HOME OWNER MANUAL
Building Homes & Communities Since 1979 • LandedGentry.com • (877) 769-8070
Home Owner Manual Receipt
Congratulations on your decision to build a new home!
The Landed Gentry Homes & Communities family of affiliated companies is proud to deliver this copy of our homeowner manual to you as part of the purchase agreement materials for your new home:
Date ______
Selling Company ______
Community ______
Floor plan ______
Address ______
Legal ______
Please acknowledge for our records that you received this manual:
Purchaser______Date______
Purchaser______Date______
LANDED ll GENTRY H 0 M E S A N D COMMUNITIES
Dear Homeowner:
Congratulations on your decision to purchase a residence from Landed Gentry Homes & Communities. We share your excitement and look forward to working with you as we build your new home.
Landed Gentry designed this Homeowner Manual to assist you during and after the purchase of your home. The information presented here will answer many questions and prepare you for each step of the new home experience, making this exciting time easier.
In addition to guiding you through the process of purchasing and building, this manual provides you with maintenance guidelines and a description of our limited warranty program, component by component.
Please take time to review this material thoroughly. Note the amount of detail we have provided. Your new home will receive the same attention to detail.
Please bring this manual to all scheduled meetings. As we progress, you will add items to it. When complete, your manual will provide a useful record of inf01mation about your new home.
If you need clarification or additional details about any topic discussed, please give us a call. We are delighted to welcome you as part of the Landed Gentry family and are always ready to serve you.
Sincerely,
an Gentry Kendra Genti·y-Decker resident Executive Vice President Landed Gentry Ho s & Communities Landed Gentry Homes & Communities
504 East Fairhaven Avenue, Burlington, WA 98233 phone 360.755.9021 • fax 360.755.9029 • www.landedgentry.com
Dear Landed Gentry Homeowner,
Thank you for purchasing your new home from Landed Gentry! We look forward to working with you to personalize your new home! We have enclosed a preliminary options list for your review showcasing upgrade options available, along with a detailed list of specifications included with your new home at no additional charge. You will have the opportunity to view many of these options in person at your first selections appointment. Prior to our meeting, we encourage you to familiarize yourself with the options and write down any notes or questions that you have.
You will meet with our selections team multiple times at preset time points:
Our selections team will be in touch with you shortly after the acceptance of your Purchase Agreement. The purpose of this contact is to answer any questions you may have regarding the construction process and to establish a date for your first selections meeting.
1. The first opportunity to personalize your home is done with our sales team at the time of your purchase agreement. These options affect the structure of your home and/or the construction schedule. Because of this, these options cannot be added or changed after the contract has been mutually accepted. We refer to these selection items as pre-construction options (PCO’s). A list has been provided for you in your purchase contract.
2. The first selections meeting will be focused on the general selections such as: heating, plumbing fixtures, appliances, lighting fixtures, and electrical and low voltage items. We will review certain items in your Home Owner’s Manual (please bring it with you) as needed and review policies that we have regarding selections documents, payments, etc. There is a due date that must be met for these Phase- 1 selections so that we may begin the construction process. Payment, if applicable, for these selections will be due at this time.
All of your selections will be made using an ongoing selections addendum that tracks revisions made to your home. We will go over this in your first meeting. Once pricing has been quoted for your selected options, you can accept or decline the document. If you elect to accept the options, we ask that you sign the document and make full payment. In order to facilitate a smooth and even schedule for the construction of your new home, selections addenda that remain unsigned or unpaid become null and void.
504 East Fairhaven Avenue, Burlington, WA 98233
phone 360.755.9021 • fax 360.755.9029 • www.landedgentry.com
3. The second meeting will be to pick the flooring & surfaces. This Phase-2 meeting will be approximately two weeks after the Phase-1 meeting. Again, decisions and deadlines are important. This meeting may be lengthy (approximately three to four hours) because we have many products from which to choose as you personalize your home to reflect your tastes and lifestyle.
4. The last meeting is to orient you to your new home when it’s finished. This meeting is typically scheduled one week prior to closing. You will be able to walk through your home with our customer service representative as we finalize it for closing and delivery to you.
We are honored that you have chosen Landed Gentry to build your new home. If you have any questions, please feel free to contact our selections team using the contact information below.
Sincerely,
The Landed Gentry Selections team
**Prices are subject to change without notice. List is provided for estimation purposes only. Please see your Landed Gentry Selections Coordinator for confirmation of pricing.
504 East Fairhaven Avenue, Burlington, WA 98233
phone 360.755.9021 • fax 360.755.9029 • www.landedgentry.com Introduction Purchasing Your Home Arranging Your Loan New Home Selections 1 Construction of Your Home Homeowner Orientation Closing on Your Home
Caring for Your Home HOME OWNER MANUAL Limited Warranty Guidelines Fire Prevention 2 Extended Absences Energy and Water Conservation
Maintenance of Interior & Exterior 3 Materials and Systems
Forms Appendix
4
The Home Build Process Community Specific Information COMMUNITY ASSOCIATION: Public Offering Statement 5 Declaration of CCRs & Amendments Plat Maps and Bylaws Formation Documents & Budget
TABLE OF CONTENTS
SECTION 1
Section 1 - Contents ...... 1 Introduction ...... 2 What Happens Next? ...... 2 Purchasing Your Home ...... 3 - Purchase & Sale Agreement ...... 3 - Addendums ...... 3 Arranging Your Loan ...... 3 - Loan Application ...... 3 - Loan Application Paperwork ...... 4 - Loan Underwriting ...... 5 - Loan Lock ...... 5 - Loan Closing ...... 5 - Additional Tools ...... 5 New Home Selections ...... 5 - Included Features ...... 5 - Optional Features ...... 6 - Custom Features ...... 6 - Selections Process ...... 6 - Addendums (Change Orders) ...... 7 General Construction Information For Your Home Build...... 7 - Start of Construction ...... 7 - Site Visit Policies ...... 8 - Safety Procedures ...... 8 - Locks and Keys ...... 8 - Instructions for Changing Garage Door Key Pad Code ...... 8 - Plans and Specifications ...... 8 - Quality ...... 9 - Private Home Inspectors ...... 10 - Single Source ...... 10 - Trade Contractors ...... 10 - Schedules ...... 10 - Construction Sequence ...... 11 Final Walkthrough ...... 11 - Scheduling ...... 11 - Last-Minute Activity ...... 11 - Preparation ...... 11 - Completion of Items ...... 12 Closing on Your Home ...... 13 - Date ...... 13 - Location ...... 13 - Documents ...... 13 - "The Final Number" ...... 13 - Preparation ...... 14 - House Keys ...... 14 - Garage Door Opener Operators ...... 14 - Mailbox Keys ...... 14 - First Mortgage Payment (If applicable) ...... 14 - Storing Documents ...... 14 - Moving Hints ...... 14
SECTION 2
Section 2 - Contents ...... 15 Caring for Your Home ...... 16 - Homeowner Use and Maintenance Guidelines ...... 16 - Checklists ...... 16 - Prompt Attention ...... 16 - Manufacturer Literature ...... 16 Landed Gentry Limited Warranty Guidelines ...... 16 - Limited Warranty ...... 17 - Warranty Reporting Procedures ...... 18 - Warranty Item Processing Procedures ...... 19 - Help Us to Serve You ...... 19 - Warranty Service Summary ...... 21 Fire Prevention ...... 21 Extended Absences ...... 22 Energy and Water Conservation ...... 23
SECTION 3
Maintenance of Interior and Exterior Materials and Systems ...... 25 - Air Conditioning ...... 26 - Alarm System ...... 27 - Appliances ...... 27 - Asphalt ...... 27 - Attic Access ...... 28 - Brick, Stone and Masonry Products ...... 28 - Cabinets ...... 29 - Carpet ...... 29 - Caulking ...... 31 - Ceramic Tile ...... 31 - Concrete Flatwork ...... 32 - Condensation ...... 33 - Countertops ...... 34 - Crawl Space ...... 34 - Damp-Proofing ...... 35 - Decks ...... 35 - Doors and Locks ...... 36 - Drywall ...... 37 - Easements ...... 37 - Electrical System ...... 37 - Expansion and Contraction ...... 39 - Fencing ...... 39 - Fireplace ...... 40 - Foundation ...... 40 - Garage Overhead Door ...... 41 - Gas Shut-Offs ...... 42 - Ghosting ...... 42 - Grading and Drainage ...... 42 - Gutters and Downspouts ...... 43 - Hardware ...... 44 - Hardwood Floors ...... 44 - Heating System: Gas Forced Air ...... 45 - Heating System: Heat Pump ...... 47 - Humidifier ...... 48 - Insulation ...... 48 - Landscaping ...... 48
SECTION 3 – continued
- Mildew ...... 50 - Mirrors ...... 50 - Paint and Stain ...... 50 - Pests and Wildlife ...... 51 - Phone Jacks ...... 52 - Plumbing ...... 52 - Property Boundaries ...... 55 - Railings ...... 55 - Resilient Flooring ...... 55 - Roof ...... 56 - Rough Carpentry ...... 57 - Septic System ...... 57 - Shower Doors or Tub Enclosures ...... 58 - Siding ...... 58 - Smoke Detectors ...... 58 - Stairs ...... 59 - Sump Pump ...... 59 - Ventilation ...... 59 - Water Heater: Electric ...... 60 - Water Heater: Gas ...... 60 - Windows, Screens, French Doors and Sliding Glass Doors ...... 61 - Wood Trim ...... 62 - What to Expect of Your Hardwood Floor ...... 63
SECTION 4
Forms Appendix:
Loan Application Checklist Down Payment Worksheet Monthly Payment Worksheet Owner Walkthrough – Final Inspection Moving Preparation Checklist After Your Move Checklist Appliance Service Home-Care Supplies Maintenance Schedule Homeowner Comment Form Additional Warranty / Maintenance Information (if applicable)
SECTION 5
The Home Build Process Community Specific Information - Misc. Maps in Larger Format - Summary of Maintenance Responsibilities - Utility and Community Services Community Association: - Declaration of CCRs and Amendments - Plat Map - Bylaws - Formation Documents - Budget
Introduction Purchasing Your Home Arranging Your Loan New Home Selections 1 Construction of Your Home Homeowner Orientation Closing on Your Home
SECTION 1 Introduction 1. Landed Gentry Homes & Communities — some background on our company 2. What Happens Next? — an overview of the major steps in the home buying process Purchasing Your Home 1. Purchase & Sale Agreement — a brief description of each of the documents you will receive 2. Addenda — examples of attachments to your Purchase & Sale Agreement Arranging Your Loan 1. Loan Application — a list of the documents and information typically needed to complete the loan application form 2. Loan Application Paperwork — an overview of the forms involved in processing your application 3. Loan Underwriting — key points to be aware of regarding the loan approval process 4. Loan Lock — lock your loan only after Landed Gentry has provided you with a written TARGET delivery date 5. Loan Closing — avoid changes to your financial circumstances to protect your loan approval 6. Additional Tools — to assist you in determining the amount you have for down payment and monthly payments New Home Selections 1. Included Features — confirm which features are included in your new home (See Specification Sheets) 2. Optional Features — choose from many popular options to personalize your new home (See Selections Sheets) 3. Custom Features — Landed Gentry’s policy is not to allow custom changes to home structural designs, however some exceptions may apply. 4. Selections Process — steps and suggestions to guide you through the selections process 5. Addendums (Change Orders) — we will consider change requests in accordance with the process outlined in this manual General Construction Information for Your Home Build 1. Start of Construction — once you sign the blueprint plan (at your phase 1 meeting), we prepare to start construction 2. Site Visit Policy — for your safety, please adhere to these policies 3. Safety Procedures — please respect the potentially dangerous nature of a construction site 4. Locks and Keys — once you use your house keys, only your keys will open your home 5. Plans and Specifications — no two homes are alike 6. Quality — we monitor work on your home to ensure that the home we deliver meets the standards we promised you 7. Private Home Inspectors — if you opt to hire a private inspector, he or she must follow all policies and procedures 8. Single Source — Landed Gentry selects all personnel and orders all materials that go into your home prior to closing 9. Trade Contractors — trades people have no authority to make changes without Landed Gentry's written change order; questions you have should be communicated through your Sales Representative or Selections Coordinator 10. Schedules — delivery dates are a target until we confirm a closing date in writing; we promise a minimum of 30 days notice. Note: do not schedule movers until we have confirmed the move-in date. 11. Construction Sequence — an overview of the major steps typically followed in building a home Final Walkthrough 1. Scheduling — Landed Gentry sets Final Walkthrough appointments 5 working days prior to closing, between 8:00 AM and 3:00 PM; the walkthrough takes approximately 2 hours 2. Last-Minute Activity — many items are fine-tuned in the last few days before delivery 3. Preparation — hints on how to get the most from your walkthrough 4. Completion of Items — most items are completed prior to your move-in; any remaining work will be performed by appointment Closing on Your Home 1. Date — Landed Gentry provides a minimum of 30 days' notice for the closing 2. Location — the Title & Escrow company will set up this appointment with you and confirm the location of your closing at that time 3. Documents — an overview of the materials that you will sign at closing 4. “The Final Number” — due to pro-rations based on your closing date, the final amount you will need to bring can be determined only after your closing date is set 5. Preparation — reminders to assure you have addressed all necessary tasks prior to closing 6. House Keys — available to you the day of closing, after 4:00pm 7. Garage Door Opener Operators — left in a kitchen drawer in your new home 8. Mailbox Keys — available from your post office or Sales Representative 9. First Mortgage Payment — your lender will inform you where to send payments and when the first payment is due 10. Storing Documents — your closing documents are valuable papers; store them safely
11. Moving Hints — some reminders to make moving easier Communities Homeowner Manual 1
Landed Gentry Homes and Communities Homeowner Manual Introduction Landed Gentry Homes & Communities
Landed Gentry Homes and Communities has been part of the Northwest business community since 1979. Founded by Kendall and Nancy Gentry, Landed Gentry started as a small real estate sales and brokerage company. Over the years the company has evolved to help meet the needs of the community and today, in addition to sales, Landed Gentry offers land development and new home construction in communities that feature active adult, condominium, and all-age neighborhoods. Though the company has grown substantially over the years, it continues to be family owned and operated. Kendall and Nancy continue to be involved in the daily operations of the company along with son, Brian Gentry and daughter, Kendra Gentry-Decker. Landed Gentry builds planned neighborhoods that focus on the lifestyle of the homeowner and residents. Each community is thoughtfully created, from the land planning, amenities, and home design to the quality construction. Dedicated customer care follows each purchase. Landed Gentry is based in the Skagit Valley area, and their attention doesn’t leave the neighborhood as soon as the houses are finished. The Gentry family also owns Wee Care Early Learning Center, and were the founders of Home Place Special Care Centers and Where the Heart is Assisted Living Community. What Happens Next? An Overview of Your New Home Experience Purchasing a new home is an exciting experience. The process is also complex, with many details to be decided and arranged. While Landed Gentry is building your new home, you participate by taking care of several important aspects of your purchase. Building a new home is an investment of your money, your emotions, and your time. Many of the tasks will require your attention during regular business hours, Monday through Friday, usually between 8:00 AM and 5:00 PM The chronological list that follows outlines the events that typically take place in the purchase of a new home and provides an overview of the events that will require your time and attention. Where time frames are specified, you need to observe them in order for us to deliver your home on schedule. Purchasing Your Home The Purchase & Sale Agreement and various addenda constitute the legal understanding regarding the purchase of your new home. Please read this agreement and all attachments carefully. As with any legal agreement, you may wish to have your attorney review them. Once all the paperwork is signed, we suggest you insert those documents in this manual. Arranging for Your Loan Once you have signed the Purchase & Sale Agreement, finalizing the details of your financing is next. To assist you, we may suggest lenders appropriate for your specific financial situation. This section contains hints and information on the loan process. New Home Selections Several tasks need to be completed prior to the start of construction. Some of these are our job; some are yours. Shortly after signing the Purchase & Sale Agreement, your sales agent will give you a copy of your selection sheets along with a letter from your Selections Coordinator. She will then contact you to set up your Phase 1 Selections Meeting. Please be aware that any PCO or structural options must be made prior to final of your PSA. This is the first of two meetings to take place at the Landed Gentry office. At that meeting you will be given a floor plan for your home, your Selections Coordinator will explain the selections process in more detail, will schedule all future appointments and will answer any questions you may have about the process. Please bring this manual and your calendar for scheduling to this appointment. At this Phase 1 Selections Meeting, you will finalize most of your choices for your new home, specifically those items categorized under Phase 1 of the Selections Sheets. You will also begin your electrical and low voltage redline process. These decisions must be completed at this meeting, so come prepared. At the Phase 2 Selections Meeting we will address your choices for floor coverings, countertops, window coverings, and finalize your electrical. Construction of Your Home (see “General Construction Information For Your Home Build” found later in this Section 1) Final Walkthrough The Final Walkthrough occurs just prior to closing. The first task is to confirm that we have delivered your new home at the quality level described in our documents and with all your selections correctly installed. Equally important, we want to demonstrate the features of your home and discuss maintenance and our limited warranty program. For detailed information, please review additional information in this section.
