resale disclosure certificate · resale disclosure certificate berrywood condo assn page 1 of 5...

Resale Disclosure CertificateBerrywood Condo Assn

of 5Confirmation # : CW3M73P37

Current Owner: Andrew BillharzProperty Address: 1002 9th Ave SE Unit: A202Puyallup, WA 98372Buyer: TBD TBD Buyer Address: 1002 9th Ave SEPuyallup WA, 98372

Requestor Name: ANDREW BillharzRequestor Phone: 253-266-8843

Date Prepared: 03-11-2018

This document is intended to comply with RCW 64.34, Washington Condominium Act (WCA), Section 64.34.425. It issigned by an authorized agent of the association and based on the books and records of the association and the actualknowledge of the person signing the certificate, containing:

# Question Response

Is there any right of first refusal or other restraint on the free alienability of the unit containedin the declaration?

The Declaration and/or amendments there to by the Association contain no restraint onthe free alienability of any unit, other than restrictions on an owner's right to subdivide acondominium.

Amount of the monthly common expense assessment and any unpaid commonexpense or special assessment currently due and payable from the selling unit owner, and astatement of any special assessments that have been levied against the unit which have notbeen paid even though not yet due?

The monthly assessments are #323.00

The property Assessment is:

The 2018 Ratified Budget is $323.00 Per Month

Current Balance:

The current balance on the account is $69.13 this amount is not adequate for the payoffof the account as it does not include the transfer fees.

Special Assessment Amount:

N/A

Other Fees (explain, if applicable):

Late Fees, Finance Charges, Violation Fines, Post-Closing Setup Fee

Special Assessments that have been levied against the unit which have not been paid eventhough not yet due?

N/A



# Question ResponseCommon expenses and/or special assessments against any unit in the condominium that arepast due over thirty days (current to within 45 days)?

As of 02/28/18, 1 units total $518.01 delinquency over thirty days past due.

Obligations of the association which are past due over thirty days (current to within 45 days)?

There are none

Describe any other fees payable by unit owners?

The Association has late fees, fines and other fees.

Anticipated repair or replacement cost in excess of five percent of the annual budget that hasbeen approved by the Board of Directors?

Board has approved the last phase of the deck railing replacement estimated to costabout $53,000.

The amount of money reserved for repair or replacement is?

183,318.55 as of 3/11/18

If any, what portions of these reserves are currently designated by the association for anyspecified projects?

Board has approved the last phase of the deck railing replacement estimated to costabout $53,000.

The annual financial statement of the association, including the audit report, if it has beenprepared, for the year immediately preceding the current fiscal year is attached.

A balance sheet and a revenue and expense statement of the associationprepared on an accrual basis, which shall be current to within one hundred twenty days isattached. The current operating budget of the association is also attached.

Are there any unsatisfied judgments against the Association?

There are none.

The status of any pending suits or legal proceedings in which the association is a plaintiff ordefendant?

There are none.

A statement describing any insurance coverage provided for the benefit of unit owners?

See Master Policy

Are there any alterations or improvements to the unit or to the limited common elementsassigned thereto that violate any provision of the declaration?



# Question ResponseThe Association is not aware of any violations at this time. (Please note that theAssociation has not inspected the unit nor the limited common elements and makes noguarantee that such violations, in addition to any mentioned below, do not exist or maynot come to light at some future time. the following disclosure refers solely to anyviolations that the Association is aware of at present. Purchasers are advised to maketheir own determinations and, upon receipt of proper legal advise, to obtain whateversecurity they deem advisable from the seller.)

Number of units, if any, still owned by Declarant?

0

Has the declarant transferred control of the association to the unit owners?

Yes

Date the declarant transferred control of the association to the unit owners?

May 20th 2001

Are there any violations of the health or building codes with respect to the unit, the limitedcommon elements assigned thereto, or any other portion of the condominium?

The Association is not aware of any violations at this time. (Please note that theAssociation has not inspected the unit nor the limited common elements and makes noguarantee that such violations, in addition to any mentioned below, do not exist or maynot come to light at some future time. the following disclosure refers solely to anyviolations that the Association is aware of at present. Purchasers are advised to maketheir own determinations and, upon receipt of proper legal advise, to obtain whateversecurity they deem advisable from the seller.) The Association is not aware of anyviolations at this time.

The remaining term of any leasehold estate affecting the condominium and the provisionsgoverning any extension or renewal thereof?

There are no leasehold estate, or extensions or renewals thereof which affect the entirecondominium.

A copy of the declaration, the bylaws, the rules or regulations of the association, theassociation's current reserve study,if any, and any other information reasonably requested by mortgagee of prospective purchasersof units is attached.

If condominium, are the units or common elements covered by a qualified warranty, and isthere a history of claims under such warranty?



# Question ResponseIn accordance with RCW 64.35.210, the units and common elements are not covered by aqualified warranty.

By signing below. I hereby acknowledge that I have received and read the information in this certificate for resale.

_________________________________________ _______________________________Seller's Signature Date Buyer's Signature Date

_________________________________________ _______________________________Seller's Signature Date Buyer's Signature Date

The information above was obtained by the following representative of the project's Homeowners Association

Name: Tiffany WeedTitle: Community Manager

Phone: 253-840-1200Date: 03-11-2018



CommentsBalance is current as of the date shown on the resale certificate and any amounts accumulating after the date this date willbecome the obligation of the purchaser if not paid by the seller. The purchasers are advised to have escrow agent verifystatus of any amounts owing prior to closing.

This certificate was prepared based on the books and records of the Association and the actual knowledge of the personsigning below on behalf of the Association. The unit owner is also obligated to sign this certificate. The unit ownershould verify that the information set forth herein is true to the best of his or her knowledge. If a unit owner has anyadditional information relating to any unit or limited common element question contained in RCW 64.34.425 thatinformation should be disclosed as part of the resale certificate. An owner is not liable to the purchaser for any erroneousinformation provided by the Association and included in the resale certificate unless and to the extent the owner hadactual knowledge thereof.

Annual Financials

Berrywood Condo Assn

Berrywood Condominium AssociationBalance Sheet

Period Through: 12/31/2016

Assets Unrestricted Accounts 1020 - Operating Account AAB $13,641.80 Unrestricted Accounts Total $13,641.80 Restricted Accounts 1220 - Reserve Account AAB $175,135.63 Restricted Accounts Total $175,135.63 AR 2000 - Accounts Receivable $9,911.63 AR Total $9,911.63 Current Asset 2200 - Allowance for Bad Debt ($1,718.00) 2500 - Estimated Tax Deposits $1,373.00 2600 - Prepaid Insurance $3,443.49 2700 - Prepaid Expenses $1,324.25 2851 - Other Receivable - Rental $1,085.47 2900 - Due to/from Operating ($5,000.00) 2950 - Due to/from Reserves $5,000.00 Current Asset Total $5,508.21 Assets Total $204,197.27

Liabilities and Equity Current Liability 3000 - Accounts Payable $8,775.14 3200 - Prepaid Assessments $8,267.73 Current Liability Total $17,042.87 Equity 4000 - Members Equity $76,888.01 4100 - Reserve Fund $187,101.19 Equity Total $263,989.20 Net Income ($76,834.80) Liabilities & Equity Total $204,197.27

Page 1 of 1

2/14/2017

Berrywood Condominium AssociationIncome Statement

1/1/2016 - 12/31/2016

1/1/2016 - 12/31/2016 Year To Date

IncomeIncome5010 - Assessments $157,005.00 $157,005.005015 - ALU - Rental Income $3,165.00 $3,165.005020 - Late Fees $750.00 $750.005030 - Finance Charges $132.93 $132.935040 - Return Item Fee $104.00 $104.005050 - Legal Fees $914.96 $914.965060 - Violation Fine $50.00 $50.005100 - Repair Reimbursement fromMember $1,260.57 $1,260.57

5900 - Interest Income - Operations $12.89 $12.89Total Income $163,395.35 $163,395.35 Other Income8100 - Insurance Claim Reimbursement $12,103.57 $12,103.57Total Other Income $12,103.57 $12,103.57 Total Income $175,498.92 $175,498.92 ExpenseAdministration Expense6150 - Accounting & Audit Fees $2,100.00 $2,100.006200 - Bank Fees $26.00 $26.006350 - Insurance Expense $18,020.17 $18,020.176400 - Legal Fees - General $472.00 $472.006405 - Legal Fees - Collections $598.00 $598.006450 - Management Fees $30,893.76 $30,893.766500 - Office Supplies $1,130.85 $1,130.856550 - License $10.00 $10.006600 - Reserve Study $1,130.00 $1,130.006650 - ALU - Rental Expenses ($1,323.49) ($1,323.49)Total Administration Expense $53,057.29 $53,057.29 Operation Expense7050 - Landscaping $10,912.78 $10,912.787100 - Repairs & Maintenance $14,706.15 $14,706.157305 - Telephone $1,077.77 $1,077.777400 - Water $9,614.71 $9,614.717700 - Sewer $18,797.78 $18,797.787800 - Stormwater $3,030.72 $3,030.727850 - Landfill Fee $174.24 $174.247910 - Fire Alarm Inspection $1,837.92 $1,837.927920 - Fire Alarm Monitoring $2,218.63 $2,218.637930 - Fire Extinguisher Inspection $269.12 $269.127945 - Fire System Repairs $371.96 $371.96Total Operation Expense $63,011.78 $63,011.78 Other Expense9600 - Insurance Claim Expenses $8,463.68 $8,463.68Total Other Expense $8,463.68 $8,463.68 Total Expense $124,532.75 $124,532.75

Page 1 of 2

2/14/2017

Operating Net Income $50,966.17 $50,966.17 Reserve IncomeReserves8500 - Interest Income - Reserves $490.19 $490.19Total Reserves $490.19 $490.19 Total Reserve Income $490.19 $490.19 Reserve ExpenseReserves9000 - Reserve Allocation $60,000.00 $60,000.009500 - Reserve Projects $68,291.16 $68,291.16Total Reserves $128,291.16 $128,291.16 Total Reserve Expense $128,291.16 $128,291.16 Reserve Net Income ($127,800.97) ($127,800.97) Net Income ($76,834.80) ($76,834.80)


1/1/2016 - 12/31/2016

1/1/2016 - 12/31/2016 Year To Date

Page 2 of 2

2/14/2017



Assets Unrestricted Accounts 1020 - Operating Account AAB $15,895.46 Unrestricted Accounts Total $15,895.46 Restricted Accounts 1220 - Reserve Account AAB $187,936.60 Restricted Accounts Total $187,936.60 AR 2000 - Accounts Receivable $8,245.52 AR Total $8,245.52 Current Asset 2200 - Allowance for Bad Debt ($1,718.00) 2500 - Estimated Tax Deposits $1,860.00 2600 - Prepaid Insurance $3,443.49 2850 - Property Management Retainer ($1,092.23) 2851 - Other Receivable - Rental $1,814.96 Current Asset Total $4,308.22 Assets Total $216,385.80

Liabilities and Equity Current Liability 3000 - Accounts Payable $5,854.08 3200 - Prepaid Assessments $6,650.28 3350 - Deferred Income - Ins Claim $58,562.16 Current Liability Total $71,066.52 Equity 4000 - Members Equity $64,097.80 4100 - Reserve Fund $155,420.30 4200 - Prior Period Adjustment $562.37 Equity Total $220,080.47 Net Income ($74,761.19) Liabilities & Equity Total $216,385.80

Page 1 of 1

7/24/2016


1/1/2015 - 12/31/2015

1/1/2015 - 12/31/2015 Year To Date

IncomeIncome5010 - Assessments $149,628.60 $149,628.605015 - ALU - Rental Income $12,386.49 $12,386.495020 - Late Fees $725.00 $725.005030 - Finance Charges $22.70 $22.705040 - Return Item Fee $150.00 $150.005060 - Violation Fine $100.00 $100.005900 - Interest Income - Operations $45.79 $45.79Total Income $163,058.58 $163,058.58 Other Income8100 - Insurance Claim Reimbursement $21,197.08 $21,197.08Total Other Income $21,197.08 $21,197.08 Total Income $184,255.66 $184,255.66 ExpenseAdministration Expense6150 - Accounting & Audit Fees $2,100.00 $2,100.006200 - Bank Fees $32.00 $32.006350 - Insurance Expense $16,161.87 $16,161.876370 - FHA Certification $1,000.00 $1,000.006450 - Management Fees $25,297.30 $25,297.306500 - Office Supplies $593.07 $593.076550 - License $10.00 $10.006600 - Reserve Study $1,032.00 $1,032.006650 - ALU - Rental Expenses $7,325.79 $7,325.79Total Administration Expense $53,552.03 $53,552.03 Operation Expense7050 - Landscaping $12,945.44 $12,945.447100 - Repairs & Maintenance $8,223.17 $8,223.177305 - Telephone $3,916.58 $3,916.587400 - Water $8,530.04 $8,530.047700 - Sewer $15,854.09 $15,854.097800 - Stormwater $2,957.24 $2,957.247850 - Landfill Fee $174.24 $174.247910 - Fire Alarm Inspection $50.00 $50.007920 - Fire Alarm Monitoring $5,297.00 $5,297.007930 - Fire Extinguisher Inspection $1,041.87 $1,041.877945 - Fire System Repairs $880.50 $880.50Total Operation Expense $59,870.17 $59,870.17 Other Expense9600 - Insurance Claim Expenses $84,759.24 $84,759.24Total Other Expense $84,759.24 $84,759.24 Total Expense $198,181.44 $198,181.44 Operating Net Income ($13,925.78) ($13,925.78)

Page 1 of 2

7/24/2016

Reserve IncomeReserves8500 - Interest Income - Reserves $499.53 $499.53Total Reserves $499.53 $499.53 Total Reserve Income $499.53 $499.53 Reserve ExpenseReserves9000 - Reserve Allocation $53,425.32 $53,425.329500 - Reserve Projects $7,909.62 $7,909.62Total Reserves $61,334.94 $61,334.94 Total Reserve Expense $61,334.94 $61,334.94 Reserve Net Income ($60,835.41) ($60,835.41) Net Income ($74,761.19) ($74,761.19)


1/1/2015 - 12/31/2015

1/1/2015 - 12/31/2015 Year To Date

Page 2 of 2

7/24/2016

Annual Meeting Minutes


Berrywood Condom in ium Agqociationpo Box 73173s Redacted Draf tPuyallup, WA 98373

253 840-1 200

Annual Meeting MinutesAugust 17,2017 6:00pmPuyallup High School- 105 7th St. SW Puyallup, WA 98371

ln Attendance:E. Fredrick - President, C. Midgen - TreasurerT. Weed - Association Services, A. Knudtson - Acting Secretary

10 owners, S Proxies

Quorum Present: YES

Meeting called to order at 6:07Pm

Old Business:. Registration of Members. Proof of Quorum - Yes. Proof of Notice. Review & Approved 2016 Budget Ratification Meeting Minutes

New Business:. Presidents Report

' o"'l -Ë'il:3s:ffiff$ totar cost $53,4e5 51

. Phase 3 scheduled for Jan. - Feb. 2018o Pest Control- 35 wasps nest removedo Exterior Stairs Evaluated - 9 stain¡vell had repairs doneo Amendment update pending approval by 4 unitsr Gutter update - F building cleaned, vendor notified us the gutters are resident size for

a commercial size roofs, obtaining bids to see the potential costs of changing theseout.

o Dryer Vent Cleaning done - will be an annual event. Fire Extinguishers to be inspected on 8118117

. Retention pond clean out on schedule with landscaper¡ Landscape bids being obtained

. Treasures Reporte Reviewed budget comparison report for 01101116'12131116

. Elections. We only had 1-member volunteer for the board of directors, below member was duly

erecled bvpl?::i':r"' bersh i p'

There being no further business, the meeting was adjourned at 7:03pm. Open Forum

. Safety concerns about kids playing in the parking lot and being noisy until 9:00pmo Postcards regarding child safety

' unit I Dead rree bY fence

President Secretary

Architectural Guidelines


This document is currently either not available or not applicable for thisassociation.

****REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.****

Articles of Incorporation


tILEDSECRETARY OP sTATE

%Q 33 '-RTICLESOF1YcORPORATION JUL 9 2001

OFSTATE OF WASHNTON

SICRRYWOOD CONDOMIYRJM ASSOCIATION

WILLIAM RILEY, for the putose of forming a nonprofit corporationunder Chapter 24.03of the Revised Code of Washington, adopts the fol1owng Articles of Incorporation:

ARTiCLE I

The name of the corporation shall be BERRYWOOD CONDO1UM ASSOCIATIOKhereinafter ztfesd to astb "Associaot"

ARTICLE11

DURATION

The period ofduration. of the Association shall be perpetuaL

ARTIaE UI

PURPOSES

The Association 1i otganized exclusively as a homeowneñ association within the meaningof Section 528 of the Internal Revenue Code of 1986 (or the corresponding provision of any fttireU.S. Internal Revenue law). This Aasociaticn dors not contemplate peouniry gain or profit to itsmembers.

The specific purposes, for whicix this Association is foied are to provide for maintenance,preservation, rand archltectunl contol of tic buildings, rOuns and Common Elements of certainpropety th Pierce County, Washington, (tha 'Property'), commonly referred to as BERRY WOODCONDOM1NILMS.

The Pmpcrty is subject to a Condominiwn DecIarion (the 'ThaThraon") which wasrecorded under Pierce County Ai4lt&s No2$IpflP1Uch authorizes the formation of theAssociation. The Property !s referred to in die Declaration.as BERRYWOOD, A CONDOMINIUM.The Association shall promote the health, safety, and welThre of tile resident within the Propertyall In. accordace. with the pro visiona of the Declaration.

Articles of IncorporationPage 1 of 5

EO/Ei 3d I NI ASlId TIlE jqT TnO7/C7t}I

ARTICLE IV

POtRS

Without iimltin the foregoing, the Association shall have the ezithotity to exercise anypowers conferred by tha Declaration, 3yIaw, or the Washington Condominium Act, Chapter 64,34RCW, as curently enacted or hereafter amended or superseded; exenise all otherpowers that maybe exercised in this statefor the same type ofcorporathn as the Association: and, exercise any otherpowers necessary and proper for tile govemance and operation of the Association.

ARTICLEV-

DrssJLJrrJpN

The MsuciaLion may be dssoIved with the vonsein given in writing and signedby not less than one hundred percent (100%) of the Assoctatiorfs members. In the event of suchdissolution, thesi, union rncrnbtrs of the Aasoviafioa having at ltsL one hundred percent (200%) ofthe total votes in the Aswciatjon elect to sell the assets of the Association as prescribed in. the-- Washinaton Cnndnn,nft,m Act, Chapter 64.34 RCW, the assets of tile / ocition thail bc ownedby all zneznbers of the Association as tenants incomnon aocordin to their percentages ofundMdedInterest in Common Elements and facilities, as set forth in the Declaration.

ARTICLE VI

RG1SWp C FIçJD AtEflThe address oft Initial registered omee of the Association is: 850 39a Ave., &W., Puyallup, WA98373, The name of tile registorod agont at thetaddre5s is Willlam.Rlley.

ARTICLE VU

MANAr.FJVJRNT

The affairs of the Association shall be mnged by a Board olDfrectors, The right to make.alter, or repeal the Bylaws of the Association is reserved exclusively to the members of theAssociation as set forth in the Bylaws.

Articles of IncorporationAtAwae, Page 2 of 5

8O/ tvd I W9.L A31I TilE LUET iO/Et/Lo

ARTICLE VIII

D1BECTORS

The number of Directors constitutng the initial i3oard of Directors otthe Msooiatio is three(3), and the namas an4 addresses of the persocs wbo axe to serve as Directors until the Ersl annualmeeting of thc me!nbers or uztfl th& essur xe elected end qualffied are as ilows:

WILLIAM RILEY850 29th Avenue, S.W.Puyaflup, WA P8373

itty Flansburg1222 l3thSteetS.W.Puyallup, WA 9 S37 I

Richard Irwin315 39a Street SbW.

Pttynllup, WA 98373

The number, quailficatiots; tetms of oftce, manner of e1eotion time and place of meetings,and powers and duties of the Directors shalt be prescribed. it. theBylaws

AITICLE XX

LiMITATION ORDXRECTOR LIABILItY

A Director othe Assocladcn shall not be personaliy liable to the Association or its membersfor conetaiy damages for canduct as a Director, except for liability olthe Director: (1) br acts orombsions which involve thtcntioaal suicvaduct by the Director or a b'own violation oflaw by theDiractot; or, (ii) for any transaction from which the Director will personally receive a benefit inmoney, rrapertL or seMce to which the Dira4toc is not logally ottitled, If the WlisistuuNcnprot Corporation Act is amended to authorize corporate aeons tIxrther elMtflfng or limitingthe personal liability of Dfreetors then the liability cia Director of the Asqcthtion shnil beet3inted or 1imtezI to the fullest extent permitted by the Washington Nonprofit Corporation Act,as so amended. Any repeal or modification of the foregoing paaph by the members of theAssociation shall not adversely affect any right or pro tection of a Dfrectr of the Asgoclation existingat the tine of such repeal or modification.

Articles of IncorporationPage 3 of S

So/@ 3EYtd i NP?! A31I 1112 LPSEO8E9Z Lt:et t3/E/L@

ARTICLE X

rrmEMNtFICATInILOFIMRECTORS & omcERsThe Mao4atio shall indernni& its Directors and Othcers against all liability, damage, andexpenses arising ñom or in connection with services as Directors S Officers of this Associationto the ma,dnmrn extent and under all cirumstsnces pcxaiiued by law,

ARTICLE Yl

INCORPORAIQE,

The name and address of the incorporator is WILLIAM RiLEY, 840 B9 Avenue, S.W.Pu.yaUup, WA 98373.

ARTICLE XII

EAGSNo part of the xet snnings of to øoxporntion shall inui Lu ihe beneflt of any membcr orother individual other titan by acqáin& cnst'uctinz, or providing maiingement. maintenance, andcare of Associaiion property, and other than by a rebate of eiceeao rncUIbGEShIp dues, fees, orassessments.

ARTICLE XIII

MEMBflS

Eveiy Owner of TJx,jt shall be a member of this Msociatla Membership shall beappwtenant to and way not be separated from ownership of any Unit which is subject to assessment.Natural persons. partnerships, corpvradorts, tru.Ita, or other kwful busijiess ent1tis nay own orhave an ownership interest In. a Unit

ARTICL1E XIV

These Articles may be amended only with the written approval of owners who representsixty-seven (67%) percent of the total allocated votes in the Associalion,

Articles of tncoxpotatienPage 4 of S

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ARTICLE XV

tERMS

The tenDs tsed b thv Articles of Incorporation shall have the same meaning as in theDecI2ntion.

If any provIsion of this Dectraüon ot its application to any person a oiruznsrance is heldinvalid, the rernathder of tile Deciaratio; or tile application cit the provi2ions to other persons orcircuingtaiices is not affected.

STATE OF WASIGTON)

COUNTY OF PIERCE) ss,

)

flLIAM RILEY

I, THE UNDERSIGNED, a Notaiy Public in and for the State ofWasbintôn, do herebycertify ton thJsj4j4ay ofM 2001, personally appeared flLIAM PILE? to mt Iqiownto be the wit& named htdMduai, and athnowledged the within and tegoing instrument to be thefree and voiunty tot end*i r the uses and purposes therein contained, and on oath states thathe is authorized to executt said instrument and that the seal affixed is the corpoxate zeal of saidcorporation.

IN WITNESSin this certiftcate

= 't

hereunto set my hand md ifflcial seal, the day and year

-_n 7)4_.-cSPof

Wasbington rc3iding tI.91 SW L.Myooummissfonexpires: 9-.v-—

Ankle; of IncorporationtDATAt'8tW1Bo&Aga4 tbectx Page 5 of 5

8O/L 3d ii N3± A311M TIlE LtE8E Lt21 tf2a,'E3/L2

[4 WITNESS WHEREOF,411ayofMay2OO1, the underMgzied have caused this Declaradon to be executed thIs

4,

Board Meeting Minutes


Berrywood C ondominium AssociationPO Box 731733. Puyallup, WA 98373-001_8

Phone: (253) 840-1200 Fax: (253) 770-8332

Action Taken Without A Meeting

2-21-18

Whereas the Berrywood Condominium Association has Declarations, Bylaws, and,

Whereas the Bylaws Article 6 Section 4. authorizes the Directors to take action without ameeting by the unanimous written approval,

Now therefore, Be lt Resolved that the following actions are taken without a meeting

A. The Board of Directors approved to cancelthe due to due from in the amount of$10,000.00.

These actions are taken by unanimous consent of the Board of Directors.

Date

ZMBoard Member 1 Date:2/2r/201,8

Berrywood Condominium AssociationPO Box 731733

Puyalþ, V/A 98373-0018(2s3) 840-1200

DRAFT

Budget Ratification Meeting MinutesNovember 2nd, 2017 7:30pmKalles Jr. High

ln Attendance:E. FredrickT. Weed - Association ServicesC. Padin-Armijo

7 Homeowner Present5 Proxy

Quorum Present: Yes

Meeting called to order at 7:35pm

Old Business:. Proof of Quorum - Yes. Proof of Mailing. lntroduction of Board Members. 2017 Annual Meeting Minutes were reviewed and approved

New Business:. Treasures Report Read

o 2017 Financial Review. 2Q18 Budget Overviewo 2018 Budget Approved and Ratified

. Open Forumo Deck Railing Replacement Phase 3 to be completed Jan-Feb 2018o Amendment Passed and recorded with Pierce Countyo Resolution regarding water hoses in units discussed as a way to show the insurance

companies the association is moving fonruard this should help reduce cost of insuranceo Gutter Cleaning and the size of the gutters discussed and identified as the cause of the

water overflow.

There being no further business, the meeting was adjourned at 8:l1pm

President Tiffany Weed - Acting Secretary

Berrywood Gondominium AssociationPO Box 731733

Puyallup, WA 98373253 840-1200

Board Meeting MinutesSeptember 28,20172:00pmAssociation Services

ln Attendance:E. FredrickT. Qualls - Association Services

Quorum Present: YES


Old Business:

. Board reviewed and approved previous meeting minutes

New Business:. Board of Directors reviewed an unanimously approve the reserve study for the 2018 fiscal

year. Board discussed the need for a resolution on the inspection of the water hoses in the units of

the association in an effort to help reduce the insurance costs, CAU would like to see aresolution to help reduce the amount of insurance claims to coincide with the recentamendment

. Board approved to open a debit card with a starting balance of $300.00, the first purchase ofthe supplies to put unit address on the stainryells has also been approved.

. Trees that were installed earlier this year have all died, board would like current landscaperPrograss to replace the dead trees at no cost

. Board approved invoice for the retention pond clean out by Prograss

. Board is concerned about the workmanship of the current landscaper and have requestedbids for other vendors, if Prograss does not improve Board approved to sign new contract withBlueSky.

. Several owners have started to install unit numbers on the stairwell railings Board approved topurchase the supplies and install the unit number on the stainruell railings for the upper units.

, 2018 budget was discussed and approved at a 1o/o increase to bring the dues to $323.00 permonth. Budget will include Pest Control and Condo Care

. Board approved to begin the process to reapply for FHA approval for the association

. Board expressed concerns about the current conditions of the mailboxes and requested bidsto be collected as it is an upcoming project on the Reserve Study.

