Declarations Amendments

First Amendment 16-MAY-1978

Addendum to Declaration of Condominium Ownership for the Gayle Condominium
Scanned Copy of Instrument No. 197805160694

The Declaration of Condominium Ownership for the Gayle filed the ninth day of March, 1978, under King County Recording No. 197803090539 with respect to the following described real property, to wit:

Lot seven, Block 46, Supplementary Plat of Pontius Second Edition to Seattle, according to the plat recorded in Volume 5 of Plats, page 76, in King County, Washington, except the East 65.87 feet thereof

Is hereby amended as follows:

1. Paragraphs 5 to the Declaration is hereby amended to add "The building contains 14 condominium units. To units are in the basement and for units are in the first, second and third floors. As shown on Exhibit a to the declaration, being the survey map and plans, copies of which are attached hereto and incorporated herein by reference as hereinafter amended, Apartments described as one-bedroom units have one bathroom, one bedroom, kitchen and living room. The living rooms in unit 102, 201, 202, 301, 302 are divided into two sections by a double doorway opening. Unit 103 and 106 are one-bedroom units having a bathroom, kitchen and undivided living room area. All one-bedroom units so described how four rooms. Unit 101 is a modified studio apartment having a bathroom, kitchen, and living area divided by a large double door opening. Units 104, 203, 204, 303 and 304 are studio units having a bathroom, kitchen and open undivided living space. For purposes of this declaration, such apartments are described as having three rooms. Unit 105 is a two-bedroom unit having a living room, kitchen, bathroom and two bedrooms. All units have access to the common internal hallway and from the air to the stairway into the walkway to the south on the first floor and to the north from the basement. Unit 105 has an additional access to the sidewalk on the south side of the building along, Street."

2. Exhibit A to the Declaration, being the survey map and plans, is hereby amended as follows:
2.1 The building is frame construction covered with brick.

2.2 All references to limited common areas are changed to common area designations. The Board of Directors is hereby authorized to assign portions of the common area referred to as storage areas to particular apartments for the exclusive use and benefit to the apartment to which such portion is assigned, and for such time and under such conditions as the Board of Directors shall in its discretion determine to be in the best interests of Apartment owners in general.

3. Paragraphs 1.11 and six to the declaration are deleted to conform to document the language and purpose set forth in paragraph 2.2 of this Addendum.

4. Paragraph 13.6 of the Declaration is hereby amended to delete the phrase "to facilitate the purchase of mortgages by the Federal Home Loan Mortgage Corporation, the condominium constituent documents, including this declaration and the Bylaws contain the following special warranties" and to add in its place the phrase "to facilitate the purchase of mortgages by the Federal Home Alone Mortgage Corporation and so long as the Federal Home Loan Mortgage Corporation owns an interest in any mortgage or deed of trust in an apartment unit, the following provisions shall apply notwithstanding any other provisions of this Declaration or the Bylaws of the homeowners association: " In addition, sent paragraph is amended to delete all references to other paragraphs of the Declaration and/or Bylaws so that the letter to paragraphs stand as a statement of their own, rather than as a reference to other provisions. Said paragraph is further amended as follows: suparagraph (c) is amended to insert after the word "foreclosure" the language "or trustee's sale or deed in lieu of thereof". Subparagraph (h) is hereby amended to add following the word "provided" the words "in the act", and the words "amendment of this declaration" are deleted and replaced by the word "plan".

5. Exhibit B to the Declaration, being the schedule of original values of condominium units, is hereby amended to include the following reference: "these values do not necessarily reflect the amount for which an Apartment will be sold from time to time by the Declarant or by others."

Second Addendum 9-MAR-1979

SECOND ADDENDUM TO DECLARATION OF CONDOMINIUM OWNERSHIP FOR THE GAYLE CONDOMINIUM

Scanned Copy of Instrument Number 197905151157

The Declaration of Condominium Ownership for the Gayle filed on the ninth day of March, 1978, under King County Recording No. 7803090539 and amended in accordance with the terms of an Addendum to the Declaration recorded May 16, 1978, under Recording No. 780-516-0694 with respect to the following-described real property, to wit:

Lot 7, Block 46, Supplemental Plat of Pontius Second Addition to Seattle, according to the plat recorded in Volume 5 of Plats, page 76, in King County, Washington, except the East 65.87 feet thereof

is hereby amended as follows:

1. Paragraph 5 of the declaration and Paragraph 1 of the Amendment to the Declaration are amended to provide: "Unit 101 is a one-bedroom unit, having a bathroom, kitchen and undivided living room area. Unit 103 is a studio apartment, having a bathroom, kitchen and undivided living area. This amendment describes the physical modification of the two units whereby the bedroom and adjoining closet previously contained within Unit 103 has now been made part of Unit 101. An amended survey showing the present configuration of these two units is attached hereto and incorporated herein by reference.