2 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Closing on Your Home The Closing on Your Home section describes the documents you will sign and other important details about the closing process. We have included guidelines to assist you in preparing for closing and move-in. Caring for Your Home Many of your responsibilities as an owner under the terms of our limited warranty are discussed in Caring for Your Home, Section 2. Begin now to become familiar with the home maintenance you should provide and our warranty service commitment to you. Landed Gentry plans Two (2.) standard contacts with you during the warranty period. These visits and procedures for services outside these standard contacts are also described in Section 2. Your Feedback and Suggestions Our desire to maintain open communication with you extends through the buying process and after your move-in. In an effort to improve the product and service we provide, we welcome your comments on how we've performed. Our goal is to build the best home and the best customer relationship possible. Your feedback helps us reach that goal. As time passes, if your housing needs change, we are ready at any time to build you another home. We also appreciate your referrals for friends and family. Our office is always happy to provide you and others with information about where we are currently building and the products we offer. Purchasing Your Home You will use several standard forms when you buy your new home. These include the Purchase & Sale Agreement and several addendums. These agreements become binding only when all parties have signed all forms and attachments. If you are new to the United States, Landed Gentry welcomes you and understands that you may be unfamiliar with our business procedures and traditions. We will gladly discuss any questions you may have about the U.S. business practices we will be following. Purchase & Sale Agreement Landed Gentry utilizes standard Northwest Multiple Listing Service (NWMLS) forms, along with specialized seller/builder addendums. The Purchase & Sale Agreement is the legal document that represents your decision to purchase a home. It describes your home (both a legal description and the street address), financing information, homeowner association information, and additional legal provisions. We recommend that you read these documents carefully. Several exhibits are typically attached to the Purchase & Sale Agreement. The features of the community determine the specific items, but the list below is typical. Addendums Addendum #1: Closing & Warranty Specific conditions & disclosures related to the purchase and warranty of your new home. Addendum #2: Purchase & Sale Worksheet Calculation of purchase price and deposits required. Site Plans: Diagrams of your new home and homesite layout. Homeowner Manual This book is your Homeowner Manual. It will guide you through the building process and serve as a useful reference after your move in. Homeowner Association Documents (if applicable) Section 5 of this Homeowner Manual includes copies of association materials, and space for additional materials to be added as needed. Arranging Your Loan The first items you'll need to take care of are selecting a lender and completing a mortgage application. Plan to accomplish this within 5 business days of signing your Purchase & Sale Agreement. Take your completed agreement with you when you first visit your lender. Your lender's job is to understand your particular financial circumstances. You will review all information on the application at your meeting with the loan officer. A situation rarely arises that your loan officer has not encountered in the past. Do not hesitate to discuss any questions you have regarding assets, income, or credit. By providing complete information, you prevent delays or extra trips to deliver documents. Loan Application The amount of documentation and information required for a mortgage can seem overwhelming. You can facilitate the application process by collecting as much of the required information as you can before your appointment. The following list is a general guide to assist you with the application process. Some of the items listed may not apply to you, and your lender may request some items that we have not mentioned, but this list will get you started. This list is also available as a checklist in the Forms Appendix.
Credit Report and Appraisal . You may be asked to pay for the credit report and appraisal upon signing the loan application.
3 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual
Property Information . The Purchase & Sale Agreement will include the legal description of the property and the price. Personal Information . Social Security number and driver's license for each borrower . Home addresses for the last two years . Divorce decree and separation agreements, if applicable . Trust agreement, if applicable Income . Most recent pay stubs . Documentation on any supplemental income such as bonuses or commissions . Names, addresses, and phone numbers of all employers for last two years . W-2s for last two years . Documentation of alimony or child support, if this income is considered for the loan . If you are self-employed or earn income from commissioned sales, copies of last two years of tax returns with all schedules and year-to-date profit and loss for current year, signed by an accountant Real Estate Owned . Names, addresses, phone numbers, account numbers for all mortgage lenders for the last seven years . Copies of leases and two years of tax returns for any rental property . Market value estimates Liquid Assets . Names, addresses, phone numbers, account numbers for all bank, credit union, 401K, and investments . Copies of the last three month's statements for all bank accounts . Copies of any notes receivable . Value of other assets such as auto, household goods, collectibles . Cash value of life insurance policies . Vested interest in retirement funds or IRAs Liabilities . Names, account numbers, balances, current monthly payments for all revolving charge cards . Names, addresses, phone numbers, account numbers for all installment debt, and approximate balances and monthly payments for such items as mortgages, home equity loans, auto loans . Alimony or child support payments . Names, addresses, phone numbers, account numbers of accounts recently paid off, if applicable Loan Application Paperwork Once your loan officer has all of your preliminary information, your lender sends verification forms to your employers, banks, and current mortgage company or landlord, and also orders a credit report and appraisal. You sign a release to authorize these steps. Your lender will provide you with a Good Faith Estimate and a Truth-in-Lending Disclosure. Good Faith Estimate: The Good Faith Estimate lists the estimated costs you will incur at closing. Some of the numbers listed on this form are pro-rations, subject to change based on the actual date of the closing. Others are set fees that should remain the same. Truth-in-Lending Disclosure: The Truth-in-Lending Disclosure shows the total cost to you, over the term of the loan, for your specific financing. The calculation is based on the assumption that you own the home and make regular payments throughout the term of the loan. Verification of Employment: The lender sends Verification of Employment (VOE) forms to all employers for the last two years. The employers complete, sign, and return the forms to the lender. The forms show the dates of employment, the amount of money you earned last year, and how much you have earned so far this year. The VOE documents bonuses and overtime you earned. Verification of Deposit: Verification of Deposit (VOD) forms go to each banking institution listed on your application. The institutions indicate the date you opened each account, average balances for the last three months, and the amount of money you have in each account on the day they complete the form. Any loans or overdraft accounts you have with the bank will also be shown. Verification of Mortgage: Mortgage companies and landlords complete the Verification of Mortgage (VOM) forms. These show the lender how much you owe, the amount of your monthly payment, and whether you make your payments by the due date. Credit Report: Your credit report shows the amounts you owe to each of your creditors, minimum monthly payments and payment history. The appraisal confirms the value of the home you are purchasing both for you and your lender.
4 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Loan Underwriting Typically, several weeks pass as these reports and forms are returned to the lender. If any delays are encountered, the loan officer may contact you for assistance. The credit reporting agency may call you to verify that the information they have gathered is correct. Once the loan processor has collected this standard documentation, you may be asked to write letters describing your assets, income, or credit. Few loans are finalized without requests for additional information just before the package is submitted to the underwriter for final approval. At this point you may become frustrated with the loan process. Remember that your lender requests these letters to assist you in obtaining your financing. Do not hesitate to discuss your concerns with your loan officer. He or she may be able to provide some additional insight into what might seem to be redundant requests. Loan Amount Requested: Before the processor submits your file to the underwriters for final approval, he or she will verify the final sales price. Make sure that copies of all addenda such as Addendums (change orders) signed after the original Purchase & Sale Agreement was completed have been sent to the lender. This assists the lender in determining the exact loan amount. If Addendums (change orders) affect the total price after this point, you may have to resubmit your loan application for the higher amount or the lender may ask you to pay for the additional items in cash. Loan Approval: During your first meeting, you and your lender determine the timing for pre-qualification. This allows us to start the home even though final approval is still pending. You will discuss additional items that you may need to obtain final loan approval. Several weeks after your first meeting with the lender, you should receive loan approval. If any documents requested have not been returned to the lender in a timely manner, approval may take longer. Contingencies: Loan approvals often carry conditions of approval. The sale of a previous home or proof of funds are two examples. Discuss any concerns you may have about such conditions with your loan officer and obtain any requested documentation as soon as possible. Once all contingencies are met, the final loan can be approved. Loan Amount Approved: If you qualify for an amount that is less than you requested, ask your loan office what changes might qualify you for a larger loan. Or, consider omitting some items now (such as a deck) and adding them to your home later. Another possibility is to talk to another lender with different programs and different requirements. Loan Declined: If after your best efforts, you are not approved for a loan within 15 days of signing your agreement, in accordance with the Purchase & Sale Agreement, Landed Gentry may elect to refund your deposit upon your signing a release letter and returning this Homeowners Manual to the sales office. Loan Lock The only thing anyone knows for certain about interest rates is that they will change. Do not rely on anyone's predictions regarding rates. Locking your rate prematurely can result in extra expense if your new home is not complete in time to close within the lock period. We are happy to update you throughout the process of construction on the target delivery date. As referenced in your Purchase & Sale Agreement, the decision to lock your loan is at best a gamble. Loan Closing Between the time your loan is approved and the date of your closing, remember that any significant changes in your financial circumstances could impact your loan approval. If your closing occurs more than 30 days after the lender issues your loan approval, the lender may order an additional credit report just prior to the closing date. Changes in your financial circumstances, for example, purchasing a new car or increases in your charge card will appear as a new liability on your updated credit report. Such changes may cause your lender to reconsider your approval. Holding off on such purchases until after closing is usually best. Additional Tools To assist with your loan application process, a “Down Payment Worksheet” and a “Monthly Payment Worksheet” are included in the Forms Appendix. New Home Selections Part of the fun of buying a new home is selecting features, finish materials, and colors. We are happy to assist you in the exciting process of personalizing your new home. You will make most of these choices at the Landed Gentry design center with our knowledgeable selections coordinators. As you make your choices, consider your present and future lifestyle. Take into account your family's daily activities, hobbies, work, entertaining, and your family's holiday traditions. Landed Gentry’s Selections Coordinators will guide you through this process. Note: For models or homes already under construction, Landed Gentry will most likely have made some or all of these choices already. Included Features Each floor plan includes a substantial number of standard features as listed on the Included Features List of the Prospectus and/or the Community Specification Sheets available from your Sales Representative or Selections Coordinator. Please review this information carefully to prevent any misunderstandings about which features are included in the base price of your new home. Your Selections Coordinator will assist you with choosing the finishing details for your new home based on options available. Keep in mind
5 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual
that not all standard features may be changed. In addition, the construction schedule imposes time limits on decisions relative to the components of the home. These cut-off dates are explained later in this section. If you have any questions, your Selections Coordinator will be able to assist you. Optional Features Based on feedback from our customers, Landed Gentry has developed a list of the most popular options available for the home plans in your new community. The Selections Sheets are organized by components: heating, electrical, plumbing, and so on; and includes the current pricing for most items. The list is updated regularly based on feedback from our customers and fluctuations in costs. These options are community specific. Custom Features We recognize that the possibilities for your new home far exceed the popular features we offer on our options list. We make no claim that we mention or offer every possible idea, and in addition to the available options, you may have custom features you want us to consider incorporating into your new home. However, we are a semi-custom production based builder; and therefore in the interest of meeting your schedule, adhering to architectural conformity and local building codes, working with available suppliers, and ensuring our ability to offer a warranty, along with other potential constraints, Landed Gentry reserves the right to deny these requests. We will assist you in any way that we can to make these decisions as early as possible – the sooner the better for construction purposes. Landed Gentry’s policy is not to allow custom changes to home designs. On occasion, we may consider requests for custom features, but a non-refundable design/pricing deposit is required. The deposit does not obligate Landed Gentry to comply with the request if it is deemed impractical following pricing and design review. The deposit is non-refundable even in the event you decide not to proceed. Selections Process 1. Your Selections Coordinator will schedule Phase 1 and Phase 2 Selections Meetings with you to review the build process, provide a set of plans for your review, and answer any questions you may have. You will also receive copies of the selections sheets. Please spend time reviewing lights, switches, and TV(AV)/Phone/Data plate locations, and phone locations. Note: Outlets cannot be moved as they are set by code, but additional ones may (community specific) be purchased. TV(AV)/Phone plates can be moved at this stage to suit your needs. 2. Selections Meetings will be scheduled as soon as possible. Plan to finalize your choices according to the time limits outlined in the Selections Sheets, especially for items requiring advance notice. Your prompt completion of these selections helps prevent delays caused by backorders. Informed Choices – We recommend that you review the maintenance tasks and warranty guidelines in Sections 2 and 3 of this manual prior to making your selection decisions. Be Thorough – The Selections Sheets are very detailed, so be sure to fill in all information completely. Costly errors arise from incomplete lists. Please double-check all color and style details, square footages, pricing totals, and locations on your floor plan. Initial and date each page, and sign and date where indicated on the main worksheet. Exterior Choices – You will make exterior selections with your Sales Representative at the time of signing your Purchase & Sale Agreement. The Selections Coordinator cannot change the exterior color choice. We require that you choose from the standard color options that have been predetermined for your neighborhood. Viewing existing homes is a good way to select exterior colors, as materials often look different on a full-size home. Please note that your community association and the selections your future neighbors have made may limit your choices for exterior finish materials or colors. Selection Hold – We reserve the right to place a hold on your selections until your lender has approved your loan and all contingencies are released. Availability – If a selection you make turns out to be unavailable, we will contact you and request that you make an alternate selection. Because so many choices are offered, Landed Gentry is unable to predict when a particular manufacturer or supplier may discontinue any particular item. We regret any inconvenience this causes. Similarly, materials readily available when your home is built may not be available in years to come if replacements are needed. Record of Selections – Please retain your Selections Sheets for future reference. They are useful for matching paint colors, tile grout, and replacement items in your home. Colors – You are welcome to bring cushions or swatches to the design center to coordinate colors. Remember to view color samples in both natural and artificial light to get an accurate impression of the color. Variations between samples and actual materials installed can occur as a result of the manufacturer's coloring process (dye lots) and the fact that over time, sunlight and other environmental factors affect the samples. Some colors will appear different when seen in a large area as opposed to the sample. This is particularly true with tile, slate and other natural materials.
