Lake Lucinda CC&Rs (revised July 2025)

AMENDED AND RESTATED DECLARATION OF

PROTECTIVE COVENANTS FOR LAKE LUCINDA COMMUNITY CLUB

A majority of the owners of Lake Lucinda Community Club hereby amend and restate the protective covenants for Lake Lucinda Community Club as set forth herein.

ARTICLE 1. DEFINITIONS.

1 . 1 “Plat” shall refer to the plat of Lake Lucinda Division No. 1 recorded under Thurston County Auditor’s File Number 865995 and such other recorded plats made subject to the provisions of this instrument as provided in Article 6 hereof.

            1 .2 “Real Property” shall refer to the Real Property described in all plats.

            1 .3 “Lot or “Lots” shall refer to the residential lots shown on the plats.

1 .4 “Club” shall refer to the Lake Lucinda Community Club, a Washington Nonprofit Corporation, UBI No. 601-582-810.

1.5 “Owner” shall refer to the Owner or Owners of the fee title to a lot, except that if a Lot is subject to a real estate contract, then, “Owner” shall refer to the holder or holders of a purchaser’s interest under such real estate contract.

1 .6 “Board of Directors” or “Board” shall refer to the individuals elected to manage the business and affairs of the Club.

1 .7 “Improvements” shall refer to new buildings, structures, fences, in-ground pools, driveways, major dirt work, and tree removal on developed parcels.

ARTICLE 2. LOT USE AND RESTRICTIONS.

2.1 Residential Use. No lot shall be used for any purpose other than for single family residential uses unless an Owner obtains prior, written consent from the Board. Notwithstanding the foregoing, home occupations which do not involve a storefront or business invitees to the Owner’s home are permitted. No part of the Real Property shall be used to conduct any commercial or business activity therefrom or for the keeping of large commercial/industrial equipment or paraphernalia of any business activity.

2.2 Leasing of Lots. “Leasing” is defined as regular, exclusive occupancy of a Lot by any person, other than the Owner, for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, or gratuity. All leases shall be in writing and shall be for an initial term of no less than thirty (30) days, except with the prior, written consent of the Board. Notice of any lease, together with such additional

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information as required by the Board, shall be given to the Board by the Owner within ten (10) days of execution of the lease. All Leases for any portion of the Residential Properties shall provide that lessees shall be bound by the terms and provisions of this Declaration, the Bylaws, and the rules of the Club. The Owner must make available to the lessee copies of the Declaration, Bylaws, and rules.

2.3 Common Driveways. A common driveway is a driveway used by two or more Owners for ingress and egress to their Lots. The cost of reasonable repair and maintenance shall be shared by the Owners using a common driveway. Owners have an obligation to ensure that all Owners have clear access along the common driveway to permit free and unobstructed use to Owners and/or their tenants, the agents, guests, and invitees of the Owners or their tenants, and any emergency responders.

2.4 Fences. Fences shall comply with any applicable local ordinances. No fence shall encroach any greenbelt.

2.5 Tree Removal. A Lot Owner must comply with local ordinances for any landscaping of the Owner’s Lot, including the removal of trees.

2.6 Tents, Campers, and Trailers. Use of tents, campers, and trailers shall be permitted up to 30 days, but only while actually and continually occupied by the Lot owner, their family, and guests. During such use, all waste, black water, and gray water must be disposed of through a sewage connection or an RV dump site. Any waste, black water, or gray water that is not properly disposed of will subject the Owner to fines and penalties. The permanent use of mobile homes will not be permitted. No temporary structure such as tool sheds, equipment or material storage sheds or trailers, etc., shall be permitted on a Lot prior to the construction of a permanent residential structure except as may be reasonably required incident to the construction of permanent improvements to a Lot and then only with the written permission of the Club.

2.7 Construction. The work of constructing any improvement on a Lot shall be constructed with reasonable diligence so that the exterior of the improvement shall appear to be completed within twelve months after the work on the improvement was commenced. No building shall be permitted on the Real Property for a period of more than twelve months unless the exterior surfaces thereof shall be finished with materials, such as siding and roofing, in a manner commonly acceptable for residential buildings the construction of which has been completed.