2. Exhibit B. to the Declaration, being the schedule of original values of condominium units, is hereby amended to reflect the corresponding change in original value and percentage of undivided interest due to the above described change in exclusive area with respect to Units 101103. Said exhibit also is hereby amended so as to correct the transposition and misappraisal of the relative values of Units 105 and 106 and the respective percentages of undivided interest.

Exhibit B

Unit No. Original Value % of Individual Interest
101 $23,500 8.50%
102 $26,500 7.79%
103 $24,500 5.62%
104 $18,000 5.29%
105 $22,500 8.18%
106 $24,500 5.65%
201 $30,500 8.97%
202 $27,500 8.09%
203 $19,500 5.73%
204 $18,000 5.29%
301 $32,000 9.41%
302 $29,500 8.68%
303 $21,000 6.18%
304 $22,500 6.62%
$340,000 100.00%

Third Amendment 20 May 2009

Original Amendment on file with the County
Addendum to Declaration and Covenants, Conditions, Restrictions and Reservations for Gayle Condominium

Whereas, a certain declaration submitting real estate to the Washington condominium Act, Laws of 1963, chapter 156 (RCW Chapter 64.32), as amended, entitled DECLARATION OF CONDOMINIUM OWNERSHIP FOR THE GAYLE, A CONDOMINIUM, was recorded under Recording number 780-309-0539, in the records of King County, state of Washington with respect to the following described property to wit:

Lot seven, Block 46, Supplementary Plat of Pontius Second Edition to Seattle, according to the plat recorded in Volume 5 of Plats, page 76, in King County, Washington, except the East 65.87 feet thereof

and

WHEREAS, pursuant to Section 22 of the Declaration, after notice to all of the Owners entitled to vote there on duly given, not less than spell out sixty-six and 2/3 percent (66.66%) of the unit Owners have consented in writing to amend the Declaration as hereinafter set forth; and

WHEREAS, pursuant to Section 13 of the Declaration after not less than 30 days notice to all of the eligible mortgage holders and duly given by certified mail, return receipt requested, all security holders have expressly or impliedly consented to the amendment of the Declaration as hereinafter set forth:

NOW THEREFORE, the President and Secretary of THE GAYLE Homeowners' Association certifies that the following AMENDMENT TWO DECLARATION FOUR THE GAYLE CONDOMINIUM has been properly approved and adopted in accordance with the requirements of the declaration previously recorded for the Condominium;

Addendum Item 1

SMOKING: the term "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, or other tobacco products in any manner or in any form.

REGULATIONS OF SMOKING INDOORS:

1. Due to the known adverse health effects of secondhand smoke, the increased risk of fire, and the negative economic impact that smoking imposes on the property values of all owners, smoking shall be prohibited in all enclosed areas of The Gayle Condos both private and, and, whether in closed or outdoors. This includes, but is not limited to, all common areas, individual apartments, hallways, stairs, roof top, laundry room, boiler room and any other enclosed areas. This policy applies to all owners, tenants, guests, employees and service persons.

2. If there are current resident of The Gayle Condos who are both a) owners of a unit in The Gayle Condos and b) current smokers prior to the adoption date of this smoking regulation, these residents shall be designated as "Grandfathered residents." Grandfathered residents may smoke within their units, but may not smoke in common areas, hallways, stairs, roof top, laundry room, boiler room, other owner's units or any other enclosed area. Said individuals must register with the Association Secretary as a smoker within 30 days of the adoption of this amendment to be grandfathered in.

3. Non-occupying Owners/Landlords shall be 100% responsible for any fines incurred by their tenants who break the rules governing the smoking ban.