6 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Addendums (Change Orders) Landed Gentry uses an “Addendum/Endorsement to Agreement of Sale” (Change Order#) form, two primary ways: 1st – to describe and document any changes you may request to your new home's plans or specifications, and 2nd – to price certain upgrades. By using an Addendum, you may also request pricing for a new component or change a selection previously ordered. In order to deliver your home as close as possible to the target date, we order materials well in advance of installation. Once an item is ordered, making further changes may require adjusting the delivery date and entail additional costs. Processing When you request a change, the Selections Coordinator will document the request and submit it for approval and, in the case of custom changes, pricing. Pricing of custom changes requests typically takes 5 to 7 business days. Sometimes, a seemingly minor change impacts other elements of the home, and therefore may come with hidden costs. For example, if you order a ceiling fan, wiring is added and the framing that will hold the fixture is reinforced. Changes of any kind requested after the phase cutoff dates for your home’s construction include a $250.00 administrative fee. This is necessary because previously issued paperwork must be canceled and reissued. If the change you request impacts the construction schedule, our pricing will include construction loan interest for the additional days and any other impact fees. The cost of deleted items will be credited to you, although administrative fees are non- refundable. Changes are subject to approval by Landed Gentry. Information on pricing and any schedule adjustment is returned to your Selections Coordinator who will then contact you for a final decision. If you elect to proceed with the change, we ask that you sign the change order and make full payment. Change orders that remain unsigned or unpaid become null and void upon the expiration date shown on the change order. For the protection of all concerned, all changes are documented and incorporated into your new home only after: • Landed Gentry has approved and signed the change • You have approved, signed, and paid for the change prior to its expiration date • The applicable building department has approved the change, when applicable Our contracts with our trade contractors prohibit them from Selections / changes affecting: Must be made and paid making any changes to plans or specifications without foundation, floor plan, plumbing, mechanical written authorization from Landed Gentry. systems, appliances, windows, doors, trim, At Phase 1 Selections - 7 Cutoff Points for Selections and Changes hardware, mirrors, bathroom fixtures, days Following Landed Gentry follows a schedule of cutoffs for changes, as closets, window blinds, cabinetry, lighting, shown at right. Because of the need to schedule trade audio-video, security, and electrical contractors and order materials in advance, Landed Gentry floor coverings, countertops, finalize Phase 2 Selections – 7 reserves the right to deny changes requested after these electrical & low voltage days Following cutoffs.
Note: After your Phase 2 Selections Deadlines, no changes are allowed. General Construction Information For Your Home Build The construction of a new home differs from other manufacturing processes in several ways. By keeping these differences in mind, you can enjoy observing the construction process as we build your new home. • As a consumer, you rarely have the opportunity to see the product you purchase from start to completion. Your new home is created specifically for you. • You have more opportunity for input into the design and finish details of a new home than for most other products. Our success in personalizing your home depends on your effective and timely communication of your choices. • Because of the time required for construction, you have several opportunities to view your home as it is built, ask questions, and discuss details. Start of Construction Before construction of your home can begin, Landed Gentry has several important tasks to accomplish that involve outside people and entities that may affect the start date. For example: • Changes to the plans may necessitate revision of engineering for the home. This must be completed prior to finalizing the Purchase and Sale Agreement and can take from several days to several weeks. • Residential construction requires that we obtain a building permit. The process varies and can take a few weeks to months, depending on the volume of applications being processed by the building department. This volume varies from month to month. Generally, we allow a few weeks. • The time of year may affect the start date because of the weather conditions.
7 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Site Visit Policies We share your excitement for the process of creating your new home, and we understand your desire to see your home as it is built. We will do everything that we can to accommodate occasional work site visits; however, a number of factors contribute to our ability to meet your requests. Factors such as insurance mandates, the safety needs of our construction workers, staff and visitors, the conditions associated with the various construction phases, as well as scheduling requirements, oblige us to enforce the following site visit policies: • All visits must be scheduled in advance. To make an appointment, please contact your Sales Representative. Do not enter the job site without having made prior arrangements. • On-site workers must not be interrupted or distracted in any way. • All safety procedures must be carefully followed. Please refer to “Safety Procedures” in this section. • We reserve the right to delay your visit, based on circumstances at the site such as physical obstacles, equipment operation, hazardous chemicals, weather conditions, etc. • Please note that for many reasons, we cannot allow you to paint or install any materials in the home until after closing. Safety Procedures A new home construction site is exciting, but can also be dangerous. Your safety is of prime importance to us. Therefore, we require that you stop by the sales office before visiting your homesite. We reserve the right to require that you wear a hard hat and that a member of our staff accompany you during your visit. Please observe common sense safety procedures at all times: • Wear appropriate clothing and shoes – remember, this is an active construction site! • If you plan on children accompanying you to the site, please keep older children within view and younger children within reach, or make arrangements to leave them elsewhere when visiting the site. • Do not walk backward, even one step. Look in the direction you are moving at all times. • Watch for boards, cords, tools, nails, or any construction materials that might cause tripping, puncture wounds, or other injury. • Do not enter any level of a home that is not equipped with stairs and rails. • Stay a minimum of six feet from all excavations. • Give large, noisy grading equipment or delivery vehicles plenty of room. Assume that the driver can neither see nor hear you. • Do not interrupt or distract the workers. • Do not enter the structure when overhead work is being done. • Follow all instructions from on-site staff. If you are asked to leave, please know that it is to protect your safety and that of our workers and trade contractors. In addition to safety considerations, be aware of the possibility that mud, paint, drywall compound, and other construction materials are in use and can get onto your skin and clothing. Locks and Keys Once exterior doors and locks are installed, we will access your home with a construction master key or by use of a special code on the garage door opener. Company policy prohibits staff members from loaning these keys to customers. When you take possession, please make sure that you change the access code to your garage door, as many people may have the previous construction code. Instructions for Changing Garage Door Key Pad Code (1) Press the red button on the back of the opener (2) Enter your new 4-digit number on the key pad on the side of the garage (3) Press the enter key Plans and Specifications The building department of the city where your new home is located must review and approve all plans and specifications. We construct each home to comply with regulations of the applicable building department. Additionally, Landed Gentry builds your home based on those plans and specifications you have signed. Your specifications become part of our agreements with trade contractors and suppliers. Only written instructions from Landed Gentry can change these contracts. Landed Gentry reserves the right to make changes deemed necessary. If you notice that your home differs from other homes in the community or the model home you viewed, remember that many factors can cause variations between existing homes and the home we deliver to you. Regulatory Changes From time to time, city or county agencies adopt new codes or regulations that can affect your home. Such changes are usually adopted in the interest of safety and are legal requirements with which Landed Gentry must comply. Therefore, builders may construct the same floor plan slightly differently in two different jurisdictions or at two different times within the same jurisdiction.
