

ATTEST AND CERTIFIED; Said amendment has been properly adopted. Dated this _______ day of April, 2012. MEADOW WOOD CONDOMINIUM ASSOCIATION By: Name: Kay Wilson Its: Secretary/Archivist

NOTARY ACKNOWLEDGEMENT

STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that ___________________________________ signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the authorized member of Meadow Wood Condominium Association, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument.

Dated:_____________________

(Print Name) Residing at My appointment expires:

MWCA Declaration First Amendment - Recorded 2012-04-26.pdf ...

10.3.3 Grandfather Clause: Pre-existing Rental Exception. Units that are ... Page 3 of 9. MWCA Declaration First Amendment - Recorded 2012-04-26.pdf.

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