4. In the event any condominium property under the jurisdiction of the Association is to be sold, rented or leased to another person, the current condominium owners shall be required to notify the new owner/tenant of the 100% smoke-free policy. In the event any condominium property under the jurisdiction of the Association is sold by owners who are "grandfathered" per clause 2, the new owners of that condominium property will not retain the grandfather exemption.

IMPLEMENTATION

1. All new tenant leases shall include language to advise the tenant of the smoking restriction. Regardless of said language being included in the lease, the owner is still responsible for the tenant's failure to abide by the smoking restrictions set forth herein.

2. Current leases that are month-to-month shall implement the new restriction 45 days after passing of the Smoking Ban limits and rules.

3. Under current leases, at expiration and before signing of any renewal, shall include language reflecting the smoking restriction.

4. If at any time a lease converts to month-to-month tenancy, number three shall be applied.

FINES IMPOSED:

In the event an owner or tenant breaks the rules governing smoking in the Gayle the Association at its discretion based on the danger to property or health of others may take immediate legal action to join the activity or pursue any other legal remedy. The Association may also choose to assess the following:

1. First offense within a one-year period: verbal warning issued by the Association to the Owner.

2. Second offense: written warning issued by the Association to the Owner.

3. Third offense: up to a $150 fine may be issued by the Association to the Owner.

4. Any and all subsequent offenses may incur up to a $250 fine issued by the Association to the Owner.

Any fine imposed upon any member of the Association shall be paid within 30 days of assessment and if not paid within 730 days shall become a special assessment in accordance with the declaration below.

The Association's choice of alternatives to enforce these provisions will not be deemed a waiver of its right to pursue any action set forth herein or allowable by law.

Addendum Item 2

SPECIAL ASSESSMENT: the Association shall levy a Special Assessment against any Owner of a Residential Apartment or Condominium when, SAID OWNER FAILS to comply with these Covenants and Restrictions, declarations, the Association rules, or other governing documents, or fails to pay a two-way dues or fees or other proper assessments or cloth; such Special Assessment shall be in the amounts so expended or assessed by the board, and shall be due and payable to the Association when levied.

ASSESSMENT LIEN AND DEFAULT IN PAYMENT OF ASSESSMENTS.

Each assessment shall be a separate, distinct, personal obligation of the Owner against whom it is assessed and become an immediate lien against the owners unit payment of assessment will be due within 30 days of receipt of notice. If the owner does not pay such assessment when due, the Owner shall be deemed to be in default, and, in addition to any other remedies herein or by law provided for the enforcement of such assessment obligation, the Association may enforce each such obligation as follows:

(1) Within sixty (60) days after the occurrence of any such default, the Association may given notice to the defaulting Owner, stating the date of the delinquency and the amount of the delinquency. Delinquent payments shall bear interest at the rate of 9% per and I'm from the due date thereof. If such delinquency is not paid within ten (10) days after the date of such notice, it will become an automatic lien on the owner's property. The Association may also file a claim of lien against the property of such defaulting owner. The amount of any such the link went assessment plus interest there on at the rate of 9% per annum and cost of collection thereof (including attorneys' fees) shall be and become an immediate inchoate lien against the property of such defaulting Owner AND a choate lien immediately upon recordation of a notice of default in the Office of the Recorder of King County. Such notice of default shall state, (1) the name of the defaulting Owner, (2) a description of the property against which claim of lien is made, (3) that the claim of lien is made pursuant to these Covenants and Restrictions in an amount equal to the delinquent assessments and other charges as provided herein, and (4) the right of the Owner to cure the default.

(2) Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the for closure of a mortgage under power of sale. In the event such for closure is by action in court, costs and reasonable attorneys' fees shall be allowed. In the event the foreclosure is under power of sale, the Board, and any person designated by it in writing, shall be deemed to be acting as the agent of the Association for conduct of the sale and shall be entitled to expenses and to such fees as may be prevailing at the time the sale was conducted or as may be allowed by law.

NOTICES; DOCUMENTS; DELIVERY.

Any notice or other document permitted or required by these covenants and Restrictions to be delivered may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered twenty-four (24) hours after a copy of same has been deposited in the United States mail, postage prepaid, addressed as follows: if two men Owner, at the address from time to time given by such Owner to the Association for the purpose of service of such notice, or, if no such address has been given, then at any condominium within the Development owned by the Owner; provided, however, that any such address may be changed from time to time by any Owner, by notice in writing, delivered to the Association.