. Board discussed the structural engineering visit and is expecting the results of the inspectionthe week of 10123117

. Board approvedo Annual Fire Alarm testing to be completed by Fire Systems West on 1117117

. Gutter Cleaning invoice for the F Building

There being no further business, the meeting was adjourned at 3:05pm

President Tiffany Weed - Acting Secretary

Berrywood Condomin ium AssociationPO Box 731733

Puyallup, WA 98373253 840-1 240

Annual Meeting MinutesAugust 17,2017 6:00pmPuyallup High School- 105 7th St. SW Puyallup, WA 98371

ln Attendance:E. Fredrick - President, C. Midgen - TreasurerT. Weed - Association Services, A. Knudtson - Acting Secretary

10 owners, 5 Proxies

Quorum Present: YES


Old Business:. Registration of Members. Proof of Quorum - Yes. Proof of Notice. Review & Approved 2016 Budget Ratification Meeting Minutes

New Business:. Presidents Report

' o"'l -3'il:3s:ffi[ï$ totar cost $53,4e5 51

. Phase 3 scheduled for Jan. - Feb. 2018¡ Pest Control - 35 wasps nest removedr Exterior Stairs Evaluated - 9 stairwell had repairs doneo Amendment update pending approval by 4 unitsr Gutter update - F building cleaned, vendor notified us the gutters are resident size for

a commercial size roofs, obtaining bids to see the potential costs of changing theseout.

r Dryer Vent Cleaning done - will be an annual event. Fire Extinguishers to be inspected on 8118117r Retention pond clean out on schedule with landscapero Landscape bids being obtained

. Treasures Repodo Reviewed budget comparison report for 01101116-12131116

. Electionso We only had 1-member volunteer for the board of directors, below member was duly

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bers h i p

There being no further business, the meeting was adjourned at 7:03pm. Open Forum

Safety concerns about kids playing in the parking lot and being noisy until 9:00pma

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Postcardsunitff regarding child safety

dent

Tree by fence

Secretary


Puyallup, WA 98373253 840-1200

Board Meeting MinutesAprilTth 20179:00amAssociation Services

ln Attendance:E. FredrickC. LucasC. MidgenT. Qualls - Association Services

Quorum Present: YES

Meeting called to order at 9:00am

Old Business:

. Board reviewed and approved previous meeting minutes. Approved bid from McLeod for the Phase 2 deck railing replacements for g4B,B99 plus tax. Board approved the Mcleod invoice#170019-1 for the Phase 2 deck railing replacements tobe paid out of the reserve account.

New Business:. Board of Directors reviewed an unanimously approve the Sixth Amendment of the

Condominium Declaration. Dryer Vent Solutions bid estimate #1942 approved by the board to also include unit

inspections and dryer cleaning.. Prograss bid approved to remove all 4 noble fir trees in the association and install new Hinoki

Cypress trees in the same locations. Board of Directors also approved Prograss bid to have the annual turf spaying done to help

with Crain Flies and Spring nuisances. Exterior stainruay steps have been reported to be moving so the board approved to have the

steps reviewed by a vendor to ensure stability bids to come.. Reports of a dog from the adjacent apartment complex leaving waste on the associationsproperty, Board would like a letter to the apartment complex manager to see if action would betaken.

There being no further business, the meeting was adjourned at 10:05am

President Tiffany Qualls - Acting Secretary


Puyallup, WA 98373-001I(2s3) 840-1200

Approved

Budget Ratification Meeting MinutesDecember 8th, 2016 6:00pmKalles Jr. High

ln Attendance:E. FredrickC. LucasC. MídgenT. Qualls - Association Services

9 Homeowner Present1 Proxy

Quorum Present: NO

Meeting called to order at 6:1lpm

Old Business:¡ Proof of Quorum - NOo Proof of Mailing. lntroduction of Board Members. 2015 Annual & Budget Ratification Meeting Minutes were read

New Business:¡ Treasures Report Read

c 2016 Financial Review. 2017 Budget Overview. 2017 Budget Approved and Ratified

. Amending Governing Documentso Changing insurance responsibility to help lower the insurance cost for the COA

There being no further business, the meeting was adjourned at 7:04pm

T - Acting Secretary

Berrywood Condominium Association ApprovedPO Box 731733

Puyallup, WA 98373253 840-1200

Board Meeting MinutesNovember 4,2016{0:00amAssociation Services

ln Attendance:E. FredrickD. CouplesC. MidgenT. Qualls - Association Services

Quorum Present: YES

Meeting called to order at 10:05am

Old Business:

a Board reviewed and aPProvedo Previous meeting minuteso Bid from McLeod construction to begin scheduling Phase 2 of the deck railing

replacements.o Ciedit Contract with Rotor Rooter for the work on unit 8102 and 8202.

New Business:. Board of Directors reviewed and approved the proposed but with an increase of 10%

. Updated was provided on insurance claim for C101

. Outstanding Projects reviewed¡ Fire alarm box locks - obtaining bidso Sprinkler Timers - irrigation is running too long

. Board of Directors requested the budget presentation for the meeting to include a breakdown

of the way the management invoice.. Budget Ratification Meeting scheduled for December 8th 2016 at 6:00pm

There being no further business, the meeting was adjourned at 1l:06pm

dent alls - Acting Secretary

Berrywood Gondominium AssociationPO 8ox731733

Puyallup, WA 98373253 840- 1200

Board Meeting MinutesAugust 1Oth, 2016I l:00amConnie Lucas Residence

ln Attendance:E. FredrickC. LucasC. MidgenT. Qualls - Association ServicesA. Knudtson - Association Services

Quorum Present: YES

Meeting called to order at l1:06am

Old Business:

. Board reviewed and approved previous meeting minutes

New Business:. Board of Directors aPProved

Waive lateACC applicationFire Systems West Bid and Invoice for the fire alarm systems and electrical

upgrade as a reserve expense.. Board elected to sign towing contract with Lucky towing. Board of Directors ieviewed and approved bid from ProGrass to replace 4 noble fir

trees throughout the community as they are too large for the area.. Board of Directors reviewed tree root damage and approved to send one final letter to

Stillwater Apts. regarding the tree roots that are damaging Berrywood common

elements. Board ãlso approved ProGrass bid to cut the roots if Stillwater does not take

care of the issue within 10 daYs.. Garage Sales will be allowed in the community, all signage must be removed within 24

hourJand signage must direct people to park on the street not within the community.. Aeration between buildings approved with ProGrass to help alleviate the standing

water in the area.. Board of Directors reviewed perimeter fencing issue along building H, the growing

trees are causing the fence boards to bow, however at this time the board has elected

to table this issue indefinitely as we do not have the funds to make non-essential

repair.. Berrywood is due for Fire Alarm lnspections. Board approved to obtain bid from Fire

Systems West for work on a Saturday.. Board of Directors approved for Management to obtain bids for Dryer Vent Cleaning

and Cutter Cleaning.

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Board of Directors approved for management to obtain bids for the unit inspections ofwater hoses.Limited Common Elements were reviewed and Board will include in the nextcommunity newsletter that owners are responsible for such Limited CommonElements

. Skylights

. CrawlspacesBoard of Directors discussed the increased amount of garbage in the area andappreciate the members who are picking up the trash and approved to send notices toanyone found littering in the community.Leak found in C101

o Board approved to contact Attorney to review situation. ServPro approved to mitigate water immediately

Board of Directors approved to begin the process of Amending the GoverningDocuments.

o We must change the insurance process as Berrywood has already beendropped from CAU for insurance and is listed as high risk due to the increasedinsurance claims.

Board of Directors approved newsletter to be sent to the community owners andresidences regarding the following issues.

o No Littering. Dog Feceso Ownership of Exterior Building Areaso Preventing Water Leaks and lnsurance Claims. What to do before owners go on vacation.

There being no further busin ess, the meeting was adjourned at 12:45pm

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President alls - Acting Secretary

Budget


2018 Ratified BudgetBerrywood

Year: 2018

5010 - Assessments 174,420.00 1% Increase to $323.00 Per Month Per Unit

6150 - Accounting & Audit Fees 2,300.00

6250 - Bad Debt 500.00

6350 - Insurance Expense 19,000.00

6400 - Legal Fees - General 1,000.00

6405 - Legal Fees - Collections 500.00

6450 - Management Fees 25,200.00

6500 - Office Supplies 400.00

6510 - Storage 216.00

6520 - Postage 70.00

6550 - License 10.00

6600 - Reserve Study 1,130.00

7050 - Landscaping 9,500.00

7100 - Repairs & Maintenance 1,000.00

7155 - Condo Care 2,000.00

7160 - Pest Control 2,000.00

7400 - Water 12,500.00

7700 - Sewer 23,000.00

7800 - Stormwater 3,210.00

7850 - Landfill Fee 175.00

7910 - Fire Alarm Inspection 1,850.00

7920 - Fire Alarm Monitoring 1,680.00

7930 - Fire Extinguisher Inspection 400.00

9000 - Reserve Allocation 66,779.00

Income Accounts Total: $174,420.00

Expense Accounts Total: $174,420.00

Difference: $0.00

Prepared by: Nathan Rupcich Date: 10/17/2017

Assessment and Reserve Funding Disclosure Summary

Berrywood, Puyallup

For Fiscal Year Beginning: 1/1/2018 # of units: 45

1) Budgeted Amounts: Total Average Per Unit*Reserve Contributions: $5,565.00 $123.67

Total Assessment Income: $14,535.00 $323.00 per: Month

Recommended Amounts: Total Average Per Unit*Reserve Contributions: $6,910.00 $153.56 per: Month

Special Assessment: $0.00 $0.00 # years: 0

Funding Plan Objective: Full Funding

2) Additional assessments that have already been scheduled to be imposed or charged, regardless of the purpose, if theyhave been approved by the board and/or members:

Due Date Total Amount Per Unit* PurposeTotal: $0.00

3) Based on the most recent Reserve Study and other information available to the Board of Directors, at this point in timedoes it appear that currently projected Reserve account balances will be sufficient at the end of each year to meet theassociation's obligation for repair and/or replacement of major components during the next 30 years? Yes

4) If the answer to #3 is no, what additional assessments or other contributions/loans to Reserves would be necessary toensure that sufficient Reserve Funds will be available each year during the next 30 years?

Approximate Fiscal Year AssessmentWill Be Due

Average Total Amount Per Unit*

Total: $0.00

5) All major components appropriate for Reserve Funding (components that are a common area maintenance responsibilitywith a limited life expectancy and predictable remaining useful life, above a minimum threshold cost of significance) areincluded in this Reserve Funding Plan: Yes

6) All computations/disclosures are based on the fiscal year start date of: 1/1/2018Fully Funded Balance (based on RCW 64.34.020(24) or RCW64.38.010(9)):

$691,784

Projected Reserve Fund Balance: $176,765Percent Funded: 25.6 %Reserve Deficit (surplus) on a mathematical avg-per-unit* basis: $11,445From the 4/25/2017 Reserve Study by Association Reserves and any minor changes since that date.

* If assessments vary by the size or type of unit, allocate per unit per the attached.

7) See attached 30-yr Summary Table, showing the projected Reserve Funding Plan, Reserve Balance, Percent Funded,and assumptions for interest and inflation.

The financial representations at the time of preparation are based on the Reserve Study for the fiscal year shown at thetop of this page and the best estimates of the preparer. These estimates should be expected to change from year toyear. Some information on this form has been provided to Association Reserves, and has not been independentlyverified.

Association Reserves www.ReserveStudy.com1

11641-430-Year Reserve Plan as Recommended by Reserve Study Provider

Fiscal Year Start: 1/1/2018 Interest: 1.00 % Inflation: 3.00 %

Reserve Fund Strength Calculations: (All values of FiscalYear Start Date)

Projected Reserve Balance Changes

%Increase

Starting Fully Special In Annual Loan orReserve Funded Percent Assmt Reserve Reserve Special Interest Reserve

Year Balance Balance Funded Risk Contribs. Contribs. Assmts Income Expenses

2018 $176,765 $691,784 25.6 % High 38.20 % $82,920 $0 $1,548 $128,350

2019 $132,883 $636,077 20.9 % High 3.00 % $85,408 $0 $1,764 $0

2020 $220,054 $712,571 30.9 % Medium 3.00 % $87,970 $0 $2,653 $0

2021 $310,676 $793,083 39.2 % Medium 3.00 % $90,609 $0 $3,214 $72,120

2022 $332,379 $803,501 41.4 % Medium 3.00 % $93,327 $0 $3,808 $0

2023 $429,514 $890,342 48.2 % Medium 3.00 % $96,127 $0 $4,725 $14,549

2024 $515,817 $966,685 53.4 % Medium 3.00 % $99,011 $0 $5,287 $78,151

2025 $541,964 $981,747 55.2 % Medium 3.00 % $101,981 $0 $5,957 $0

2026 $649,902 $1,079,752 60.2 % Medium 3.00 % $105,041 $0 $5,241 $361,346

2027 $398,838 $810,568 49.2 % Medium 3.00 % $108,192 $0 $3,138 $281,048

2028 $229,120 $618,134 37.1 % Medium 3.00 % $111,438 $0 $2,777 $16,866

2029 $326,468 $694,216 47.0 % Medium 3.00 % $114,781 $0 $3,856 $0

2030 $445,105 $792,200 56.2 % Medium 3.00 % $118,224 $0 $4,615 $89,609

2031 $478,335 $803,140 59.6 % Medium 3.00 % $121,771 $0 $5,398 $3,818

2032 $601,686 $905,158 66.5 % Medium 3.00 % $125,424 $0 $6,675 $0

2033 $733,784 $1,016,625 72.2 % Low 3.00 % $129,187 $0 $7,355 $132,427

2034 $737,899 $997,565 74.0 % Low 3.00 % $133,062 $0 $8,081 $0

2035 $879,042 $1,116,938 78.7 % Low 3.00 % $137,054 $0 $9,519 $0

2036 $1,025,616 $1,242,576 82.5 % Low 3.00 % $141,166 $0 $10,398 $122,235

2037 $1,054,945 $1,248,845 84.5 % Low 3.00 % $145,401 $0 $11,328 $0

2038 $1,211,674 $1,384,051 87.5 % Low 3.00 % $149,763 $0 $12,811 $22,667

2039 $1,351,581 $1,502,899 89.9 % Low 3.00 % $154,256 $0 $14,295 $11,534

2040 $1,508,598 $1,639,799 92.0 % Low 3.00 % $158,883 $0 $15,953 $0

2041 $1,683,434 $1,795,797 93.7 % Low 3.00 % $163,650 $0 $17,141 $118,020

2042 $1,746,204 $1,838,118 95.0 % Low 3.00 % $168,559 $0 $17,679 $141,381

2043 $1,791,062 $1,860,947 96.2 % Low 3.00 % $173,616 $0 $18,733 $26,277

2044 $1,957,134 $2,006,418 97.5 % Low 3.00 % $178,825 $0 $20,531 $5,607

2045 $2,150,883 $2,181,043 98.6 % Low 3.00 % $184,189 $0 $22,464 $13,772

2046 $2,343,764 $2,356,104 99.5 % Low 3.00 % $189,715 $0 $24,468 $5,949

2047 $2,551,998 $2,548,190 100.1 % Low 3.00 % $195,406 $0 $26,619 $0


11641-430-Year Reserve Plan at Budgeted 2018 rate by Board of Directors




%Increase



2018 $176,765 $691,784 25.6 % High 11.30 % $66,780 $0 $1,467 $128,350

2019 $116,662 $636,077 18.3 % High 3.00 % $68,783 $0 $1,517 $0

2020 $186,962 $712,571 26.2 % High 3.00 % $70,847 $0 $2,234 $0

2021 $260,043 $793,083 32.8 % Medium 3.00 % $72,972 $0 $2,617 $72,120

2022 $263,512 $803,501 32.8 % Medium 3.00 % $75,161 $0 $3,025 $0

2023 $341,699 $890,342 38.4 % Medium 3.00 % $77,416 $0 $3,748 $14,549

2024 $408,315 $966,685 42.2 % Medium 3.00 % $79,739 $0 $4,110 $78,151

2025 $414,012 $981,747 42.2 % Medium 3.00 % $82,131 $0 $4,572 $0

2026 $500,715 $1,079,752 46.4 % Medium 3.00 % $84,595 $0 $3,640 $361,346

2027 $227,604 $810,568 28.1 % High 3.00 % $87,133 $0 $1,312 $281,048

2028 $35,001 $618,134 5.7 % High 3.00 % $89,747 $0 $718 $16,866

2029 $108,599 $694,216 15.6 % High 3.00 % $92,439 $0 $1,555 $0

2030 $202,594 $792,200 25.6 % High 3.00 % $95,212 $0 $2,063 $89,609

2031 $210,260 $803,140 26.2 % High 3.00 % $98,069 $0 $2,586 $3,818

2032 $307,097 $905,158 33.9 % Medium 3.00 % $101,011 $0 $3,592 $0

2033 $411,700 $1,016,625 40.5 % Medium 3.00 % $104,041 $0 $3,993 $132,427

2034 $387,307 $997,565 38.8 % Medium 3.00 % $107,162 $0 $4,429 $0

2035 $498,898 $1,116,938 44.7 % Medium 3.00 % $110,377 $0 $5,566 $0

2036 $614,842 $1,242,576 49.5 % Medium 3.00 % $113,688 $0 $6,134 $122,235

2037 $612,429 $1,248,845 49.0 % Medium 3.00 % $117,099 $0 $6,741 $0

2038 $736,269 $1,384,051 53.2 % Medium 3.00 % $120,612 $0 $7,889 $22,667

2039 $842,103 $1,502,899 56.0 % Medium 3.00 % $124,230 $0 $9,026 $11,534

2040 $963,826 $1,639,799 58.8 % Medium 3.00 % $127,957 $0 $10,325 $0

2041 $1,102,108 $1,795,797 61.4 % Medium 3.00 % $131,796 $0 $11,141 $118,020

2042 $1,127,025 $1,838,118 61.3 % Medium 3.00 % $135,750 $0 $11,294 $141,381

2043 $1,132,688 $1,860,947 60.9 % Medium 3.00 % $139,822 $0 $11,949 $26,277

2044 $1,258,183 $2,006,418 62.7 % Medium 3.00 % $144,017 $0 $13,335 $5,607

2045 $1,409,927 $2,181,043 64.6 % Medium 3.00 % $148,338 $0 $14,840 $13,772

2046 $1,559,333 $2,356,104 66.2 % Medium 3.00 % $152,788 $0 $16,403 $5,949

2047 $1,722,575 $2,548,190 67.6 % Medium 3.00 % $157,371 $0 $18,095 $0


Bylaws


BYLAWSOF

BERRYWOOD CONDOMINIUM ASSOCIATION

ARTICLE IName and Location

The name of the corporation is BERRYWOOD CONDOMINIUM ASSOCIATION,hereinafter referred to as the "Association." The principal office of the Association shall be locatedat 850 39th Avenue, S.W., Puya1lup WA 98373, but meetings of members and directors may be heldat such places within tile State of Washington, County of Pierce, as may be designated by the Boardof Directors.

ARTICLE 11Definitions

The terms used in these Bylaws shall have the same meaning as those used in theCondominium Declaration (the "Declaration") for Berrywood, a Condominium, recorded underPierce County Auditor's NoA00t>f2i1t'1 and as amended from time to time.

ARTICLE ifiMeetings of Members

Section 1. Annual Meeting. The first annual meeting of the members shall be held at thediscretion of the original Directors within one (1) year from the date of incorporation of theAssociation. Thereafter, annual meetings shall be held on the anniversary of such date in eachsucceeding year, or on such date as approved by a majority of the membership if they decide theannual meeting should be held on another date for each succeeding year. If the day for tile annualmeeting of the members is a Saturday, Sunday, or legal holiday, the meeting shall be held at thesame hour on the first day following which is not a Saturday, Sunday, or legal holiday.

Section 2, Special Meetings. Special meetings of the members may be called at any lime bythe President, a majority of the Directors, or on written request of the members who are entitled tovote, in the aggregate, fifty percent (50%) of the votes.

Section 3. Notice of Meetings. Written notice of each meeting of the members shall be givenby, or at the direction of, the Secretary or person authorized to call the meeting, by hand delivery orby mailing a copy of such notice, postage prepaid, at least ten (10) days before but not more thansixty (60) days before such meeting to each member entitled to vote at the meeting, addressed to theniember's address last appearing on the books of the Association, or supplied by such member to theAssociation for the purpose of notice. Such notice shall speci' the place, day, and hour of themeeting, and the items on the agenda to be voted on by the members, including the general nature

BylawsJ:\DATA\DBHD\M\RiIey\flerrywood\Bylaws Page 1 of 10

of any proposed amendment to the Declaration or Bylaws, changes of a previously approved budgetthat result in assessment obligations, and any proposal to remove a Director or officer.

Section 4. Quorum. The presence at the beginning ofany meeting of members entitled to casttwenty-five percent (25%) of the votes shall constitute a quorum throughout the meeting lot anyaction. If a quorum is not present or represented at any meeting, the members entitled to vote shallhave power to adjourn the meeting from time to time, without notice other than announcement at themeeting, until a quorum as aforesaid shall be present or be represented.

Section 5. Manner of Voting. At all meetings of members, each member may vote in person,by mail, or by proxy. There should be one voting Owner or agent for each Unit. Such voting Owneror agent shall be designated by the Owner or Owners of a Unit by written notice signed by each partywith an ownership interest, which notice shall be filed with the Secretary of the Board of Directors.The voting agent need not be an Owner. Any designation of voting Owner or agent may be revokedat any time by any one of the parties with an ownership interest in the Unit on written notice filedwith the Secretary of the Board of Directors. Such designation shall be deemed revoked when theSecretary receives actual notice of the death or judicially declared incompetency of the Owner of theUnit, or of the conveyance of such ownership interest. When no designation is made, or wheredesignation has been made and revoked and no new designation has been made, the voting Ownershall be the person or group composed of all Owners of that Unit who attend any meeting of theAssociation; however, votes may nQt be split by multiple Owners ofa Unit. Thus, if multiple Ownerscannot agree on a vote, their vote will not be counted on a vote of the Association membership, eventhough those Owners may be counted for purposes of a quorum (as if abstaining). A proxy is voidif it is not dated or purports to be revocable without notice. Unless stated otherwise in the proxy, aproxy terminates eleven (11) months after its date of issuance.

ARTICLE 11'Board of Directors: Selection: Term of Office

Section 1. Number of Directors. The affairs of the Association shall be managed by a Boardof Directors. The number of Directors which shall constitute the whole Board shall be thee (3).Until succeeded by the Directors elected by the Unit Owners, Directors need not be Unit Owners.

Section 2. Term. The members of the first Board of Directors elected entirely by the UnitOwners shall serve terms of office as follows: one Director shall serve for a period of two (2) yearsand two (2) directors shall serve for a period ofone (1) year. At each annual meeting after the initialBoard is elected, the members shall elect to a one (1) year term for each Director whose term hasexpired.

Section 3. Comoensation, No Director shall receive compensation for any service renderedto the Association. However, a Director may be reimbursed for actual expenses incurred in the

Bylaws1*DATA\D\BHD\M\RiIey\BerTywoothBylaws Page 2 of 10

performance of duties, and a Director or officer can be compensated and paid a fee for everyCertificate of Resale prepared by that Director or officer. Any fees paid to an officer or Director forpreparation of a Certificate of Resale shall be reasonable and shall be approved by tile Associationwhen the annual budget is approved.

ARTICLE VStandard of Care for Directors

If a Director is appointed by the Declarant, the care required of that Director shall be the careof a fiduciary to the other Unit Owners; if a Director is elected by the Unit Owners, then the dutyof care required shall be ordinary and reasonable care. However, if the statutory standard of care is,at any time, different than the standard of care set forth in these Bylaws,tile Bylaws shall be deemedamended so that the standard of care shall be that standard set forth statutorily for condominiums inthe State of Washington. This section shall not apply where the consequences of such act, omission,error, or negligence are covered by the insurance obtained by the Board.

ARTICLE VIMeetings of Directors

Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held no lessthan one (1) time a year at such place and hour as maybe fixed by the Board of Directors. Noticeshall be given annually to the members of next yeafs meetings times.

Section 2. Special Meetings. Special meetings of the Board ofDirectors shall be held whencalled by the President of the Association, or by any Director, after not less than three (3) days noticeto each Director. The meeting shall be held at the same place as the regular meeting, unlessunavailable, in which event the President shall designate the place of the special meeting.

Section 3. quorum. A quorum is deemed present throughout any meeting of the Board ofDirectors if persons entitled to cast fifty percent (50%) of the votes on the Board of Directors arepresent at the beginning of the meeting. Members present through use of telephone shall be deemedpresent for purposes of a quorum, and may vote by telephone. Every act or decision done or madeby a majority of the Directors present at a duly held meeting at which a quorum is present shall beregarded as an act of the Board.

Section 4. Action Taken Without A Meeting. The Directors may take any action without ameeting which they could take at a meeting by obtaining the written approval of all the Directors.Any action so approved shall have the same effect as though taken at a meeting of the Directors.

ARTICLE VIIPowers and Duties of Board of Directors

BylawsbDATA\D\BHD\M\Riley\Benywood\Bylaws Page 3 of 10

Section L Powers. The Board of Directors shall have the power to do the following:

(a) exercise for the Association all powers, duties, and authority vested in or delegatedto this Association and not reserved to the membership by other provisions of theseBylaws, the Articles of Incorporation, or the Declaration;

(b) employ an independent contractor, or such other employees as the Board deemsnecessary, to pursue the Association responsibilities, and to prescribe their duties;

(c) enforce all covenants, restrictions, and conditions of the Declaration as amended (thispower does not in any way reduce the power of any member to enforce suchcovenant, nor does it require enforcement unless the Board of Directors deems suchenforcement necessary); and,

(d) shut off utilities to a Unit after thirty (30) days written notice sent by certified mailto the Owner if a member is more than sixty (60) days late with payment of anyassessment or fee. due the Association or if a material breach of the Declaration,Bylaws, or Rules and Regulations, continues for more than thirty (30) days. Noticeshall be sent to the member's address last appearing on the books of the Association,or supplied by such member to the Association for the purpose of notice.

The Board shall not act on behalf of the Association to:

(a) amend the Declaration in any manner that requires the vote or approval of the UnitOwners;

(b) terminate the Condominium; or,

(c) elect members of the Board of Directors or determine the qualifications, powers, andduties, or terms of office of members of the Board of Directors; provided, however,that the Board of Directors may fill vacancies in its membership for the unexpiredportion of any term.

Section 2. Duties. It shall be the duty of the Board of Directors to do, in their discretion, asfollows:

(a) keep a complete record of all its acts and corporate affairs and to present a statementthereof to the members at the annual meeting of the members, or at any specialmeeting when such statement is requested in writing by any one of the members whoare entitled to vote;

Bylaws1:WATA\D\RI-ID\M\RiIey\Berrywood\Bylaws Page 4 of 10

(b) supervise all officers, agents, and employees of this Association, and see that theirduties are properly performed; -

(c) as more fully provided in the Declaration, to do as follows:

(i) fix the amount of the annual assessment against each Unit at least thirty (30)days in advance of each annual assessment period;

(ii) send written notice of each assessment to every Unit Owner subject theretoat least thirty (30) days in advance of each annual assessment period;

(iii) file a lien if the assessment is not paid within sixty (60) days; and,

(iv) when deemed necessary, may foreclose on the lien after thirty (30) days butprior to ten (10) years from date of assessment;

(d) issue, or to cause an appropriate officer to issue, on demand by any person, astatement signed by the treasurer setting forth whether or not any assessment hasbeen paid. A reasonable charge may be made by the Board for the issuance of suchstatement. If a statement states an assessment has been paid, such statement shall beconclusive evidence of such payment;

(e) enforce covenants as provided in the Declaration when deemed necessary by a voteof a majority of the Directors (this power of enforcement is in addition tO the powersof the enforcement of any individual Owner);

(f) in the event of Common Elements, procure and maintain adequate liability andhazard insurance on property owned by the Association. If available at a reasonablecost, maintain earthquake insurance on all Common Elements. Procure and maintainadequate liability insurance for the Directors of the Board of Directors;

(g) maintain any Common Elements and Limited Common Elements as set forth in theDeclaration;

(Ix) perform any and all other functions which are necessary for maintenance andcontinuance of the Association;

(i) within thirty (30) days after adoption of any proposed budget for the condominium,the Board of Directors shall provide a summary of the budget to all Unit Owners;and, issue, or to cause an appropriate officer to issue, within ten (10) days of ademand by any member, a Certificate of Resale as required under the Washington

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Condominium Act, Ch. 64.34 RCW. A reasonable charge may be made by the Boardfor the issuance of such certificate.