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Individual Foundation Designs Another area where variations among homes can appear is in the foundation system. The foundation design is specific to each lot. Your foundation may differ from your neighbors' foundation or that of the same home in another neighborhood. Topography and Homesite Conditions Because each homesite is shaped differently, the position of your home on the site may vary from others in the community. You will receive a copy of a site plan, a drawing that shows you the home's position on your homesite. Landed Gentry reserves the right to shift the home to avoid buried utilities or other obstacles. In addition, exterior elevations of each home are affected by the topography, or surface contours, of your homesite. For instance, slope on the site may affect the configuration of the driveway, walks, steps, and rails. Exterior finish varies in accordance with the slope, and retaining walls are sometimes required. Our construction practices include steps intended to preserve trees in a healthy condition. However, because the reaction of trees to construction activities is outside our control, we cannot guarantee the health or survival of any existing trees. Utilities and Mailboxes The location of meters, phone and electrical junction boxes, and mailboxes are examples of items outside the control of Landed Gentry. The authority of the utility companies and the U.S. Postal Service to designate the placement of these items is well established. Changes in Materials, Products, and Methods The new home industry, building trades and manufacturers are continually working to improve methods and products. Manufacturers sometimes make model changes that can impact the final product. For instance, appliance manufacturers generally make design changes every year. Model homes will show the appliances that were current when the models were built, while your home may have a more recent version. In all instances, as required by your Purchase & Sale Agreement, any substitution of method or product that we make will have equal or better quality than that shown in our models. Since such substitutions or changes may become necessary due to matters outside our control, we reserve the right to make them without notification. Show Model Model homes may be equipped with larger capacity air conditioners to accommodate additional traffic. Models also display many decorator items, window coverings, and furnishings. Mature landscaping, extra walks, fences, lighting, fountains, signs and flags are other examples of items which are not part of the home we will be building for you. Please review your home's specifications as well as information Landed Gentry provides about optional items displayed in the models carefully to avoid misunderstandings. Contact your Sales Representative with any questions. Because finish sizes can vary somewhat, you should measure for window coverings in your home rather than in any model. Television and the Internet You may be aware of various home construction methods and materials from watching television programs or exploring the Internet. Landed Gentry routinely reviews new approaches with a focus on building homes with materials and methods that perform predictably and to our standards. While we will be happy to discuss alternative methods and materials you may be interested in, we take a conservative approach to utilizing new approaches until they have been proven over time. In addition, what is appropriate for a home in one area may not be appropriate for your home because of soil, climate, and other conditions. Natural Variations Dozens of trade contractors are involved in the assembly your home. The same individuals rarely work on every home and, even if they did, each home would still be unique. The exact placement of switches, outlets, registers, window location, exact square footages and, so on will vary slightly from the model and even other homes of the same floor plan. If there are specific locations you want certain items (i.e. ceiling lights, outlets, switches, please let your Selections Coordinator know during your Selections Meetings. Options offered are community specific. Quality Our company will build your home to the quality standards described in our documents and demonstrated in our model homes. Each new home is a handcrafted product, combining art, science, and raw labor. The efforts of many people with varying degrees of knowledge, experience, and skill come together. Errors and Omissions From time to time during a process that takes several months and involves hundreds of people, an error or omission may occur. We have systems and procedures for inspecting our homes to ensure that the level of quality meets our requirements. We inspect every step of construction and are responsible for quality control. In addition, the county, city, or engineer conducts a number of inspections at different stages of construction. Your home must pass each inspection before construction continues. Your Questions We also respect your interest and appreciate your input into our system. However, to avoid duplication of efforts, confusion, misunderstandings, or compounding errors, we ask that you first check your purchase documents to review what you ordered and the specifications for construction of your home. If you still believe we are in error, do the following:
Contact your Selections Coordinator, in writing (email) with your questions. Also, keep the following points in mind when notifying us of a concern:
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• Your concern may involve a detail that has already been noted. Still, corrections may not occur immediately. Trade contractors and suppliers often impose trip charges for extra visits to the homesite, so to be efficient, we may schedule the correction for the next routine visit. Also, a particular trade may be unavailable on short notice. • Work may simply be incomplete; early stages might look wrong to you but be exactly right when finished. • Methods and materials vary from region to region and change over time. When you are familiar with one method, you naturally question a different one. That does not make the new method wrong. Ask questions until you are comfortable. Ugly Duckling Stages During the construction process, every home being built experiences some days when it is not at its best. Homes under construction endure wind, rain, snow, foot traffic, and activities that generate noise, dust, and trash. Material scraps are a byproduct of the process. Although your new home is cleaned regularly during construction process, during your visits you will encounter some messy moments. Keep in mind that the completed homes you toured also once endured these "ugly duckling" stages. Private Home Inspectors If you wish to retain the services of a private home inspector to review your home during or at the end of construction, please be aware of Landed Gentry policies regarding private inspectors. Your inspector: • Must provide us with evidence of current worker's compensation and liability insurance. • Must be a member of a professional association such as the American Society of Home Inspectors. • Must be familiar with the codes applicable in your jurisdiction. • Should be experienced with new home construction. • Is responsible for staying informed as to the stage of construction the home has reached. • Should avoid making any markings on the home itself. • Should provide you and Landed Gentry with a written report of any concerns. • Must be accompanied by a Landed Gentry representative and a fee may be charged. • Must follow all safety regulations. Single Source Landed Gentry is a single source company. That means that we select all personnel and companies who will contribute to your home. We order all materials and products from suppliers with whom we have established relationships and comply with our quality and insurance standards. For this reason, Landed Gentry does not install materials supplied by customers. Trade Contractors Your home is built through the combined efforts of specialists in many trades – from excavation and foundation, through framing, mechanicals and insulation, to drywall, trim and finish work. In order to ensure you the Landed Gentry's standard of construction, only authorized suppliers, trade contractors, and Landed Gentry employees are permitted to perform work in your home. Each trade contractor works on a limited portion of the home; they may not be aware of all the details that affect the home and are not in a position to offer judgments. All questions or requests for changes must go through Landed Gentry, and we will obtain input from trade contractors when that is appropriate. Suppliers and trade contractors have no authority to enter into agreements for Landed Gentry. For your protection and theirs, the terms of our trade contractor agreements prohibit alterations without written authorization from Landed Gentry. Their failure to comply with this procedure can result in termination of their contract. Discuss changes you are considering only with your Selections Coordinator – not with the construction workers. Schedules The delivery date for your new home begins as an estimate. Until the roof is on and the structure is enclosed, weather can dramatically affect the delivery date. Even after the home itself is past the potential for weather-related delays, weather can severely impact installation of utility services, final grading, and concrete flatwork, to mention a few examples. Extended periods of wet weather or freezing temperatures bring work to a stop in the entire region. When favorable conditions return, the trade contractors go back to work, picking up where they left off. They are as eager as you are to get caught up and to see progress on your home. Please do not schedule movers until we have confirmed the move-in date. Delivery Date Updates Landed Gentry recognizes that timing is critical to planning your move. Although a guaranteed date is unrealistic in the early stages of construction, we can provide regular updates. As the home nears completion, your Sales Representative can provide a more firm delivery date (usually 60 days before the closing), and will notify you of any schedule changes. Meanwhile, be flexible and avoid making arrangements that might cause you worry if the move-in date changes. • We will update you on the estimated delivery date at each of our construction meetings. You may review provisions regarding completion in your Purchase & Sale Agreement. You are also welcome to check with us for the most current target date. As completion nears, more factors come under our control and we can be more precise about that date. Expect a relatively firm closing date issued no later than 30 days before delivery; typically 60 days.
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• We suggest that, until you receive this commitment, you avoid finalizing arrangements for your move. Until then, flexibility is the key to comfort, sanity, and convenience. We want you to enjoy this process and avoid unnecessary stress caused by uncertainty that cannot be avoided. Review the Loan Lock heading under Arranging for Your Loan for additional suggestions on this topic. • Please keep in mind that your belongings may be brought into the home only after receiving keys, the day of closing, because of insurance issues, security, and the regulations of the applicable building department. "Nothing's Happening" You should expect occasional days during construction of your home when it appears that nothing is happening. This can occur for a number of reasons. For example, each trade contractor is scheduled days or weeks in advance of the actual work. This period is referred to as "lead time." Time is allotted for completing each trade's work on your home. Sometimes, one trade completes its work a bit ahead of schedule. The next trade already has an assigned time slot, which usually cannot be changed on short notice. Progress also pauses while the home awaits building department inspections. This is part of the normal sequence of the construction schedule and occurs at several points in every home. Also, throughout construction of a home, work progresses rapidly at some stages as highly visible components are completed (such as installing large expanses of walls) and more slowly at others (such as detail work in framing in soffits and closets). If you have questions about the pace of work, please contact your Sales Representative or Selections Coordinator for an update. Do not interrupt site managers or laborers, as they will not have the information you need. Construction Sequence Although the specific sequence of steps varies and overlaps, generally we build your home in the following order:
1. Foundation 4. Exterior ▫ HVAC (heating, ventilating, Light fixtures, electrical Excavation Exterior trim air conditioning) Plumbing fixtures Footing installation ▫ Fascia (boards at ends ▫ Electrical, extra outlets Floor coverings (carpet, etc.) Form and pour walls of rafters) ▫ Inspections Appliances Perimeter drain ▫ Windows, doors Insulation (attic insulation Screens and window coverings Waterproofing (site specific) ▫ Sheathing blown in after drywall) 6. Construction cleaning Inspection ▫ Finish materials Drywall hang, inspection, and 7. Builder's punch list 2. Framing ▫ Trim tape/texture 8. Improvement survey First and second floors ▫ Deck Paint 9. Fine grading and landscaping Roof trusses ▫ Gutters Cabinets and Countertops 10. Final inspection, certificate of Roof sheathing Exterior paint, stain Flooring: tile, laminate, vinyl occupancy 3. Roofing Concrete or asphalt or wood 11. Homeowner orientation & Felt or paper 5. Interior Interior trim (doors, hardware, acceptance Flashing Mechanical systems baseboards, casings, etc.) 12. Closing Composition roofing ▫ Plumbing 13. Home maintenance
Final Walkthrough Your Final Walkthrough is an introduction to your new home and its many features. We follow a pre-planned agenda and a set route through the home to ensure that we cover everything. Our homeowner orientation provides you with a: • Demonstration of your new home • Review of key points about maintenance and limited warranty coverage • Confirmation that Landed Gentry has installed selections and options as you ordered them Scheduling We schedule the walkthrough with you as your home nears completion, typically 3-5 working days prior to closing. Especially in winter months, beginning by 1:00 PM assures sufficient day light to view all surfaces adequately. We meet at your new home. Expect your walkthrough to take approximately 2 hours. Last-Minute Activity If you visit your home a day or two prior to your Homeowner Acceptance & Orientation Walkthrough, you may notice dozens of details that need attention. During the last few days just prior to your walkthrough, many trade contractors and Landed Gentry employees will be working in your home. They are completing last-minute adjustments and fine-tuning your home. These finishing touches cannot be performed until all of the parts have been installed. What seems like a rush of activity is a normal part of the construction process. Preparation Following these hints will assure that you get the maximum benefit from your orientation. Allow Enough Time Arrange your schedule so you can use the full amount of time allotted.
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Bring This Manual By having your manual, Selections Sheets, plans, and any approved Addendums (change orders) with you, any questions about the items installed in your home can usually be answered conveniently and immediately. Attend Alone Our experience shows that the orientation walkthrough is most beneficial when buyers focus all their attention on their new home and the information we present. Although we appreciate that friends and relatives are eager to see your new home, it would be best if they visit after your walkthrough. Similarly, we suggest that, if possible, children and pets not accompany you at this time. If a real estate agent has helped you with your purchase, he or she is not required to attend. Review the Form During the orientation, you will use the “Owner Walkthrough – Final Inspection” form, a copy of which is included in the Forms Appendix. We will note any details that need attention on this form. Cosmetic Surfaces Cosmetic surface damage caused during construction is readily noticeable during the walkthrough. Such damage can also occur during the move-in process or through daily activities. Therefore, as part of your walkthrough, we will confirm that all surfaces are in good and acceptable condition. Any details that need attention will be listed on your Owner Walkthrough - Final Inspection form. After we correct any items noted during the orientation, repair of cosmetic surface damage is your responsibility. Our limited warranty specifically excludes repairs for damage caused by moving in or living in the home. If your movers scratch the marble entry floor bringing the piano in, notify the moving company. If you splinter some wood trim and break a taillight backing out of your new garage, repairs to the garage and to the car are your responsibility. Landed Gentry is always available to assist you with information about cosmetic repairs you may need to make. Bring Questions Be sure to read the maintenance information, limited warranty, and warranty guidelines in Sections 2 and 3 of this manual. If you have questions, make note of them to bring up at the orientation. Attire Wear shoes that are convenient to get off and on. We will tour both the exterior and interior of your home. Anticipate that some dust, bending, kneeling, and reaching may be encountered. Get Involved Plan to listen carefully and take a hands-on approach. Push buttons, lock locks, and flip breakers. This helps you remember the dozens of details we cover. Quality The overall quality of your home should equal that shown in our models and described in your purchase documents. We list items we agree need further attention and arrange appropriate work. Orientation items fall into several categories: • Incomplete or missing (cabinet knob not installed.) • Incorrect (porch light should be oil rubbed bronze, not brushed nickel.) • Dysfunctional (bath fan does not work.) • Below company standard (mitered corner rough, top right of den door, hallway side.) • Damaged (scrape on wall from carpet installation.) • Not cleaned (mud on the garage floor.) At some point, quality ceases to be scientific and becomes a matter of personal taste. In a few areas, your personal standards may be even higher than ours. Our commitment to you is that we will deliver what we promised. If you wish to make it even better after moving in, we will be happy to assist you with information. Completion of Items Landed Gentry takes responsibility for resolving any items noted. We will complete most items before your move-in. If work needs to be performed in your new home after your move-in, construction personnel are available for appointments Monday through Friday, 8:00 AM to 3:00 PM Under normal circumstances; you can expect us to resolve all items within 15-30 working days. We will inform you of any delays caused by back-ordered materials. Please note that we will correct only those items listed on the form. No verbal commitments of any kind will be honored by Landed Gentry. Gaining access to occupied homes to complete orientation items is a concern to homeowners and builders alike. Landed Gentry asks that you make appointments so that someone over 18 is present for repairs. Working around your busy schedule may result in service taking longer than anyone wants. Your cooperation is essential. Service hours are typically 8:00 AM to 4:00 PM, Monday through Friday. As noted above, typically your final orientation walkthrough will be scheduled the week prior to closing. At the end of your homeowner orientation, you will receive: • The manufacturer's literature for the furnace, water heater, and other consumer products. • Copies of completed Owner Walkthrough - Final Inspection form. We suggest you insert those forms here.
12 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Closing on Your Home At closing the Purchase & Sale Agreement is completed: Ownership of your new home is transferred from Landed Gentry or any affiliated entity to you. The steps include finalizing your loan (one set of papers and checks) and the selling of the home (another set of papers and checks). Funds are disbursed to the appropriate people and companies, title is transferred to your name(s), and the loan is recorded against your new property. This process involves about 75 documents, some of which are duplicates. Although these documents are not negotiable and thousands of home buyers have signed them, you should read them. Date Landed Gentry recognizes that timing is vitally important in planning your move and locking in your loan. We can specify an exact delivery date when construction reaches a point at which weather, material and labor shortages, lender issues, or Addendums (change orders) are unlikely to affect completion of your home. The closing takes place shortly after your orientation. Landed Gentry will notify you of the closing date 60 days or more before the date. Title & Escrow will contact you to set the signing appointment, with at least 3 day's notice. Typically, the closing process takes about an hour. On the day of closing, you will receive your keys after 4:00 pm. Location The closing on your new home typically takes place at the title company, although it occasionally occurs at the lender's office. The title company will confirm the location with you when they set the appointment. Documents At closing, the documents necessary to convey your new home to you and to close the loan from the mortgage company will be signed and delivered. In addition to these standard items, the lender, the title company, and Landed Gentry may require other documents to be signed. The principal documents typically include the following: General Warranty Deed The general warranty deed conveys the home and lot (homesite) to you, subject only to permitted exceptions. Title Commitment At or before closing, we will deliver to you a standard form for an American Land Title Association (ALTA) owner's title insurance commitment to insure salable title of your home to you in the amount of the purchase price, subject to the permitted title exceptions that may be described in the purchase documents. The title insurance company will mail the actual policy in the weeks following the closing. When you receive this, keep it in a safe place with your other important papers. What you will see on the day of closing is a document that promises to issue the policy. Lenders require title insurance in the amount of the mortgage. This insurance protects the lender in the event the title search missed anything. You are wise to request an owner's policy to protect your interest in the property. By ordering the owner's policy from the same company that issues the lender's policy, you can save a bit; the title insurance company will usually issue a second policy at a discount. Review the title commitment carefully. Discuss any questions with your title company. Within 60 days after the closing, the title company mails a standard ALTA owner's title insurance policy, insuring you the title to your home in accordance with the commitment you received at closing. Keep the title insurance policy with your other valuable papers. Promissory Note (if applicable) The note is from you, payable to the lender in the principal amount of the loan, plus interest. One-twelfth of your annual taxes and homeowner's insurance may be added to the principal and interest payment to determine your total monthly payment. Deed of Trust (if applicable) Encumbers your home as security for repayment of the note. Homeowner Association Documents You will receive and sign for a copy of your association covenants, conditions, and restrictions; the association bylaws; and articles of incorporation at closing. Landed Gentry recommends that you read these carefully. The provisions they contain will be enforced. "The Final Number" Certain customary items in connection with the property will be prorated to the date of closing such as prepaid expenses, or reserves required by your lender and homeowners association, if applicable. Pro-rations of general real property taxes and assessments will be based on the current year's taxes and assessments or, if they are unavailable, on the taxes and assessments for the prior year. Please note that the cost of upgraded selections and options must be paid at the time they are chosen, and cannot be paid for at closing. The final cost figure is available near to the actual closing. Although a reasonably close estimate may be determined before the date of closing, the pro-ration of several items included is affected by the closing date and cannot be calculated until that date is known. The Real Estate Settlement Procedures Act (RESPA) provides you with many protections. Under this law, you can review the settlement page that lists costs you are paying at closing one day before the closing appointment.