Fourth Amendment 11 May 2010

Scanned copy of instrument number 201005140000170.
This Fourth Amendment to the Declaration of Condominium for The Gayle (the “Declaration”), is made as of this 11th day of May, 2010.

WHEREAS the Declaration was recorded on March 9, 1978 in King County, Washington under recording number 7803090539 with respect to the following described property to wit:

Lot seven, Block 46, Supplementary Plat of Pontius Second Edition to Seattle, according to the plat recorded in Volume 5 of Plats, page 76, in King County, Washington, except the East 65.87 feet thereof;

WHEREAS the Declaration was first amended by an instrument on May 16, 1978 in King County, Washington under recording number 7805160694;

WHEREAS the Declaration was next amended by an instrument on May 15, 1979 in King County, Washington under recording number 7905151157;

WHEREAS the Declaration was next amended by an instrument on June 25, 2009 in King County, Washington under recording number 20090625000280;

WHEREAS another proposed amendment to the Declaration is currently under consideration;

WHEREAS, pursuant to Section 22 of the Declaration, after notice to all of the Owners entitled to vote there on duly given, not less than spell out sixty-six and 2/3 percent (66.66%) of the unit Owners have consented in writing to amend the Declaration as hereinafter set forth;

WHEREAS, pursuant to Section 13 of the Declaration after not less than 30 days notice to all of the eligible mortgage holders and duly given by certified mail, return receipt requested, all security holders have expressly or impliedly consented to the amendment of the Declaration as hereinafter set forth;

NOW THEREFORE, the President and Secretary of The Gayle Homeowners’ Association certify that the following Fourth Amendment to the Declaration of Condominium for The Gayle has been properly approved and adopted in accordance with the requirements of the Declaration and applicable law:

A. The following sentence is hereby inserted at the end of Section 10.6 of the Declaration:

For the purposes of any annual meeting, a quorum is present if the owners of units to which twenty-five percent (25%) of the votes of the Association are allocated are present in person or by proxy at the beginning of the meeting.

B. The following new Section 10.7 of the Declaration is hereby inserted:

10.7 Suspension of Membership
During any period in which an Apartment owner shall be in default in the payment of monies due to the Association, the voting rights and right to use of any Common Areas (excepting ingress and egress to his Apartment) and Limited Common Areas of said Apartment owner may be suspended by a majority vote of the Board of Directors until such assessment has been paid. An Apartment owner’s voting rights, leasing rights and right to use of any Common Areas and Limited Common Areas of such Apartment owner will be automatically suspended if an Apartment owner shall remain for six consecutive months in default in the payment of any monies due to the Association. Such rights of a member may also be suspended after notice and hearing, for a period not to exceed 60 days, for violation of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.

C. Section 11.3 of the Declaration is hereby deleted and the following new Section 11.3 is hereby inserted in its stead:

11.3 All Apartment owners shall be obligated to pay common expenses assessed to them by the Board of Directors on behalf of the Association pursuant to this Declaration and the Bylaws adopted simultaneously here with. The Declaration shall be assessed as the Apartment owner of any unsold Apartments, but such assessment shall be prorated to the Date of Occupancy by each purchaser of such Apartment. The Board of Directors on behalf of the Association shall assess the common expenses against the Apartments from time to time, but at least annually, shall take prompt action to collect from an Apartment owner any common expenses due which remain unpaid by him for more than 30 days from the date its payment is due and shall promptly notify any mortgagee of such Apartment owner of such default. Any assessment which is not paid within said 30 days shall be deemed delinquent and shall bear interest at the maximum rate permitted by RCW 19.52.020 from the due date until paid. The common expenses shall be paid from sums received by virtue of the assessments of such sums, together with any other receipts on behalf of the Property. To the extent that any common expense is caused by the misconduct of an Apartment owner, the Association may assess that expense to that owner's account.