ARTICLE VIIIOfficers and Their Duties

Section 1. Enumeration of officers. The officers of this Association shall be a president, vicepresident, secretary, and treasurer, who shall at all times be members of the Board of Directors, andsuch other officers as the Board may from time to time by resolution create.

Section 2. Election of Officers. The election of officers shall take place at the first meetingof the Board of Directors following each annual meeting of the members.

Section 3. Term. The officers of this Association shall be elected annually by the Board andeach shall hold office for one (1) year, or until that officer's successor is elected, unless the officersooner resigns, or shall be removed, or otherwise is disqualified to serve.

Section 4. Special Aonointments. The Board may elect such other officers as the affairs ofthe Association may require, each of whom shall hold office for such period, have such authority,and perform such duties as the Board may, from time to time, determine.

Section 5. Resignation and Removal. Any officer may be removed from office with orwithout cause by the Board. Any officer may resign at any time giving vthtten notice to thepresident, or the secretary. Such resignation shall take effecton the date of receipt of such notice orat any later time specified therein, and unless otherwise specified therein, tile acceptance of suchresignation shall not be necessary to make it effective.

Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board.The officer appointed to such vacancy shall serve for the remainder of the term of the officer whois replaced.

Section 7. Multinle offices. The offices of secretary and treasurer may be held by the sameperson. No person shall simultaneously hold more than one of any of the other, offices, except priorto the first annual meeting and except in the case of special offices created pursuant to Section 4 ofthis Article.

Section 8. Duties. The duties of the officers are as follows:

(a) President. The president shall preside at all meetings of the Board of Directors; shallsee that orders and resolutions of the Board are carried out; and shall sign all writteninstruments and promissory notes.

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(b) Vice President. The vice president shall act in the placeand stead of the president inthe event of absence, inability, or reffisal to act, and shall exercise and discharge suchother duties as may be required by the Board.

(c) Secretary. The secretary shall record the votes and keep the minutes of all meetingsand proceedings of the Board and of the members; serve notice of meetings of theBoard and of the members; keep appropriate current records showing the membersof the Association together with their addresses; prepare, execute, certif5r and recordAmendments to the Declaration on behalf of the Association; and, perform suchother duties as required by the Board.

(d) Treasurer. Unless the Condominium is managed by a management finn (outsidemanager) the treasurer shall receive and deposit in appropriate bank accounts allmonies of the Association and shall: disburse such funds as directed by resolution ofthe Board of Directors; sign all checks and promissory notes of the Association; keepproper books of accounts; cause an annual audit of the Association books to be madeby a public accountant whenever requested by the Board or by one of the votingmembers; and, prepare an annual budget and a statement of income and expendituresas set forth above. The desired time for preparation shall be just prior to the regularannual meeting so that the budget and statement can be presented to the membershipat its regular annual meeting.

ARTICLE IXCommittees

The Board of Directors shall appoint such committees as it deems appropriate in carrying outits purpose.

ARTICLE XBooks and Records

The books, records and papers of tile Association shall at all times, during reasonablebusiness hours, be subject to inspection by any member. The Declaration, the Articles ofIncorporation, and the Bylaws of tile Association shall be available for inspection by any memberat the residence of the Secretary of the Association, where copies may be purchased at reasonablecost.

ARTICLE XIAmendments

Section 1. Bylaws. These Bylaws may be amended only with the written approval of Ownerswho represent at least sixty-seven percent (67%) of the total allocated votes in the Association.

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Section 2. Conflict. In the case of any conflict between the Articles of Incorporation andthese Bylaws, the Articles shall control; and in the case of any conflict between the Declaration andthese Bylaws, the Declaration shall control.

ARTICLE XIIIndemnification of Directors and Officers

Section I. Right of Indemnification. Tile Association shall indemnifSr its Directors andofficers against all liability, damage, or expense resulting from the fact such person is or was aDirector or officer, to the maximum extent and under all circumstances permitted by law.

Section 2. Effect on Other Bights. The right to iiidemniflcation and the payment of expenses-incurred in defending a proceeding in advance of its final disposition conferred in this Article shallnot be exclusive of any other right which any person may have or hereafter acquire under any statute,provision of the Articles of Incorporation, Bylaws, agreement, vote of members, or disinterestedDirectors or otherwise.

Section 3. Insurance. The Association may maintain insurance, at its expense, to protect itselfand any Director, officer, employee, or agent of tile Association or another association, partnership,joint venture, trust, or other enterprise against ny expense, liability, or loss, whether or not theAssociation would have the power to indemnify such person against such expense, liability, or lossunder the Washington Nonprofit Corporation Act. The Association may enter into contracts with anyDirector or officer of the Association in furtherance of the provisions of this Article and may createa trust find, grant a security interest, or use other means (including, without limitation, a letter ofcredit) to ensure the payment of such amounts as ma be necessary to effect indemnification asprovided in this Article.

Section 4. Advance Payment. The Association may, by action of its Board of Directors fromlime to time, provide indemnification and pay expenses in advance of the final disposition of aproceeding to employees and agents of the Association with the same scope and effect as theprovisions of this Article with respect to the indemnification and advancement of expenses ofDirectors and officers of the Association or pursuant to rights granted pursuant to, or provided by,the Washington Nonprofit Corporation Act or otherwise.

ARTICLE XIIIAttorney Fees

Should any dispute arise regarding the terms of these Bylaws, the Declaration, the Articlesof Incorporation, or the Rules and Regulations of the Association, the prevailing party shall recoverreasonable attorney fees and costs, including those for appeals.

ARTICLE XIV

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Venue

Venue, for purposes of these Bylaws, shall be Pierce County, Washington.

ARTICLE XVFiscal Year

The fiscal year of the Association shall be a calendar year, unless determined otherwise bythe Board of Directors.

IN WITNESS WHEREOF, we, being all of the Directors of Berrywood CondominiumAssociation have hereunto set our hands this .2-0+' day of May, 2001

IN WITNESS WHEREOF, the undersigned have caused these By-Laws to be executed this1.42_ day of May, 2001.

STATE OF WASHiNGTON)) ss.

illiam Riley

COUNTY OF PIERCE )

I, THE UNDIGNED, a Notary Public in and for the State of Washington, do herebycertify that on this 20 day of May, 2001, personally appeared William Riley, Jerry Flansburg andRichard Irwin to me knos to be the within named individuals, and acknowledged the within andforegoing instrument to be their free and voluntary act and deed for the uses and purposes therein

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Richard Irwin

Page9of 10

contained, and on oath states that they are authorized to execute said instrument, and that the sealaffixed is the corporate seal of said corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal, the day and yearin this certificate first above written.

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PUBLIC i and for the State ofn residing t—1 144

sion expires: 1—l----o'—----

CC&Rs


11111 lit 1111111.1111111111111111111

200105240953 SO pa5—26—2001 03:09w. hi..oo

Piled for Record at Request of . !!!!c! ...E2YJ!P.!...Mf!4GTONBryce IL Dilleof Campbell, Due & BarnettAttorneys at Law317 South MeridianP.O. Box 488Puyallup,WA 98371

CONDOMINIUM DECLARATION.of

Benywood, a Condominium

Grantor. Berrywood,L.L.C., a Washington Limited Liability CompanyGrantee: Berrywood Condominium AssociationReference Numbers of Documents Assigned or Released:Legal Description (abbreviated): NW quarter of NE quarter of Section 34, Township 20 North,Range 4 East of the WM ag—Complete Legal is on Page of DocumentAssessor's Tax Parcel No.: 042034-1-118 and 042034-1-127

Berrywood, LLC., referred to in this Declaration as the "Declarant" is the owner of theproperty hereinafter described and submit the land described in section 2 below and on Exhibit "A,"together with all buildings, improvements, and structures, and all easements, rights, andappurtenances belonging thereto, and all items ofpersonalty intended for use in connection therewithto the provisions of the Condominium Act, Chapter 64.34 RCW (the "Act").

1. Definitions.

"Acf or "Condominium Act" shall mean the Washingt n Condominium Act, Laws of1989, Chapter 43; re-enacting and amending RCW 58.17.040; adding a new chapter to Tide 64RCW, as amended.

"Articles" shall mean the Articles of Incorporation for the Berrywood CondominiumAssociation.

"Allocated interests" shall mean the undivided interests in the CommonElemdnts, thecommon expense liabilities, and the votes in the Associatiol allocated to each Unit.

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.

"Assessment't shall mean all sums chargeable byte Assdciation against a Unit including, withoutlimitation: (a) regular and special assessments fbr common expenses, charges, and fines imposedby the Association; (b) interest and late charges on any delinquent account; and, (c) costs ofcollection, including reasonable attorney's fees, including those for appeals, incurred by theAssociation in connection with tile collection of a delinquent Owner's account.

"Association" shall mean the Berzywood Condominium Association.

"Board" or "Board of Directors" shall mean the Board of Directors for the BertywoodCondominium Association.

"Bylaws" shall mean the Bylaws of the Berrywood Condominium Association.

"Common Elements or Facilities" shall mean all portions of the Condominium other thanthe Units.

"Common expenses' shalt mean expenditures made by, or financial liabilities of, theAssociation together with any allocations to reserves.

"Common expense liability' shall mean the liability for common expenses allocated toeach Unit pursuant to this Declaration.

"Condominium", shall mean the real property, portions of which are designated forseparate ownership and the remainder of which is designated for common ownership solely by theOwners of those portions.

"Conveyance" shall mean any transfer of the ownership of a Unit, includinga transfer bydeed or by real estate contract and, with respect to a Unit in a Leasehold Condominium, a transferby lease or assignment thereof, but shall not include a transfer solely for security.

"Declarant" shall mean Berxywood, L.L.C., a Washington Limited Liability Company.

"Declamant control" shall mean the right of the Declarant or persons designated by theDeclarant to appoint and remove officers and members of the Board of Directors.

"l&' shall mean this Declaration and any amendments thereto.

'Developnient right? shall mean any right, or combination of rights, reserved byDeclarant in this Declaration,.to: (a) add real property or improvements to die-Condominium; (b)create Units, Common Elements, or Limited Common Elements within the real property includedor to be added to the Condothiniuxn; (c) subdivide Units or convert Units into Common Elements;

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(d) withdraw real property from the Condominium and, (e) reallocate Limited Common Elementswith respect to Units that have not been conveyed by Declarant.

"Eligible Mortgage8 sliall mean the holder of a mortgage on a Unit who has filed withthe Secretary of the Association a 'written request that the holder be given copies of notices ofanyaction by the Association that requires the consent of mortgagees.

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"Foreclosur? shall mean a forfeiture or judicial ornonjudicial foreclosure of a mortgage,deed of trust, or real estate contract, or a deed in lieu thereof.

"Identi'ing number" shall mean a symbol or address that identifies only one unit in theCondominium.

"Institutional holder" shall mean a mortgagee which is a banlç, or savings and loanassociation, or established mortgage company, or other entity chartered under federal or state laws,any corporation or insuraiice company, or any federal or state agency.

"Limited Common Element' shall mean a portion of the Common Elements allocated bythe Declaration or by operation of the Act for the exclusive use of one ormore, but fewer than all,of the Units.

"Manager" or "Managing Agent" shall mean the person or company designated byDeclarant or the Board to manage the Condominium.

"Mortgage" shall mean a mortgage, deed of trust, or real estate contract

"Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, ofan encumbrance on a Unit created by a mortgage or deed of trust, and, except as otherwise hereinset forth, shall also mean the vendor, or the designee of a vendor, of a real estate contract for the saleof a Unit.

"Owner" or "Unit Owner" shall mean the Owner of record, whether one ormore persons,including the Declarant, ofa Unit, but does not include a person who has an interest in the Unitsolely as security for an obligation. Owner or Unit Owner also means the vendee, not the vendor,of a Unit under a real estate contract.

"Person" means a natural person, corporation, partnership, limited partnership, limitedliability company, trust, governmental subdivision or agency, or other legal entity.

"Property" shall mean the land, the buildings, and all improvements and structures nowor hereinafter placed on the land described on E*hibit "A."

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'Purchaser" shall mean any person, other than Declarant who, by means of aconveyance,acquires a legal or equitable interest in a Unit other tharn (a) a leasehold interest, including renewalopttons, of less than 20 years at the time of creation of the Unit or, (b) as security for an obligation.

"Real property" shall meanany fee, leasehold, or other estate interest in, over, or underland, including structures, fixtures, and other improvements thereon and easements, rights, andinterests pertinent thereto which by custom, usage, or law, pass with a conveyance of land althoughnot described in tile contract of sale or instniment of conveyance. Real property includes parcels,Mthor without upper or lower boundaries, and spaces that may be filled with air or water.

"Residential purpose? shall mean use for dwelling or recreational purposes, or both.

"Sale", "Uansfef, or "lease" shall mean a voluntary transfer or conveyance to a purchaseror lessee of any legal or equitable interest in a Unit, but does not include the transfer or release ofa security interest.

"Special Deçlarant Tights" shall mean rights, if expressly reserved in this Declaration, forthe benefit of the Declarant to: (a) complete improvements indicated on the Survey Map and Plansfiled with the Declaration; (b) exercise any Dóvelbprnent'right; (c) maintain Wes offices,management offices, signs advertising the Condominium, and models; (d) use easements throughthe Common Elements for the purposes of making improvements within tile Condominium or withinreal property which may be added to the Condonainium (e) make the Condominium part of a largercondominium or development (f) make the Condominium subject to a master association; (g)appoint or remove any officer of the Association or any master association or any member of theBoard of Directors during any period of Declarant control; and, (h) veto or approve any proposedaction of the Board of Directors or Association during any period of Declaránt control.

"Survey Map and Plans" shall mean tile Survey Map and Plans recorded simultaneouslywith this Declaration and any amendments, corrections, and addenda thereto subsequently recorded.

"Unit" shall mean a physkal portion of the Condominium designated for separateownership, the boundaries of which arc described in this Declaration.

2. Description of Land.

A parcel of land, located in Pierce County, Washington, shpwn on that certairf SurveyMap and Plans, recorded under Pierce County Auditor's File No. -bt (OSMtSt4Dand styled"Berrywood Condontiunf. The legal description of the land is set forth in Exhibit "A."

3. Description of Buildings.

(a) BuiIdins.

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This Condominium consists of seven (7) six plex buildings containing forty-two(42) units and one (1) three plex building containing three units. The buildingsare two stories in height and include a one (1) car attached garage for eachdwelling unit Phase I consists of nine (9) residential units and Phases II throughXII, when and if constructed, will collectively contain Thirty-six (36) residentialunits. When and Wall Phases are added, there will be a total.of eight (8)residentialbuildings with a total of forty-five (45) condominium units. Thebuildings are located, along with the common elements as shown on thQ surveymap and plans.

(b) Construction.The buildings are of wood frame construction on a concrete foundation with acrawl space underneath the bottom floor. The garage floors are concrete slabs ongrade. The units themselves will only be one story with certain units located onthe first floor of the buildings and other units located on the second floor of thebuildings.

4. Destription of Units.

(a) Basic Units.Each existing Unit is more fully described on Exhibit" B.

(b) Location.The location of each Unit is as shown on the Survey Map and Plans.

(c) Access to Common Elements.Each Unit has direct access to all the Common Elements and other facilitiesinasmuch as each opens directly to the outside.

(d) Boundaries.The boundaries of a Unit are the perimeter walls, floor, ceiling, windows, anddoors. Thus, all lathe, flirting, wall-board, plaslic board, plaster, paneling, tiles,wallpaper, paint, finished flooring, and any other materials constituting any partof the finished surces area part oldie Unit, and all other portions of the walls,floors, or ceilings are a part of the Common Elements. If any chute, flue, duct,wire, conduit, bearing wall, bearing column, or other fixture lies partially withinand partially outside the designated boundaries of a Unit, any portion thereofserving only that Unit is a Limited Common Element allocated solely to thatUnit and any portion thereof serving more than one Unit or any portion of theCommon Elements is a part of the Common Elements. Subject to the above, allspaces, interior partitions, and other fixtures and improvements within theboundaries of a Unit are a part of a Unit Furthermore, any shutters, asings,

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window boxes, doorsteps, stoops; porches, balconies, patios, and all exteriordoors aüd windows or other fixtures designed to serve a single Unit, but whichare located outside the Unit's boundaries are Limited Common Elements allocatedexclusively to that Unit. Maintenance of those Limited Common Elements areassetforthunderlhetermsofthisDeclaratioitlnnoeventshallauthtownerbedeemed to own pipes,wires conduits, the attic crawl space, or other utility linesor commonly used space rnnnng through that Ownefs Unit which are utilizedfor, or serve more than one Unit. These shalt be part of the Common Elements.(However, crawl spaces shall be deemed Limited Common Elements and may beused by the Unit Owners at their discretion in a safe mannet) In interpreting theDeclaration, deeds, and plans, the existing physical boundaries of the Unit asoriginally constructed, or as reconstructed In substantial accordance with theoriginal plans thereo4 shall be conclusively presumed to be its boundaries ratherthan the metes and bounds expressed or depicted in the Declaration, deed, orplans, regardless of settling or lateral movement of the building and regardless ofminor variance between boundaries shown in the Declaration, deed, or plans andthose of Units in the building.

S. Description of Common Elements and Facilities.

The Common Elements and Facilities consist of the entire Property, Sept for the Units.Each Unit has its percentage interest in suchCoznmon Elements and its percentage obligation towardthe cost of maintaining such areas. Such percentages are shown on Exhibit "B." Generally, CommonElements include the exterior paint of each building, the exterior roof surface of each building, allfencing on the property, and the yards and landscaping. Also included in the Common Elements arethe following:

(a) the roofs, foundations, studding, joists, beams, supports, main walls (excludingnon-bearing interior partitions of Units, if any), and all other structural parts ofthe buildings to the interior surfaces of the USs perimeterwalls, floors, ceilings,windows, and doors;

(I,) the pipes, wires, conduits, and other fixtures and equipment for all utilities;

(c) any entrance ways, porches, railings, stairs, stairways, walkways and bridges, ifany, connecting to each Unit;

(d) the land described in Exhibit A;

(e) the lawns and walkways which surround and provide access to the buildings;

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(f) certain items which aught ordinarily be considered Common Elements, such as,but not limited to, screen doors, window screens, awnings, and the like, if any,made pursuant to specifications in the Bylaws, rules and regulations, if any, orthis Declaration are designated as items to be fbrnished and maintained by theUnit Owners at their individual expense, in good order, according to standardsand requirements as set forth in the Declaration, Bylaws, or Rules adopted by theBoard; and,

(g) the grounds and all theilities relating thereto.

6. Description of Limited Common Elements.-

Certain portions of the Common Elements are reserved for use by certain Units to theexclusion of the other Units and are designated in this Declaration as 'tLimlied Common Elements."A description of the Limited CommonElements, stating to which Units their use is reserved, is asfollows:

(a) Fireplace. Porch. Sidewalk andPatios/Deck.Each Unit sihall bave Set aside as a Limited Contunon Element the built-infireplace in the Unit, if any, any patio, deck or porch located immediatelyadjacent to the Unit, and any storage area which is under stairs as set forth on thesurvey map and plans. Each unit shall also have as a Limited Common Elementthe porch and sidewalk which is for the exclusive use of that Unit.

(b) OutsideStairwav.That certain units shall have set aside as a Limited Common Element outsidestairway serving as access to those units situated on the second floor of thebuildings.

(c) Garage and Paiidng StalL -Each Unit has set aside, as a Limited CommonElement, a parking stall situatedimmediately outside of the garage and the garage for that unit. Each unit to whicha garage is assigned shall havo the exclusive use of that garage.

(d) Mailboxes.Each Unit has, as a Limited Common Element, an assigned mailbox located at thediscretion of the U.S. Postal Service, in a group of mailboxes on the Property orin fitnt of each individual Unit Designation of the mailboxes shall be made at thetime of the initial sale of a Unit. The mailbox assignments shall be permanent andmay not be severed from the Units, but will be assigned and transferred with theUnits and will follow any and all conveyances of a Unit as a LImited CommonElement of such Unit

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7. Allocated Interests

Percentage of Und Wided Interest inihe Common Elements and in the Common Exnensesof the Association.

• (a) The fonnula for detennining the undivided interest in the common elements andin the common expenses shall be as follows: Each unifs percentage shall bedetermined by. dividing 100 by the total number of units. Thus when only PhaseI is part of the Condominium, each unit shall have a 1/9th interest in the commonelements. Upon the addition of Phase 11, there shall be a total of 15 units whichwould then result in each unit having a 1/15th interest. This formula shall be usedwhenever a Phase is added or the number of units change for any reason.) In theevent the total ercentages does not equal 100, then the Declarant shall have theright to round off the percentage interest of a unit so that the total percentageinterest of all units shall equal 100 percent.

(b) Allocation of Votes. The allocation of votes shall be as follows: Each unit shallhave one (1) vote so that the total amount of votes shall be the total number ofunits.

(c) Mnendtnent of Percentages. Subject to the flghts of the Declarant to amend thisDeclaration when adding Phases, any other change in percentage interest must beapproved by ninety per cent(90%) of the first mortgagees and unit owners, andan amendment must be made to the Declaration changing the percentage interestin a manner consistent with the terms of this Declaration. As described above, thepercentages of ownership in the common elements for each unit shall be changedwhenever the number of units within the condominium changes.

8. Association and Bylaws.

(a) Association Membership.An Owner of a Unit shall automatically be a member of "BerrywoodCondominium Association" (the "Association"), a Washington nonprofitcorporation consisting of all ofthEUnit Owners, and shall remain a member ofthe Association until such lime as ownership ceases for any reason, at which timemembership in the Association shall automatically cease. Membership shall beappurtenant to and may not be separated from ownership of each Unit TheOwners of Units covenant and agree that the administration of the Property shallbe in accordance with the provisions of this Declaration, the Articles ofIncorporation, the Bylaws of the Association, and the Rules and Regulations, ifany. The Articles of Incorporation and Bylaws provide that the affairs of the

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Association shall be managed by a Board of Directors. The Articles ofIncorporationand Bylaws, effective as of the date of this Declaration, are herebyadoptedas the Articles of J.ncorporation and Bylaws of the Association.Such Articles of Incorporation and Bylaws may be amended as therein provided.

(I) Board of Directors.The aftäirs of the Association shall be managed by a Board of Directors. Thenumber of Directors which shall constitute the Initial Board shall be three (3).Until succeeded by the Directors elected by the Unit Owners, Directors need notbe Unit Owners. At least one-half (1/2) of the terms of the members of the Boardof Directors shall expire annually as provided in the Bylaws. In any event, eachDirector shall hold office until such time as that Director's successor has beenelected.

(c) Declarant Control.Subject to Paragraph 8(d) below, the Declarant shall have the right to appointsome or all of the Directors until the earlier of the following, at which time theDeclarant's tight to appoint Directors shall terminate:

(i) a date sixty (60) days after conveyance of seventy-five percent (75 %) ofthe Units to Unit Owners other than Declarant or,

(ii) a date two (2) years after the last conveyance or transfer of record of aUnit,, except as security for a debt or, -

(iii) a date two (2) yeas after any Development right to add new Units waslast exercised; or;

(iv) the date on which the Declarant records an amendment to the Declarationpursuant to which the Declarant voluntarily surrenders the right to furtherappoint and remove officers and members of the Board of Directors.

On the happening of the earlier of the foregoing events, the Directors selected bythe Declarant shall resign, to be succeeded by Directors elected by the UnitOwners. At that time, the control of the Condominium shall thereafter pass fromthe Deelarant to the Association of Unit Owners If Declarant voluntarilysurrenders the right to appoint and remove officers and members of the Board ofDirectors before termination of Declarant control pursuant to (1), (ii), and (iii) ofthis paragraph, Declarant may require, for the duration of the period of Declarantcontrol, that specified actions of the Board of Directors or Association, asdescribed in the recorded instrument executed by the Declarant, be approved bythe Deólarant before those actions become effective.

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Durixig the period, of Deciarant control, the Declarant may veto or approve aproposed action of thó Board of Directors or the Association, provided suchaction is taken in writing within thirty (30) days after receipt of written notice ofthe proposed action. Failure of the Declarant to timely veto or approve a proposedaction shall be deemed approval by 'the Deolarant.

(d) Election of Directors By Unit Owners Dating D&arant Control.Not later than sixty (60) days after conveyance of twenty-five percent (25 %) ofthe Units which may be created to Utht Owners other than a Declarant at leastone member (and not less than 25 %) of the Board of Directors must be electedby Unit Owüers other than the Declarant. Further, no later than sixty (60) daysafter conveyance of fifty percent (50%) of the Units with may be created to UnitOwners other than the Declarant, not less than thirty-three and one-third percent(33-1/3%) of the members of the Board of Directors must be elected by UnitOwners other than the Declarant.

(e) Election of Directors After Declarant Control Terminates.Within thirty (30) days after the termination of any period of Declarant control,the Vnit Owners shall elect a Board of Directors of at least two (2) members, amajority of whom must be Unit Owners. The Board of Directors shall then electtheir officers from the niembers of the Board of Directors, as set forth in theBylaws. The members of the Board of Directors and officers shall take officeupon election.

(f) Removal of a Dirdetor.The Unit Owners, by a unanimous vote of the voting power in the Associationpresent and entitLed to vote at a meeting of the Unit Owners at which a quorumis present, mayremove any.member of the Board of Directors with or withoutcause, other than a member appointed by the Declarant during the Declarantsperiod of control. The Declarant may not remove any member of the Board ofDirectors elected by the Unit Owners, even if that Director was elected during theDeolarant's period of control.

(g) Standard of Care.If a Director is appointed by the Deciaránt, the care required of that Director shallbe the care ofa fiduciary to the other Unit Owners; if a. Director is elected by theUnit Owners, then the duty of cam required shall be ordinary and reasonable care.However, if the statutory standard of care is, a.tany time, different than thestandard of care set forth in this,Declaration, this Declaration shall be deemedamended so that the standard of care shall be that standard set forth statutorily forcondominiums in the State of Washington. This paragraph shall not apply where

Condominium Declaration -

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the consequences of such act, omission, error, or negligence are covered by theinsurance obtained by the Board.

(Ii) Indemnification.The Association shall indemnify its Directors and officers against all liability,damage, and expense arising from or in connection with service as Directors andofficers of this Association to the maximum extent and under all circumstancespermitted by law.

9. Voting.

Every Owner of a Unit shEll be. a member of the Association. Membership shall beappurtenant to and may not be separated from ownership of any Unit which is subject to assessmentNatural persons, partnerships, corporations, trusts, or othe* lawful business entities may own or havean ownership interest in a Unit. There should be one voting Owner or agent ibr each Unit. Suchvoting Owner or agent shall be designated by the Owner or Owners of a Unit by written noticesigned by each party with all ownership interest, which notice shall be filed with the Secretary of theBoard of Directors. The voting agent need not be all Owner. Any designation of voting Owner oragent may be revoked at any time by any one of the parties with all ownership interest in the Uniton written notice filed with the Secretary of the Board of Directors. Such designation shall bedeemed revoked when the Secretary receives actual notice of the death or judicially declaredincompetency of the Owner of the Unit, or of the conveyance of such ownership interest. When nodesignation is made, or where designation has been made and revoked and no new designation hasbeen made, the voting Owner shall be the person or group composed of ali Owners of that Unit whoattend ,any meeting of the Association; however, votes may not be split by multiple Owners of aUnit. Thus, if multiple Owners cannot agree on a vote, theft vote will not be counted on a vote ofthe Association membership, even though those Owners may be counted for purposes of a quorum(as if abstaining). As used in this Declaration, the term "total voting power" shalt mean the totalnumber of votes, as described above, which may be exercised at the time the vote is taken.