2.8 Club Approval. No improvements as defined in Section 1 .7 shall be made to a lot unless made in conformity with the plans and specifications accepted by the Club as hereinafter provided.

2.9 Litter, Junk, Debris. Each lot shall be maintained in a clean, neat, and sanitary condition and shall be kept free of litter, junk, equipment, building materials and

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debris, or other remains of any kind (including disabled vehicles), except that the reasonable keeping of building materials and equipment shall be permitted on a lot during the construction of the improvements thereon for a reasonable time. All refuse shall be kept in suitable containers, which shall be regularly emptied and maintained. The Board of Directors of the Club will decide what constitutes litter, junk, debris, etc. A disabled vehicle is defined as one which is unable to move under its own power.

2.10 Nuisance. Noisy, hazardous, noxious, offensive, immoral, criminal or illegal activity (“nuisance”) shall not be conducted on any Lot, nor shall anything be done or kept thereon which may be or may become a nuisance to the Owners, or which shall in any way interfere with the quiet enjoyment of any Owner.

2.10.1 General Nuisance. A nuisance which impacts the Club as a whole, a majority of its Owners, adversely impacts the health and/or safety of any individual Owner or Owners, or involves criminal or illegal activity shall be addressed by the Board of Directors, who may require that a representative from the Board of Directors, the Owner, and other affected parties participate in mediation if the Board is unable to resolve the nuisance with the Owner. The Board of Directors may issue a fine equal to no more than twenty-five percent the annual assessment for each nuisance that continues unabated for longer than three (3) months and such fine shall be a lien on the Lot and may be enforced as an assessment pursuant to section 4.5 of these Covenants.

2.102 Private Nuisance. A nuisance which impacts one or more neighboring Owners but does not create a health or safety issue or involve criminal or illegal activity, shall be addressed by the neighboring Owner or Owners directly with the Owner who is creating the nuisance. In such cases, the Board shall not be required to take action and shall have no authority to fine the Owner who is creating the nuisance.

2.1 1 Advertisements. No sign or advertising device shall be permitted on the Real Property except that a reasonable sign advertising an improved lot for sale or rent or disclosing the name of the owner or address of the lot may be maintained on the lot. All signs of a permanent or semi-permanent nature, shall require prior approval by the Club.

2.12 Animals. No animals, livestock, or poultry shall be raised, bred, or kept on any Lot for commercial purposes. Dogs, cats, poultry, and other household pets may be kept by owners on Lots for residential purposes provided they are kept either fenced in or leashed, and do not create a nuisance or health hazard.

2.13 Water Wells. No individual water wells will be permitted within Lake Lucinda Community.

2.14 Weapons._The shooting of any type of weapon or firearm shall be governed by applicable local ordinances.

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ARTICLE 3. ARCHITECTURAL CONTROLS.

3.1 Buildings and Site Improvements. Buildings, site improvements as defined in Section 1 .7, or any other such improvement that impacts community water levels such as the addition of pools or large outdoor water features, require the prior, written approval of the Board. A Lot Owner must submit an Application in writing for approval in accordance with Section 3.2.

3.2 Board Approval. These procedures apply whenever these Protective Covenants require a Lot Owner to obtain the prior approval of the Board before improving the Owner’s Lot.

3.2.1 The Lot Owner shall complete a written request for Board Approval along with a site plan, construction plans (where appropriate), and a description of the proposed improvements.

3.2.2 The Board may request that additional information may be submitted to the Board to assist the Board with evaluating the Owner’s written request.

3.2.3 Once the Board receives the Application and all supporting information and documentation requested by the Board, the Board shall notify the Owner that the Application is complete. The Board then has thirty (30) calendar days to review and approve or deny the Application or request additional information. If an Application is denied, the Board shall explain in writing its reason for denial.

3.3 Major Additions. Lot owners may perform major additions or alterations to property grounds requiring moving of earth and major topographical alterations once Application is approved.