13 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Preparation The key to a smooth closing is preparation. Several details require your attention. You can handle most of these by phone. Address these details during the weeks before closing to prevent last-minute delays. Form of Payment Plan to bring certified funds, or a bank check (made out to the escrow company) to the closing table. In your planning, be sure to allow time to arrange for and obtain these funds. Keep in mind that some banks place a hold on monies moved from another account. Insurance You need to provide proof of a homeowner's policy from your insurance company. Your insurance agent should know exactly what is needed. We suggest you arrange for this at least 3 weeks before the expected closing date. Landed Gentry or Lender Issues The title company is not authorized to negotiate or make representations on behalf of any of the parties involved in the closing. Therefore, please discuss any questions, agreements, or other details directly with us or your lender in advance of the closing. Utilities Landed Gentry will have utility service removed from its name 3 days after closing. You will need to notify all applicable utility companies of your move so that service is provided in your name. We suggest that you contact these companies well ahead of time to avoid any interruption in service. If you ordered a security system for your home, you can arrange to activate that system by contacting the monitoring service for a connection appointment. For your convenience, we have included a list of local utility companies and contact information in the Forms Appendix. House Keys You will receive the keys to your new home after 4:00, the day of closing/recording. You will receive two keys for each lock on your home. The same key will operate both the knob and the deadbolt locks. We recommend that you try all of the keys in all of your locks to confirm smooth operations. Depending on the number of family members living in the home, you may want to get extra copies of your house keys made. Garage Door Opener Operators Garage door opener operators, if applicable, will be left in a drawer in your kitchen. If you wish to change the code, review the manufacturer instructions. If your garage door has a coded key pad, you must change the entry code from the one used during construction. Batteries typically need to be replaced about once a year. Mailbox Keys U.S. Postal Service regulations state that, Landed Gentry is not always permitted to deliver mailbox keys to you. Mailbox keys, where applicable, are available from your post office or the onsite sales office. You will need proof of identity, and you will be asked to sign for your keys. First Mortgage Payment (If applicable) Your lender will provide you with information on where to send your mortgage payments and when the first payment will be due. Many lenders supply payment coupons for you to send in with your payments. Storing Documents We suggest that you store the legal documents from your closing with other valuable papers, in a safe place. You will need them for tax purposes and when you refinance or sell your home. Moving Hints To help you with your move, we have included a “Moving Preparation Checklist” and “After Your Move Checklist” in the Forms Appendix. Take precautions to protect vulnerable surfaces such as hardwood or resilient floors: cover rails with moving pads or blankets, remove doors where furniture might be a tight fit, protect carpet with ribbed, plastic runners. Professional movers should have insurance for any damage they might accidentally cause. Friends and relatives will not. They are also unlikely to have the training and practiced skills of professional movers. If you are moving yourself, organize the schedule to avoid rushing and include rest breaks. People who are tired or in a hurry are more likely to hurt themselves or damage belongings.
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Caring for Your Home Limited Warranty Guidelines Fire Prevention 2 Extended Absences Energy and Water Conservation
Landed Gentry Homes and Communities Homeowner Manual SECTION 2 Caring for Your Home 1. Homeowner Use and Maintenance Guidelines 2. Checklists 3. Prompt Attention 4. Manufacturer Literature Landed Gentry Limited Warranty Guidelines 1. Limited Warranty -- a simple list of what is covered under warranty and any exclusions 2. Warranty Reporting Procedures -- standard, emergency, and appliance warranty procedures 3. Warranty Item Processing Procedures — a simple description of a complex process 4. Help Us to Serve You — things you should know so we can provide effective warranty service 5. Warranty Service Summary — a quick-reference guide to who to contact for service Fire Prevention 1. Train Family Members 2. Practice Prevention Extended Absences 1. Plan in Advance 2. As You Leave Energy and Water Conservation 1. Heating and Cooling 2. Water and Water Heater 3. Appliances 4. Electrical 5. Maintenance
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Landed Gentry Homes and Communities Homeowner Manual Caring for Your Home Landed Gentry has constructed your home with carefully selected materials and the work of experienced craftsmen and laborers under the supervision of our field personnel, with the administrative support of our office personnel. Although this group works from detailed plans and specifications, no two homes are exactly alike. Each one is unique; a home is one of the last hand-built products left in the world. Over time, each behaves differently. Although quality materials and workmanship have been used in creating your home, similar to an automobile, it requires care from the first day. Regular homeowner maintenance is essential to providing a quality home for a lifetime. This section of our manual was assembled to assist you in that effort. In some neighborhoods (active adult or condominium communities), the owners’ association may administer certain maintenance elements. While in these cases, the association may manage some maintenance items, such as repainting and re-roofing, it is ultimately your responsibility as homeowner and member of the owners’ association to ensure that proper maintenance is occurring on your home. Homeowner Use and Maintenance Guidelines We are proud of the homes and neighborhoods we build. We strive to create lasting value. This is best achieved when you, as the homeowner, know and perform appropriate maintenance tasks. Periodic maintenance is necessary because of normal wear and tear, the inherent characteristics of the materials used in your home, and normal service required by the mechanical systems. Natural fluctuations in temperature and humidity also affect your home, resulting in maintenance items. The natural and manufactured materials, the components interact with each other and the environment. To assist you with the maintenance of your new home, we have included a section on Maintenance of Interior and Exterior Materials and Systems, under Section 3. We recognize that it is impossible to anticipate and describe every attention needed for good home care. We focused on items that homeowners commonly ask about. The subjects are listed in alphabetical order to make finding answers to your questions convenient. Because we offer home buyers a variety of floor plans and optional features, this manual may discuss components that are not present in your home. Checklists You will find several checklists in the Forms Appendix of this manual, including “Appliance Service,” “Home-Care Supplies,” and “Maintenance Schedule” checklists. These cover fire prevention reminders, energy and water conservation tips, suggestions for extended absences, appliance service information, home maintenance supplies, and a maintenance schedule. We make no claim to have included every detail, best practices do change from time to time. We believe we have provided you with a good start, and we've allowed space for you to add your own notes to the checklists. Prompt Attention In addition to routine care, many times minor maintenance provided immediately prevents more serious, time-consuming, and sometimes costly repairs later. Note also that neglecting routine maintenance can void applicable limited warranty coverage on all or part of your home. By caring for your new home attentively, you ensure uninterrupted warranty coverage as well as enjoyment of it for years. The attention provided by each homeowner contributes significantly to the overall desirability of the community. Manufacturer Literature Please take time to read the literature (warranties and use and care guides) provided by the manufacturers of consumer products and other items in your home. The information contained in that material is not repeated here. Although much of the information may be familiar to you, some points may differ significantly from homes you have had in the past. We make every effort to keep the information in this manual current. However, if any detail in our discussion conflicts with the manufacturer's guidelines, you should follow manufacturer's guidelines. Activate specific manufacturer's warranties by completing and mailing any registration cards included with their materials. In some cases, manufacturer's warranties may extend beyond the first year, and it is in your best interests to know about such coverage.
Landed Gentry Limited Warranty Guidelines While we strive to create a well-built home, we are realistic enough to know that, with repeated use, an item in the home may fail to perform as it should. When this occurs, we will make necessary corrections so the item meets our warranty guidelines. In support of this commitment, Landed Gentry provides you with a limited warranty. Corrective Actions In addition to information regarding the limited warranty itself, this manual includes details about the criteria we will use to evaluate concerns your warranty requests. The purpose is to let you know what our warranty commitment is for the typical concerns that can come up in a new home. This manual describes the corrective action we will take in many common situations.
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We Sometimes Break Our Own Rules – In Your Favor Our criteria for qualifying warranty repairs are based on typical industry practices in our region and meet or exceed those practices. We reserve the right, at our discretion, to exceed these guidelines if common sense or individual circumstances make that appropriate, without being obligated to exceed all guidelines to a similar degree or for other homeowners whose circumstances are the same or different. We Sometimes Say No With a product as complex as a home, different viewpoints regarding which tasks are homeowner maintenance responsibilities and which are builder warranty responsibilities are possible. If you request warranty service on a maintenance item, we will explain to you the steps you should take to care for the item. We are available to answer your home-care questions during and after your warranty period. Providing normal maintenance for your home is your job. Review your Purchase & Sale Documents Details of the limited warranty are also outlined in your “Seller’s Addendum #1,” which you signed as part of your Purchase & Sale Agreement. Please read through the information, as well as the service procedures and guidelines discussed under section 3 of this manual, “Maintenance of Interior and Exterior Materials and Systems.” If you have questions, please contact our Customer Service Representative.
Limited Warranty – Reference Copy
A. The Warranty. Seller warrants that it will repair or replace at Seller’s expense any of its work that becomes non- operational or non-functional after closing. This warranty does not apply to issues of workmanship, aesthetics, conformity of work to the specifications, or to Buyer’s claims of any defective or incomplete work. Those items must be addressed by Buyer at the time of the walkthrough and identified on the Punch List. Seller may hire another person or company to perform Seller’s warranty work. The decision of whether Seller or another company performs Seller’s warranty work shall be made exclusively by Seller. If Buyer contracts with another person or company repair or replace Seller’s work without Seller’s written consent, Buyer shall not be entitled to any credit from Seller and shall remain obligated to the Seller for the full price of the home. B. Twelve Month Period. Seller’s warranty shall expire twelve (12) months from closing. Warranty work shall not extend the period for Buyer to file a claim. C. Notice Procedure. Seller must be given written notice of a warranty claim before the twelve (12) month warranty period expires. No claim or action may be made for any warranty claim that is not delivered in writing to Seller before the twelve (12) month warranty period expires. D. Additional Four Months for Lawsuit Filing. Any claim or lawsuit that is filed against Seller alleging a breach of warranty must be filed in a court of competent jurisdiction no later than four (4) months after expiration of the twelve (12) month warranty; otherwise, any such claims or lawsuit shall be time-barred. E. Manufacturer’s Warranty. Seller’s warranty applies only to Seller’s work. Seller’s warranty does not apply to manufactured or consumer items such as roofing materials, appliances, heating and mechanical systems, fixtures or equipment. In the event that Buyer encounters a defect in a manufactured or consumer product, Seller shall assist Buyer in securing repair or replacement of such product pursuant to the relevant manufacturer’s or distributer’s warranty. F. Non-transferability. This warranty is neither transferable nor assignable by either party. This prohibition against transfer or assignment applies not only to the transfer of rights to compel performance but also to the transfer of any claim or cause of action, including but not limited to claims for breach of contract, breach of warranty, tort and indemnification. G. Warranty is Exclusive. This warranty is given to Buyer as Seller’s sole and exclusive warranty and in lieu of any and all other warranties that may arise by operation of law, including the warranty of habitability. H. Exclusions from Warranty. 1) Manufactured or consumer products such as roofing materials, appliances, hardware, windows, heating and mechanical systems, fixtures, etc. are not separately warranted by Seller. In the event that Buyer encounters a defect in a manufactured or supplied product, Seller shall assist Buyer in securing the repair or replacement of such product pursuant to the particular manufacturer’s or distributor’s warranty. 2) Concrete or mortar cracks caused by normal expansion and contraction that do not substantially impair structural elements. 3) Cracking in sheetrock and/or drywall 1/16th inch in width or less. 4) Nail pops and blushers not readily visible at a distance of six (6) feet or more under normal lighting conditions. 5) Open joints or separations between floorboards on finished wood 1/8th Inch in width or less. 6) Cracking in paint due to expansion/contraction of materials.