10. Restrictions on Use of Property.

(a) Residential Use: Rules.The buildings described in this Declaration and the Units are intended forresidential purposes only, and their use is so restricted, su1ect to subsection 10(b)and 27(e) below which allow for limited commercial use, In addition, the Boardof Directors of the Association may, from time to time, by a vote of a majority ofits members, make,alter, or repeal rules and regulations covering details of theoperation and use of the Property, reserving o the Unit Owners the right tochange or repeal such rules and regulations on the approval of fifty-one percent(51 %) ofthe total voting power of the Association. No such rule or regulationshall change the requirement that the Units and Property be used only for

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residential purposes. Furthermore, no Unit shall be used principally foragricultural or fanning purposes under any circumstnces.

(b) Use by Declarant.The Declarant may maintain a sales office, management office, and model withina Unit or on Common Elements in the Condominium until such time as its rightto select Directors terminates pursuant to subsection 8(c). During this time,Declarant may maintain signs on the Common Elements advertising theCondominiuni.

Leases.With the exception of a lender in possession of a Unit following a default in a firstmortgage, a foreclosure proceeding, or any doed or other arrangement in lieu offoreclosure, Unit Owners are prohibited from leasing their Units for less thanthirty (30) days. All leases shall be in writing and the tenant shall be subject to allof the provisions of this Declaration, the Articles ofIncorporation, Bylaws, andRules and Regulations, if any. A copy of any lease shall be delivered to tileSecretary of the Association within seventy-two (72) hours of a lease beingsigned. An Owner leasing a Unit must provide any tenant of that Owner's Unit acopy of the Declaration, Articles of Incoqioration, Bylaws, and Rules andRegulations, if any, prior to the tenant signing the lease. Any failure by tenant tocomply with the tents of such documents shall be a defhult under tile lease.Any such lease shall provide that it tenninates on sale of the Unit by the lessor,or upon foreclosure of a Unit by the holder of a Mortgage constituting a first lienon such Unit. No Unit Owner shall be permitted to lease that Owner's Unit fortransient or hotel purposes. No owner may lease less than an entire Unit.

(ci) Time Shares. -Time-sharing is prohibited.

(e) Signs.Other than signs posted by the Declarant in connection with thedevelopment and sale of the project, all signs shall be subject to regulation by theBoard of Directors.

11. Management

The Board of Directors of the Association shall have the anthority to enter into a contractfor professional management of the Condominium. If they enter into such a contract the maximumterm shall not exceed one (1) year, and the contract shall be terminable without cause or paymentof a termination fee oil thirty (30) days written notice.

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12. Easements. -

(a) Common Elements.Each Unit Owner shall have a nonexciusive easement for and may use theCommon Elements (except Limited Common Elements) in accordance with thepurpose for which they were intended, without hindering or encroaching oil thelawful right of the other Unit Owners. Without limitation of the foregoing, eachUnit Owner shall have a right of ingress to and egress from that Owner's Unit,over and across the lawns and private sidewalks which are part of the CommonElemónt.

(b) Appurtenant.The easement described above shall be appurtenant to and shall pass with the titleto each Unit, subject to the following:

(i) the right of the Association to assess and collect dues and assessments asdefined in this Declaration;

(ii) the right of the Association to have reasonable entry into any Unit tomake emergency repairs and to do other work reasonably necessary forthe proper maintenance or operation of the Condominium and,

(iii) the right of tile Association to grant permits, licenses, and easements overthe Common Elements for utilities, roads and other purposes reasonablynecessary or usefUl for the proper maintenance or operation of theCondominium.

(c) Encroachments.

In tile event any portion of the Common Element encroaches on any Unit or anyUnit encroaches on the Common Element or another Unit as a result of theconstruction, reconstruction, repair, shifting, settlement, or movement of anyportion of the improvements, a valid easement for tile encroachment and for themaintenance of the same shall exist, so long as the encroachment exists.

(d) Declarant Reservations.

The Declarant, for itself its successor and assigns, hereby reserves an easementover and upon: the Common Element and Limited Common Elements for thepurpose of completing the development and constuction of any additional phase.

If it appears that Declaranfs development or construction will unreasonablyinterfere with a Unit Owner's use of the Common or Limited Common Elements,

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Declarant shall send written notice to tile Owner(s) advising him or her of theextent of construction and estimatg a time in which the Owner's use may beinterrupted or impaired.

13. Registered Agent

The name and address of the person to receive service of process in the eases providedfor in the Act is William Riley, 850 39th Avenue S.W., Puyallup, WA 98373. The Association mayfrom time to time change tile persoh to receive service of process as provided by law. Such changeshall be effective when written notice of such action, signed and acknowledged by the President ofthe Association, is filed with the Secretary of State.

14. Assessments.

(a) Assessments for Common Expenses.The Board of Directors shall from time to time, and at least annually, prepare abudget for tile Association and determine the amounts necessary to meet theCommon expenses of the Association. All regular, special, and emergencyassessments must be fixed at a uniform rate for all Units, and shall be collectedon a regular basis. The assessments due for each Unit shall be based on allocableinterests in the Common Element. The Common expenses shall include:

(1) all Common expenses defined in the Act;

(ii) water and sewer utility charges with respect to each unit and the CommonElements shall be paid as a shared expense by the Association.

(iii) any shared expenses not defined in the Act, nor listed above, but whichare approved by the Board as Common expenses; and,

(iv) all such other amounts as the Board of Directors may deemnecessary oradvisable forte lawful exercise of its powers and duties.

However, the following are modifications to the above collection of Common expenses:

(i) any Common expense associated with the operation, maintenance, repair,or replacement of a Limited Common Element shall be paid by the Ownerof; or assessed against, the Unit to which that Limited Common Elementis assigned if the maintenance, repair or replacement of the LimitedCommon Element results from unusual or abnormal wear and tear causedby that Unit Owner, that each Unit Owner shall be responsible for the

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painting and staining of any decks assigned to that unit as a LimitedCommon Element.

(ii) assessments to pay a judgment against the Associationmay be made onlyagainst the Units in the Condominium at the time the judgment wasentered in proportion to their allocated Common expense liabilities at tiletime the judgment was entered; and,

(iii) to the extent that any Common expenses are caused by the misconduct ofany Unit Owner the Association may assess that expense against theOwner's Unit.

(b) Increases in Assessments.

The Assessments for each year shall be included in the budget adopted by theBoard. A summary of to budget shall be provided to each Unit Owner withinthirty (30) days of the Board's adoption of the budget. The Board shall set a datefor a meeting of the Unit Owners to consider ratification of the budget (includingAssessments) not less than fourteen (14) days nor more than sixty (60) days aftermailing the summary. Unless at such meeting the Owners of Units to which amajority of the votes in the Associationare allocated reject the budget, the budgetis ratified. In the event the proposed budget is rejected or the required notice isnot given, the periodic budget last ratified by the Unit Owners shallbe continueduntil such time as the Unit Owners ratify a subsequent budget proposed by theBoard. However, if the proposed budget includes an increase in the Assessmentsof more than ten percent (10%) than the Assessments for the current year, thebudget must be approved by at least one hundred percent (100%) of the UnitOwners. Thus, if that budget does not receive approval by one hundred percent(100%) of the Unit Owners, the periodic budget last ratified by the Unit Ownersshall be continued until such time as the Unit Owners ratify a subsequent budgetproposed by the Board.

(c) Declarant's Payment Prior to Association AssessmentUntil the Association makes a Common expense assessment, the Declarant shallpay all Common expenses. However, the Declarant, at its option, may elect notto make an assessment but instead all Unit Owners would share all commonexpenses on a prorata basis until such time as the Association shall make itsinitial assessment.

(d) Excess in Assessments.The Board may, but shall not be required to, return excess Assessments for anyyear over and above actual expenses paid or incurred, or apply such excess

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r.

against the following yea? $ Assessment The Board shall advise all Unit Ownerspromptly, in writing, of the amount of the asessments payable by each of them,respectively, as determined by the Board. The Board shall furnish copies of eachbudget on which such estimates are based to all Unit Owners and to theirmortgagees who have requested copies of such budget

(e) Reserves.There shall be established an adequate reserve fund for the periodicmaintenance,repair, and replacement of those Common Elements that must be replaced on aperiodic basis, vthich fluid shall be maintained 'out of regular Assessments forCommon expenses. Furthermore, reserve funds shall be collected when a Unit issold or whbn coülrol is transferred, whichever is earlier.

(±) Working Canital.A working capital fund shall be established forte initial months of the projectoperations equal to at least atwo (2) months estimated Common Elements chargefor each Unit. Each Unit's contribution to working capital shall be collected andtransferred to the Association at the time the sale of the Unit is closed or whenDeclarant!s control is transferred to the Association pursuant to subsection 8(c)above, 'stehever is earlier. When control is Iransfeited, the working capital findshall also be transferred to the Association for deposit in a segregated thud.Declarant must pay, at that time, each unsold Unit's share to the worldng capitalfund. However, Declarant shall be reimbursed when the sale of a Unit closes forwhich Declarant had. previously paid into the reserve fund. Amounts paid into thisfund should not be considered as advanced payments of regular Assessments asthe working capital fund is a separate fund.

(g) Commencement of Assessments.The regular Aásessments pnvided for herein shall commence as to all completedunits on the first (1st) day of the month following the close of the first (1st) saleby Declarant. Notwithstanding any other provisions herein, until the authority ofthe Declarant to designate the members of the Board of Directors terminates, theBoard may elect not to collect either the fill budgeted Assessment for each monthor any Assessment for reserve funds (other than reserves for insurance premiums)and instead may collect and expend only the actual costs of operation of theCommon Elements.

(h) Payment of Assessments: Personal Obligation.Assessments are payable monthly, in advance, or at such other time(s) as theBoard shall determine; Each Assessment, in addition to constituting a lien asprovided for in the Act and this Declaration, shall also be, together with interest,costs, and reasonable attorneys' fees, as hereinafter provided, the personal

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obligation of the person who was the Owner of the Unit against which theAssessment is made at the time the assessment fell due.

(1) Collection of Assessments.Any Assessment not — within thirty (30) days after the due date shall bearinterest from the due date at the maximum rate allowed by law undir RCW19.52.020. TheBoard may initiate an action to enforce payment of any delinquentAssessment and irs such event the Owner liable therefpr shall pay all of the costsand expenses incurred incident thereto, including a reasonable sum as attorneys'fees (including those for appeals), all of which shall be secured by the lienprovided for in the Act and herein. In addition thereto, the Board may enforcecollection of delinquent Assessments in any one or more of the followingmethods:

(1) After ten (10) days piior written notice to the Owner of intent to severutilities for delinquent Assessments, the utilities to the Unit on which theassessment remains delinquent may be severed and disconnected hi wholeor in part until the assessments are paid, or otherwise provided for, to thesatithction of the Board.

(ii) On ten (10) days prior written notice to the Owner, the Association maysuspend the Owner's right of use of any Common Elements for any periodduring which any assessment against the Owner's Unit remains unpaid.

(iii) An action may be commenced to foreclose the lien for assessments.

Q) Liability of MortQa2ee or Purchaser.Where the mortgagee of a mortgage of record or other purchaser ofa Unit, obtainspossession Of the Unit as the result of foreclosure of the mortgage, or by deed orassignment in lieu of foreclosure, such possessor, and that possessor's successorsand assigns, shall not be liable for the share of the Common expenses orassessments by the Association chargeable to such Unit which become due priorto such possession. Such unpaid share of Commonexpenses or assessments shallbe deemed to be Common expenses collectible from all of the Unit Owners,including such possessor, and that possessor's successors and assigns.

(k) Conveyance: Liability of Grantor and Granteelor Unnaid Common Expenses.In a voluntary conveyance, the grantee of a Unit shall be jointly and severallyliable with the grantor for all unpaid assessments against the latter for his shareof the Common expenses up to the time of the grantor's conveyance, withoutprejudice to the grantee's right to recover from the grantor the amounts paid bythe grantee therefor. Any such grantee shall be entitled to a statement from the

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Board setting forth the amount of the unpaid assessments against the grantor andsuch grantee shall not be liable for, nor shall the Unit conveyed be subject to alien. for, any unpaid assessments against the grantor in excess of the amount setforth in the Board's statement.

(1) Canital lmnrovements.Anything in this Declaration to the contrary notwithstanding, the Board shall notmake capital improvements to the Property having a cost of more than TenThousand Dollars ($lO,000SO) in the aggregate, during any calendar year, otherthan for repairing or restoring the Property as may be provided for in thisDeclaration ortheBylaws,without thepriorapproval of Owners holding fifty-onepercent (51 %) of the total voting power in the Association.

(in) Nomise.No Unit Owner may exempt that Owner from liability for contribution towardsthe Common expenses by waiver of the use or enjoyment ofany of the CommonElements or by abandonment of the Unit.

15. Liens for Assessments.

(a) Rkht of Association.The Association has a lien on a Unit for any unpaid assessments leviedagainst a Unit from the time the assessment is due, together with interest, latecharges, and ttorneys fees as provided in this Declaration or otherwise allowedby law.

(1,) Prioritv/Excebtions.A lien under this section shall be prior to all other liens and encumbrances on aUnit except (1) liens and encumbrances recorded before the recording of theDeclaration; (2) a mortgage on the Unit recorded before the date on which theassessment sought to be enforced became delinquent and, (3) liens for realproperty taxes and other governmental assessments or charges against the Unit.A lien under This paragraph is not subject to tile provisions of Chapter 6.13 RCW.

(G) Priority!Mort2ages.Except as provided in subsections (d) and (e) of this section, the lien shalt also beprior to the mortgages described in subsection (b)(2) of this section to the extentof assessments: for Common expenses, excluding any amounts for capitalimprovements, based on the periodic budget adopted by the Association pursuantto the Act which would have become cite during the six (6) months immediatelypreceding the date of a sheriffs sale in an aódon for judicial foreclosure by eitherthe Assdciation or a mortgagee, the date of a trustee's sale in a nonjudicial

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foreclosure by a mortgagee, or the date of recording of the declaration offorfeiture in a proceeding by the seller/vendor under a real estate contract.

(d) R.educlion of Priority Period.The priority of the Association's lien against Units encumbered by a mortgageheld by an Eligible Mortgagee or by a mortgagee which has given the Associationa written request for a notice of delinquent assessments shall be reduced y up tothree (3) months Wand to the extent That the lien priority under subsection (a) ofthis section includes delinquencies which relate to a period after such holderbecomes an Eligible Mortgagee or has given such notice and before theAssociation gives the holder a written notice of the delinquency. This subsectiondoes not affect the priority of mechanics' or materialmen's liens, or the priority ofliens for other assessments made by the Association.

Ce) PrioritvfNonjudicial Foreclosure.If the Association forecloses its lien under this section nonjudicially pursuant toChapter 61.24 RCW, as provided by subsection (I) of this section, the Associationshall not be entitled to the lien priority provided lbrunder subsection (c) of thissection.

(f) More Than One Association.Unless the Declaration otherwise provides, if two or more Associations have liensfor assessments created at any time on the same real estate, those liens have equalpriority.

(g) Notice and PerfectioD.Recording the Declaration constitutes record notice and perfection of the lien forassessments. While no further recording of any claim of lien for assessmentsunder this section shall be required to perfect the Association's lien, theAssociation may record a notice of claim of lien for assessments under thissection with the Pierce County Auditor. Such recording shall not constitute thewritten notice of delinquency to a mortgagee referred to in subsection (b) of thissection.

(ii) Three-Year Time LimitA lien for unpaid assessments and the personal liability for payment ofassessments is extinguished unless proceedings to enforce the lien or collect thedebt are instituted within three (3) years after the amount of the assessmentssought to.be recovered becomes due.

(i) Foreclosure Options.

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The lien arising under this section 'nay be enforced judicially by the Associationor its authorized representative in the maimer set forth in Chapter 61.12 RCW.The lien arising under this section may also be enforced nonjudicially in themanner set forth in Chapter 61.24 RCW for nonjudicial foreclosure of deals oftrust The Declarant hereby grants to Chicago Tide Insurance Company, whoseaddress is 12815 Canyon Road East, Puyallup, WA 98373, as Trustee, all Unitsin the Condominium and all property of which tho Condominium is a part. Thisgrant is for tile sole purpose of securing the obligations of the Unit Owners to dieAssociation for the payment of assessments. Commonwealth Title InsuranceCompany shall act as Trustee for the benefit of the Benywood CondominiumAssociation, as beneficiary. On default by any Unit Owner in the payment of anyassessments, and on the ttten request of the beneficiary, Trustee shall sell thetrust property in accordance with the Deed of Trust Act of the State ofWashington, at a public auction to the highest bidder. Any person, including theAssociation or its authorized representative, shall have the power to purchase theUnit at the foreclosure sale and to acquire, hoLd, lease, mortgage, or convey thesale, except that the Trustee may not bid at the Trustee's sale. The proceeds of thesale shall be appliedas follows: 1) to the expense of the sale, including reasonableattorney's fees and costs; 2) to the obligation owed by the dehulting Unit Owner;and, 3)lhe surplus, if any, shall be distributed to the beneficiaryto be added to thegeneral assessments fund of the Association. On an express waiver in thecomplaint of any right to a deficiency judgment in a judicial foreclosure action,the period of redemption shall be eight (8) months. Nothing in this section shallprohibit the Association from taking a deed in lieu of foreclosure. This powerof sale is not an exclusive remedy; the Association may pursue any other remedyavailable under the terms of the Declaration or at law.

(5) Receivers.Prom the time of commencement ofan action by the Association to foreclose alien for nonpayment of delinquent assessments against a Unit that is not. occupiedby the Owner of the Unit, the Association shall be entitled to the appointment ofa receiver to collect from the tenant the rent for the Unit as and when due, If therental is not paid, the receiver may obtain possession ofthe Unit refurbish it forrental up to a reasonable standard for rental units in this type of condominium;rent the Unit or permit its rental to others; and, apply the rents first to the cost ofthe receivership and attorneys' fees thereot then to the cost of refurbishing theUnit, then to applicable charges, then to costs, fees, and charges of the foreclosureaction, and then to the payment of the delinquent assessments. Only a receivermay take possession and collect rents under this subsection, and a receiver shallnot be appointed less than ninety (90) days after the delinquency. The exercise bytile Association o the foregoing rights shall not affect the priority of preexistingliens on the Unit.

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(Ic) Asses smentsf Foreclosure.Except as provided in subsection (c) of this section, the holder of a first mortgageor other purchaser of a Unit who obtains the, right of possession of the Unitthrough foreclosure of a first mortgage shall not be liable for assessments orinstallments thereof that became due prior to such right of possession. Suchunpaid assessments shall be deemed to be Common expenses collectible from allthe Unit Owners, ineluding such mortgagee or other purchaser of the Unit.Foreclosure of a mortgage does not relieve the prior Owner of personal liabilityfor assessments accruing against the Unit prior to the date of such sale asprovided in this subsection.

(1) Joint and Several Liability.In addition to constituting a lien on theUnit, each assessment shall be the jointand several obligation of the Owner or Owners of the Unit to which the same areassessed as of the time the assessment is due. In a voluntary conveyance, thegrantee of a Unit shall be jointly and severally liable with the grantor for allunpaid assessments against the grantor up to the time of the grantox's conveyance,without prejudice to the grantee's right to recover from the grantor the amountspaid by the grantee therefor. Suit to recover a personal judgment for anydelinquent assessment shall be maintainable in any court of competentjurisdiction without foreclosing or waiving the lien securing such sums.

(in) Late Charges and DeThult Interest.The Association may from time to time establish reasonable late charges and arate of interest to be charged on alL subsequent delinquent assessments orinstallments thereof. Delinquent assessments shall bear interest from tile date ofdelinquency at the rate of twelve percent (1 2%) or the highest rate allowed by lawon the date on which the assessments became delinquent, whichever is lower.

(n) Attorney Fees.The Association shall be entitled torecover any costs and reasonable attorneys'fees incurred in connection with the collection of delinquent assessments, whetheror not such collection activities result in suit being commenced or prosecuted tojudgment. In. addition, the Association shall be entitled to recover costs andreasonable attorneys' fees if it prevails on appeal and in the enforcement of ajudgment

(o) Assessment Statements.The Association on written request shall furnish to a Unit Owner or a mortgageea statement signed by an officer or authorized agent of the Association settingforth the amount of unpaid assessments against that Unit. The statement shall befurnished within fifteen (15) days (ten (10) days for a Resale Certificate) after

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receipt of the request and is binding on the Association, the Board of Directors,and evety Unit Owner, unless and to the extent known by the recipient to be lse.

(p) Remedies Cumulative.The remedies provided are cumulative, and the Board may pursue themconcurrently, as well as any other remedies which may be available under lawalthough not expressed herein.

16. Damage or Destruction.

(a) Association as Attorney-in-Fact.In the event of damage or destruction to all or part of the Property, theAssociation shall act as representative of the Owners and mortgagees in anyproceedings, negotiations, or settlements. Each Owner appoints the Associationas its attorney-b- fact for this purpáse. The insurance proceeds shall be paid tothe Association for the benefit of the Owners and mortgagees, and shall be usedand distributed as set forth below. If sufficient; the proceeds shall be applied torepair, reconstruct; or rebuild the Property in ceordance with the original plans.Such repair, reconstruction, or rebuilding shall be arranged for promptly by theBoard of Directors. Furthermore, should a decision be made to not repair,reconstruct; or rebuild the Property, or should there be additional insurance fundsavailable, the Association shall determine the allocation ofthose insurance funds.For purposes of such an allocation, the Association shall look primarily to a

combination of fair market value and replacement costs.

(b) Less Than S3.500.If the insurance proceeds are insufficient and the cost to repair, replace, orreconstruct in accordance with the original Survey Map and Plan will not exceedsuch insurance proceeds by more thin Three Thousand Five Hundred Dollars($3,500) per Unit, the Board shall be authorized to make such repairs, apply theinsurance proceeds, and assess the members for the costs of such repairs in excessof the insurance. The Board shall promptly arrange for such repair,reconstruction, or rebuilding without a vote of the Unit Owners. In any case,however, use of hazard insurance proceeds for other than repair, replacement, orreconstruction in accordance with the original Survey Map and Plans shall not bepermitted without the prior written approval of holders of at least sixty-sevenpercent (67%) of the first mortgages (based on one (1) vote for each firstmortgage owned) or Owners (if there is no first mortgage on their Unit) of theiudMdual Units.

(c) More Than S3.500.

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If the insurance proceeds are insufficient and the cost to repair will exceed suchinsurance proceeds by more than ThreeThousand Five Hundred Dollars ($3,S00)per Unit, the Board shall promptly, but in no event later than ninety (90) daysafter the date of damage or destruction, give notice to and conduct a specialmeeting of the Unit Owners to review the proposed repairs, replacement, andreconstruction, as well as the projected cost of such repairs, replacement, orreconstructioit The Unit Owners shall be deemed to have approved the proposedrepairs, replacements, and reconstruction as proposed by the Board at thatmeeting, unless the Unit Owners decide, by an affirmative vote of one hundredpercent (100%). of the total voting power, to repair, replace or reconstruct thepremises in accordance with the original Survey Map and Plans in a differentmanner than proposed by the Board. In any case, however, use of hRnrdinsurance proceeds for other than repair, replacement, or reconstruction of theProperty in accordance with the original Surv.ey Map and Plans shall not bepermitted without the prior written approval of holders of at least sixty-sevenpercent (67%) of the first mortgages (based on one (1) vote for each firstmortgage owned) or Owners (if there isno first mortgage on their Unit) of theindividual Units.

(d) In Accordance With Ag.In the event of any damage or destruction to all or any part of the Property, adecision by the Unit Owners to do anything other than repair, reconstruct, orrebuild in accordance with the original Survey Map and.Plans shall be made inaccordance with those requirements of the Act which are then in effect Nothingcontained in this section shall be construed to give a Unit Owner or other partypriority over any rights of the first mortgagee of the Unit pursuant to its mortgagein the case of distribution to such Unit Owner of insurance proceeds orcondemnation awards.

(e) Rights of Unit Owner.Anything in this damage and destruction section to the contrary notwithstanding,any Owner of a Unit which has been damaged or destroyed shall have the rightto repair, reconstruct, or rebuild that Owner's Unit, together with that portion of'the Common Element immediately surrounding the Unit, without a vote of theAssociation, so long as the Owner obtains the written consent of the Board ofDirectors within ninety (90) days from the date of damage or destruction andcauses the work to be performed in accordance with the original Survey Map andPlan and in a manner satisfactory to the Board. Such consent shall not beunreasonably withheld; however, the Owner must make arrangements,satisfactory to the Board of Directors, for payment by the Owner of that portionof the costs of repair, reconstruction, or rebuilding not covered by insurance

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proceeds, which insurance proceeds shall be made available for the work ifconsent is given by the Board.

(1) Emergency Work.The Board shall need no approval from the Association or a Unit Owner foremergency work. "Emergency work" shall mean that work which the Boarddetermines is reasonably necessary to avoid further damage, destntction, orsubstantial diminution in value to improvements.and to reasonably protect theOwners from liability resulting from the condition ofthesite.

17. Insurance.

(a) General Requirement for Pmnertv Insurance.Commencing not later than the time of the first conveyance of a Unit to a personother than the Declaran; the Board ofDirectors shall be required to obtain andmaintain, paying the premiums as a Common expense, a "master' or "blanket"type of property insurance policy. The master policy shall cover all of theCommon Elements and any fixtures within the Units, together with suchequipment and other property within the Units as is customarily covered bymortgage instrunients. All property covered by the policy shall be insured in anamount equal to one hundred percent (100%) of current replacement cost at thetime the policy is purchased and at each renewal date. The blanket policy shallcontain a standard mortgagee clause in favor of each mortgagee of a Unit, whichclause shall provide that tile loss, if any, thereunder shall be payable to suchmortgagee as its interest may appear, subject, however, to the loss paymentsprovisions in favor of the Association. Tbe insurance carried pursuant to thissection shall provide that:

(i) each Unit Owner is an insured person under the policy with respect toliability arising out of the Owner's interest in the Common Elements ormembership in the Association;

(ii) the insurer waives its right to subrogation under the policy against anyUnit Owner, member of the Owner's household, or lessee of the Owner;

(iii) no act or omission by any Unit Owner, unless acting within the scope ofthe Owner's authority on behalf of the Association, will void the policy orbe a condidon to recovery under the policy; and,

(iv) i1 at the time ofa loss under the policy, there is other insurance in thename of a Unit Owner covering the same risk covered by the policy, theAssociation's policy provides primary insurance.

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(b) Perils Covered 1w Property Insurance.The property insurance policy shall afford, at a minimum, protection against thefollowing:

(1) loss ordamage by fire and other perilscovered by the standard extendedcoverage endorsement; and,

(ii) all other perils which are customarily covered in projects similar inconstruction, location, and use, including all perils normally covered bythe standard "all risk" endorsement where that is available. (lie insuranceshall include earthquake insurance ifa mority of the Board of Directorsapproves such coverage, and if such coverage is available at a reasonablecost)

(c) AdjimtrnentofIoss.The master policy shall provide that adjustment of loss shall be made by theBoard of Directors and that the net proceeds thereof shall be payable to the Boardof Directors, as Trustee; fbr the purpose of promptly repairing or rebuilding thedamaged or destroyed property in confonnance with the original Survey Map andPlan unless:

U) the Condominium is terminated;

(ii) repair or replacement would be illegal under any state or local health orsafety statute or ordinance; or,

(iii) One hundred percent (100%) of the Unit Owners, including every Ownerof a Unit or assigned Limited Common Element which will not be rebuilt,vote not to rebuild.

