Everett, Washington
Covenants, Conditions and Restrictions
Covenants, conditions and restrictions are limitations and rules placed on homeowners by the Homeowners Association.
These limitations are a type of "real covenant" which is a legal obligation imposed in the property deed. They "run with the land" and are enforceable on subsequent buyers of the property. Valmont Park CC&R's are registered on a homeowner's title in the Snohomish County Auditors Office as document 9812080017.
These restrictive covenants, in creation and enforcement, are a contract between the landowners whose properties are affected by it, and the Valmont Park Homeowners Association. The landowners are members of the Valmont Park Homeowners Association and the association entities are recognized in the State of Washington under RCW Chapter 64.38. Some matters are regulated by Snohomish Co., some from zoning regulations, some from Washington State RCW 64.38, and soon, RCW 64.90.
Purpose of CC&R's
Property owners agree to stringent covenants and conditions that restrict the use of their property for three main reasons:
- First, and most importantly, homeowners want to maintain or enhance their property's value.
- Second, all homeowners want to use and enjoy their property without annoyance, distraction, or offensive use by their neighbors. Covenants attempt to outline these "violations", complaints, and unneighborly actions that fall short of being an actual violation of existing law.
- Third, Covenants clarify what is in neighborhood compliance with state law.
Covenants Vs. Laws
Zoning ordinances are limited in what they can control; they cannot control who moves into a neighborhood or how well they will maintain their property. Most counties and local governments do have laws protecting residents from unsafe or unhealthy conditions on neighboring property. However, Snohomish county or Washington state cannot prevent clutter, poor upkeep in house or landscape, or just "bad taste" on owner's property. These undesirable conditions in a property can cost a neighboring homeowner thousands of dollars in appraised value, and can also impair prospective home buyers' interest in it. Covenants and Restrictions address this concern.
What Covenants Regulate
Covenants regulate what property owners can or cannot do with/on their property. When a group of homeowners is bound by neighborhood covenants, individual homeowners are better protected from a neighbor's actions. Covenants provide that a residential area will remain a desirable one to live in, that properties will retain their value. In return for some sacrifices, homeowners will be able to better enjoy their own properties. Zoning laws and Washington state law can change, but attention to covenants, and what is lawfully recorded and signed by you, is important.
What Covenants Do Not Regulate
Typically, restrictive covenants do not attempt to overlap or take precedence over county ordinances or state law. Events such as dogs barking or running off leash are not addressed in the covenants because they are regulated through Snohomish County Ordinance. Anyone who witnesses a violation of the county leash law or other violations of animal ordinances is encouraged to report this information in a timely manner. Call the Animal Control complaint line at 425-388-3440. Or file a complaint online at https://petlicense.snoco.org/petcomplaints. Obtaining photographs of the alleged violation as it occurs is critically important and very helpful for investigating Animal Control Officers. Photographs and signed sworn statements may be sent by email to contact.licensing@snoco.org.
Cars or pick-up trucks parked on the street are governed and enforced through Snohomish County Ordinance. Speed limits on streets are also governed through Snohomish County. Burn ban violations or other environmental violations are enforced by state agencies.