D. Section 12.2 of the Declaration is hereby deleted and the following new Section 12.2 is hereby inserted in its stead:

12.2 The priority of the Association’s liens for delinquent assessments shall be governed by RCW 64.34.364.

E. Section 16.2 of the Declaration is hereby deleted and the following new Section 16.2 is hereby inserted in its stead:

16.2 Common Areas and Facilities
The common areas and facilities shall be used only for access, ingress and egress to and from the respective Apartments by the respective families residing therein, and their guests, household help and other authorized visitors, and for such other purposes which are incidental to the residential use of the respective Apartments provided that said guests, household help and other authorized visitors do not pose a risk to the security and welfare of residents; and in special areas shall be used for the purposes approved by the Board of Directors. The Board of Directors may revoke access to common areas and facilities to specific individual guests, household help and other visitors for a period of no more than ninety consecutive days in a year if said individual, in the unanimous opinion of the Board of Directors, poses a risk to the security and welfare of residents. Such revocation may be extended to a full year by a majority vote of Apartment owners, and renewed each year thereafter by a sixty percent vote of Apartment owners. Notice of revocation must be delivered to the individual and Apartment owner in writing. The use, maintenance and operation of the common areas and facilities shall not be obstructed, damaged or unreasonably interfered with by any Apartment owner.

Fifth Amendment of 11 May 2010

Scanned copy of instrument number 201005140000171.

This Fifth Amendment to the Declaration of Condominium for
The Gayle (the “Declaration”), is made as of this 11th day of May, 2010.

WHEREAS the Declaration was recorded on March 9, 1978 in King County, Washington under recording number 7803090539 with respect to the following described property to wit:

WHEREAS the Declaration was first amended by an instrument on May 16, 1978 in King County, Washington under recording number 7805160694;

WHEREAS the Declaration was next amended by an instrument on May 15, 1979 in King County, Washington under recording number 7905151157;

WHEREAS the Declaration was next amended by an instrument on June 25, 2009 in King County, Washington under recording number 20090625000280;

WHEREAS, pursuant to Section 22 of the Declaration, after notice to all of the Owners entitled to vote there on duly given, not less than sixty-six and 2/3 percent (66.66%) of the unit Owners have consented in writing to amend the Declaration as hereinafter set forth;

WHEREAS, pursuant to Section 13 of the Declaration after not less than 30 days’ notice to all of the eligible mortgage holders and duly given by certified mail, return receipt requested, all security holders have expressly or impliedly consented to the amendment of the Declaration as hereinafter set forth;

NOW THEREFORE, the President and Secretary of The Gayle Homeowners’ Association certifies that the following Fifth Amendment to the Declaration of Condominium for The Gayle has been properly approved and adopted in accordance with the requirements of the Declaration and applicable law:

A. A new Section 16.5 is hereby added to the Declaration:

16.5 Owner Occupancy Restrictions
16.5.1 Minimum Owner Occupancy. No Apartment owner may, by deliberate action, cause the owner-occupancy rate of the Association to drop or remain below the threshold established in Section Two (2) of this amendment, unless the Apartment owner has vacated his unit while remodeling or actively attempting to sell said unit, or the unit is vacant due to foreclosure.

16.5.2 Owner-Occupancy Threshold.
16.5.2.1 The minimum owner occupancy rate of the Association is 51%.

16.5.2.2 The minimum owner occupancy rate shall be permanently raised as the actual owner occupancy rate reaches the following thresholds:

  • If at any time owner occupancy rises to 65% or above, the minimum owner occupancy rate shall be permanently increased to 55%.
  • If at any time owner occupancy rises to 70% or above, the minimum owner occupancy rate shall be permanently increased to 60%.
  • If at any time owner occupancy rises to 75% or above, the minimum owner occupancy rate shall be permanently increased to 65%.
  • If at any time owner occupancy rises to 80% or above, the minimum owner occupancy rate shall be permanently increased to 70%.

16.5.2.3 If at any time the Federal National Mortgage Association (a.k.a. Fannie Mae) or its successor announces it will raise the minimum occupancy rate required for it to purchase and securitize mortgages, a simple majority vote of the Board of Directors shall suffice to raise the minimum owner occupancy rate of the Association to Fannie Mae's (or its successor's) new rate, provided the Association’s new owner occupancy rates does not take effect prior to the effective date of Fannie Mae’s or its successor’s new rate.

16.5.2.4 The Board of Directors must send notice to all Apartment owners documenting the minimum owner occupancy rate any time that an Apartment owner signs a new lease, and at least once per year.