The insurftnce proceeds not used for the purpose of repairing or rebuilding theProperty shall be paid to the Unit Owners and mortgagees as their interests mayappear. However, any mortgagee of any oldie Units may require that insuranceproceeds be disbursed to or through the Board of Directors only as reconstructionprogresses in the manner normally followed by construction lenders in disbursingconstruction loans to their borrowers. Weighty percent (80%) of tile Unit Ownersincluding every Owner of a Unit which will not be rebuilt, vote not to rebuild,that Unit's allocated interests are automatically reallocated as if the Unit had beencondemned, and an amendment to this Declaration shall be recorded setting forththe reallocation.

(d) Failure to Repairor Replace.

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If all of the damaged ordestroyed portions of the Condominium are not repairedor replaced:

(1) the insurance proceeds attributable to the damaged Common Elementsshall be used to restore the damaged area to a condition compatiblewiththe remainder of the Condominium

(ii) the insurance proceeds attributable to Units and Limited CommonElements which are not rebuilt shall be distributed to the Owners of thoseUnits and the Owners of the Units to which those Limited CommonElements were allocated, or to lienholders, as their interests may appear;and,

(iii) the remainder of the proceeds shall be distributed to all, the Unit Ownersor lienholders, as their interests niay appear, in proportion to the CommonElement interests of all the Units.

(e) Waiver and Subrogation.All policies of physical damage insurance shall contain waivers of subrogationand waivers of any reduction or pro rata liability of the insurer as a result of anyinsurance carried by Unit Owners or of invalidity arising from any acts of theinsured or any Unit Owners, and shall provide that such policies may not becanceled or substantially modified without at least thirty (30) days prior writtennotice to all of the insureds, including all mortgagees of Units. Each Unit Ownerand mortgagee shall be furnished, on written request, with a copy of the masterpolicy, certificate of insurance, or memoranda of insurance.

(1) Liability Insurance.The Board of Directors shall be required to obtain and maintain, paying thepremiums as common expenses, comprehensive general liability insurance,including medical payments insurance coveting all the Common Elements. Suchinsurance shall be not less than One Million Dollars ($1,000,000) for each singleaccident or occurrence and shall cover bodily injury, deaths of persons, andproperty damage, including water damage. The liability insurance policy shallcover each member of the Board of Directors, and each Unit Owner, withcross-liability endorsement to cover liabilities of the Unit Owners as a group toan Unit Owner. The amount of coverage can be increased at the discretion of theBoard.

(g) Fidelity Insurance.The Board of Directors shall maintain blanket fidelity insurance in an amountdetenninedby the Board, for all officers, directors, trustees, management agents,

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employees of the Association, and all other persons handling or responsible forMids of or administered by the Association.

(ii) Compliance with Federal Mortga2e Agency Requirements.Notwithstanding the foregoing, or any other provisions contained in thisDeclaration, the Board of Directors shall continuously maintain in effect suchcasualty, flood, liability insurance, and fidelity insurance meeting the insuranceand fidelity insurance requirements for condominium projects established by theVeterans Administration, the Federal National Mortgage Association, theGovernment National Mortgage Association, and the Federal Home LoanMortgage Corporation, so long as any one of those organizations is a mortgageeor Owner of a Unit within the Condominium, except to the extent such coverageis not available or has been waived in writing by the organization.

(i) Additional Insurance.Unless exempted by the Board, all Unit Owners shall carry additional insurancefor their own benefit insuring their caietg, wahlcoverings, fixtures, furniture,furnishings, and other personal property, All such policies shall contain aiversof subrogation and the liability of the cathers issuing insurance obtained by theBoard of Directors shall not be affected or diminished by reason of any suchadditional insurance carried by aay Unit Owner.

(j) If Insurance Is Unavailable.If the insurance described in this insurance section is not reasonably available, theAssociation promptly shall cause notice of that fret to be hand-delivered or sentprepaid by first class United States mail to all Unit Owners, to each EligibleMortgagee, and to each mortgagee to whom a certificate or memorandum ofinsurance has been issued at their respective last known addresses.

(k) Actions of Unit Owners.Nothing shall be done or kept in any Unit or in any Common or Limited CommonElement which will increase the rate of insurance on the Common Element orUnits without the prior written consent of the Board. No Owner or lessee shallpemiit anything to be done or kept in a Unit or in a Common or Limited CommonElement which would result in the cancellation of insurance on any Unit or anypart of a Common or Limited CommonElements, or which would be a violationof any law.

(I) Workman's Compensation.Workman's compensation insurance, to the extent required by applicable law,shall be maintained by the Board.

18. Subdividing andfor Combining.

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A Unit or Units, Common Elèi7nexa I71edCE may be subdividedand/or combined only by amendment of this Declaration and the Survey Map and Plan. In addition,the partition or subdivision of an Unit requires tile express written consent of the Owner andmortgagee of that Unit; or if Comnionor LimitedConunon Elements, one hundred (100%) of theaffected first mortgagees. In order to amend the Declaration, the Owners of the Unit seeking therelocation of boundaries must make application to the Board of Directors. If the Owners of theadjoining Units have specified a reallocation between their Units of their allocated interest theapplication must state the proposed reallocation. Unless the Board ofDirectors determines withinsixty (60) days that the reallocations are tinreasonabl; the Association shall prepare an anindmentthat: identifies the Units involved; states the reallocations; is executed by those Unit Owners;contains words of conveyance between the applicants; and, is recorded in the name of the grantorand grantee. Failure of the Board to give notice in wiithig to the applicants that their application isunreasonable, shall be deemedacceptance by the Board that the application is acceptable. For anyacceptable application, the Board must then submit the application to the Owners for a vote, lItheUnit Owners approve the application by a one hundred percent (100%) vote the Board shall preparean amendment to the Declaration. Furthennore, any costs incurred by the Association relating topreparation of the amendment shall be the responsibility óftile applicants. Further, the Associationshall obtain and record Survey Map and Plans complying with the Act which shall show the alteredboundaries between adjoining Units and their dimensions and identifying numbers. As with theamendment, such costs incurred by the Association relating to the Survey Map and Plans shall bepaid by the applicants. Also, for a subdivision of a Unit, the reallocation of percentage interest to thenew TJnits shall be in. any reasonable and equitable manner prescribed by the Owner of thesubdivided Unit.

19. Maintenance and Repair.

(a) Owner Responsibility.Each Owner, at that Owner's own expense, shall perform promptly all of thecleaning, maintenance, repair, and replacement work:

Ci) within that Owner's IJnitwhich, if omitted, would affect the CommonElement;

(ii) on both the interior and exterior of all doors (exterior doors, however, ofa building shall be repainted or restained by the Association when theexterior of the building is repaintedor restained by the Association),windows (the Association may, however, clean the exterior of windowsin any year at the discretion of the Board), and screens bounding thatOwner's Unit; and

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(iii) with respect to those Limited Common Element such as parking places,garages, patio/decks, other Limited Common Elements appurtenant to thatOwner's Unit, the Owner shall be responsible for the cleaning andmaintenance and non-structural repair. In addition, the Owner shall beresponsible for the painting and/or stnining of the deck Limited CommonElement assigned to an Owner's unit. However, all structural repair andexterior wall painting and staining and the replacement thereofshall bethe responsibility of the Association.

(iv) the water heater and furnace which is for the exclusive use of a unit.

In the event an Owner fails or refuses to perform the cleaning, maintenance,repair, and replacement work requited by that Owner under the provisions of thissection, then the Association may perform such work and the cost thereof shallbe the personal obligation of the Ownerofthe Unit and shall constitute alien onthe Unit and its interest in the Common Element and may be foreclosed in thesame manner as the lien for assessments for Common expenses.

(b) Association Resnonsibilitv.All other maintenance and repairs are to be performed by the Associatibn. Thecost thereof is to be a Common expense of all the Unit Owners, Afl structuralrepair, painting and staining (except for Limited Common Elements paint andstain which are the responsibility of the Unit Owner), and replacement shall bethe responsibility of the Association.

(c) Right of Fntrv.The Association shall have the irrevocable right, to be óxercised by theBoard ofDirectors and its agents, to have access to each Unit and Limited CommonElement from time to time during reasonable hours as may be necessary for themaintenance, repair, or replacement of any of the Common Elements therein oraccessible therefrom, or for making emergency repairs therein necessary toprevent damage to the Common Elements or to another Unit or Units, or to doany cleaning, maintenance, repair, and replacement work which the Owner isrequired to do but has failed or refused to do.

(d) Exterior Apnearance.In order to preserve a uniform exterior appearance to the buildings, and to theCommon and Limited Common Elements, the Board shall require and proyide forthe painting and other decorative finish of the buildings and fences, and toprescribe the type and color of such decorative finishes. The Board may prohibit,require, or regulate any modification or decoration of the buildings, decks, patios,and yard areas or other Common or Limited Common Elements undertaken or

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proposed by any Owner. This power of the Board extends to screens, doors,awnings, rails, yard landscaping and decoration or other visible portions of eachUnit and each building.

20. Additions, Alterations or Improvements by Unit Owners.

(UnNo Owner shall make any improvements or alterations to the Ownefs Unit thatmay affect the structural integrity or mechanical or electrical systems or lessen thesupport of any portion of the Unit. Any other improvements or alterations maybe made subject to the provisions of this section. An Owner may not change theappearance of any Common Element or the exterior appearance of ahy Unitwithout pennission of the Association. Any such change would require approvalof one hundred percent (100 %) of the Owners. The appearance of a LimitedCommon Element may also not be changed without permission of seventy-fivepercent (75 %) of the Association. However, Owners may decorate tastefully theirdecks and patios with planters and furniture, etc. without approval from theAssociation, but subject to retroactive disapproval by the Board. The Board, at itsdiscretion, may require the removal or alteration of any decoration which theBoard determines is obtrusive or out of character with the general setting andscheme of the Condominium. Furthennore, in order to obtain approval from theAssociation, the requesting Owner must first request to make theaddition/alteration or improvement to the Board of Directors who will beresponsible for placing the request before the Association for a vote, If, however,the Board of Directors decides that such request is unreasonable, the Board ofDirectors may deny the request and no vote is necessary. The request must bemade in tting to the Board of Directors and submitted along with necessaryplans and specifications. These terms apply to any Unit which has beensubdivided or Units which have been combined. Furthermore, any application toany governmental agency having authority to issue a permit with respect to anaddition, alteration, or improvement in or to any Unit shall be executed only bythe Board of Directors, without however, incurring any liability on the part of theBoard of Directors or any of them to any contractor, subcontractor, ormaterialman on account of such addition, alteration, or improvement or to anyperson having any claim for injury to person or damage to property arisingtherefrom. The provisions of this section shall not apply to Units owned by theDeclarant until such Units have been initially sold by the Declarant.

21. Condemnation.

(a) Association as Attorney-in-Fact.

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If the Property is partially or completely condemned, the Association shall act asthe representative of the Owners and mortgagees in any proceedings,negotiations, or settlements. Each Owner appoints the Associatiod as itsattorney-in-fact for this purpose. Any proceeds shall be paid to the Associationfor the benefit of the Owners and the mortgagees and shall be used and distributedas set forth below.

(b) Unit Livable.In the event of partial condemnation which does not result in any Unit becomingunlivable, the proceeds shall be used:

(1) to restore the remaining CommonElement;

(ii) for payment to Unit Owners and their niortgagees specially damaged bythe condemnation, which damage was an element of the condemnationaward; and

(iii) the balance shall be distributed pro rata among the Unit Owners and theirmortgagees in proportion to their percentage interest in the CommonElement.

(c) Unit Unlivable.In the event of partial condanmation which does result in some, but not all, of theUnits becoming unlivable, the condonlinium documents shall be amended toreflect any required elimination of Units and reallocation ofpercentage interest,and the condemnation proceeds shall be used:

(1) for payment to Unit Owners and their mortgagees eliminated in therevised documents, to the extent the value of the entire Unit was anelement of the condemnation award;

(ii) toward restoration of the remaining Common Element;

(iii) for payment to Unit Owners and their mortgagees specially damaged bythe condemnation, but which remain in the Condominium, whichdamages were an element of the condemnation award; and,

(iv) the balance shall be distributed pro rata to the remaining Unit Owners andtheir niortgagees in proportion to their percentage interest in the CommonElement.

Cd) Condemnation Disposition.

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In the event that the entire Property istaken or condemned, or sold, or otherwisedisposed of in lieu of, or in avoidance thereot the condominium ownershippursuant theretoshall terminate. The condemnation award shall be apportionedamong the Owners in shares proportionate to the respective undivided interest inthe Common Element If a standard different from the value of the Property as awhole is employed to measure the condemnation award in the negotiation,judicial decree, or otherwise, then in determining such shares, the same standardshall be employed to the extent it is relevant and applicable. On the basis of theforegoing principal, the Board of Directors shall, as soon as practicable,determine the share of the condemnation award to which each Owner is entitled.After first paying the respective share of each Owner, and all mortgages and lienson the interest of such Owner, the balance remaining in each share shall then bedistributed to each Owner, respectively.

22. Mortgagee's Protection.

(a) Amendments to Declaratioi3 or Bylaws.The prior written approval ofOwners who represent at least one hundred percent(100%) of the total allocated votes in theAssociation and holders of at lóast onehundred percent (100%) of the first mortgages (based on one (1) vote for eachfirst mortgage owned) of the individual Units shall be required for anyamendments of a material nature to this Declaration or the Bylaws of theAssociation. Any amendment to the Declaration or Bylaws which changes any ofthe following shall constitute a material change:

(i) voting rights;

(ii) increases in assessments that raise the previously assessed amount bymore than twenty-five percent (25%), assessment lien rights, or thepriority of such liens;

(iii) reserves for maintenance, repair, or replacement of the CommonElements;

(iv) rosponsibility for maintenance and repairs;

(v) reallocation of interests in the Common or Limited Common Elements,or tights to their use, except as otherwise provided in this Declaration;

(vi) the boundaries ofany Unit

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(vii) convertibility of Units into Common Elements or Facilities, or ofCommon Elements or Facilities into Units;

(viii) expansion or contraction of the Condominium or the addition, annexation,or withdrawal of Property to or from the Condominium, deept asprovided in this Declaration;

(ix) hazard or fidelity insurance requirements;

Cx) the leasing of Units;

(xi) imposition of any restriction on the right of a Unit Owner to sellor transfer his or her Unit;

(xii) a decision by the Association to establish self-management whenprofessional management had been required previously by an ELigibleMortgagee;

(xiii) restoration or repair of the Condominium (after a hazard damage or partialcondemnation) in a manner other than specified in this Declaration or theBylaws;

(xiv) any action to terminate the legal status of the Condominium aftersubstantial destruction or condemnation occurs; or,

(xv) any provisions that expressly benefit Mortgagees, insurers, or guarantors(i.e. mortgagee priority).

Furthermore, no amendment of this Declaration shall be effective to modify,change, limit, or alter the rights expressly conferred upon mortgagees in thisinstrument with respect to any unsatisfied mortgage duly recorded unless theamendment shall be consentedto in writing by the holder of such mortgage.

Any provision of this Declaration conferring rights upon mortgagees which isinconsistent with any other provision of this Declaration or the Bylaws shallcontrol over such other inconsistentprovisions.

(b) Recuest to Association.On. written request to the Association, an Eligible Mortgagee of a first mortgageon a Unit shall be entitled to timely written notice of:

(i) any significant damage or destruction to the Common Elements orFacilities, or to the Unit to which the mortgage appertains (forpurposes

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of this subsection, the term "significant damage or destruction" shall meandamage having a cost to repair of One Thousand Dollars ($1,000) or moreto the mortgaged Unit or Ten Thousand Dollars ($10,000) or more to theCommon Element or residential building);

(ii) any condemnation or eminent domain proceeding affecting theCondominium or any portion thereot

(iii) any default under this Declaration or the Articles of Incorporation orBylaws v.4th gives use to a cause of action against the Owner of a Unitsubject to the mortgage of such holder or insurer, where the deihult hasnot been cured in thirty (30) days;

(iv) any proposed termination of the Condominium regime;

(v) any lapse, cancellation or material modification of any insurance policyor fidelity insurance maintained by the Association;

(vi) any proposed amendment of the Condominium instruments affecting achange in (I) the boundaries ofany Unit; (2) the undivided interest in theCommon Elements appertaining to any Unit or the liability for Commonexpenses apperSining thereto; (3) the numbQr of votes in the Associationappertaining to any Unit; or, (4) the purposes to which any Unit or theCommon Elements are restricted;

(vii) any sixty (60) day delinquency in the payment of assessments or chargesowed by the Owner of any Unit on which the mortgagee holds themortgage; and, any proposed action that requires the consent of aspecified, percentage of eligible mortgage holders; and,

(viii) any proposed action that requires a consent of a specified percentage ofeligible mortgage holders.

(c) Holder or Insurer of First Mortaage.An Eligible Mortgagee of a first mortgage on a Unit shall be entitled, uponrequest, to:

(i) inspect the books and records of the Association during normal businesshours;

(ii) require the preparation of and, if preparation is required,receive an annualaudited financial statement of the Association for the immediately

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preceding fiscal year, except that such statement need not be fbrnishedearlier than ninety (90) days following file end of such fiscal year; and,

(iii) receive written notice of all meetings of the Association and be permittedto designate a representative to attend all such meetings.

23. Survey Map awl Plans.Simultaneously with the recording of this Declaration there has been recorded (as shownin section 2 of this Declaration) the Survey Map and Plans, jointly styled "Berrywood, aCondominium" containing the information required by the Act.

24. Units Subject to Declaration, Articles of Incorporation, Bylaws and Rules andRegulations.All present and fixture Owners or occupants of Units shall be subject to and shall complywith the provisions of this Declaration, the Articles of Incorporation, Bylaws, and the Rules and

Regulations, if any, of the Association, as they may be amended from time to time. The acceptanceofadeed or conveyanceor the entering into occupancy ofany Unit shall constitute an agreement thatthe provisions of this Declaration, the Articles of Incorporation, Bylaws, and the Rules andRegulations, if any, of the Association, as they may be amended from time to time, are accepted andratified by such Owner or occupant, and all of such provisions shall be deemed and taken to becovenants running with the land and shall bind any person having at any time any interest or estatein such Unit, as though such provisions were recited and stipulated at length in each andevery deedor conveyance or lease thereof. Failure ofan Owner, an occupant, or the Association to comply withthis Declaration, the Articles of Incorporation, Bylaws, Rules and Regulations, or decisions madeby tile Association under authority granted in those documents shall be grounds for all attion torecover sums due for damages and/or other relief. Such an action may be maintained by theAssociation or by an aggrieved Unit Owner.

25. Availability of Documents: Financial Statements.

During normal business hours or under other reasonable circumstances, tile Associationshall have available for inspection by Unit Owners,.prospective purchasers, and holders, insurers,or guarantors of any first mortgage current copies of this Declaration, Articles oIncorporation,Bylaws, the most recent financial statements, and all Rules and Regulations governing the operationof the Condominium. Ally Owijer, holder, insurer, or guarantor smll, upon written request andwithout charge, be entitled to an audited financial statement, if required, fir the preceding year. Iftext is no audited statement available, any Owner, holdS, insurer, or guarantor may have all auditedstatement prepared at the Owner's, holder's, insurer's, or guarantor's expense. The statement shall betbrnished witlt a reasonable time following the request. At least annually, the Association shallprepare, or cause to be prepared, a financial statement of the Association in accordance withgenerally accepted accounting principles. The financial statements of the Condominium if consistingof fifty (50) or more Units shall be audited at least annually by a certified public accountant If the

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Condominium consists of fewer Than fifty (50) Units, an annual audit is also required but may bewaived in any given year by Unit Owners other than the Declarantto which sixty percent (60%) oftile votes are allocated, excluding the votes allocated to Unitä owned by the Declarant.

26. Free Transferability.Neither this Declaration, nor the Articles of Incorporation, Bylaws, or Rules and

Regulations of the Association shall contain a right of first refusal or similar restriction on the sale,transfer or conveyance of any Unit or any restriction on the right of an Owner to mortgage thatOwne? S Unit. It is hereby affirmatively provided that any Unit Owner may transfer his or her Unitfree of any such restriction.

27. Protective Covenants.Subject to reasonable Rules and Regulations adopted by the Board, the use of any Unit,

Common Element, or Limited Common Elemàt is restricted by the following covenants:

• (a) Antennas.No dish or other type of exterior antenna or receiver shall be allowed on any Unitor building in any maimer unless approved by the Board of Directors. (However,Association approval shall not be necessary for satellite receiving dishes beingless than 3.3' in diameter.)

(I,) Garba€e and Refuse.All garbage Md other waste shall be kept in appropriate sanitary containers forproper disposal nd shall be screened from view. Disposal of waste, yard rakings,

• such as rocks, lawn and shrubbery clippings, garbage, dirt or other materials ontoany adjoining premises or Common Element shall be subject to a $500 fine peroccurrence by the Association and payable to the Association. Except as providedby the Association, the removal and disposal oh!] suchmaterials shall be the soleresponsibility of the Unit Owner.

(c) Nuisances.No noxious or undesirable thing, or noxious or undesirable use, shall be pennittedor maintained within any Unit, or on any portion of the Property. lithe Board ofDirectors determines that a thing or use is. undesirable or noxious, thatdetermination shall be conclusive. Likewise, all Unit Owners shall be considerateof all other Unit Owners and shall limit noise from radios, televisions, sound andvideo systems, lawn mowers, etc., according to any Rules and Regulationsestablished by the Association. Violation ofany such Rule or Regulation shall bedeemed a nuisance.

(d) Pets. Livestock, and Poultry.

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No animals, livestock; orpoultry ofany kind shall be raised, bred, or kept in anyUnit acept that dogs, cats, or other indoor household pets which do not causeother neighbors concern may be kept, provided that they are not kept, bred, ormaintained for any commercial purpose (examples of unacceptable pets arepoisonous or large snakes or reptiles, such as boa constrictors or alligators). Noindividual Unit Owner(s) shall keep more than two (2) dogs, or two (2) cats, orone dog and one cat All dogs must be leashed when outdoors.

-

Furthermore, should the action of a Unit Owner's pet cause damage to anotherUnit Owner's property or Common or Limited Common Elements, the offendingpet's Owner must repair aád replace the damaged property or reimburse theinjured Unit Owner. for the damage. A petYs owner is responsible for removal ofany excrement left by his/her pet on another Unit Owner's property or anyCommon or Limited Common Element

(e) Business and Commercial useof Property Prohibited.No ft, ijsjes, or manufacturing enterprise, or business or commercialactivity of any kind shall be conducted or carried out in any house, garage, RVUnit, or with the Property itself; unless the fouowing conditions are met (I)the Unit associated with the business or commercial use must serve as the primaryresidence for that Unit's Owner; (2) no vehicle associated with a business orcommercial use shall be parked in the Limited Common Element parking spacefor more than two days; (3) the existence or operation of the business is notapparent or detectable by sight, sound, or smell from outside the Unit (4) thebusiness activity does not involve regular visitation of the Unit by clients,customers, suppliers, or other business invitees or door-to-door solicitation ofUnit Owners; and, (5) no goods equipment, vehicles, and/or materials or suppliesused in connection with any trade, service, or business shall be kept, parked, orstored outside of a Unit, or garage, for more than three days without beingremoved.

(f) Vehicle Parking Restrictions.Parking shall be permitted only in garages, or in Limited Common Elementparking spaces assigned to a unit. Commercial vehicles, tractors, mobile homes,recreational vehicles, trailers, campers, camper trailers, boats and boat trailersshall be parked only in enclosed garages. The Board shall require removal of anyinoperative or improperly licensed vehicle, or any unsightly vehicle, and anyother equipment or item improperly stored outside a garage. lithe same is notremoved, the Board shall cause removal at the risk and expense of the owner ofthe vehicle. Use of all unenclosed parking areas may be regulated by the Boardand is subject to the provisions of this Declaration.

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(g) Sales Facilities of Declarant.Notwithstanding any provision of this Declaration, the Declarant and its agents,employees, end contractors shall be permitted to maintain during the period of•sale of any unit in the Condominium, on such portion of the property as theDeólarant may choose, such fhciities as in the sole opinion of the Declarant maybe reasonably required, convenient or incidental to the construction and sale ofunits. Under this paragraph, the Declarant may maintain a business office,storage area, signs, model units, sales office, construction office, and parkingareas for all prospective purchases from the Declarant.

28. AssociatIon Amendments.

(a) ApnrovaLExcept as provided in certain sections of this Declaration and the Act, thisDeclaration, including the Survey Map and Plans, may be amended only byagreement of one hundred percent (1 00%) of the Unit Owners.

(1') Recording.When an amendment has been approved by the Owners, then the President of theAssociation shall forthwith cause a written instnzntent to be prepared,acknowledged, and recorded in Pierce County, Washington, setting forth theamendment and certifying when the amendment shall become effective. Noamendment shall be effective until recorded.

29. Transfer of Declarant's Rights.If Declarant shall transfer Declarant's rights prior to termination of Declaranfs rights,

Declarant shall record a transfer document with the Pierce County Auditor.

30. Power of Attorney to Amend to Meet Financing Requirements.Declarant, or its successors or assigns in title, may, prior to the time it has sold and closed

one hundred percent (100%) of the Units, amend this Declaration and the Survey Map and Plans byan instrument signed by Declarant alone, or its successors or assigns, in order to satisfy the lendingrequirements of the Veterans Administration, Federal National Mortgage Association, or theMortgage Corporation (also known as Federal Home Loan Mortgage Association); however, if atsuch time a Unit is subject to a mortgage insured by the Veterans Administration, then the priorwritten approval of the Veterans Administration shall be required before recording such amendment

31. Enforcement.Each Owner shall comply strictly with the provisions of this Declaration, the Bylaws, the Rules andRegulations, if any, for Berrywood Condominium Association (and as the same may be lawfullyamended from time to time), and with all decisions adopted pursuant to this Declaration, the Bylaws,and Rules and Regulations, if any. Failure to comply shall be grounds for an action to recover sums

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due for damages or irjunctive relig or both, maintained by the Board (acting through its officerson behalf of the Owners), or by an aggrieved Owner or the Association based on a failure to comply.Further, if any dispute should arise regarding the terms of this Declaration, the Articles ofIncorporation, the Bylaws, or any Rules or Regulations oldie Association, the prevailingparty shallrecover reasonable attorney's fees and costs, including those for appeals.

32. No Waiver of SfrictPerformanee.The failure of the Board in any one or more instances to insist on the strict performance

of this Declaration, the Bylaws, or the Rules and Regulations, if any, or to exercise any right oroption contained in such documents, or to serve any notice or to institute any action, shall not beconstrued as a waiver or a relinquishment for the future of such term, covenant, condition,restriction, rule, or regulation, but such shall remain in ftU force and effect The receipt by the Boardof any assessment by a Owner, with knowledge of any such breach shall not be deemed a waiver ofsuch breach. No waiver by the Board ofany provision hereof shall be deemed to have been madeunless expressed in writing and signed by the Board. This section also extends to the manager andto Declarant or Declarant's managing agent, exercising the powers of the Board during the Initialperiod of operation of tile Association and Condominium development

33. Termination of Condominium Title.This Condominium may be terminated only by agreement of the Unit Owners of Units

to which at least one hundred percent (100%) of the votes in the Association are allocated andholders of at least one hundred (100%) of the first mortgages (based on one vote for each firstmortgage owned). The procedures for termination must comply with the Act and as it is amended.Each Unit Owner by acceptance of that Owner's deed, irrevocably constitutes and appoints thePresident of the Board of Directors its true and lawful attorney in that Owner's name, place andstead, with the power to execute, acknowledge or verily, and file or record any and all documentsto effect such termination. Each Owner gives and grants unto such attorney in fact, fUll power andauthority to do and perform each and every act whatsoever requisite and necessary to be done in andabout the Property for such purposes and wholly and to all intents — purposes that the/he mightor could do if personally present with reect thereto. Each Owner also hereby ratifies and confirmsthat all that the attorney shall do or cause to be done, it being expressly understood that the foregoingpowers coupled with an interest and shall survive that conveyance by an Owner of that Owner'sinterest in the Unit Nothing herein contained shall require any person to investigate the authorityof the Board of Directors, or its successors or assigns, to execute any instrunient under the authorityof this power of attorney.

