Article IX — Modification of Covenants
Clause IX.A — Amendment
These Covenants may be modified by a written instrument signed by the owners of more than 60% of the lots in Lakemoor Divisions 1 through 5.
Committee Notes
🟡 Will conflict as of 2028. The covenant's 60% lot-owner signature requirement for modification does not align with WUCIOA's amendment framework. Adopting RCW 64.90 through a formal restatement requires a 67% affirmative member vote, and WUCIOA imposes its own amendment procedures and thresholds that will govern going forward regardless of what this self-amendment clause says. This provision will need to be reconciled with RCW 64.90's restatement and amendment process.
Article X — Term, Enforcement & Construction
Clause X.A — Term
These Covenants shall run with the land and be binding on all parties for 15 years from the date of recording. Thereafter, they shall automatically be extended for three successive 10-year periods unless a written instrument signed by the owners of more than 60% of the lots is recorded agreeing to a change in whole or in part.
Committee Notes
🟡 Will conflict as of 2028. The covenants ran for 15 years from recording and now auto-renew in 10-year periods unless terminated by a 60% lot-owner signature. The self-renewal mechanism isn't directly invalidated by WUCIOA, but the statute's amendment and enforcement framework governs regardless of what this term clause says. More critically, the 60% termination threshold conflicts with WUCIOA's amendment procedures, which set their own thresholds and processes for modifying or terminating governing documents. The restatement process will supersede this self-amendment trigger.
Clause X.B — Enforcement
These Covenants shall be enforceable by law or equity proceedings against any person violating or attempting to violate any provision, to restrain the violation or to recover damages. All Covenants run with the land as a binding condition, and violations may be prosecuted by the Board at law or in equity to prevent violations or to recover damages, including court costs and reasonable attorney fees.
Committee Notes
Committee notes will be added here.
Clause X.C — Severability
Invalidation of any single Covenant provision by judgment or court order shall not affect any other provision, which shall remain in full force and effect. No lot owner is entitled to terminate Association membership or to revise, amend, or repeal the Covenants in a manner that contradicts any lawful action of the Association taken pursuant to its Articles or Bylaws.
Committee Notes
Committee notes will be added here.