17 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual 7) Warpage, cupping or shrinking of hardwood floors. Hardwood floors are beautiful but have drawbacks, including warpage, cupping or shrinkage. A moisture variation of as little as 2% may warp or cup hardwood flooring. Seller will be responsible for hardwood floors until occupancy. Buyer will assume responsibility for any warping or cupping not stated on the Punch List. Specifically excluded from any warranty coverage is any hardwood flooring in the kitchen or bathroom(s). In using real wood, there will be variations in color, grain and texture. 8) Mold, mildew, moss and fungi are inevitable in the Pacific Northwest. Seller does not warrant against mold, mildew, moss, fungi, or insects. 9) Warpage of doors due to temperature differential or temperature changes unless the doors become inoperable or cease to be weather resistant. 10) Discoloration and erosion of tile grout. 11) Expansion and contraction of the siding. Buyer should be aware that siding does change dimension with changing weather conditions, swelling in wet weather and shrinking in dry. Furthermore, the siding may shrink vertically to expose thin, unpainted siding below the butt of the beveled siding, a condition for which Seller offers no warranty. 12) Cracking of wood. Wood will sometimes crack, check, or “spread apart” because of the drying out process. This condition is most often caused by the heat inside of the structure or exposure to the sun on the outside of the structure. Buyer is responsible for any resulting maintenance or repairs. 13) Cracking or bleeding of caulking. Exterior caulking and interior caulking in bath tubs, shower stalls, ceramic tile surfaces, and countertops will crack or bleed somewhat in the months following installation. These conditions are normal and should not be considered a problem, and maintenance or repairs are Buyer’s responsibility. 14) Variation in stain. All items that are stained will normally have variation of colors due to the different textures and species of wood. Because of weather changes, doors that have panels will sometimes dry out and leave a small space of bare wood. These normal conditions are not considered defects. 15) Exterior. This warranty does not cover landscaping, grading, bulkheads, earth movement or instability of soil or earth, or freezing of hose bib outlets, warpage of exterior French doors or store doors. 16) Interior. This warranty does not cover adjustments to pocket doors or shower doors.
Warranty Reporting Procedures Providing warranty service for a new home is more complicated than for other products. When you purchased your home, you actually purchased hundreds of items and the work of 35 to 50 independent trade contractors. With so many details and people involved, a planned system is essential. Our warranty service system is designed and based on submitted online requests of non-emergency items. This provides you with protection and allows us to operate efficiently, thereby providing faster service to all homeowners. Emergency reports are the only service requests that are accepted by phone 888-429-5468. Please submit all non-emergency service requests through your online account. For all reporting, submit requests through your online account provided by Cascade Builder Services. We plan two (2) standard warranty contacts with you. The first is 60 days after your closing, and the second is at eleven months. We also have emergency response procedures as well. Service for your appliances is handled differently and is described in detail later in this section. 60 Day Report For your convenience and in order for our service program to operate at maximum efficiency, we suggest that you wait 60 days before submitting a repair list. This allows you sufficient time to become settled in your new home and to use most components repeatedly. As you notice items, make a list and then submit them through your online account at the appropriate time. Year-End Report Near the end of the eleventh month of your warranty, you should submit your list in your online account, if you have any items to report. We will also be happy to discuss any maintenance questions you may have at that time. Emergency Service While emergency warranty situations are rare, when they occur, prompt response is essential. Begin by checking items you can check. Troubleshooting tips appear in this manual for several of your home's components: Air conditioning, Electrical, Heat system, Plumbing, Roof (leak), Water heater, etc. Please refer to the individual categories to review these hints; you will find them at the end of the corresponding sections. Often the appropriate action by you can solve a problem immediately or mitigate the situation until a technician arrives.
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If your review of the troubleshooting tips fails to solve the problem, during business hours, call Cascade Builder Services at 1-888- 429-5468. We also suggest that you place a copy of the “Utility and Community Services” list inside a kitchen cabinet, near your phone. Trade contractors or local utility companies provide emergency responses to the following conditions: • Total loss of heat when the outside temperature is below 50 degrees F • Total loss of electricity • Total loss of water • Plumbing leak that requires the entire water supply to be shut off • Gas leak – contact the Gas Company (see “Utility & Community Services” in the Forms Appendix). Note that if a service (gas, electricity, water) is out in an entire area, attention from the local utility company is needed. Trade contractors are unable to help with such outages.
Air Conditioning Understandably, if your air conditioner is not working, you want it fixed quickly. In a typical scenario, many other homeowners across our region will discover they too need service on their air conditioners on the same hot day that you do. The trades who address these needs generally respond to calls on a first come, first served basis. If your call for service comes during this time period, you may wait several days for a technician to arrive. For this reason, we recommend that you operate your air conditioner as soon as warm temperatures begin. In this way, if service is needed, you can avoid the rush and get a more satisfactory response. Roof Leak While we agree with homeowners that a roof leak is indeed an emergency, the reality is that See also repairs cannot safely or effectively be performed while the roof is wet. During business hours, contact our “Roof” under office with the information, take appropriate steps to mitigate damage, and we will follow up when conditions section 3 make repairs possible. Other Emergencies In addition to emergency situations covered by our limited warranty, be prepared for other kinds of emergencies. Post phone numbers for the fire department, police, paramedics, and poison control near phones in your home. Have companies in mind in the event you need a locksmith, water extraction, glass breakage repair, or sewer router service. If you are new to the area, neighbors may be able to recommend good service providers. Introduce your family to neighbors who might be available to help in an emergency if you are not home. Appliance Warranties The manufacturers of kitchen appliances have asked to work directly with homeowners if any repairs are needed for their products. Customer service phone numbers are listed in the use and care materials for each appliance. Be prepared to provide the model and serial number of the item and the closing date on your home. For your convenience, we have included an Appliance Service information sheet among the other checklists in this manual. Appliance warranties are generally for one year; refer to the literature provided by the manufacturer for complete information. Remember to mail in any registration cards you receive with manufacturer materials. Being in the manufacturer's system assures that in the event of a recall the company can contact you and arrange to provide the needed correction. Warranty Item Processing Procedures When we receive a warranty service request, our Customer Service Representative will contact you to set an appointment. This initial appointment will take approximately 45 min. It is intended to evaluate the claim and to decide what resources are needed to execute the repairs. This will allow our Service people to expedite repairs rapidly and efficiently. Note: Please do not expect any repairs to be done at this appointment. Warranty appointments are available Monday through Friday, 8:00 AM to 4:00 PM. During the first meeting we will inspect the items listed in your written request form to confirm warranty coverage and determine appropriate action. Generally, reported items fall into one of three categories: trade contractor item, in-house item, or home maintenance item If a trade contractor or an in-house employee is required to perform repairs, we issue a warranty Service Request or work order describing the situation to be addressed, and then our Customer Service Rep or the Service Rep will notify you to schedule an appointment. If the item is home maintenance, we will review the maintenance steps with you and offer whatever informational assistance we can. Help Us to Serve You We can provide service more quickly and accurately if we have all of the necessary information. With your warranty request, please include: • A complete description of the problem (for example, "guest bath – cold water line leaks under sink," rather than "plumbing problem.") • Information about your availability or the best days or times to reach you. For instance, if calling you at work is acceptable, let us know. Otherwise, we will use your home phone number. • If you have any questions call our Customer Service Representative for assistance.
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Access to Your Home Landed Gentry conducts inspections of interior warranty items only when an adult is available to accompany our representative and point out the items you have listed. Both our in-house service technicians and those of our trade contractors will likewise perform repairs only when an adult is available to admit them to your home. An adult is a person 18 or older who has your authorization to admit service personnel and sign completed work orders. We do not accept keys, nor will we permit our trade contractors to accept your key and work in your home without an adult present. While we recognize that this means processing warranty service items may take longer, we believe your peace of mind and security should be our first concern. Exterior Items Exterior items can usually be inspected and repaired without an adult present, provided access is available (for instance, no locked gate). However, we will contact you the day prior to any visit and let you know we will have someone on your property. If you prefer to meet with us and discuss the item(s) in question, we are happy to arrange an appointment to do that. Repair Appointments Depending on the work needed, at the conclusion of the inspection and evaluation appointment, the warranty manager will most likely ask you to designate a work date, a minimum of 10 days from inspection, for approved repairs to be made. This 10-day time frame allows us to notify appropriate trades people and arrange for most repairs to occur on the same day. Although on occasion work must occur in sequence and more than one work date might be needed, this system works well in the majority of situations. Once work date appointments are set, if there are any changes please contact our Customer Service Rep. Inspection and Work Hours Many homeowners ask whether evening and weekend appointments are available. Landed Gentry understands the desire for appointments outside normal business hours. We recognize the trend to "24-7" service availability in many businesses. However, in investigating how such appointments could be arranged, we discovered many factors that make extended service hours impractical. • A significant portion of repairs require daylight for proper execution. This applies to drywall, paint, and exterior work of almost any type. • We also found that most of the independent trade contractors who helped us build your home – many of whom operate as small companies – were unable to work all week and also be available for extended hours. The few repairs that could be performed off-hours failed to eliminate the need for repair appointments during normal hours. • Administrative staff and supervisors would need to be available to answer questions. Having some personnel work extended hours meant being short staffed during normal business hours. • When we calculated the impact on wages for adding more personnel or compensating existing personnel for working non- traditional hours, we found that this affected overhead, and consequently our home prices. Our warranty hours are as follows: • Customer Service Rep ...... Monday through Friday, 9:00 AM until 4:00 PM • Inspection and work appointments...... Monday through Friday, 8:00 AM until 4:00 PM Evening and weekend appointments are reserved for emergency situations. We appreciate your understanding and cooperation with these policies. Pets Landed Gentry respects the pets that many homeowners count as members of their households. To prevent the possibility of an animal being injured, lost or giving in to its natural curiosity about tools and materials used for repairs, we ask that you restrict all animals to a comfortable location during any warranty appointment, whether for inspection or warranty work. This policy is also for the protection of our employees and trades personnel. We have instructed Landed Gentry and trades personnel to reschedule the appointment if pets have access to the work area. Your Belongings In all work we perform we are concerned that our homeowners’ personal belongings be protected. When warranty work is needed in your home, we ask that you remove vulnerable items or items that might make the repair work difficult. Landed Gentry and trade personnel will reschedule the repair appointment rather than risk damaging your belongings. Surfaces We expect all personnel who work in your home to arrive with appropriate materials to cover the work area, protecting it from damage and catching dust or scraps from the work being performed. Similarly, all personnel should clean up the work area, removing any excess materials.
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Repair personnel will routinely check the work area for any existing damage to surfaces. They will document any scratches, chips, or other cosmetic damage prior to beginning repairs to avoid any later disagreement about how and when such damage occurred.
Signatures on Warranty Service Requests Signing a work order acknowledges that a technician worked in your home on the date shown with regard to the items listed. It does not negate your rights under the warranty nor does it release us from any confirmed warranty obligation. If you prefer not to sign the work order, the technician will note that and return the work order to us for our records. Our “Warranty Service Request” forms include space for homeowner comments. We appreciate your taking a moment to give us feedback about your warranty items. If you are dissatisfied with any service we provide, you can note that on the Warranty Service Request or call our Customer Service Representative with your feedback. We will review your concerns and determine whether our requirements have been met. Completion Time Regular review of outstanding work orders is part of our office routine. Checking with trade partners and homeowners alike, we strive to identify the cause of any delays and get all warranty work completed within an appropriate and reasonable amount of time. We intend to complete warranty work orders within 21 work days of the inspection unless you are unavailable for access. If a back-ordered part or similar circumstance causes a delay, we will let you know. Likewise, when weather conditions prevent the timely completion of exterior items, we track those items and follow up to ensure that they are addressed when conditions are right. This can mean a wait of several months. Missed Appointments Good communication is one key to successful completion of warranty items. We strive to keep homeowners informed and to protect them from inconvenience. One of our challenges in this regard is when unexpected events sometimes result in missed appointments. If a Landed Gentry employee or a trade person will be late, we will contact you as soon as the delay is recognized, offering the choice of a later time that day or a new appointment. If you must miss an appointment, we appreciate being alerted as soon as you realize your schedule has changed. Our Customer Service Representative can put work orders on hold for 10 to 30 days and re-activate them when your schedule offers an opportunity to arrange access to the home. Warranty Service Summary The many details of warranty coverage can be confusing. We hope this summary of key points will help. If you do not know whom to contact, call our Customer Service Representative and they will be happy to guide you. Warranty Hours • Customer Service Rep ...... Monday through Friday, 9:00 AM until 4:00 PM • Inspection appointments ...... Monday through Friday, 8:00 AM until 4:00 PM • Work appointments ...... Monday through Friday, 8:00 AM until 4:00 PM Appliances Contact the manufacturer or retailer directly with model and serial number, closing date, and description of the problem. We suggest you keep this information on your “Appliance Service” information sheet included in the Forms Appendix. Emergency First, check the troubleshooting tips under several individual headings in this manual. If those tips do not solve the problem, contact Cascade Builder Services at 888-429-5468. Non-emergency Submit requests through your online account. Storm Damage or Other Natural Disaster Contact your homeowner's insurance agent immediately. Contain damage as much as possible without endangering yourself. In extreme situations, photograph the damage.
Fire Prevention Fire safety should be practiced by all family members. Awareness of potential dangers and preventive actions are preferable to even the fastest response. Keep these hints in mind and add your own reminders in the space provided.