34. Declarant's Right to Amend by Adding Phases II, m, iV, V, Vi and Viiiand Reservation of Development Rights

This Condominium wifl be developed and established in more than one Phase. ThisDeclaration provides a description of the land within the Phases; the general common and limitedcommon elements for the Phases; and the units and buildings in Phases 1,11, III, IV, V, VI and VII.

Condominium DeclarationLDATAD\BuPileBenr'mOJCCndOmin3m Declaration Page 39 of 50

The Survey Map and Plans, filed simultaneously herewith, depicted (certified as built with respectto Phase I), the following:

(a) A survey of the sur&ce of Phases I through VII;

(1) The location of Phase I buildings;

(II) The plans of Phase I buildings showing as to each unit in Phase I thevertical and horiiontal boundaries, the location of all such units, and thenumber and dimensions of all such units. The provisions regarding PhaseI shall be effective immediately to establish Phase I (including the landand all.units, buildings and other improvements constructed thereon) asa Condominium under the Act The provisions regarding the subsequentPhase ihall not be effectivcto establish the subsequent Phase (includingthe land and all units, buildings and àther improvements constructedthereon) as a Condominium under the Act until Declarant records anamendinnt to the Declaration (and an amendment to the Survey Map andPlans, if necessary) pursuant to this Declaration.

(b) Declaration, Survey Map and Plans Amendments. For each subsequezt phasefollowing Phase I, the Declarafit sball execute and record an amendment to thisDeclaration stating that said subsequent phase (including the subsequent phaseland, and all units, building and other improvements thereon) is establishedas aCondominium under the Act. From and after the recording of said amendment,all of the land within Phase I and within the subsequent phases for which such anamendment has been recorded, together with all units, buildings and otherimprovements constructed thereon, shall constitute a single Condominiumpursuant to the Act and the provisions of this Declaration. In conjunction withsaid amendment to the Declaration, an updated S revised survey map or plans,or both shall be filed if the previous map and plans filed affecting or describingsaid subsequent phase lack required detail, certification or other matters requiredunder the Act. The Declarant is the unit owner of any units thereby created. Theamendment to the Declaration shall assignan identiting number to each new unitcreated, and reallocate the allocated interests among all units. The amendmentmust describe any common elements and any limited common elements therebycreated and, in the case of limited common elements, designate the unit to whicheach is allocated to the extent required by RCW 64.34.228. Development rightsmay be reserved within any real property added to the Condominium if theamendment adding that real property includes all matters required by RCW64.34.216 or 64.34.220, as the case may he, and the Survey Map and Plansinclude all matters required by RCW 64.34.232. This provision does not extendthe lime limit on the exercise of development rights imposed by this declaration.

Condominium DeclarationL\DATAflBRThMRilcABctiywoodtCdOThiniSm Page 40 of 50

(c) Common areas All cpinrnon areasfoieachihase will be utilized by unit owners•

of the next succeedinjphàà as itWéfablished, and the additional owners will,after the effective date of the subsequent phase, also share lathe expenses of suchcommon areas. Owners in a prior phase will utilize the common areas for thesubsequent phase and also share in.the óxpense thereof.

(d) Completion. Declarant shall complete the subsequent phase in accordance withthe plans and specifications prepared from time to time by or for Declarant andas approved from time to time by governmental authorities having jurisdictionthereof and by the lender or lenders financing the construction of a subsequentphase. Improvements within the subsequent phase. will be reasonably consistentwith improvements in the prior phase in terms of quality of construction.Completion of the subsequent phase will be pursued by Declarant asexpeditiously as reasonably possible, subject to delays for reasons (including, butnot limited to, financing àvailabiity..Iabor disputes, material shortages, and actsof God) reasonably beyond the control of Declarant. All improvements for thesubsequent phase will be substantially completed before such phase isincorporated into the Condominium by amendment as provided in thisDeclaration above.

(e) Allocated interesti It is specifically covenanted that•the allocated interest for• Phase.! are caläulated with respect to the Units within Phase I. At such time asthe additional phase is made effective by the filing of the above describedDeclaration Amendment by Declarant, the allocated interests thereafter effectivefor al units in Phase I and those added in the subsequent phase shall bereallocated as provided for in this Declaration.

(I) Assessments based on allocated interest for thases. All assessments for thevarious phases shall utilize and be based on the allocated interesis stated for that

• phase until the succeeding phase is activated and commenced. The DeclarantorBoard may upon the activation of any phase, based on the reallocation ofallocation interest, recompute the budget and the assessments, and impose the

• revised assessments.

(g) Easements for phaseddevelopments.

(I) In addition to thegeneral easements reserved by statute and by referencein other sections of this Declaration, there is reserved anon-exclusiveeasement in favor of Declarant (and Declaranfs heirs, successors, assignsand purchasers) oyer and across the Phase I land (and across the landdescribed herein, as hereafter amended, for the subsequently completedphase) for ingress and egress and over and across easements, roadways,

Condominium DeclarationAXAWBHUMR&tBOJCWIDiUThDCC1niOn Page 41 of 50

and utility lines specified or established in and for complete phases, andthe right to connect thereto is reserved. Such reservations are for thepurpdse either of completing the: subsequent phase, or otherwisedeveloping portions of the land for other purposes if not completed as aCondominium phase.

(ii) The easements reserved under this paragraph shall entitle the Declarant(and Declarant's heirs, successors, assigns) for development of eachsuccessive phase of the Condom iniwn, or for development and utilizationof the lands to have been included in any phase if such. lands are utilizedfor other purposes under the powers reserved to Declarant to tie intowater, sewer, storm sewer, electrical, gas, telephone or other utility linesof all vatieties to connect with roadways or utility systems developed andemplaced in the completed phase of the Condominium; and utilize anyrecreational facilities developed in the completed phase of theCondominium.

(iii) Declarant shall bear the cost of tie-ins to said utilities and roads and willnot connect with said utilities in a manner that impairs or significantlyreduces the quality of the utility service to the land described herein asPhase t.and for the land in a subsequently complete phase, provided, thatif said tie-ins cause an increase in the cost of delivering affected utilityservices to Phase I and for land in any subsequently complete phase, thatcost shall be borne by the Declarant

(iv) Any land which is not developed as a subsequent phase of theCondominium and which utilized and benefits from the utility, roadwayeasements and recreational tcility Served to Declarant hereunder, shallpursuant to an irrevocable covenant running with the land be obligated topay a prorata share (based on relative number of living units) of the costsof subsequent repairs, maintenance and operation of said utilities,roadways.

(v) Dclarant (and Declarant's heirs, successors and assigns) shall have anon-exclusive easement to construct and maintain (at any time and atDeclarant's sole cost and expense and in the exercise of t)eclarant's solediscretion and at such locations within Phase I and within thesubsequently completed phase of the Condominium as Declarant maydetermine) such signs as Declarant may deem necessary for theidentification of the name, location and direction, and for the sale orrenting of buildings and units regardless of whether such buildings andunits are located on land which is within a subsequent phase of the

Condominium DeclarationliDAtASflHD4iIe)BenywoodCc,4omithwn Page 42 of 50

Condominium or on land which the Declarant under powers reservedhereunder has elected not to develop as a phase of the Condominiuim

(Ii) Liens arising in connection with phase. At the time the amendment incorporatinga subsequent phase into the Condominium is mad; not lien arising in connectionwith the Declarants ownership o4 and construction of improvements upon thesubsequent phase land will adversely affect the rights of existing unit owners orthe priority of first mortgages on units in the existing Condominium property. Alltaxes, assessments, mechanics liens, and other charges uffecting a subsequentphase land will be paid or otherwise satisfactorily provided for by the Declarant.

(I) Withdrawal of subsequent nhase. 1f despite the aood thith efforts of Declarant,and for reasons (including, but not limited to, financing availability, labordisputes, material shortages and acts of God) beyond the reasonable control ofDeclarant, the subsequent phase is not completed and the amendment providedfor in this section is not recorded, then Declarant at any time may elect not toincorporate all or some of such subsequent phase into the subject Condominiumproject and elect not to record the amendment provided on in this Paragraph. Toeffectuate the foregoing, Declarant, upon its sole signature and without furtherconsent at any of the other owners being required, may tile such amendment tothis Declaration and to the Survey Map and Plans as is necessary to withdraw theland within uncompleted phase (and improvements constructed thereon) from theprovisions of this Declaration and to relinquish Declarant's rights under thisParagraph. In the event Peel arant should exercise its rights under this Paragraphto withdraw the land within uncompleted phase (and improvements thereon),from the provisions of this Declaration, then: the phase in fact completed shallthereafter continue to constitute a complete, filly operational Condominium; landwithin the uncompleted phase (and improvements thereon) may be used for anyother lawful purposes in Declarant's discretion; and the easements provided forin this section shall continue for the benefit of land within the uncompleted phaseand Declarant (and its heirs, successors and assigns) for the development andutilization of land within the uncompleted phase.

(j) LimitationofDeclarant's Rights.

(1) It is understood that the total project (if all seven (7) phases arecompleted) shall include Condominium residential units not exceeding 45in number.

(k) Withdrawal of DroDerty. Declarant shall have the right to withdraw real propertyfrom the Condominium as provided for in this Declaration subject to thefollowing limitations:

Condominium DeclarationItPATA'iYHDt.Riletaoo6CoadLnbñum Page 43 of 50

(1) if all the real property is sulject towithdrawal, and the Declaration orsurvey map or amendment thereto does not describe separate portions ofreal property subject to that right, none of the real property may bewithdrawn if a unit in that portion of the real property is owned by aperson other than the Declarant and

(il) If a portion or portions are subject to withdrawal as described in theDeclaration or in the survey map or in any amendment thereto, no portionmaybe withdrawn ifa unit in that portion of the real property is ownedby a person other than the Declarant.

(1) Differentpar&s: different times.

(1) Any development right may be exercised with respect to different parcelsof real property at different times.

(ii) No assurances are made as to final boundariesof such parcels or as to theorder in which those parcels may be subjected to the exercise of eachdevelopment right; and

(ill) Even though a development right is exercised in any portion of the realproperty subject to that right, that right need not be exercised in all or inany othdr portion of the remainder of that real property.

•(m) Exercise of development right To exercise any development right reservód underthis Declaration, the Declarant shall prepare, execute and record an amendmentto the Declaration as provided for hereunder and comply with RCW 64.34232.

(n) Termination of development rights. Except as otherwise provided in thisDeclaration, the foregoing development rights shall continue so long as theDeci nthas theright ddPhaseU, lII,IV, V, VI and VII as providedinthisDeclaration or so long as Declarant owns one or more units in the Condominium,whichever shall be the last to occur. The Declarant may voluntarily terminateany or all o such rights at any time by recording an amendment to theDeclaration, which amendment specifies which right is thereby terminated.

(o) Liability for damage. The Declarant is subject to liability for the prompt repairand restoration, to a condition compatible with the remainder of theCondominium, of any portion of the Condominium damaged by the exercise ofrights reserved by Declarant pursuant to or created by this Declaration or the Act.

Condominiuni DeclarationLDATA\D'BH}\RUCy\Da0JICQ04aUbIIUJU Page 44 of 50

(p) Declarant's easementà, Declarant reserves an easement through the commonolements as may be necessary for the purpose of discharging Declarant'sobligations or exercising special Declarant rights or development rightshereunder, whether arising under the Actor reserved in the Declaration.

35. Special Deelarant Eights.

(a) Reservation of Riçhts.Declarant, for itself and any successor Declarant, has reserved thefollowing Special Declarant rights:

(i) Complete improvements and otherwise perform work authorized by theDeclaration, indicated on the Survey Map and Plans, provided for underany purchase and sale agreement between Declarant and a Unit purchaser,necessary to satisfy any express or implied waxnnty under whichDeclarant is obligated, or otherwise authorized or required by law.

(ii) Maintain sales offices, management offices, signs advertising theCondominium, model Units, or any other facility in the sole opinion ofthe Declarant that may be reasonably required, convenient or incidentalto the construction,, sale orrental of Units and appurtenant interests. Anysuch facilities not designated as, a Unit by the Declaration isa CommonElement and, if Declarant ceases to be a Unit Owner, the Declarant ceasesto have any rights with regard thereto unless it is removed promptly fromthe Condominium, which Declarant shall have the right to do. Thenumber, size, location and relocation of such facilities shall be determinedfrom time to time, by Declarant in the exercise of its sole discretion;provided that the maintenance and use of such facilities shall notunreasonably interfere with a Unit Owner's use and enjoyment of the Unitand appurtenant Limited Common Elements, and those portions of theLimited Common Elements reasonably necessary to the use andenjoyment of such Unit and Limited Common Elements.

(iii) Use easements through Common Elements for the purpose of makingimprovements within the Condominium or within real propert whichmay be added to the Condominium.

(iv) Appointor remove any officer of tile Association or any member of theBoard of Directors during the period of Declarant control, as set forth insection 8 above.

Condominium DeclarationL'DATA\ SEW Rfley\Baz,rco&Co,tdomiaium Ddanliou Page 45 of 50

(v) Veto or approve a proposed action of the Board of Directors of theAssociation during the period of Declarant control, as set forth in sectionS above.

(b) Termination of Sbecial Declarant RiQhts.Unless voluntarily terminated by Declarant at an earlier date, the foregoingSpecial Declarant rights shall continue so long as Declarant is completingimprovements which are within or may be added to this Condominium, orDeclarant owns any Units, or any Development right remains in efibct, unlessotherwise stated as to a specific tight provided, any phasing rights shall terminatefour (4) years after the recording of the Declaration.

36. Covenant Running With Land.This Declaration shall be deemed to be a set of covenants running with the land which

shall be binding on the Declarant, its successors and assigns, and all subsequent Owners and tenantsof the Property, together with their grantees, successors, heirs, executors, administrators, devisees,or assigns. It shall be interpreted pursuant to the Act and shall operate independently of the Act,should the Act be inapplicable in any manner. Fwtber, the provisions of this Declaration shall beliberally construed to effectuate its purpose of creating a uniform plan for the development andoperation of die Condominium under the provisions of Washington law.

37. Cumulative Remedies.All remedies available to the Unit Owners, Board of Directors, and Association under the

terms of this Declaration are cumulative, and nothing in this Declaration shall be construed to limitany remedy available to any Unit Owner, the Board of Directors, or the Association provided forunder the laws of the State of Washington.

38. SeverabIlity.• If any provision of this Declaration or its application to any person a circumstance is heldinvalid, the remainder of the Declaration, or the application of the provisions to other persons orcircumstances is not affected.

IN WITNESS WhEREOF, the un4ersigned have caused this Declaration to be executedthis IL day of May, 2001.

Berzywood, L.L.C.,a Washington Limited Liability Company

BY.? xa7thiam Riley, Authorized M€mber

Condominium Declaration -

E\DAiA\D\BBMRBaood)CondomiDiw1 De&,zaiioa Pe 46 of 50

STATE OF WASHINGTON )

COUNTY OF PIERCE)ss)

I, THE UNpERSIGNED, a Notary Public in and for the State of Washington, do herebycertify that on this' day of May, 2001, personally appeared William Riley, to me known to bea Member of Beriywood, L.L.C. the within named limited liability company and acknowledged thewithin and foregoing instrument to be the free and voluntary act and deed of said limited liabilitycompany for the uses and puiposes therein contained, and on oath states that he is authorized toexecute said instrument.

IN WITNESS WHEREOF, I have hereunto set my and official seal, the day and year inthis certificate first above written.

Condominium DeclarationLATAW\B1OMRilABciwoo4CoqidomjSmn cc1aratiot Page 47 of 50

Printed Name: &g.rha4r 2. &frcaar)NOTARY PUBLIC in and for the State ofWashington residing at (LytiiIcc9My commission expires: 6t-1QSO'>—

St

EXhIBIT "A"TO

DECLARATION OF COVENANTS,CONDITIONS AliT) RESTRICTIONS

FORBerrywood, a condominium

DESCRIPTION OF THE LAND FOR PHASE 1:

A PARCEL OF LAN) LOCATED IN THE NORTHEAST QUARTER OF SECTION 34,TOWNSHIP 20 NORTH; RANGE 4 EAST OF THE W.M., CITY OF PUYALLUP, PIERCECOUNTY, WASHINGTON AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 34; THENCESOUTH 01°02'04" WEST, ALONG THE WEST LINE OF SAIl) NORTHEAST QUARTER,232.30 FEET; THENCE SOUTH 88°2053" EAST 105.88 FEET TO THE EASTERLYRIGHT-OF-WAY MARGIN OF 9 AVENUE SOUTHEAST AND THE POINT OF BEGINNING; THENCECONTINUING SOUTH 88°20'53" EAST 169.69 FEET; THENCE NORTH O0"5527" EAST 204.42FEET TO THE SOUTHERLY MARGIN OF 9" AVENUE SOUTHEAST; THENCE NORTH89°04'33" WEST 29.73 FEET TO THE BEGINNING OF A 120.00 FOOT RADIUS CURVE,CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAIDCURVE THROUGH A CENTRAL ANGLE OF 78°07I1", A DISTANCE OF 163.61 FEET;THENCE SOUTH 12°48'16° WEST 109.31 FEET TO THE POINT OF BEGINNING.

DESCRIPTION OF THE LAND WITHiN ALL PHASES:

PARCEL A: (042034-1-118)

BEGINNING AT THE QUARTER SECTION CORNER BETWEEN SECTIONS 27 AND 34,TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE V.tLIAMEflE MERIDIAN: THENCESOUTH ON THE NORTH AND SOUTH CENTER LINE OF SECTION .34, 232.56 FEET;THENCE EAST 393.30 FEET, MORE OR LESS, THENCE NORTH 232.56 FEET; THENCEWEST 393.4 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION THEREOFCONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDERRECORDING NUMBER 2354820.SITUATE IN THE CITY OF PUYALLUP, COUNTY OF PIERCE, STATE OF WASHINGTON

PARCEL B: (042034-1-127)

BEGINNING 393.30 FEET EAST OF THE NORTHWEST CORNER OF THE NORTHWESTQUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 20 NORTH,RANGE 4 EAST OF THE WILLIAMETFE MERIDIAN: THENCE EAST 271.6 FEET TO THE

Condominium Declaration8:\DATA\D'DIW}&RDwoocodmbjnuDccIando Page 48 of 50

EAST LINE OF THE NORTHWEST QUARTER OF TEE NORTHWEST QUARTER OF THENORTHEAST QUARTER OP SAID SECTION 34, TOWNSHIP 20 NORTH, RANGE 4 EAST

OP THE WILLAMETTE MERIDIAN; THENCE SOUTH ALONG SAID EAST LINE 233.04FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT CERTAIN PROPERTYCONVEYED TO ABLOT I. DUNCAN AND JULIA M: DUNCAN, HIS WIFE, BY DEEDRECORDED UNDER RECORDING NUMBER 1831495; THENCE WEST 271.6 FEET TOTHE NORTHWEST CORNER OF SAID DUNCAN PROPERTY; THENCE NORTH 233.4FBET, MORE OR LESS, PARALLEL WITH SAID EAST LINE OF THE NORTHWESTQUARTER OF THE NORTHWEST QUARTER OP TEE NORTHEAST QUARTER OP SAIDSECTION 34 TO TEE POINT OF BEGINNTNG; EXCEPT THAT PORTION THEREOFCONVEYED TO THE STATE OF WASHINGTON BY DEE]) RECORDED UNDERRECORDING NUMBER 2348493. ALSO EXCEPT THAT PORTION THEREOFCONVEYED TO TEE CITY OP PUYALLUP, BE DEED RECORDED UNDER RECORDINGNUMBER 200105210724. SITUATE IN THE CITY OF PUYALLUP, COUNTY OP PIERCE,STATE OP WASHINGTON.

1:2612t\Dccs4tps\LegaADraftS\s$05-22-O1

Condominium DeclarationPage 49 of 50

EXRIBITW•

TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS

FORBerrywood, a Condominium

The various unit types of the Condominium Units are as follows;

Unit Numbers

.

Unit Types ApproximateSquareFoota°eC

AllocatedInterest

.

SquareFootage inGangeLimitedCommonElement

Bldg.A#1O1 A 1,099 1/9th 429

BIdg.A#201 B 1,092 1/9th 405

BIdg.A#202 C 1,095 1/9th 414

Bldg.B.#101 A 1,085 1/9th .429

Bldg.B.#102 A 1,085 1/9th 429

Bldg. B. #201 B 1,081 1/9th 414

Bldg. B. #202 B 1,081 1/9th 384

Bldg. B. #203 C 1,077 1/9th 384

Bldg. B. #204 C 1,079 1/9th 414

Condominium DeclarationIDATA\D\B1W'M.fl,t3e,todCondo&Sa ThclmLoe Page 50 of 50

Unit Type Rooms

A 2 bedrooms, 2 baths, fireplace, living room, dining room, kitchen, whoseoutside dimensions are approximately 1,090 square feet per floor

B 3 bedrooms (or 2 bedrooms and a den), 2 baths, fireplace, living room,dining room, kitchen, whoS outside dimensions are approximately 1,100square feet per floor

C 2 bedroom, 2 baths, fireplace, living room, dining room, kitchen, whoseoutside dimensions are approximately 1,090 square feet per floor

AFTEItRBcORDmGRETURNT0:

B:errywood Joint VentureP,O. Box 73144Pizyallup, Washington 98373Attn: Mr. Jeny Flansburg

DECLARATION OF EASEMENT AM) COVENANTa.MAINTENANCE AGREEMENT

Grantor: Berrywood 3?t Venture

Grantee: City of Puyaliup, a Washington municipal corporation

LegalDescription:

NW •'/*Abbreviated: See EkLaL,+ A

Fulk See Exhibits A and B attached hereto

Tax Assessor's Parcel No.: os/20 Lf... I -I/3 and 1" Iii

IN CONSIDERATION OF the approved City of Puyallup permit fbr application No.yi-.j-oap relating to real property legally described on Exhibit A attached hereto (the"Easement Area"), the undersigned, as Grantor, deolares that the property described onExhibit Ais hereby subject an easement foranatural or constructed stormwatertreatment andconveyance system (the "System") and hereby dedicates, covenants and agrees as follows:

1. Right of Access. The City of Puyallup shall have the right to ingress and egressover those portions of the real property legally described on Exhibit B attachedhereto (the 'Property") not contained in the Easement Area to access the EasementArea for inspection of and to reasonably monitor the System for performance,operational flows or defects.

EXCISE TAX EXEMPT DATEiFIPierce County

-1- Auth.SiQ

2. Maintenance of System. Grantor shall perform all routine maintenance of theSystem, including inspection at regular intervals and cleaning when necessary, andrepairs of any portions of the System that are in need of repair.

3. Notice of Required Maintenance and Repair Work. If the City of Puyallupdetermines that maintenance or repair work is required to be done to the System,the Managei of the Surthce Water Management Division of the Department ofPublic Works shall give notice to Grantor at the address set forth below of thespecific maintenance and/or repair required to be performed. The notice shallinclude a reasonable time in which such work is to be completed by Grantor, itsheirs, successors or assigns. If the above required maintenance and/or repair is notcompleted within the time set forth in the notice, the City of Puyallup may performthe required maintenance and/or repair. The City of Puyallup shall send writtennotice to Grantor stating that the City of Puyallup intends to perform suchmaintenance. The City Of Puyallup shall not commence such maintenance workuntil at least seven (7) days after such notice is mailed, If, within the solediscretion of the Surface Water management Division Manager, there exists aninmünent or present danger, said seyen (7) day notice period will be waived andmaintenance and/or repair work will begin immediately.

4. Cost of Maintenance and Repair of System. Grantor shall assume all responsibilityfor the cost of any maintenance and for repairs to the system. Such responsibilityshall include reimburse to the City of Puyallup within thirty (30) days of thereceipt of the invoice for any work performed by the City of Puyallup nnderSection 3 above. Overdue payments will require payment of interest at the currentlegal rate as liquidated damages. If legal action ensues, the prevailing party isentitled to costs or fees.

5. Duration of Easement and Covenant; Binding on Successors and Assiwis. Theeasement and covenant granted, conveyed and established by the introductoryparagraph of this Declaration will be a covenant running with the land. Thiscovenant is intended to protect thevalue of desirability of the Property, and shallinsure to the benefit all the citizens of the City of Puyallup, and shall be binding onall heirs, successors and assigns.

6. Entire Agreement This Declaration constitutes the entire agreement between theparties, and supersedes all prior discussions, negotiations, and all agreementswhatsoever whether oral or written. This Declaration may not be modified exceptby a written agreement between the parties hereto or their successors or assigns.

-2-

7. Governing Law. This Declaration shall be construed in accordance with andgoverned by the laws of the State of Washington.

DATEDth1s !SMdayofZJtJt7c .2000.

GRANTOIt

Bewywood Joint Ventuie

By:.Its:

GRANTEE:

CITY OP PUYAILLLUP,A Washington municipal corporation

By:Its:

-3-

EXHIBIT ATO

DECLARATION OF EASEMENT AM) COVENANT

Legal Description of Easement Area

PARCEL A: (042034-1-118)

BEGINNING AT THE QUARTER SECTION CORNER BETWEEN SECTIONS 27 AND34, TOWNSHIP 20 NORTH RANGE 4 EAST OF THE WILLAMEflE MERIDIAN;THENCE SOUTH ON THE NORTH AND SOUTH CENTER LINE OF SECTION 34,232.56 FEET; THENCE EAST 393.30 FEET, MORE OR LESS; THENCE NORTH 232.56FEET; THENCE WEST 393.4 FEET TO THE POINT OF BEGINNING.

EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTONBY DEED RECORDED UNDER RECORDING NUMBER 2354820.

SITUATE IN THE CITY OF PUYALLUP, COUNTY OF PiERCE, STATE OFWASHINGTON.

PARCEL B: (042034-1-127)

BEGINNING 393.30 FEET EAST OF: THE NORTHWEST CORNER OF. THENORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34,TOWNSHIP 20 NORTh, RANGE 4 EAST OF THE WILLAMETFE MERIDIAN; THENCEEAST 271.6 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF THENORTHWEST QUARTER OF SAID SECTION 34, TOWNSHIP 20 NORTH, RANGE 4EAST OP THE WILLAMETTE MERIDIAN; THENCE SOUTH ALONG SAID EASTLINE 233.04 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THATCERTAIN PROPERTY CONVEYED TO ARLOT J. DUNCAN AND JULIA M. DUNCAN,HIS WIFE, BY DEED RECORDED UNDER RECORDING NUMBER 1831495; THENCEWEST 271.6 FEET TO THE NORTHWEST CORNER OF SAID DUNCAN PROPERTY;THENCE NORTH 233.4 FEET, MORE OR LESS, PARALLEL wirn THE SAID EASTLINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THENORTHEAST QUARTER OF SAID SECTION 34 TO THE POINT OF BEGINNING;

EXCEPT THAT PORTION THEREOF COtIVEYBD TO THE STATE OF WASHINGTONBY DEED RECORDED UNDER RECORDING NUMBER 2348493.

SITUATE IN THE CITY OF PUYALLUP, COUNTY OF PiERCE, STATE OPWASHINGTON.

A-i

-— —

EXHIBITETO DECLARATION OF EASEMENT AN]) COVENANT

Legal Description of Property

PARCEL A: (042034-1-118)

BEGINNING AT THE QUARTER SECTION CORNER BETWEEN SECTIONS 27 AND34, TOWNSHIP 20 NORTH; RANGE 4 EAST OF THE WILLAMETFE MERIDIAN;THENCE SOUTH ON THE NORTH AND SOtTIH CENTER LINE OF SECTION 34,232.56 FEET; THENCE EAST 393.30 FEET, MORE OR LESS; THENCE NORTH 232.56FEET; THENCE WEST 393.4 FEET TO THE POINT OF BEGINNING.

EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTONBYDEEDRECORDED.UNDER RECOBDINGNTJMBER 2354820.

SITUATE IN THE CITY OF PUYALLUP, COUNTY OF PIERCE, STATE OPWASHINGTON,

PARCEL B: (042034-1-127)

BEGINNING 393.30 FEET EAST OIL, THE NORTHWEST CORNER OF THENORTHWEST QUARTER OF TUE NORTHEAST QUARTER OP SECTION 34,TOWNSHIP 20 NORT RANGE 4 EAST OF THE WILLAMEflE MERIDIAN; THENCEEAST 271.6 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF THENORTHWEST QUARTER OF SAID SECTION 34, TOWNSHIP 20 NORTh, RANGE 4EAST OF THE WILLAMETFE MERIDIAN; THENCE SOUTH ALONG SAil) EASTLINE 233.04 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OP THATCERTAIN PROPERTY CONVEYED TO ARLOT J. DUNCAN AND JULIA M. DUNCAN,HIS WIFE, BY DEED RECORDED UNDER RECORDING NUMBER 1831495; THENCEWEST 271.6 FEET TO THE NORTHWEST CORNER OF SAID DUNCAN PROPERTY;THENCE NORTH 233.4 FEET, MORE OR LESS, PARALLEL WITH THE SAID EASTLINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THENORTHEAST QUARTER OF SAID SECTION 34 TO THE POINT OF BEGINNING;

EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTONBY DEED RECORDED UNDER RECORDING NUMBER 2348493.

SITUATE IN THE CITY OF PUYALLUP, COUNTY OF PIERCE, STATE OFWASHINGTON.

n-I

Current Unaudited Financial Documents




Assets Unrestricted Accounts 1020 - Operating Account AAB $5,402.23 Unrestricted Accounts Total $5,402.23 Restricted Accounts 1220 - Reserve Account AAB $162,047.38 Restricted Accounts Total $162,047.38 AR 2000 - Accounts Receivable $455.12 AR Total $455.12 Current Asset 2500 - Estimated Tax Deposits $220.00 2600 - Prepaid Insurance $3,443.49 2700 - Prepaid Expenses $441.86 2900 - Due to/from Operating ($10,000.00) 2950 - Due to/from Reserves $10,000.00 Current Asset Total $4,105.35 Assets Total $172,010.08

Liabilities and Equity Current Liability 3000 - Accounts Payable $6,149.32 3200 - Prepaid Assessments $8,447.59 Current Liability Total $14,596.91 Equity 4000 - Members Equity $125,274.11 4100 - Reserve Fund $87,334.66 Equity Total $212,608.77 Net Income ($55,195.60) Liabilities & Equity Total $172,010.08

Page 1 of 1

10/18/2017


9/1/2017 - 9/30/2017

9/1/2017 - 9/30/2017 Year To Date

IncomeIncome5010 - Assessments $14,391.90 $129,527.105020 - Late Fees $50.00 $225.005030 - Finance Charges $4.00 $68.935040 - Return Item Fee $0.00 $4.005060 - Violation Fine $0.00 $25.005900 - Interest Income - Operations $0.64 $13.52Total Income $14,446.54 $129,863.55 Total Income $14,446.54 $129,863.55 ExpenseAdministration Expense6150 - Accounting & Audit Fees $0.00 $2,200.006200 - Bank Fees $0.00 $4.006350 - Insurance Expense $1,401.41 $13,992.586400 - Legal Fees - General $109.50 $6,115.506450 - Management Fees $3,386.49 $20,253.636500 - Office Supplies $136.22 $719.416550 - License $0.00 $10.006600 - Reserve Study $0.00 $1,130.00Total Administration Expense $5,033.62 $44,425.12 Operation Expense7050 - Landscaping $1,362.76 $11,660.537100 - Repairs & Maintenance $0.00 $5,920.367400 - Water $2,494.48 $9,556.737700 - Sewer $3,310.11 $16,999.637800 - Stormwater $524.26 $2,590.947850 - Landfill Fee $29.04 $145.207920 - Fire Alarm Monitoring $0.00 $1,680.007930 - Fire Extinguisher Inspection $0.00 $387.73Total Operation Expense $7,720.65 $48,941.12 Other Expense9600 - Insurance Claim Expenses $0.00 $3,604.66Total Other Expense $0.00 $3,604.66 Total Expense $12,754.27 $96,970.90 Operating Net Income $1,692.27 $32,892.65 Reserve IncomeReserves8500 - Interest Income - Reserves $59.29 $407.26Total Reserves $59.29 $407.26 Total Reserve Income $59.29 $407.26

Page 1 of 2

10/18/2017

Reserve ExpenseReserves9000 - Reserve Allocation $5,000.00 $35,000.009500 - Reserve Projects $0.00 $53,495.51Total Reserves $5,000.00 $88,495.51 Total Reserve Expense $5,000.00 $88,495.51 Reserve Net Income ($4,940.71) ($88,088.25) Net Income ($3,248.44) ($55,195.60)


9/1/2017 - 9/30/2017

9/1/2017 - 9/30/2017 Year To Date

Page 2 of 2

10/18/2017

Insurance Dec Page


Your Insurance Coverage SummaryAMERICAN FAMILY MT]TUAL INSI]RANCE COMPA¡IY

Advance Notice of Renewal Premium

January 31,2017 AMERICA]I FAMITY@r

065-357 g4ooooozo¿Aool¡ozr 36BERRYI.IOOD CONDOMINIUM ASSOCIATTONPO BoX 731733PUYALLUP, ItA 98373-0018

BERRYWOOD CONDOMINIUM ASSOCIATION

Thank you fo_r allowing American Family to insure yoiu business. We appreciate your trust andconfìdence. Listed below are the principal coveragds and limits that wilfápply foithe renewalterm shown on this coverage suminary letter. Pleãse take a minute to reviéw ihem to be sure theyare adequate for your needs. If you would like to discuss your policy coverages and limits, or if 'you have any questions, please don't hesitate to contact me.

Policy Period: 03-24-2017 TO 03-24-20t8Customer Billing Account: 020-287-355 99

Polícy Type: BUSINESSOI{NERS POLICYPollcy Number z 46X2944402Total Advance RenewaL Premium:

PLEASE DO NOT SEND MONBY *.* INFORMATIONAL ONTY

$ 16,312 .00

TotaL Advance Renewal Premium Sumnary:

Hlred Auto and Non-Owned Auto Liabílity1OO2 gTH AVEPUYALLUP, I{A

1OO2 9TH AVEPUYALLUP, I,IA

1OO2 9TH AVEPUYALLUP, I{A

1OO2 9TH AVEPUYALLUP, l{A

1OO2 9TH AVEPUYALLUP, I{A

1OO2 9TH AVEPUYALLUP, }¡A

7 LOO? 9TH AVE SB BLDG GPUYALLUP, t{A 98372-4994

8 1OO2 9TH AVE SE BIDG HPUYALLUP, l,IA 98372'4994

Premíses

Premises

Pre¡nlses

Premises

Premises

Premises

Premises

Premlses

1

2

3

4

5

6

SE BLDG A98372-4994

SE BLDG B98372-4994

SE BLDG C98372-4994

SE BIDG D98372-4994

SE BLDG E98372-4994

SE BLDG F98372-4994

$ r.e0 . 00

$1,513.00

$2,087 . 00

$2,087 . 00

$2,087 .00

$2,087 .00

$2,087 .00

$2,087 . 00

$2,087 .00

Certified Acts of Terrorlsm

continuad Page 1

Your Insurance Coverøge SummøryAMERICAI\ F',A.MILY MUTUAL INSURANCE COMPA¡¡Y


If you accepted the offer of coverage, this premium islncluded ín the Total Advance Premíum.

Certífied Acts of Terrorism Exclusíon - Fl-re Exception

If you rejected the offer of coverage and have propertyínsured by American Famíly ín flllnois, Iowa, Mlssõurí,Oregon, I,lashíngton, or Wisconsin, thís premíum ísíncluded ín the Total Advance Premíum.

065-557 00000007064001503tl36BERRY}JOOI' CONDO}IINIUI'I ASSOCIATTON

46X2944402

section I PFoÞeFtv CoveFeqe

Description of PnenisesPremíses No. 1Locatíon 1002 gTH A

PUYALLUP,

Certified Acts of Terrorism

Alternate PremiumCertífíed Acts of Terrorísm

Fíre 0nLy

Description Of PnemisesPremíses No. 2Location 1002 gTH A

PUYALLUP,

VE SE BLDG AI{A 98372-4994

VE SE BLDG BwA 98372-4994

AMERICAT{ FAMILY@.

$662 .00

$60 .00

Limit Of Insunance

$44

$84

$1,067,235

OccupancyCondomíníum Assoclatíon - Residentíal wlthout MercantileNumber Of Unlts 3Buílding Interest Leased to OthersConstruction Frame

$4

Buildings, Auxillary Bulldings/Structures, Business Personal" Propertyand Auxíliary Buíldíngs Busíness Personal Property may have beenincreased by lnflation protectíon.

Buílding $605,606Replacement Cost

OccupancyCondomíníum Assocíatíon - Residential without Mercantil-eNumber 0f Units 6Building Interest Leased to OthersConstruction Frame

Certifled Acts of Terrorism

Alternate PremíumCertified Acts of Terrorism

Fíre Only

$8

Buildíngs, Auxllíary Buíldíngs/Structures, Busíness Personal Propertyand Auxiliary Buildíngs Busíñess Personal Property may have beenincreased by ínflatíon protection.

Buil"dingReplacenent Cost

Description Of PnemisesPremíses No. 3Locatlon L002 9TH AVE SE BLDG C

continued Page 2

Your Insurance Coverage SummøryAMERICAN F'AMILY MUTUAL INSURANCE COMPA¡IY

Adv¡nce Notice of Renewal Premium

065-357 0000000706400r504x56BERRYTIOOD CONIIOI'IINIUI'I ASSOCIATION46X2944402

PUYALIUP, I{A 98372-4994OccupancyCondomíníum Associatfon - Resldentíal wlthout MercantileNumber Of Uníts 6Bulldlng Interest Leased to OthersConstructlon Frame

Certifled Acts of lerrorísmALternate PremiumCertífíed Acts of TerrorLsm

Fire 0nly

BuildingReplacement Cost

Description Of PnenisesPremfses No. 4Locatíon 1002 9TH AVE SE BtDc D

PUYALLUP, t{A 98372-49940ccupancyCondomíníum Assoclation - Resídentíal without MercantÍleNumber 0f Unlts 6Buíl-dlng Interest Leased to OthersConstruction Frame

Certífied Acts of lerrorlsmAlternate PremiumCertífíed Acts of Terrorism

Fire Only

$8

Certifíed Acts of Terrorísm

Alternate PremlumCertífíed Acts of Terrorlsm

Fíre OnIy

AMERICA]I FAMILY@.

$ 1,067 , 235

$84

$84

$8

Buildlngs, AuxfLlary Bulldings/Structures, Busíness Perqonal Propertyand Auxiliary BuíIdíngs Busíñess Personal Property rnay have been-íncreased by ínflatíon protectlon.

Bulldings, Auxiliary Bulldíngs/Structures, Business Personal Propertyand Auxíliary Buildíngs Buslñess Personal Property may have beeníncreased by ínflatíon protectíon.

Bullding $1,067,235Replacement Cost

Ilescription Of PremisesPremíses No. 5Location 1002 9TH AVE SE BLDG E

PUYALLUP, I,IA 98372-4994OccupancyCondomínium Assocíatlon - ResidentíaL wlthout Mercantl-leNumber Of Uníts 6Buildíng Interest Leased to OthersConstruction Frame

$84

Buíldand A

$8

íngs, Auxilíary Bulldlngs/Structures, Business Personal Propertyuxlllary Buíldings Business Personal Property may have been

continued Page 3

Your Insurønce Coverøge SummøryAMERICAN T'AMILY MI-ITUAL INSURANCE COMPANY


065-357 0000000706400r505Y36BERRYIIOOD CONDOI'IINIUII ASSOCIÄTION46X294(t402

increased by inflatíon protectíon.

BuildíngReplacement Cost

Descniption Of PrenisesPremíses No. 6Locatlon l-002 9TH AVE SE BLDG F

PUYAILUP, t{A 98372-4994

llescription of PrenisesPremíses No. 7Location 1002 9TH AVE SE BLDG G

PUYALLUP, tIA 98372-4994

Alternate PremíumGertífíed Acts of lerrorlsm

Fire Onl"y

0ccupancyCondomíníum Association - Resldentlal wlthout MercantíleNumber 0f Uníts 6Bullding Interest Leased to OthersConstruction Fr¿ne

Gertífíed Acts of Terrorlsn

ALternate PremlumCertífíed Acts of Terrorism

Flre Only

$8

VE SE BLDG HI,IA 98372'4994

AMERICA]I FAMILY@

$ 1, 067 , 235

$1,067,235

$84

$84

Buíldings, Auxilíary Buíldíngs/Structures, Business PersonaL Propertyand Auxiliary Bulldlings Busiñess Personal-Property may have been'increased by ínflation protectíon.

BulldlngReplacement Cost

OccupancyGondomíníum Assocfatíon - Residential without MercantileNumber Of Units 6Buílding Interest Leased to OthersConstruction Frame

Certífled Acts of Terrorism

$8

Buíldings, Auxllíary Buildings/Structures, Busíness Personal Propertyand AuxilÍary Buíldings Buslñe3s Personal-Property may have been'increased by ínflatíon protection.

Buildlng $1,067,235Replacement Cost

Description Of PnenisesPremíses No. ILocation 1002 9TH A

PUYALLUP,OccupancyCondomínium Assoclatíon - Residentíal without MercantlleNumber Of UnÍts 6Buíldlng Interest Leased to OthersConstructíon Frame

continued Page 4

Your Insurance Coverage SummaryAMERICAN FAMILY MUTUAL INST]RANCE COMPAI\Y


065-357 00000007064001506236BERRYTIOOD CONDOI.IINIUII ASSOCIATION46X2944402

Líabtlíty And MedPremises tPremises 2Premises 3Prenises 4Premises 5Premíses 6Premíses 7Premises I

ical ExpensesMedlcal ExpensesMedícal ExpensesMedícal ExpensesMedícal ExpensesMedícal BxpensesMedícal ExpensesMedlcal ExpensesMedlcal Expenses

AMERICAT{ FAMITY@.

$84

$30

Certífled Acts of Terrorism

ALternate PremíumCertífied Acts of Terrorism

Fíre Only$8

Buildings, Auxiliary Buildings/Structures, Business Personal- Propertyand Auxlliary Buíldings Busíñess Personal Property may have beenincreased by- ínflatioñ protectíon.

BuiLdlngReplacement Cost

$ 1, 067 , 235

Section II Liabilitv And Uedical Expenses Goveraqe Limit Of Insunance

Aggregate tÍmlt(Other Than Products Completed Operatlons) $4,000r000

Products-Completed 0peratlons Aggregate Limit $4,0001000

Damage To Premlses Rented To You $50,000

$2 ,000,000$5,000$5,000$5, ooo$5, ooo$5, ooo$5, ooo$5, ooo$5,000

AnyAnyAnyAnyAnyAnyAnyAny

0neOne0neOneOneOneOneOne

PersonPersonPersonPersonPersonPersonPersonPerson

Certifíed Acts of Terrorism

Thank You"

STEVE WEIDBNBACH

Phone: (509) 933-2200

*****Thís coverage sumnary does not represent contract terns.

Consult the polícy for "p..i$i$odeffnitfons and linítatíons.The renewal prenfun shown ii**$" your next polícy period.

You nay recelve separqte advance notlce of renewal premlunif you have other Comnerclal Lines polícíes.-

'l**x*Thls coverage sumnary may not show aLl coverages andlíníts on your policy.*****

Page 5

Litigation


Reserve Reports


Prepared by: Nathan Rupcich Date: 10/17/2017

Assessment and Reserve Funding Disclosure Summary

Berrywood, Puyallup

For Fiscal Year Beginning: 1/1/2018 # of units: 45

1) Budgeted Amounts: Total Average Per Unit*Reserve Contributions: $5,565.00 $123.67

Total Assessment Income: $14,535.00 $323.00 per: Month

Recommended Amounts: Total Average Per Unit*Reserve Contributions: $6,910.00 $153.56 per: Month

Special Assessment: $0.00 $0.00 # years: 0

Funding Plan Objective: Full Funding

2) Additional assessments that have already been scheduled to be imposed or charged, regardless of the purpose, if theyhave been approved by the board and/or members:

Due Date Total Amount Per Unit* PurposeTotal: $0.00

3) Based on the most recent Reserve Study and other information available to the Board of Directors, at this point in timedoes it appear that currently projected Reserve account balances will be sufficient at the end of each year to meet theassociation's obligation for repair and/or replacement of major components during the next 30 years? Yes

4) If the answer to #3 is no, what additional assessments or other contributions/loans to Reserves would be necessary toensure that sufficient Reserve Funds will be available each year during the next 30 years?

Approximate Fiscal Year AssessmentWill Be Due

Average Total Amount Per Unit*

Total: $0.00

5) All major components appropriate for Reserve Funding (components that are a common area maintenance responsibilitywith a limited life expectancy and predictable remaining useful life, above a minimum threshold cost of significance) areincluded in this Reserve Funding Plan: Yes

6) All computations/disclosures are based on the fiscal year start date of: 1/1/2018Fully Funded Balance (based on RCW 64.34.020(24) or RCW64.38.010(9)):

$691,784

Projected Reserve Fund Balance: $176,765Percent Funded: 25.6 %Reserve Deficit (surplus) on a mathematical avg-per-unit* basis: $11,445From the 4/25/2017 Reserve Study by Association Reserves and any minor changes since that date.

* If assessments vary by the size or type of unit, allocate per unit per the attached.

7) See attached 30-yr Summary Table, showing the projected Reserve Funding Plan, Reserve Balance, Percent Funded,and assumptions for interest and inflation.

The financial representations at the time of preparation are based on the Reserve Study for the fiscal year shown at thetop of this page and the best estimates of the preparer. These estimates should be expected to change from year toyear. Some information on this form has been provided to Association Reserves, and has not been independentlyverified.


11641-430-Year Reserve Plan as Recommended by Reserve Study Provider




%Increase



2018 $176,765 $691,784 25.6 % High 38.20 % $82,920 $0 $1,548 $128,350

2019 $132,883 $636,077 20.9 % High 3.00 % $85,408 $0 $1,764 $0

2020 $220,054 $712,571 30.9 % Medium 3.00 % $87,970 $0 $2,653 $0

2021 $310,676 $793,083 39.2 % Medium 3.00 % $90,609 $0 $3,214 $72,120

2022 $332,379 $803,501 41.4 % Medium 3.00 % $93,327 $0 $3,808 $0

2023 $429,514 $890,342 48.2 % Medium 3.00 % $96,127 $0 $4,725 $14,549

2024 $515,817 $966,685 53.4 % Medium 3.00 % $99,011 $0 $5,287 $78,151

2025 $541,964 $981,747 55.2 % Medium 3.00 % $101,981 $0 $5,957 $0

2026 $649,902 $1,079,752 60.2 % Medium 3.00 % $105,041 $0 $5,241 $361,346

2027 $398,838 $810,568 49.2 % Medium 3.00 % $108,192 $0 $3,138 $281,048

2028 $229,120 $618,134 37.1 % Medium 3.00 % $111,438 $0 $2,777 $16,866

2029 $326,468 $694,216 47.0 % Medium 3.00 % $114,781 $0 $3,856 $0

2030 $445,105 $792,200 56.2 % Medium 3.00 % $118,224 $0 $4,615 $89,609

2031 $478,335 $803,140 59.6 % Medium 3.00 % $121,771 $0 $5,398 $3,818

2032 $601,686 $905,158 66.5 % Medium 3.00 % $125,424 $0 $6,675 $0

2033 $733,784 $1,016,625 72.2 % Low 3.00 % $129,187 $0 $7,355 $132,427

2034 $737,899 $997,565 74.0 % Low 3.00 % $133,062 $0 $8,081 $0

2035 $879,042 $1,116,938 78.7 % Low 3.00 % $137,054 $0 $9,519 $0

2036 $1,025,616 $1,242,576 82.5 % Low 3.00 % $141,166 $0 $10,398 $122,235

2037 $1,054,945 $1,248,845 84.5 % Low 3.00 % $145,401 $0 $11,328 $0

2038 $1,211,674 $1,384,051 87.5 % Low 3.00 % $149,763 $0 $12,811 $22,667

2039 $1,351,581 $1,502,899 89.9 % Low 3.00 % $154,256 $0 $14,295 $11,534

2040 $1,508,598 $1,639,799 92.0 % Low 3.00 % $158,883 $0 $15,953 $0

2041 $1,683,434 $1,795,797 93.7 % Low 3.00 % $163,650 $0 $17,141 $118,020

2042 $1,746,204 $1,838,118 95.0 % Low 3.00 % $168,559 $0 $17,679 $141,381

2043 $1,791,062 $1,860,947 96.2 % Low 3.00 % $173,616 $0 $18,733 $26,277

2044 $1,957,134 $2,006,418 97.5 % Low 3.00 % $178,825 $0 $20,531 $5,607

2045 $2,150,883 $2,181,043 98.6 % Low 3.00 % $184,189 $0 $22,464 $13,772

2046 $2,343,764 $2,356,104 99.5 % Low 3.00 % $189,715 $0 $24,468 $5,949

2047 $2,551,998 $2,548,190 100.1 % Low 3.00 % $195,406 $0 $26,619 $0


11641-430-Year Reserve Plan at Budgeted 2018 rate by Board of Directors




%Increase



2018 $176,765 $691,784 25.6 % High 11.30 % $66,780 $0 $1,467 $128,350

2019 $116,662 $636,077 18.3 % High 3.00 % $68,783 $0 $1,517 $0

2020 $186,962 $712,571 26.2 % High 3.00 % $70,847 $0 $2,234 $0

2021 $260,043 $793,083 32.8 % Medium 3.00 % $72,972 $0 $2,617 $72,120

2022 $263,512 $803,501 32.8 % Medium 3.00 % $75,161 $0 $3,025 $0

2023 $341,699 $890,342 38.4 % Medium 3.00 % $77,416 $0 $3,748 $14,549

2024 $408,315 $966,685 42.2 % Medium 3.00 % $79,739 $0 $4,110 $78,151

2025 $414,012 $981,747 42.2 % Medium 3.00 % $82,131 $0 $4,572 $0

2026 $500,715 $1,079,752 46.4 % Medium 3.00 % $84,595 $0 $3,640 $361,346

2027 $227,604 $810,568 28.1 % High 3.00 % $87,133 $0 $1,312 $281,048

2028 $35,001 $618,134 5.7 % High 3.00 % $89,747 $0 $718 $16,866

2029 $108,599 $694,216 15.6 % High 3.00 % $92,439 $0 $1,555 $0

2030 $202,594 $792,200 25.6 % High 3.00 % $95,212 $0 $2,063 $89,609

2031 $210,260 $803,140 26.2 % High 3.00 % $98,069 $0 $2,586 $3,818

2032 $307,097 $905,158 33.9 % Medium 3.00 % $101,011 $0 $3,592 $0

2033 $411,700 $1,016,625 40.5 % Medium 3.00 % $104,041 $0 $3,993 $132,427

2034 $387,307 $997,565 38.8 % Medium 3.00 % $107,162 $0 $4,429 $0

2035 $498,898 $1,116,938 44.7 % Medium 3.00 % $110,377 $0 $5,566 $0

2036 $614,842 $1,242,576 49.5 % Medium 3.00 % $113,688 $0 $6,134 $122,235

2037 $612,429 $1,248,845 49.0 % Medium 3.00 % $117,099 $0 $6,741 $0

2038 $736,269 $1,384,051 53.2 % Medium 3.00 % $120,612 $0 $7,889 $22,667

2039 $842,103 $1,502,899 56.0 % Medium 3.00 % $124,230 $0 $9,026 $11,534

2040 $963,826 $1,639,799 58.8 % Medium 3.00 % $127,957 $0 $10,325 $0

2041 $1,102,108 $1,795,797 61.4 % Medium 3.00 % $131,796 $0 $11,141 $118,020

2042 $1,127,025 $1,838,118 61.3 % Medium 3.00 % $135,750 $0 $11,294 $141,381

2043 $1,132,688 $1,860,947 60.9 % Medium 3.00 % $139,822 $0 $11,949 $26,277

2044 $1,258,183 $2,006,418 62.7 % Medium 3.00 % $144,017 $0 $13,335 $5,607

2045 $1,409,927 $2,181,043 64.6 % Medium 3.00 % $148,338 $0 $14,840 $13,772

2046 $1,559,333 $2,356,104 66.2 % Medium 3.00 % $152,788 $0 $16,403 $5,949

2047 $1,722,575 $2,548,190 67.6 % Medium 3.00 % $157,371 $0 $18,095 $0


Rules and Regulations


Berrywood Condominium Association PO Box 731 733

Puyallup, WA 98373

GUIDELINES FOR SATELLITE DISH AND EXTERIOR ANTENNA

I. APPLICATION RULES

A. Whenever any resident wants to install an Antenna which in any way penetrates the common elements of the condominium, the resident must first submit an application for approval to the ACC prior to the installation and then therefore wait for an approval from the ACC.

B. Applications for approval from the Board are not required for installation of an Antenna when the resident performs the installation in an area within their exclusive use, which does not require any penetration through the common elements. For example, an Antenna could be located within the

L boundaries of the Unit, as defined in the Declaration.

C. Residents must submit their applications to the ACC at the address listed below:

D. Upon receipt of a completed application, the ACC will review it within 10 days.

E. A completed application should contain the following:

1. Certification that the installation will be performed by a professional installation company; and

2. Any and all information in reference to the design, type and proposed location of the Antenna; and

F. The Association will not review an incomplete application.

II. LOCATION AND INSTALLATION L '

A. Antennas may be installed and maintained on the following preferred location sites:

1. on the floor of the limited common element deck appurtenant to a resident's Unit, (mounted on a metal conduit post in a 5 gallon bucket of concrete) not permanently attached to the building,

2. inside the boundaries of a Unit, as defined in the Declaration, provided that the Antenna is not in plain view from the streets, courtyards or the windows of other Units.

B. Antennas shall not be installed or maintained in any other location on the general common elements, another Unit or the limited common elements appurtenant to another Unit except as noted in Section A of this Article II.

C. The color of the Antenna should blend with the existing colors of the surrounding area. If not possible, protective covers are available in the marketplace to enhance the compatibility of the color of the Antenna with - the colors of the surrounding area.

D. No new penetration or attachment of wire to the exterior wall of any Unit shall be permitted in connection with Antennas without first obtaining a written variance from the ACC or the Board of Directors. All exterior wires and cables leading from the Antenna into the Unit must be concealed.

E. Residents shall ensure that the installation of their Antennas do not obstruct access to or exit from any Unit, walkway, ingress or egress from an area, electrical service equipment, or any other area that the Utility's agents will need access to, for the safe operation of the Condominium.

F. Residents must ensure that their installation complies with all applicable building codes and manufacturer's instructions to the extent that federal laws and regulations do not supersede such codes and instructions.

G. Residents must permanently ground and properly affix all wiring in order to minimize the possibility of all safety hazards.

H. The Owner(s) of the Unit islare responsible for any damage to the L common elements, another unit or any other person or property which is

caused by or related to the installation or continued presence of any Antenna installed by the resident of the Unit.

I. The Association reserves the power to specially assess a Unit Owner for all costs to rectify any damages caused to the common elements resulting from or relating to a resident's installation or removal of the Antenna.

