Everett, Washington
Covenants, Conditions and Restrictions
Covenants, conditions and restrictions are limitations and rules placed on homeowners by the Homeowner 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 against homeowners titles in the Snohomish County Auditors Office as document 9812080017.
These restrictive covenants differs from a zoning regulation in that there creation and enforcement is a matter of contract between the landowners whose properties are affected by it, rather than an exercise of the governmental police power. The landowners are members of the Homeowners Association and the association entities are recognized in the State of Washington under RCW Chapter 64.38.
Purpose of CC&R's
Property owners agree to stringent covenants and conditions that restrict the use and enjoyment of their own property for two main reasons:
- First, and most importantly, homeowners want to maintain or enhance their property's value.
- Second, homeowners want to use and enjoy their property without annoyance, distraction, or offensive use by their neighbors that falls short of being an actual violation of any existing law.
Covenants Vs. Laws
Zoning ordinances are limited in what they can control; they cannot control what type of person moves into a neighborhood and/or how he will maintain his property. Although it is true that most counties and local governments do have laws protecting residents from unsafe or unhealthy conditions on neighboring property, there is little they can do to prevent clutter, poor appearance, or just "bad taste." These indiscretions can cost a neighboring property thousands of dollars in appraised value, and can also impair home buyers' interest in it, should the owners attempt to move away from the offending property.
What Covenants Regulate
Covenants regulate what property owners can or cannot do with their property. When a geographically-restricted group of homeowners are bound by neighborhood covenants, individual homeowners are better insulated from the possibility that one errant homeowner will bring down the value of surrounding properties because of the appearance of his or her house. Covenants ostensibly ensure that a residential area will remain a desirable one to live in; that the properties contained therein will retain their value; and that, in return for some minor sacrifices, homeowners will be able to better enjoy their own properties. Zoning laws can change, leaving residents unprotected from the possibility that a home may be converted to an apartment or a neighbor may decide to raise chickens in their backyard.
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. Please note that anyone who witnesses a violation of the county leash law or other violations of the animal ordinances is encouraged to report the matter timely either by calling our Animal Control complaint line at 425-388-3440 or filing a complaint on line at https://petlicense.snoco.org/petcomplaints. Obtaining photographs of the alleged violation as it occurs is critically important and very helpful for the investigating Animal Control Officers. Photographs and signed sworn statements may be sent via fax to 425-259-2777 or by email to contact.licensing@snoco.org.
Cars or pick-up trucks parked in the street and the speed limits on the streets are also governed and enforced thorough Snohomish County Ordinance. Burn ban violations or other environmental violations are enforced by the agencies of the state.
Living with your Covenants
While many people are accustomed to such restrictions when renting or leasing residential properties, they do not realize that such limitations also can be placed on properties they own. "It's my property and I can do what I want with it" is a common retort that provides little defense for a home-owner who has breached a covenant attaching to his or her property.