3.4 Community Water. Any improvements that impact the community water supply levels, such as the installation of pools or other major water features must be approved by the Board.

3.5 Reliance on Third Parties. The Board may rely on the advice of such person or persons as it deems advisable in arriving at its decision hereunder. The Board and persons acting on its behalf shall not be responsible for any defects in any plan or specifications submitted and accepted by it or from any defect in any work done pursuant to any accepted plans and specifications.

3.6 Variances. The Board may approve any plan and specification for proposed improvements which may not conform specifically to these restrictions in order to overcome practical difficulties or prevent hardship in the application of these covenants; however, such variations shall not be approved if they are materially injurious to the

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interests of the Owners or other lots and if so approved shall not be deemed to be a waiver of any requirement hereof but deemed in furtherance of the proposed and intent of the provisions hereof.

ARTICLE 4. THE CLUB

4.1 Membership. Only lot owners, members of their households, and current tenants and members of their households, may be Members in the Club. Membership is appurtenant to a lot and is not transferable to a non-Member. Membership may be transferred only as a part of the transfer of the title of the lot to which it is appurtenant, subject to further requirements of the Club’s Articles of Incorporation and By-laws. All Members are entitled to the rights and privileges of membership in the Club and shall have the right to use and enjoy the facilities and services of the Club, subject to the rules, regulations and payments that the Club may establish from time to time and provided that such rules, regulations and payment shall be applicable on a uniform basis to all Members. Nothing herein shall prevent the Club from making its facilities and services available to others as it deems advisable.

4.2 Common Use Facilities. Portions of the real property used by the Club or transferred to it shall not be subject to the provisions of these covenants but shall be used for the common use facilities as the Club deems advisable for the benefit of its membership; however, in the event the club is lawfully dissolved and its assets liquidated, or the property is transferred by the club, then the restrictions provided for herein shall be effective as to the property owned or used by the club.

4.3 Acceptance. By accepting a conveyance or interest in any part of the real property, the Club and its membership agree to comply with provisions of this Article 4.

4.4 Assessments. In order to provide for maintenance and improvement of its various properties for its services, each owner of a lot, their heirs, successors and assigns, shall and do by accepting a deed or entering into a contract of sale as vendee, jointly and severally agree that they and each of them shall pay to the Club the assessments and charges levied in accordance with the by-laws of the Club. The Club may enter into an agreement for performance in services in lieu of payment of assessments and charges to the Club on such terms as the Club deems advisable.

4.5 Right to Lien. In the event that any assessment, fine, or other money due to the Club remains unpaid for a period of 60 days after the date when such payment is due, then the Club may record a Notice of Lien against the Lot for the amount owed with the Thurston County Auditor’s Office and shall provide a copy of the recorded Notice of Lien to the Owner. From and after recording of such Notice, the Club shall have a lien against the Owner’s Lot for the unpaid amounts owed to the Club, including any further charges, assessments, and attorney’s fees and costs. The total unpaid amount shall bear interest at the rate of 12% per annum until paid in full. Such lien may be foreclosed as

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provided in RCW 64.38, as the same may be amended or replaced, and in such foreclosure action the Club shall recover a reasonable sum as attorney’s fees and all costs and expenses incurred incident to the collection of such assessments and charges. The Club shall cause such lien to be satisfied of record when the assessments and charges due the club the membership have been paid currently. The Club may record such additional notices of lien thereafter as may be required in the event of subsequent delinquencies. There shall be no lien for charges and assessments unless and until the time that there is an unsatisfied notice recorded by the Club.

4.6 Water Service. In consideration of the rights and lien herein granted to the club, it hereby agrees to maintain and operate the water system and subject to payment of charges and compliance with regulations adopted by the Club, from time to time, provide water service to all the various lots until such time, if any, such function may be assumed by a public authority.

ARTICLE 5. GREEN BELTS AND WALKWAYS

5.1 Green Belts. The portions of the real property shown on the plat as “Green Belt Easements” shall be subject to the provisions of this Article 5 and are herein referred to as the green belts.