J. Antennas shall not be placed anywhere near power lines (aboveground or buried).

K. The Association reserves the right to enter a Unit or the limited common elements appurtenant to a Unit to inspect the area of installation. The Association has the right to request that a resident (or Unit Owner if the resident is a tenant) remove an Antenna from a limited common element deck in the event that Association is required to perform any maintenance or repair work on the deck.

L. Residents shall not use any of the cable television wiring installed on the - Common Elements. In addition, Antennas not covered by the FCC rule are

prohibited.

Ill. DEFINITIONS:

A. The term "Antenna(s)"means those Antennas that are protected under the FCC Rule, which include Antennas that are designed

1. to receive video programming services, including direct broadcast satellite dishes that are one meter or less in diameter measurement (DBS), digital television broadcast that are one meter or less in diameter measurement (DTV), local television broadcast Antennas (Local), and multipoint distribution service Antennas that are one meter or less in diagonal measurement (MMDS); or

2. to receive and transmit "fixed wireless services". Antennas used for \C "fixed wireless services" must be "customer-end Antennas". (Masts, cables,

supports, conduits, wires, fasteners or other accessories necessary for the proper installation, maintenance and use of a reception Antenna shall be considered part of the Antenna).

B. The term "residents" shall mean Unit Owners and tenants.

IV. ENFORCEMENT

A. If these rules are violated, the Association reserves all of its legal remedies, including, but not limited to, the enactment of special charges, subject to the due process procedures under the Association's rules and regulations,

B. If any Antenna installation poses a serious, immediate safety hazard or threat to property, the Association reserves the power to immediately remove the Antenna without notice to the Unit Owner; however, whenever feasible, the Association shall provide advance written notice to the Unit Owner of the Board's concerns for safety and its request of the Unit .-.- Owner to remove, relocate, or resecure the Antenna.

C. Unit Owners shall be responsible for any damages and costs incurred by the Association, including, but not limited to, attorneys' fees, as a result of the actions of their Tenants.

Berrywood Condominiums Owners Association Architectural Variance Request Form

L Submission of Plans to Architectural Control Committee (ACC)

ACC Committee Name Mail To: P.O. Box 731733

Puyallup, WA 98373 Address

City State ZIP

Date Submitted Date Received by ACC

In accordance with the Berrywood Condominiums Homeowners Associations Covenants, Conditions and Restrictions (CC&R) and the Association's rules and regulations, I request your consent to make the following changes, alterations, renovations, additions andlor removals to my unit/property:

(Please attach a detailed (to scale) drawing or blueprint of your plan(s) and a copy of your lot/unit in duplicate.)

Is this an amendment to a previous request?

If yes, approximate date of previous request:

I understand that under the CC&R's and the rules and regulations, the Committee will act on this request and provide me with a written response of their decision. I further understand and agree to the following provisions:

1. No work or commitment of work will be made by me until I have received written approval from the Association.

2. All work will be done at my expense and all future upkeep will remain at my expense.

3. All work will be done expeditiously once commenced and will be done in a good workman-like manner by myself or a contractor.

4. All work will be preformed at a time and in a manner to minimize interference and inconvenience to other unitlproperty Owners.

5. 1 assume all liability and will be responsible for all damage andlor injury which may result from performance of this work now and in the future.

6. 1 will be responsible for the conduct of all persons, agents, contractors, and employees who are connected with this work.

7. 1 will be responsible for complying with, and will comply with, all applicable federal, state and local laws, codes, regulations and requirements in connections with this work, and I will obtain any necessary governmental permits and approvals for the work. I understand and agree that the Berrywood Condominiums Homeowners Association, its Board of Directors, its agent and the Committee have no responsibility with respect to such compliance and that the Board of Directors' or its designated committee's approval of this request shall not be understood as the making of any representation or warranty that the plans, specifications or work comply with any law, code, regulation or governmental requirement.

8. 1 understand that a decision by the Committee is not final and that the Board of Directors may reverse or modify a decision by the Committee upon the written application of any Owner made to the Board of Directors within ten (10) days after the Committee makes its decision.

9. The contractor is:

10. If approved within thirty (30) days, the work would start on or

about

and would be completed by

Signature Date

Print

REVISED AND REGULATED RULES AND REGULATIONS OF BERRYWOOD CONDOMINIUMS

Effective \ \ \ \ Qq Replacing Condo Rules Issued And Amended

PREAMBLE

The following are Rules and Regulations for Berryw revised, codified and restated as of the \ @ day of Board of Directors of Berrywood Condominiums pursuant t Board of Directors in Sections 3 \ of the Condominium Declaration of Berrywood Condominiums dated '5 1 1.7 1 8 1

We are living in close association with our fellow resident and common courtesy dictates that our actions not infringe on the rights of other residents. These Rules are designed to ensure that each of us achieves the maximum enjoyment of our homes. Each member of the community, whether owner, tenant or guest, must abide by the standards of the community and comply strictly with the Declaration, Bylaws and these Rules to promote the harmony and cooperative purpose of the community. Each owner is fully responsible for the compliance of their family members, guests, tenants and other occupants of the owner's unit while they are within the Berrywood boundaries.

The Board has classified the Rules violations into three levels with corresponding monetary fines for each level. In the attached publication of the Rules and Regulations, violations are preceded with a "l", "2" or "3" to indicate the level of violation.

Level I(minor) 1'' offense= Warning to the owner and occupant. 2nd offense=$25.00

Subsequent offense=$50.00

Level 2 (medium) is' offense=Warning to the owner and occupant. 2nd offense=$50.00


Level 3 (serious) 1'' offense=Warning to the owner and occupant. 2nd offense=$75.00


WlTH RESPECT TO CONTINUING VIOLATIONS, EACH DAY ON WHICH A VIOLATION CONTINUES SHALL BE CONSIDERED A SEPARATE VIOLATION AND MAY BE GROUNDS FOR THE FILING FOR INJUNCTIVE RELIEF OR DAMAGES.

Penalties assessed against a unit owner shall be collectable as delinquent assessments.

Fines will be payable to Berrywood Homeowners Association within I0 davs of notification; a late fee of $1 0.00 per month will be assessed against the unit owner for late fine payments.

As used in these Rules, "Governing Documents" means the Declaration, the Articles, the Bylaws and the Rules of the Association adopted as provided in the Declaration and Bylaws, as these documents may be lawfully amended and/or adopted from time to time.

As used in these Rules, "occupant" means anyone who occupies a unit as a permanent residence or who stays overnight in any unit for more than fourteen (14) days in any calendar month or more than thirty (30) days per calendar year.

As used in these Rules, "related party" means any person who has been certified in a written document filed by a unit owner with the Association to be the parent-in-law, sibling, sibling-in-law, parents sibling, or lineal descendant of the owner or the lineal descendant of any of the foregoing persons, the officer, director or employee of any owner which is a cooperation, or the partner of employee of any owner which is a partnership.

As used in these Rules, "renting" or "leasing" a unit means the granting of a right to use or occupy a unit, for a specified term or indefinite term (with rent reserved on a periodic basis), in exchange for the payment of rent (that is, money, property or other goods or services of value); but does not mean and include joint ownership of a unit by means of joint tenancy, tenancy-in-common or other forms of co-ownership.

As used in these Rules, "tenant" means and includes a tenant, lessee, renter or other non- owner occupant of a unit that is not occupied by its owner. For the purpose of the Rules, the term tenant shall not include a related party.

ARTICLE 1 - COMPLAINT PROCEDURE AND ENFORCENTNT

1 . I The Board of Directors has the authority to enforce the rules. Please notify the management company or a Board member if there is a problem with the condominium. The Board may delegate to the management company the authority to take rules enforcement action consistent with the Due Process Rules Enforcement Procedures, including contacting violators to seek compliance and issue warnings.

1.2 Owners are responsible for the conduct of all members of their family or household and for the conduct of their tenants and guests and each unit owner and tenant is jointly and individually financially responsible for any damage done to the condominium property of other owners by all the members of their family or household, their tenants and their guests.

Both the unit owner and a non-owner violator may be penalized for violation of the rules. Penalties assessed against the unit owner shall be collected as delinquent assessments.

1.3 Enforcement of these Declarations, Bylaws and Rules and Regulations shall be done in accordance with the DUE PROCESS RULES ENFORCEMENT PROCEDURES FOR BERRYWOOD CONDOMINIUMS ASSOCIATION which may be adopted and amended from time to time in the same manner as the Rules and Regulations, and which shall be deemed to be a part hereof. The Due Process Rules Enforcement Procedures are attached.

ARTICLE 2 - EXTERIOR CONDITIONS

3 2.1 In order to preserve the uniform exterior appearance of the buildings, and the common areas and facilities visible to the public, the Board of Directors has the sole authority to provide for the painting and other decorative finish of the buildings, patios, or other common or limited areas and facilities and to prescribe the type and color of such decorative finishes. The common and limited common areas and facilities shall not be reconstructed, rebuilt, altered, removed or replaced except by the Association acting through the Board of Directors. Owners are prohibited from modifying the structure or decoration of the buildings, or patios, stairways, yard areas or other common or limited areas and facilities, including screens, doors, awnings, rails or other portions of each unit and building visible from the exterior thereof.

2 2.2 No unit owner shall display, hang, store or use any clothing, sheets, blankets, laundry, or other articles which in the sole determination of the Board are unsightly or inappropriate on his or her balcony or outside the unit, which may be visible through the window from the outside, other than as provided above, or install any screens, doors, canopies, awnings, rails, antennas, or other equipment, fixtures or items of any kind without the prior written permission of the Board. No flowerpots or other items should be placed on balcony railing for reasons of safety.

3 2.3 No accumulation of garbage, waste, paper, boxes or large unattractive items, including without limitation couches, over-stuffed chairs, tires, refrigerators, freezers, bicycles, garbage cans, large plastic bags, etc. The Board shall determine what may be stored on any balcony or patio. Balcony and Patios are to be maintained in a clean and neat condition at all times.

1 2.4 Except as specifically provided in this Section, no signs, pictures or posters of any kind shall be displayed to the public view on or from any unit or from the common areas and facilities without the consent of the Board of Directors. This prohibition shall not apply to seasonal decorations which may be installed or hung from patio or in the windows providing such decorations do not violate the insurance or any law ordinance. All seasonal decorations must be removed at the season's ending. The Board has the right to limit any decorations.

3 2.5 No owner or occupant shall install wiring for electrical or telephone installation, television antennae, machines for air conditioning, etc. on the exterior of the buildings or that protrude through the walls or roof of the buildings except as authorized by the Board, in writing, prior to any work being done.

1 2.6 No dish or other type of exterior antenna or receiver shall be allowed on any unit or building in any manner unless approved by the Board of Directors. (However, Association approval shall not be necessary for satellite dishes being less than 3.3' in diameter.)

ARTICLE 3 - GARBAGE AND REFUSE

1 3.1 All garbage and other waste shall be kept in appropriate sanitary containers for proper disposal and shall be out of sight, except on the day of trash pick-up. Disposal of waste, yard rakings, such as rocks, lawn and shrubbery clippings, garbage, dirt or other materials onto any adjoining premises or Common Element shall be subject to a $500 fine per occurrence by the Association and payable to the Association. Except as provided by the Association, the removal and disposal of all such materials shall be the sole responsibility of the unit owner.

ARTICLE 4 - NOISE AND OFFENSIVE ACTIVITIES

2 4.1 No noxious or undesirable thing, or noxious or undesirable use, shall be permitted or maintained within any unit, or on any portion of the property. If the Board of Directors determines that a thing or use is undesirable or noxious, that determination shall be conclusive. Likewise, all unit owners shall be considerate of all other unit owners and shall limit noise from radios, televisions, sound and video systems, etc., according to any Rules and Regulations established by the Association. Violation of any such Rule or Regulation shall be deemed a nuisance.

2 4.2 There is to be no boisterous conduct or loitering in the parking lots or anywhere in the common areas of the Condominium at any time.

4.3 THE CONDUCT OF VISITORS, IN OR OUT OF THE UNIT, IS THE RESPONSIBILITY OF BOTH THE RESIDIENT AND THE UNIT OWNER.

ARTICLE 5 - VEHICLE PARKING

2 5.1 Parking shall be permitted only in garages or in the driveway assigned as a Limited Common Element to a unit, which is one spot directly in front of the garages.

2 5.2 Commercial vehicles, tractors, mobile homes, recreational vehicles, trailers, campers, camper trailers, boats and boat trailers shall be parked only in enclosed garages.

The Board shall require removal of any inoperative or improperly licensed vehicle, or any unsightly vehicle, and any other equipment or item improperly stored outside a garage. If the same is not removed, the Board shall cause removal at the risk and expense of the owner of the vehicle or item. The Board shall make such rules and regulations as may be necessary relative to the parking of any vehicles on any of the Common Elements which are suitable for parking.

ARTICLE 6 -PETS, LIVESTOCK & POULTRY

2 6.1 No animals, livestock, or poultry of any kind shall be raised, bred, or kept in any unit except dogs, cats, or other indoor household pets which do not cause other neighbors concern may be kept, provided that they are not kept, bred, or maintained for any commercial purpose (examples of unacceptable pets are poisonous or large snakes or reptiles, such as boa constrictors or alligators).

2 6.2 No individual unit owner(s) shall keep more than two (2) dogs, or two (2) cats, or one dog or one cat. Dogs are to be no bigger than a Cocker Spaniel. All dogs must be leashed when outdoors.

2 6.3 Should the action of a Unit Owner's pet cause damage to another Unit Owner's property or Common or Limited Common Elements, the offending pet's Owner must repair and replace the damaged property or reimburse the injured Unit Owner for the damage.

2 6.4 A pet's owner is responsible for removal of any excrement left by hislher pet on another Unit Owner's property or any Common or Limited Common Element.

1 6.5 Dogs may not be left unattended, tied outside a unit, on patios and decks or any other part of the common area.

2 6.6 Dogs which bark continuously or repeatedly will not be tolerated at BERRYWOOD Condominiums.

ARTICLE 7 - BUSINESS & COMMERCIAL USE O F PROPERTY PROHIBITED

1 7.1 NO trade, craft, business, or manufacturing enterprise, or business or commercial activity of any kind shall be conducted or carried out in any house, garage, RV Unit, or with the Property itself, unless the following conditions are met: ( I) the Unit, associated with the business or commercial use must serve as the primary residence for that Unit's Owner; (2) no vehicle associated with a business or commercial use shall be parked in Limited Common Element parking space for more than two days; (3) the existence or operation of the business is not apparent or detectable by sight, sound, or smell from outside the Unit; (4) the business activity does not involve regular visitation of the Unit by clients, customers, suppliers, or other business invitees or door-to-door solicitation of Unit Owners; and (5) no goods, equipment, vehicles, and/or materials or

supplies used in connection with any trade, service, or business shall be kept, parked, or stored outside of a Unit, or garage, for more than three days without being removed.

ARTICLE 8 - MEETING ATTENDANCE

1 8.1 At meetings called by the Board of Directors where a quorum is not obtained, each member not in attendance or represented by a proxy will be fined.

ATRICLE 9 - RESTRICTIONS ON USE OF PROPERTY - LEASES

1 9.1 With the exception of a lender in possession of a Unit following a first mortgage, a foreclosure proceeding, or any deed or other arrangement in lieu of foreclosure, Unit owners are prohibited from leasing their Units for less than thirty (30) days. All leases shall be in writing and the tenant shall be subject to all of the provisions of the Declaration, the Articled of Incorporation, Bylaws, and Rules and Regulations, if any. A copy of the lease shall be delivered to tile Secretary of the Association within seventy-two (72) hours of a lease being signed. An owner leasing a Unit must provide any tenant of that Owner's Unit a copy of the Declaration, Articles of Incorporation, Bylaws, and Rules and Regulations, if any, prior to the tenant signing the lease. Any failure by tenant to comply with the terms of such documents shall be a default under tile lease. Any such lease shall provide that it terminate on sale of the Unit by the lessor, or upon foreclosure of a Unit by the holder of a Mortgage constituting a first lien on such Unit. No Unit Owner shall be permitted to lease that Owner's Unit for transient or hotel purpose. No unit owner may lease less than an entire Unit.

2 9.2 At no time shall more than seven (7) of the Units be leased. This applies to all leases of thirty (30) days or more.

CERTIFICATE OF ADOPTION

The undersigned president and secretary of Berrywood Condominium Owners Association certify that the foregoing Rules were duly adopted by the Board of Directors in accordance with the procedures provided in Section 3 1 of the Declaration and shall be effective on the 1 Kb dayofka. 0II .

DATED this 9 day of

BERRYWOOD CONDOMINIUMS ASSOCIATION

By: President

ATTEST: The above amendment was Properly adopted.

By:

RESOLUTION RULES ENFORCEMENT PROCEDURE

WHEREAS the Berry Condominium Homeowners Association has a Declaration, Bylaws, and Rules and Regulations, and,

WHEREAS Article VII Section l(c) of the Bylaws of the Berrywood Condominium Association empower the Board of Directors to enforce the Declaration, Bylaws, and the Rules and Regulations, and,

WHEREAS the Declaration of the Berrywood Condominium Homeowners Association specifies (section 3 1) how to enforce the Declaration, Bylaws, and Rules and Regulations,

NOW, THEREFORE, BE IT RESOLVED THAT the Berrywood Condominium Homeowners Association will enforce said Declaration, Bylaws, and Rules and Regulations with the following procedure:

A. In order to begin the rules enforcement process, an owner must state in writing to the Board of Directors any rule violation he or she wishes to complain about.

1. The person making the complaint must be identified in the letter. 2. The person making the complaint will be called to testify at all

hearings. 3. Committees, Directors, as well as groups of owners or residents,

may also bring complaints.

B. Upon receipt of an alleged rule violation letter stating the date and approximate time of the violation, a letter will be sent to the alleged violator, stating the alleged violation and a time period during which the alleged violation may be abated without hrther sanction (not less than 10 days).

1. A copy of this letter will be sent to the person originating the complaint.

2. If the violation persists past the 10 day grace period, a second letter must be sent by a complaining owner (not necessarily the first owner who complained) alleging that the violation exists.

C. After the receipt of two letters of complaint within the prescribed period, a hearing will be held.

1. A hearing notice will be sent to the alleged violator stating: the nature of the alleged violation; the time and place of a hearing; an invitation to attend the hearing and procedure any statement, evidence or witness on his or her behalf; a statement, evidence that a sanction may be imposed; and the maximum amount of any sanction.

2 . An invitation will also be sent to the person or persons originating the complaint, inviting them to the hearing in order to produce evidence to substantiate their complaint.

D. The Board will hear testimony from both sides at the hearing and then excuse both parities and render a decision.

E. Should a fine be imposed on the violator, standard collection action will be pursued which includes filing a lien on the property for nonpayment of the fine and, ultimately, foreclosure, if necessary.

F. In case of non-owner occupied properties, all residents and owners will be provided copies of all correspondence.

APPROVED: - o 4

President

Berrywood Condominium Owners Association Collection Policy for Delinquent Accounts

Amendment

Effective January lSt, 2006

Whereas the Board of Directors of the Association is charged with the responsibility of collecting assessments for common expenses from homeowners pursuant to Article 14, Section (i) of the Declaration; and

Whereas from time to time homeowners become delinquent in their payments of these assessments and fail to respond to the demands from the Board to bring their accounts current; and

Whereas the Board deems it to be in the best interests of the Association to adopt a uniform and systematic procedure for dealing with delinquent accounts in a timely manner, and further believes it to be in the best interests of the Association to refer these accounts promptly to an attorney/collection company for collection so as to minimize the Association's loss of assessment revenue; and

Whereas the Board has retained the Associations attorneys for their experience in representing homeowners associations in collections and other matters; and

Whereas the Board has directed the Association's attorneys to represent the Association on the terms outlined in this resolution; Now, Therefore,

Be It Further Resolved there is hereby levied against any assessment account which is not paid in full as of the fifteenth (15th) day of the month shall bear a late fee of $25.00 which the Manager is authorized and directed to charge and collect from any delinquent homeowner.

Be It Further Resolved that a copy of this resolution shall be sent to all .- owners at their last know addresses.

This resolution was adopted by the Board of Directors on IL/5 2 0 05 , and shall be effective on January 1 st, 2006.

President

&

Berrywood Condominium Homeowners Association

Collection Policy for Delinquent Accounts

Whereas the Board of Directors of the Association is charged with the responsibility of collecting assessments for common expenses from homeowners pursuant to Article 14, Section (i) of the Declaration; and

Whereas from time to time homeowners become delinquent in their payments of these assessments and fail to respond to the demands from the Board to bring their accounts current; and

Whereas the Board deems it to be in the best interests of the Association to adopt a uniform and systematic procedure for dealing with delinquent accounts in a timely manner, and further believes it to be in the best interests of the Association to refer these accounts promptly to an attorney/collection company for collection so as to minimize the Association's loss of assessment revenue; and

Whereas the Board has retained the Associations attorneys for their experience in representing homeowners associations in collections and other matters; and

Whereas the Board has directed the Association's attorneys to represent the Association on the terms outlined in this resolution; Now, Therefore,

Be It Resolved that the Association's attorneys or collection company shall pursue all collections and other matters which the Board, acting through the Manager, may from time to time refer to them and to provide any advice and counsel which the Board may from time to time require; and

Be It Further Resolved that the Manager, acting on behalf of the Association, shall pay the Association's attorneys or collection company their usual and customa~y charges for time incurred in connection with their representation of the Association, together with all costs incurred by the firm, including but not limited to fees and charges for filling, service of process, messenger service, photocopies, postage, long distance calls,

investigator's services, credit reports, and title reports, promptly upon receipt of the monthly invoice; and

Be It Further Resolved that pursuant to Article 14 Section (i) of the Declaration there is hereby levied against any assessment account which is not paid in full as of the thirtieth (30) day of the month shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum which the Manager is authorized and directed to charge to and collect from any delinquent homeowner; and

Be It Further Resolved that the Manager is directed to send to any homeowner who is more than thirty (30) days delinquent in payment of regular or special assessments, or other charges authorized by the Association's governing documents (hereinafter referred to as "Assessments"), a written notice of the interest fee and request for immediate payment; and

Be It Further Resolved that the Manager is directed to send to any homeowner who is more than thirty (30) days delinquent in the payment of Assessments written notice that, if the account is not paid in full within 30 days, the account will be turned over to a collection company for further collection and the homeowner will be liable for all costs charged to the Association; and

Be It Further Resolved that the Manager is directed to refer any account which is more than (60) days delinquent to the Association's collection company; and

Be It Further Resolved that the Manager is directed to send to any homeowner who is more than five (5) months delinquent in payment of Assessments written notice of Intent To Lien to the owner via certified mail, return receipt requested; and

Be It Further Resolved that if the account is not paid in full with in ten (10) days it well be turned over to the Association's attorneys to place Claim of Lien and the homeowner will be liable for payment of all charges imposed by the Association's attorneys to cover fees and costs charged to the Association; and

Be It Further Resolved that a copy of this resolution shall be sent to all - homeowners at their last know addresses.

This resolution was adopted by the Board of Directors on \ 1 I 5 , 2 0 ~ , and shall be effective on 1 1 5 , 2 0 4 .

President W A

ATTEST:

Berrywood Condominium Association Resolution

Insurance Deductible Risk Management

WHEREAS, the Board of Directors of Berrywood Condominium Associatbn Is charged wM the responsibility for the care and rnaintenanca of the common area;

AND, WHEREAS, the Association Is also responslbte for obtaining adequate insureme covering the man areas;

WHEREAS, frequent, small claims undar en association's master Insurance polky can lead lo policy cancellation andlor substantial premium increases;

AND. WHEREAS, the Board is concerned that management of the Association's insurance loss deductible be handled in a responsible way that minimizes the AssaciaUon's financial loss aseocieted with any claims; and

NOW, THERFORE, BE IT RESOLVED THAT

1) All owners must carry and malntain personal property insurance (sometimes refemd to as H W coverage), Proof of Insurance must be provided to the Assoclation within (30) alrty day6 of purchase. All subwquent nnewsls must also be submitted to !he Assoclatlon with (30) thirty days of the explratlon of the pollcy In effect.

2) The Unlt Owner, not the Assoclation, shall he responsible for the deductjble on the AssociaBns Master Policy when the damage results from a negligent or Intentional actbn or omission by an owner, at lhat owners tenant, or the family, servants, employees, agents, visitors or licensees of that owner or tenant, or from the failure of, or failure maintain, any portion of the condominium, including any appliance, equipment, or fixture in a condominium, which that owner is rssponsible to maintaln In good worklng order and condition.

3) Liability for Ihe amount of damage wlthln the Ilm!ts of any applicable Insurance deductible or ctherwise uninsured shall be the responsibility of an lndivldual condomhlum owner where the damage involved is limited solely to damage to the owner's cctndominiwn or the llmited c m o n areas assigned to that owner's condomlnbrn.

Thls resolution was adoptad by tie Board of Direotm on -21 and shall b.

P w ~ i f l t ' P o b c u k h. pase 3r Date

/\y, , _ - L Secret ry Dcnisc CG fiho

Qkyp-5 Ch Fjl+ Berrywo ondominiurn Assocrat~on Page 1 of 1

Berrywood Condominium Association Resolution

Records Inspection

WHEREAS, Article 4, of the Bylaws of Berrywood Condominium Association provides that the books and records, authorizations for payment of expenditures, and all contracts, documents, paper, and other records of the Association shall be available for examination by the Owners, Mortgagees, and the agents or attorneys of either of them, during normal business hours and at any other reasonable time or times ...

AND, WHEREAS, there is a need to adopt procedures for inspecting the Berrywood Condominium Association records,, .

AND, WHEREAS, it is intended that this policy be applicable to all owners and lien holders of Berrywood Condominium Association and shall remain In effect until otherwise rescinded, modified, or amended by a majority of the Board of Directors ...

NOW, THEREFORE, BE IT RESOLVED THAT the following procedures regarding the inspection of the books and records by owners and lien holders of Berrywood Condominium Association shall be adapted by the Board of Directors:

1. A notice of intent to inspect must be submitted in writing to the Board of Directors or its duly authorized representative at feast fourteen (14) calendar days prior to the planned inspection.

2. The notice must specify with particularity, which records are to be inspected.

3. All records must be inspected at the office of the managing agent of the Association between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday, holidays excluded.

4, At the discretion of the Board of Directors, or its agent, certain records may only be inspected in the presence of a board member or employee of the managing agent.

5. The person($) requesting access shall be charged the contract rate of the managing agent if the presence of an employee of the managing agent is required by the board of directors.

6. The person@) requesting access shall not disrupt the ordinary business activities of the managing agent office or its employees during the course of the inspection.

7. No records may be removed from the office without the express written consent d the board of directors.

Berrywood Condominium Association Records Inspection Resolutions Page 1 of 2

8. Copies of records may be obtained by tagging records to be photocopied. Management will perform copylng at a reasonable expanse and In a reasonable amount 01 tlme lo the person(6) requesting auch copies.

9. Consistent with an Mividual's right to privacy and applicable law, the following reports will not be made available:

a. Minutes of executive sessions of the board of directors.

b. Minutes of administrative hearlngs pertalnlng ta the imposition of punjttve measures

c. Records where disclosure woilld violate a.conslitutional or statutory provision of applicabla publk pollcy.

d. Citigatlon files

e. AH correspondence fromho any attorney representing the association.

f. Personn~l records

g. Preliminary data, Information, Qr investigations which nave not been formally approved by the b a r d of directors, such as contractor bid proposals.

h. Records containing unlisted persanal information.

This resolution was adopted by the Board of Directors on 2-1- ,2810 and

shal be effective on

ATTEST:

Benywaod Condominium Association Records Inspection Resolution

Date

3 / 2,b-qO Date'

Y

Page 2 of 2

Special Assessments
