3.1 Development Period. "Development Period" shall mean that period of time from the date Hof recording this Declaration until the earlier of: (a) sixty days after Declarant has transferred title to the purchasers of Lots representing 75% of the total lots in the Plat (including 

all divisions); (b) two years after the last conveyance of a Lot, except to a Dealer; (c) two years after any right to add new Lots was last exercised; and (d) the date on which Declarant, by written Notice to, all Owners, records an amendment to the Declaration voluntarily surrendering all rights to appoint and remove officers and board members.

 

3.2 Assignment of Declarant Rights. Declarant may, at any time, by recorded instrument (a "Declarant Assignment"), assign and/or delegate all or a portion of its rights and obligations under this Declaration to another Person. The scope of the rights assigned and the liability assumed shall be limited solely to those specified in such Declarant Assignment. The original Declarant shall be deemed released from any obligations which is assumed by a Successor Declarant, and shall not be liable for any act or omission by a successor Declarant.

 

3.3 Expenditures During Development Period. During the Development Period, the Board shall have the sole discretion to use and consume all or so much of the dues paid, and initial capital contributions, as in the Board's judgment is necessary or expedient in maintaining the Common Elements and carrying out the other functions of the Association. Maintenance of Common! Elements include, but are not limited to, (1) replacement of all dead or missing landscaping; (2) irrigation costs and repairs; and (3) costs of repairing damage due to vandalism or other destruction. Other expenditures may include, but are not limited to, any legal fees associated with carrying out any duties during the Development Period, including all costs associated with turning over the Association after the expiration of said Development Period.

 

3.4 Special Declarant Rights. As more particularly provided in this Section, Declarant, for itself and any successor Declarant, has reserved the following Special Declarant Rights, which rights may only be transferred in accordance with RCW 64.90.425;

 

3.4.1 to complete any improvements indicated on the Map, in this Declaration or the Public Offering Statement;

3.4.2 to exercise any development right;

3.4.3 to maintain sales offices, management offices, models, and signs advertising the Subdivision and Lots for sale therein;

3.4.4 to use easements through the Common Elements for the purpose of making improvements within the Subdivision or within real estate that may be added to the Subdivision;

3.4.5 to make the Association subject to a master association;

3.4.6 to merge or consolidate the Subdivision or Association with another common interest community of the same form of ownership;

3.4.7 to appoint or remove any Officer or Board Member of the Association in accordance with Sections 5.2.1, and or to veto or approve a proposed action of the Board or Association;

3.4.8 to control any construction, design review, or aesthetic standards or process;

3.4.9 to attend meetings of the Owners, the Association, and, except during an executive session, the Board; and

3.4.10 to have access to the records of the Association to the same extent as an Owner.

 

3.5 Other Declarant Rights. As more particularly provided in this section, Declarant, for itself and any successor Declarant, has reserved the following Declarant Rights:

 

3.5.1 To subdivide or combine Lots owned by Declarant or convert Lots owned by Declarant into Common Elements. Wherever Declarant exercises a Development Right to subdivide, combine or convert a Lot previously created into additional Lots, Common Elements, or both:

 

3.5.1.1 If Declarant converts the Lot entirely to Common Elements, the amendment to this Declaration must reallocate all the Allocated interests of that lot among the other Lots in accordance with Section 6.15;

 

3.5.1.2 If Declarant subdivides the Lot into two or more Lots, whether or not any part of the Lot is converted into Common Elements, the amendment to this Declaration must reallocate all the Allocated Interests of the Lot among the Lots created by such subdivision in any reasonable and equitable manner prescribed by the Declarant; and

 

3.5.1.3 If Declarant combines two or more Lots, the amendment to this Declaration must reallocate to the new Lot all of the Allocated Interests formerly allocated to the Lots so combined;

 

3.5.2 To add Real Estate or improvements to the Subdivision;

 

3.5.3 To create Lots or Common Elements within Real Estate included or added to the Subdivision;

 

3.5.4 To withdraw Property from the Subdivision subject to the following limitations:

 

3.5.4.1 If all the Property is subject to withdrawal, and this Declaration, or the Map or amendment thereto, does not describe separate portions of Property subject to that right, none of the Property may be withdrawn if a Lot in that portion of the Property is owned by a Person other than the Declarant; and

 

3.5.4.2 If a portion or portions are subject to withdrawal as described in this Declaration, or in the Survey Map or in any amendment thereto, no portion may be withdrawn if a Lot in that portion of the Property is owned by a Person other than the Declarant.

 

 

3.5.5.1 Any Development Right may be exercised with respect to different parcels of Property at different times;

 

3.5.5.2 No assurances are made as to final boundaries of such parcels or as to the order in which those parcels may be subjected to the exercise of each Development Right; and

 

3.5.5.3 Even though a Development Right is exercised in any portion of the Property subject to that right, that right need not be exercised in all or in any other portion of the remainder of that Property.

 

3.5.6 Exercise of Declarant's Right. To exercise any Declarant Right or Special Declarant Right reserved under Section 3.5, the Declarant shall prepare, execute, and record an amendment to this Declaration in accordance with Article 16.

 

3.6 Limitation of Declarant's Rights. It is understood that the total Subdivision shall include Lots not exceeding in number the maximum permitted by law.

 

3.7 Termination of Development Rights. Except as otherwise provided in this Declaration, the foregoing Development Rights and Special Development Rights shall continue so long as the Declarant is completing improvements which are within or may be added to this Subdivision, or the Declarant owns any Lots, or any Special Declarant Rights remain in effect; provided; that Declarant may voluntarily terminate any or all of such Development Rights or Special Development Rights at any time by recording an amendment to this Declaration, which amendment specifies which Right is thereby terminated.