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Train Family Members Ensure that all family members know what escape routes exist in your home. Conduct a fire drill with family members. Test the smoke detectors to assure they function and so that everyone recognizes the sound. Follow the manufacturer's directions for cleaning and servicing all of your smoke detectors. As soon as possible, teach young children how and why to dial 911. Have a general use fire extinguisher and instruct all family members in its location and use. Teach children the safe use of appliances such as irons and toasters. Practice Prevention Store matches away from children and heat sources. Avoid smoking in bed. Avoid leaving small children home alone, even for a short time. Maintain appliances in clean and safe working condition. Avoid overloading electrical outlets. Ensure that all electrical cords are in good repair. Avoid having any flammable objects or materials near the stove. Keep the range hood filter clean to prevent a build up of grease. Allow space for cooling around electrical equipment. Unplug the iron when it is not in use. Do not leave an iron that is on unattended. Use electric blankets with care, following manufacturer directions. Store volatile materials (paint, gasoline for the lawn mower, and so on) in appropriate containers, away from flames (such as pilot lights) or heat sources. Many trash collection services offer a means for you to dispose of hazardous items. Check with your service provider for details. Keep the barbeque clear of flammable objects and materials. If your home includes a gas fireplace follow all directions and do not leave the fireplace unattended when it is on. If you have a wood burning fireplace: Arrange for professional cleaning of the chimney at appropriate intervals. Maintain the spark arrester on the chimney. Never use liquid fire starters (such as for a charcoal barbeque) in an indoor fireplace. Use a screen or glass doors when a fire is burning. Confirm the fire is out before closing the flue. Do not leave the fireplace unattended while a fire is burning. During holidays, ensure that all cords and connections are in good condition and of appropriate capacity for electrical decorations. If you decide to remodel or add onto your home, obtain permission from the homeowners association / architectural control committee, obtain a building permit, and work with trained professionals. Ensure that all building department inspections occur and that the work complies with all applicable codes. This also applies to installing a gas line for an outdoor barbeque, a gas fireplace, clothes dryer, and so on. Your Additional Reminders and Notes: ______
Extended Absences Whether for a vacation, business travel, or other reasons, nearly all of us occasionally leave our homes for days or weeks at a time. With some preparation, such absences can be managed uneventfully. Keep these guidelines in mind and add additional reminders that are appropriate to your situation. Plan in Advance Ask a neighbor to keep an eye on the property. If possible, provide them with a way to reach you while you are away. If you will be gone an especially long time (over two weeks) consider arranging for a house sitter.
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Arrange for someone to mow the lawn or shovel snow. Notify local security personnel or police of the dates you will be away. Stop mail, newspapers, and other deliveries. Use lighting timers (available at hardware stores for $10 to $20). Confirm that all insurance policies that cover your property and belongings are current and provide sufficient coverage. Mark valuable items with identifying information. Consider whether you have irreplaceable items that should be stored in a bank vault or security box. As You Leave Forward phone calls to a relative or close friend. Unplug computers and other electronic devices that might be harmed in an electric storm. Leave window coverings in their most typical positions. Confirm that all doors and windows are locked and the deadbolts are engaged. Shut off the main water supply. Set the thermostat on the water heater to "vacation" to save energy. Store items such as your lawn mower, bicycles, or ladders in the garage. Leave a second car in the drive. Summer: Turn your air conditioner fan to on. Set the thermostat to 78. Winter: Set the thermostat to a minimum of 55, 65 if you have wood floors. Leave doors on cabinets that contain plumbing lines open. Leave room doors open as well. This allows heat to circulate. Arm your security system, if applicable. Your Additional Reminders and Notes: ______Energy and Water Conservation Good planning and thoughtful everyday habits can save significant amounts of energy and water. In the process of conserving, you also save money. Keep these hints in mind as you select and use your home's features: Heating and Cooling Maintain your home's systems in clean and good working order to prevent inconvenience and to maximize efficiency. Arrange for a professional to service heat and air conditioning systems a minimum of once every two years. Keep filters clean or replace them regularly. Learn how to use your day/night thermostat for comfort and efficient energy use. If you have a zoned system (more than one furnace and separate controls) think through operating schedules and temperature settings to maximize comfort and minimize energy consumption. During cold days, open window coverings to allow the sun to warm your home. Close them when the sun sets. Limit use of your wood-burning fireplace (if your home is so equipped) in extremely cold or windy weather when the chimney draft will draw room air out at an extreme rate. Ceiling fans cost little to operate and the moving air allows you to feel comfortable at temperatures several degrees higher. On hot days, close all windows and the window coverings on windows facing the sun to minimize solar heating and reduce demands on your air conditioner. Whole house fans draw cool outside air into the home through open windows, often effectively creating a comfortable temperature. Avoid running a whole house fan at the same time as air conditioning. Plan landscaping elements that support efficient energy use: Deciduous trees provide shade during the summer and permit solar warming in winter. Evergreen trees and shrubs can create a windbreak and reduce heating costs. Position trees to shade the roof and still allow good air flow around the home. Plant shrubs and trees to shade the air conditioner without obstructing air flow around the unit. Keep the garage overhead doors closed. Water and Water Heater Set your water heater at 120 degrees.
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Follow the steps outlined in the manufacturer's directions for draining water from your water heater in order to remove accumulated hard-water scale that builds up inside the tank. Timing will depend on the nature of your water supply. Correct plumbing leaks, running toilets, or dripping faucets ASAP. Keep aerators clean. Appliances In selecting your home's appliances, compare the information on the (yellow and black) Energy Guide sticker. Sometimes spending a bit more up front can reduce operating costs over the life of the appliance, conserving energy at the same time. Use cold water when operating your disposal. This not only saves hot water you pay to heat, it preserves the disposal motor. When baking, preheat your oven just five minutes before you use it. When possible, bake several items at the same time or at least consecutively. Turn the oven off a few minutes before baking time is done. Microwave rather than using the range when possible, especially during hot weather. Run the dishwasher with a full load and use the air-dry cycle. Avoid regular use of the rinse and hold cycle. Turn electric burners off a few minutes before cooking is complete. Refrigerators with the freezer on top generally use significantly less energy than side-by-side models. Select an appropriate size for your needs; two small refrigerators use more energy than one large one. Use the “Appliance Service” checklist included in the Forms Appendix. Electrical Use LED bulbs or tubes where possible. Incandescent bulbs are the least efficient source of light. Turn lights and other electric items off when you finish using them or leave the room. Maintenance Caulk in dry weather when temperatures are moderate. Check all locations, such as: Foundation penetrations (electrical, phone, water, cable TV, and gas line entrances) Around fans and vents Joints between door or window frames and siding Check weather stripping on all exterior doors and adjust as needed. Ensure that door thresholds are a good fit — many are adjustable. After any activity in the attic, check that the insulation is evenly distributed. Your Additional Reminders and Notes: ______
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Maintenance of Interior & Exterior 3 Materials and Systems
Landed Gentry Homes and Communities Homeowner Manual
SECTION 3
Maintenance of Interior and Exterior Materials and Systems An alphabetical list of the items in your home, from air conditioning through wood trim, including maintenance hints, warranty criteria, and troubleshooting tips
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Landed Gentry Homes and Communities Homeowner Manual Air Conditioning Homeowner Use and Maintenance Guidelines Air conditioning can greatly enhance the comfort of your home, but if it is used improperly or inefficiently, wasted energy and frustration will result. These hints and suggestions are provided to help you maximize your air conditioning system. If your home includes an air conditioning system, it has been designed and installed as a whole-house system. The air conditioning unit is the mechanism that produces cooler air. The air conditioning system involves everything inside your home including, for example, drapes, blinds, and windows. Your home air conditioning is a closed system, which means that the interior air is continually recycled and cooled until the desired air temperature is reached. Warm outside air disrupts the system and makes cooling impossible. Therefore, you should keep all windows closed. The heat from the sun shining through windows with open drapes is intense enough to overcome the cooling effect of the air conditioning unit. For best results, close the drapes on these windows. Time is very important for air conditioning system response. Unlike a light bulb, which reacts instantly when you turn on a switch, the air conditioning unit only begins a process when you set the thermostat. For example, if you come home at 6:00 PM when the temperature has reached 90 degrees F and set your thermostat to 75 degrees, the air conditioning unit will begin cooling, but will take much longer to reach the desired temperature. During the whole day, the sun has been heating not only the air in the house, but the walls, the carpet, and the furniture. At 6:00 PM the air conditioning unit starts cooling the air, but the walls, carpet, and furniture release heat and nullify this cooling. By the time the air conditioning unit has cooled the walls, carpet, and furniture, you may well have lost patience. If evening cooling is your primary goal, set the thermostat at a moderate temperature in the morning while the house is cooler, allowing the system to maintain the cooler temperature. The temperature setting may then be lowered slightly when you arrive home, with better results. Once the system is operating, setting the thermostat at 60 degrees will not cool the home any faster and can result in the unit freezing up and not performing at all. Extended use under these conditions can damage the unit. Adjust Vents Maximize air flow to occupied parts of your home by Troubleshooting Tips adjusting the vents. Likewise, when the seasons change, readjust them for comfortable heating. No Air Conditioning Before calling for service, check to confirm that the: Compressor Level Thermostat is set to "cool" and temperature is set below Maintain the air conditioning compressor in a See also the room temperature. level position to prevent inefficient operation Grading and Blower panel cover is installed correctly for furnace blower and damage to the equipment. Drainage (fan) to operate. Similar to the way clothes dryer door operates, this panel pushes in a button to let the fan motor Humidifier know it is safe to come on. If that button is not pushed in, If a humidifier is installed on the furnace system, turn it off furnace will not operate. when using the air conditioning; otherwise, the additional Air conditioner and furnace breakers on the main electrical moisture can cause the cooling system to freeze. panel are on. (Remember if a breaker trips you must turn it from the tripped position to the off position before you can Manufacturer's Instructions turn it back on.) The manufacturer's manual specifies maintenance for the 220 switch on the outside wall near air conditioner is on. condenser. Review and follow these points carefully. Since Switch on the side of the furnace is on. the air conditioning system is combined with the heating Fuse in furnace is good. (See manufacturer literature for system, follow the maintenance instructions for your furnace size and location.) as part of maintaining your air conditioning system. Filter is clean to allow air flow. Temperature Variations Vents in individual rooms are open and air returns are unobstructed. Temperatures may vary from room to room by several Air conditioner has not frozen from overuse. degrees Fahrenheit. This is due to such variables as floor plan, orientation of the home on the lot, type and use of Even if the troubleshooting tips do not identify window coverings, and traffic through the home. a solution, information you gather will be useful to the service provider you call. Landed Gentry Limited Warranty Guidelines The air conditioning system should maintain a temperature of 78 degrees or a differential of 15 degrees from the outside temperature, measured in the center of each room at a height of 5 feet above the floor. Lower temperature settings are often possible, but neither the manufacturer nor Landed Gentry can guarantee this.
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Compressor The air conditioning compressor must be in a level position to operate correctly. If it settles during the warranty period, Landed Gentry will correct this. Coolant The outside temperature must be 70 degrees F or higher for the contractor to add coolant to the system. If your home was completed during winter months, this charging of the system is unlikely to be complete and will need to be performed in the spring. Although we check and document this at orientation, your call to remind us is welcome. Non-emergency Lack of air conditioning service is not an emergency. Air conditioning contractors in our region respond to air conditioning service requests during normal business hours and in the order received. Alarm System Homeowner Use and Maintenance Guidelines If your home selections included pre-wiring for an alarm system, you will arrange for the final connection and activation after you move in. The alarm company will demonstrate the system, instruct you in its use, and provide identification codes for your family. We recommend that you test the system each month. Landed Gentry Limited Warranty Guidelines Landed Gentry will correct wiring that does not perform as intended for the alarm system, but we make no representation that an alarm system will provide the protection for which it is installed or intended. Appliances Homeowner Use and Maintenance Guidelines Please see your Appliance Service information sheet. Landed Gentry Limited Warranty Guidelines We confirm that all appliance surfaces are in acceptable condition during your orientation. We assign all appliance warranties to you, effective on the date of closing. The appliance manufacturers warrant their products directly to you according to the terms and conditions of these written warranties. Asphalt Homeowner Use and Maintenance Guidelines Asphalt is a flexible and specialized surface. Like any other surface in your home, it requires protection from things that can damage it. Over time, the effects of weather and earth movement will cause minor settling and cracking of asphalt. These are normal reactions to the elements and do not constitute improperly installed asphalt or defective material. If your driveway is asphalt, please avoid using your driveway for one week after it is installed. Keep people, bicycles, lawn mowers, and other traffic off of it. Chemical Spills Asphalt is a petroleum product. Gasoline, oil, turpentine, and other solvents or petroleum products can dissolve or damage the surface. Wash such spills with soap and water immediately, and then rinse thoroughly with plain water. Hot Weather Avoid concentrated or prolonged loads on asphalt, particularly in hot weather. High-heeled shoes, motorcycle or bicycle kickstands, trailers, even cars left in the same spot for long periods can create depressions or punctures in asphalt. Nonresidential Traffic Prohibit commercial or other extremely heavy vehicles such as moving vans or large delivery trucks from pulling onto your driveway. We design and install asphalt drives for conventional residential vehicle use only: family cars, vans, light trucks, bicycles, and so on. Sealcoating Exposure to sunlight and other weather conditions will fade your driveway, allowing the surface gravel material to be more visible. This is a normal condition and not a material or structural problem. You do not need to treat the surface of your asphalt driveway. However, if you choose to treat it, wait a minimum of 12 months and use a dilute asphalt emulsion, rather than the more common coal tar sealant. Hairline cracks will usually be filled by the sealing process. Larger cracks can be filled or patched with a sand and sealer mixture prior to resealing.