16.5.2.5 Amending the Declarations to allow an owner occupancy threshold below 51% shall require a 100% vote of the ownership. Amending the Declarations to reverse an automatic threshold increase or lower the owner occupancy threshold below 60% shall require a 75% vote of the ownership.

16.5.3 Remediation.
16.5.3.1 Action in case of rental. Within thirty (30) days of an Apartment owner causing the owner-occupancy rate to drop or remain below the threshold established in Section 2 of this Amendment by leasing his unit to a new tenant, the Board of Directors and Officers must initiate legal action against that Apartment owner to invalidate the lease, evict the tenant, recover legal fees, and obtain a court order prohibiting the Apartment owner from entering into new leases until such time as the owner occupancy rate exceeds the threshold. The Associations may not reach an out-of-court settlement if it would result in the owner occupancy rate remaining below Fannie Mae’s or its successor’s minimum owner-occupancy rate. Until such time that the tenant is evicted, the Apartment owner shall pay as a fine each month 100% of rent collected from any and all units in the Association that the Apartment owner is currently leasing, and 100% of monthly HOA dues assessed to any and all units in the Association the Apartment owner owns (on top of normal HOA dues). If the Association lacks sufficient funds to complete legal action against the Apartment owner, the Board of Directors and Officers must levy a special assessment, due immediately, that is sufficient to pay for said legal action.

16.5.3.2 Action in case of vacancy. Within sixty (60) days of an Apartment owner causing the owner-occupancy rate to drop below the threshold established in Section 2 of this Amendment by vacating his unit, the Board of Directors and Officers must determine the cause of the vacancy. If the Apartment owner has retained a real estate agent and has listed his apartment for sale using industry standard listing procedures, then the Board of Directors and Officers shall take no action until such time as the Board of Directors and Officers has affirmatively determined that the Apartment owner is not making a good faith effort to sell his unit. If the Apartment owner has left his unit vacant with no intent to sell, that unit shall pay as a fine each month 100% of monthly HOA dues until such time as the unit is sold or returns to owner occupancy. If the Apartment owner has left his unit vacant for remodeling, either prior to sale or with the intent to re-occupy the unit once remodeling is complete, the Board of Directors and Officers shall take no action, provided the remodeling takes less than six (6) months. If the unit is vacant for more than six (6) months for remodeling, the Board of Directors may elect to require the Apartment owner to pay as a fine each month 100% of the Apartment owner's monthly HOA dues until such time as the unit is sold or returns to owner occupancy. If the Apartment owner has left his unit vacant because he has declared his Apartment to be a secondary residence and the owner occupancy rate is below Fannie Mae’s or its successor’s minimum owner-occupancy rate, then that unit shall pay as a fine each month 100% of monthly HOA dues until such time as the unit is sold, the owner occupancy rate is above Fannie Mae’s or its successor’s minimum owner-occupancy rate, or the owner declares his Apartment to be his primary residence.

16.5.3.3 Future Consequences. Any Apartment owner that causes the owner occupancy rate to drop below 51% by leasing his Apartment is banned from leasing any and all Apartments in the Association that he owns for five years, regardless of owner occupancy rate. Any Apartment owner that causes the owner occupancy rate to drop below the threshold established in Section 2 of this Amendment while delinquent in payment of common expenses and assessments, or who becomes delinquent in payment of common expenses after causing the owner occupancy rate to drop below the threshold established in Section 2 of this Amendment, shall be permanently banned from leasing any and all Apartments he owns. Upon sale of any apartment that is banned from leasing under this Section, the contract of sale will require that the new Apartment owner not lease their unit for a period of twelve (12) months from date of purchase if the purchase is made by individuals, and thirty-six (36) months from date of purchase if the purchase is made by a corporation or other similar legal entity.

16.5.3.4 Any apartment owner who is banned from leasing his units under Section 3.3 of this amendment shall, if he leases any of his units in the Association, pay as a fine each month 100% of rent collected from any and all units the Apartment owner is currently leasing in the Association, and 100% of monthly HOA dues assessed to any and all units the Apartment owner owns in the Association (on top of normal HOA dues).