5.2 Control. The Club shall have exclusive and absolute control of the use of the green belts and no trees or other vegetation shall be removed therefrom and no improvements shall be made or placed within the green belt without the prior written consent of the Club.

5.3 Walkways. The Club shall maintain and may regulate and control the use of all walkways in green belts and in other areas of the real property shown on the plat as walkway easements, if any. Persons entitled to rights and privileges of membership in the Club and entitled to use its facilities may use such walkways for pedestrian traffic subject to the regulation thereof adopted by the Club.

5.4 Authority and Power. The Club shall have the authority and power, subject to approval of a majority, of all portions of the green belts or walkway easements from the restrictions herein provided for without the necessity of joinder of any other party. No implied right is intended to be granted to another person or property including the public by the words shown on the face of the plat with respect to such green belts or walkway easements.

5.5 Rubbish, Debris, and Waste. No person shall place anything, including expressly, and without limitation of the generality of the foregoing, any rubbish, debris or waste materials or vegetation on any part of the green belts.

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ARTICLE 6. MISCELLANEOUS PROVISIONS

6.1 Covenants Running with the Land. The covenants, restrictions, rights, liens, and encumbrances herein provided for shall be covenants running with the land and shall be binding upon the real property and any and all parts thereof, the parties and interest thereto and their heirs, assigns, personal representatives, and successors in interest. Accepting an interest in and to any portion of the real property shall constitute an agreement by any person, firm or corporation accepting such interest that they and each of them shall be bound by and subject to the provisions hereof.

6.2 Severability. In the event that any provision hereof shall be declared to be invalid by any court of competent jurisdiction, no other provision shall be affected thereby, and the remaining provisions shall remain in full force and effect. No waiver of the breach of any provision hereof shall constitute a waiver of subsequent breach of the same provision or of any other provision. No right of action shall accrue for or on account of the failure of any person to exercise any right hereunder or for attempting to enforce or relying on any provision, condition, restriction, or covenant which may thereafter be found to be unenforceable.

6.3 Disputes. If a dispute arises between the Board and a Lot Owner, the Board may require that the parties mediate with a mutually-selected mediator before either the Association or the Lot Owner takes legal action.

6.4 Enforceability. The Club and any parties in interest to any part of the real property shall have the right and authority to enforce the provisions hereof in addition to any other remedy for damages or otherwise, and shall have the right to injunctive relief. Except for the foreclosure of the lien provided for in paragraph 4.5 hereof, the prevailing party in any action to enforce any provision hereof shall recover a reasonable sum as attorney’s fees there in together with reasonable costs incurred incident to the prosecution of such action, which sums shall be paid by the unsuccessful party.

6.5 Venue. Venue shall be proper only in Thurston County Superior Court.

6.6 Club’s Right to Enter. If the conditions existing on a lot are in violation of the provisions hereof and continue to remain in violation after a period of 45 days after the Club mails written notice to the owner of a lot of such violation, then the Club may, though its agents or contractor, enter upon the lot and make the conditions of the lot conform to the provisions hereof. All costs and expenses incurred incident thereto shall constitute an assessment against the lot and if not paid shall entitle the Club to enforce the same as any other delinquent assessment against such lot.

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ARTICLE 7. AMENDMENTS

These covenants may be amended or replaced by an instrument in writing approved by a majority of the Lot Owners, which approval may be a ballot or consent signed electronically. The approval shall be certified by the Secretary in the instrument amending or replacing these covenants and recorded in the land records of Thurston County.

SECRETARY’S CERTIFICATION

The undersigned Secretary of the Club certifies that the Owners of 65 Lots, representing a majority of the Lot Owners, signed a written instrument approving the foregoing Amended and Restated Declaration of Protective Covenants.

Date Nathaniel George, Secretary

STATE OF WASHINGTON

THURSTON COUNTY, SS.

I certify or have satisfactory evidence that Nathaniel George personally appeared before me and on oath stated that he is the Secretary of Lake Lucinda Community Club and the foregoing certification is true and corre

Before me:

NOG Public for the State of Washington

Printed Name

Commission Expires