16.5.3.5 Any fines collected under this section shall not preclude the Association from any other remediation action.

16.5.3.6 All fines enumerated in this Amendment shall be governed by Addendum Item 2 to the 20 May 2009 Amendments.

16.5.4 Hardship Exception. Where, on written application from an Apartment owner, the Board determines that a hardship exists whereby that owner would suffer serious harm by virtue of the limitations on leasing contained in this Section 16.5, the Board may, in its discretion, grant an Apartment owner a waiver of those limitations for a period of time determined by the Board (the “Hardship Exception”). An Apartment leased pursuant to a Hardship Exception shall not be counted as a non-owner occupied Apartment for the purpose of determining the owner occupancy rate. The Board, at its discretion, may require compliance with any provision of this Section 16.5 in connection with the granting of a Hardship Exception.

16.5.5 Temporary Suspension. The provisions in sections 16.5.1 and 16.5.3 may be suspended for a period of no more than twenty-four (24) months by a written vote of not less than 60% of the ownership, provided that a temporary suspension was not approved at any time in the preceding sixty (60) months, and also provided that the owner occupancy rate at the time of the vote exceeds the minimum threshold per 16.5.2.

Sixth Amendment of 09 June 2017

AMENDMENT NO.6 TO DECLARATION OF CONDOMINIUM FOR THE GAYLE

Pursuant to Articles 22 and 13 of the Declaration of Condominium for the Gayle (“Declaration”), the undersigned, being the President and Secretary of The Gayle Homeowners’ Association do hereby declare that the following Amendment to the Declaration has been approved by not less than 2/3 or 66.66% of all Owners and that all eligible mortgage holders have expressly or impliedly consented to the amendment of the Declaration after receiving thirty days notice via certified mail, return receipt requested.

New Section 16.6 shall be added to the Declaration.

16.6 Leasing

16.6.1 Minimum Lease Terms. With the exception of a Mortgagee in possession of a Unit following a Mortgage Foreclosure or a receiver in possession of a Unit during the pendency of a Foreclosure by a Mortgagee or the Association, no person shall be permitted to Rent or Lease or otherwise permit a Unit to be used for hotel or transient purposes, which shall be defined as Rental, occupancy or use by a Tenant or other non-Owner occupant for an initial occupancy period of less than 30 (thirty) days. No Owner or Tenant who does not occupy a Unit as a primary residence shall cause or allow the overnight accommodation of employees or business invitees in a Unit on a temporary or transient basis.
16.6.2 Delivery of Governing Documents to Tenants. Prior to signing any lease or rental agreement, it shall be the responsibility of the Owner to deliver to Tenant a copy of all Governing Documents, i.e., this Declaration, the Bylaws and the Rules and Regulations of the Association. If it is determined that the Owner has failed to provide copies of such documents to the Tenant, the Association may furnish a copy of the documents to the Tenant and charge the Owner an amount to be determined by the Board, which charge shall be collectible as a special assessment against the lot and the Owner.

16.6.3 Violation of Governing Documents by Tenants. The Association shall have and may exercise the same rights of enforcement and remedies for breach of the Governing Documents against a Tenant, as it has against an Owner, including such rights and remedies as are otherwise provided in this Declaration or by applicable Washington law. In addition, if any Tenant or occupant violates or permits the violation by his guests and invitees of any provisions of this Declaration, the Bylaws or the Rules and Regulations of the Association, the Board may give notice to the Owner and to the Tenant to immediately cease such violations. If the violation is thereafter repeated, the Board shall have the authority, on behalf and at the expense of the Owner, to terminate the tenancy and evict the Tenant (and all occupants) if the Owner fails to do so after Notice from the Board and an opportunity by the Owner to be heard. The Board shall have no liability to an Owner or Tenant for any eviction made in good faith.

Any costs (including reasonable attorneys’ fees) incurred by the Association in connection with the exercise of its rights of enforcement and remedies herein, including any such eviction, shall be collectible as a special assessment against the Owner.

16.6.4 Violation of King County Code. If any Tenant or occupant violates or permits the violation of by his guests and invitees of King County Residential Code, the Board may give notice to the Owner and to the Tenant to immediately cease such violations. If the violation is thereafter repeated, the Board shall have the authority, on behalf and at the expense of the Owner, to terminate the tenancy and evict the Tenant (and all occupants) if the Owner fails to do so after Notice from the Board and an opportunity by the Owner to be heard.

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