27 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Landed Gentry Limited Warranty We perform any asphalt repairs by overlay patching. Landed Gentry is not responsible for the inevitable differences in color between the patch and original surface. Sealcoating can eliminate this cosmetic condition and is your responsibility. Alligator Cracking If cracking that resembles the skin of an alligator develops under normal residential use, Landed Gentry will repair it. If improper use, such as heavy truck traffic, has caused the condition, repairs will be your responsibility. Settling Settling next to your garage floor of up to 1.5 inches across the width of the driveway is normal. Settling or depressions elsewhere in the driveway of up to one inch in any 8-foot radius are considered normal. We will repair settling that exceeds these measurements. Thermal Cracking Your driveway will exhibit thermal cracking, usually during the first 12 months. These cracks help your driveway adapt to heating and freezing cycles. Cracks should be evaluated in the hottest months – July or August. We will repair cracks that exceed ½ inch in width. Attic Access Homeowner Use and Maintenance Guidelines The attic space is neither designed nor intended for storage, except where a specialized attic truss was used in the home’s construction. We provide access to the attic for maintenance of mechanical equipment that may traverse the attic space. If a built-in pull down ladder has been installed for your access point, utilize the same caution you would with any ladder. When performing needed tasks in the attic, use caution and avoid stepping off wood members onto the drywall, which can result in personal injury and damage to the ceiling below. Your limited warranty does not cover such injury or damage. Attic Truss Provision When attic trusses are used, only the areas that have preinstalled floor decking are to be used for storage, all others are not designed to carry a load. Please keep in mind that this area is not a heated or air-conditioned space. Extreme temperatures will be present and may affect your belongings stored in this area, please keep this in mind when decided what items to store in this area. Landed Gentry Limited Warranty Guidelines Both Landed Gentry and the local building department inspect the attic before your closing to confirm insulation is correct. Brick, Stone and Masonry Products Homeowner Use and Maintenance Guidelines Brick is one of the most durable and lowest maintenance finishes for a home's exterior. Efflorescence The white, powdery substance that sometimes accumulates on brick surfaces is called efflorescence. This is a natural phenomenon and cannot be prevented. In some cases, you can remove it by scrubbing with a stiff brush and vinegar. Consult your home center or hardware store for commercial products to remove efflorescence. Tuck-Pointing After several years, face brick may require tuck-pointing (repairing the mortar between the bricks). Otherwise, no regular maintenance is required. Weep Holes You may notice small holes in the mortar along the lower row of bricks. These holes allow moisture that has accumulated behind the brick to escape. Do not fill these weep holes or permit landscaping materials to cover them. Landed Gentry Limited Warranty Guidelines We check the brick work during the orientation to confirm correct installation of designated materials. Cracks We repair masonry cracks that exceed 3/16 inch, one time at year end.
28 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Cabinets Homeowner Use and Maintenance Guidelines Your Selections Sheets are your record of the brand, style, and color of cabinets in your home. If you selected wood or wood veneer cabinets, expect differences in grain and color between and within the cabinet components due to natural variations in wood and the way it takes stain. Cleaning Products such as lemon oil or polishes that include scratch cover are suggested for wood cabinet care. Follow container directions. Use such products a maximum of once every 3 to 6 months to avoid excessive build-up. Avoid paraffin-based spray waxes and washing cabinets with water, as both will damage the luster of the finish. Hinges If hinges catch or drawer glides become sluggish, a small amount of silicone lubricant will improve their performance. Moisture Damage to cabinet surfaces and warping can result from operating appliances that generate large amounts of moisture (such as a crockpot) too near the cabinet. When operating such appliances, place them in a location that is not directly under a cabinet. Landed Gentry Limited Warranty Guidelines During the orientation, we will confirm that all cabinet parts are installed and that their surfaces are in acceptable condition. Alignment Doors, drawer fronts, and handles should be level and even. Operation Cabinets should operate properly under normal use. Separations We will correct gaps between cabinets and the ceiling or cabinets and the walls by caulking or other means if the gap exceeds 1/8 inch (locations behind appliances are excepted from this repair). Warping If doors or drawer fronts warp in excess of 1/4 inch within 24 inches, we will correct this by adjustment or replacement. Wood Grain Readily noticeable variations in wood grain and color are normal in all wood or wood veneer selections. Replacements are not made due to such variations. Carpet Homeowner Use and Maintenance Guidelines Your selection workbook provides a record of the brand, style, and color of floor coverings in your home. Please retain this information for future reference. Refer to the various manufacturers’ recommendations for additional information on the care of your floor coverings. Burns Take care of any kind of burn immediately. First, snip off the darkened fibers. Then use a soap-less cleaner and sponge with water. If the burn is extensive, talk with a professional about replacing the damaged area. Cleaning You can add years to the life of your carpet with regular care. Carpet wears out because of foot traffic and dirt particles that get trampled deep into the pile beyond the suction of the vacuum. The dirt particles wear down the fibers like sandpaper and dull the carpet. The most important thing you can do to protect your carpet is to vacuum it frequently. Vacuum twice each week lightly and once a week thoroughly. Heavy traffic areas may require more frequent cleaning. A light vacuuming is three passes; a thorough job may need seven passes. A vacuum cleaner with a beater-bar agitates the pile and is more effective in bringing dirt to the surface for easy removal. Vacuuming high-traffic areas daily helps keep them clean and maintains the upright position of the nap. Wipe spills and clean stains immediately. For best results, blot or dab any spill or stain; avoid rubbing. Test stain removers on an out-of-the-way area of the carpet, such as in a closet, to check for any undesirable effects. Have your carpet professionally cleaned regularly, usually after 18 months in your home and then once a year after that. Crushing Furniture and traffic may crush a carpet's pile fibers. Frequent vacuuming in high-traffic areas and glides or cups under heavy pieces of furniture can help prevent this. Rotating your furniture to change the traffic pattern in a room promotes more even wear. Some carpets resist matting and crushing because of their level of fiber, but this does not imply or guarantee that no matting or crushing will occur. Heavy traffic areas such as halls and stairways are more susceptible to wear and crushing. This is considered normal wear.
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Fading Science has yet to develop a color that will not fade with time. All carpets will slowly lose some color due to natural and artificial forces in the environment. You can delay this process by frequently removing soil with vacuuming, regularly changing air filters in heating and air conditioning systems, keeping humidity and room temperature from getting too high, and reducing sunlight exposure with window coverings. Filtration If interior doors are kept closed while the air conditioning is operating, air circulation from the closed room flows See also through the small space at the bottom of the door. This forces the air over the carpet fibers, which in turn act as a filter, Ghosting catching particulate pollution. Over time, a noticeable stain develops at the threshold. Fuzzing In loop carpets, fibers may break. Simply clip the excess fibers. If it continues, call a professional. Pilling Pilling or small balls of fiber can appear on your carpet, depending on the type of carpet fiber and the type of traffic. If this occurs, clip off the pills. Some carpets will pill for several months after installation, this is a normal process. If you are concerned about this please ask at time of flooring selections. Rippling High humidity may cause rippling in wall-to-wall carpeting. If the carpet remains rippled with lower humidity levels, have a professional re-stretch the carpet using a power stretcher, not a knee-kicker. Seams Carpet usually comes in 12-foot widths, making seams necessary in most rooms. Visible seams are not a defect unless they have been improperly made or unless the material has a defect, making the seam appear more pronounced than normal. The more dense and uniform the carpet texture, the more visible the seams will be. Carpet styles with low, tight naps result in the most visible seams. Seams are never more visible than when the carpet is first installed. Usually with time, use, and vacuuming the seams become less visible. You can see examples in the model homes of how carpet seams diminish after they have been vacuumed repeatedly and have experienced traffic. Shading Shading is an inherent quality of fine-cut pile carpets. Household traffic causes pile fibers to assume different angles; as a result, the carpet appears darker or lighter in these areas. A good vacuuming, which makes the pile all go in the same direction, provides a temporary remedy. Shedding New carpeting, especially pile, sheds bits of fiber for a period of time. Eventually, loose fibers are removed by vacuuming. Note: Be sure to set your vacuum cleaner for your type of flooring. Setting the vacuum’s ‘beater bar’ too low can cause significant damage. Carpet experts generally suggest that the bar be set so that it just touches the tops of the carpet fibers. Snags Sharp-edged objects can grab or snag the carpet fiber. When this occurs, cut off the snag. If the snag is especially large, call a professional. Sprouting Occasionally you may find small tufts of fiber sprouting above carpet surface. Simply use scissors to cut off the sprout. Do not attempt to pull it, because other fibers will come out in the process. Stains No carpet is stain-proof. Although the carpet manufacturer designates your carpet as stain-resistant, some substances may still cause permanent staining. These include hair dyes, shoe polish, paints, and India ink. Some substances destroy or change the color of carpets, including bleaches, acne medications, drain cleaners, plant food, insecticides, and food or beverages with strongly colored natural dyes as found in some brands of mustard and herbal tea. Refer to the care and maintenance brochures for recommended cleaning procedures for your particular fiber. Pretest any cleaning solution or spot remover in an inconspicuous area before using it in a large area. Apply several drops of the solution, hold a white tissue on the area, and count to ten. Examine both tissue and carpet for dye transfer and check for carpet damage. Static Cooler temperatures outside often contribute to static electricity inside. To avoid the problem, look for carpets made with anti- static. You can also install a humidifier to help control static build-up. Landed Gentry Limited Warranty Guidelines During your orientation, we will verify that your carpet is in acceptable condition. We will correct stains noted at the time by cleaning, patching or replacement. Landed Gentry is not responsible for dye lot variations if replacements are made.
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Edges Edges of carpet along moldings and edges of stairs should be held firmly in place. In some areas, metal or other edging material may be used where carpet meets another floor covering. Seams Carpet seams will be visible. Landed Gentry will repair any gaps or fraying. Caulking Homeowner Use and Maintenance Guidelines Caulked areas must be inspected and maintained on a regular basis. Time and weather will shrink and dry caulk so that it no longer provides a good seal. As routine maintenance, check caulking and make needed repairs. Important areas to examine are around windows, doors, and any other penetrations in your homes exterior. Caulking compounds and dispensers are available at hardware stores. Read the manufacturer's instructions carefully to be sure you select an appropriate caulk for the intended purpose. Colored Caulk Colored caulking is available where larger selections are provided. As with any colored material, dye lots See also Countertops, can vary. Expansion and Latex Caulk Contraction, Stairs, Latex caulking is appropriate for an area that requires painting, such as along the stair stringer or where and Wood Trim wood trim meets the wall. Silicone Caulk Caulking that contains silicone will not accept paint; it works best where water is present, for example, where tub meets tile or a sink meets a countertop. Landed Gentry Limited Warranty Guidelines During the orientation we confirm that all caulked areas are adequately sealed. One-Time Repair We will touch up caulking one time during your materials and workmanship period. This be performed with your 1-year service. Ceramic Tile Homeowner Use and Maintenance Guidelines Your selection workbook includes the brand and color of your ceramic tile. Cleaning Ceramic tile is one of the easiest floor coverings to maintain. Simply vacuum when needed. Occasionally, a wet mopping with warm water may be appropriate. Avoid adding detergent to the water. If you feel a cleaning agent is required, use a mild solution of warm water and dishwasher crystals (they will not result in a heavy, difficult-to-remove lather on the grout). Rinse thoroughly. The ceramic tile installed on walls or countertops in your home may be washed with any nonabrasive soap, detergent, or tile cleaner. Abrasive cleaners will dull the finish. Grout Discoloration Clean grout that becomes yellowed or stained with a fiber brush, cleanser, and water. Grout cleansers and whiteners are available at most hardware stores. Sealing Grout Sealing grout is your decision and responsibility. Tile installers do not seal grout. Once grout has been sealed, ongoing maintenance of that seal is necessary and limited warranty coverage on grout that has been sealed is void. Separations Expect slight separations to occur in the grout between tiles. This grout is for decorative purposes only; it does not hold the tile in place. Cracks in the grout can be filled using premixed grout purchased from flooring or hardware stores. Follow package directions. Tile around bathtubs or countertops may appear to be pulling up after a time. This is caused by normal shrinkage of grout or caulk and shrinkage of wood members as they dry out. If this occurs, the best remedy is to purchase tub caulk or premixed grout from a hardware store. Follow directions on the container. This maintenance is important to protect the underlying surface from water damage.
31 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Landed Gentry Limited Warranty Guidelines During the orientation we confirm that tile and grout areas are in acceptable condition. We will repair or replace cracked, badly chipped, or loose tiles noted at that time. Landed Gentry is not responsible for variations in color or discontinued patterns. New grout may vary in color from the original. One-Time Repair Cracks appearing in the grout of ceramic tiles at joints or junctions with other materials are commonly due to shrinkage. Landed Gentry will repair grouting, if necessary, at year end. We are not responsible for color variations in grout, sealing, or discontinued colored grout. Any grouting or caulking needed after that time is your responsibility. Concrete Flatwork Homeowner Use and Maintenance Guidelines By maintaining good drainage, you protect your home's foundation and the concrete flatwork: the basement floor, porch, patio, driveway, garage floor, and sidewalks. Concrete slabs are floating – they are not attached to the foundation walls. These are not structural (load-bearing) element of the home and are covered by the one year material and workmanship warranty. We install a flexible collar around the top of the furnace plenum (plan specific). Gas and water lines include flexible connections, and drain lines have slip joints. Landed Gentry incorporates all of these details in the construction of the basement floor because we know the floor will move in response to the soils. Movement of the basement slab or any concrete slab results in cracking. Minimize this movement by following Landed Gentry’s landscaping recommendations, the objective of which is to prevent moisture from reaching soils around and under the home. Cleaning Avoid washing exterior concrete slabs with cold water from an outside faucet when temperatures are high and the sun has been shining on the concrete. The abrupt change in temperature can damage the surface bond of the concrete. We recommend sweeping for keeping exterior concrete clean. If washing is necessary, do this when temperatures are moderate. Repeated cleaning of the garage floor by hosing can increase soil movement by allowing water to penetrate any existing cracks. We recommend sweeping to clean the garage floor. If your home has a “no step entry” please pay special attention to areas where the concrete flat work comes near the home. These areas are specially flashed to prevent and minimize rot, use of pressure washers in those areas not recommended as they may break or weaken a seal. Cracks A concrete slab 10 feet across shrinks approximately 5/8 inch as it cures. Some of this shrinkage shows up as cracks. Cracking of concrete flatwork also results from temperature changes that cause expansion and contraction. During the summer, moisture finds its way under the concrete along the edges or through cracks in the surface. In winter, this moisture forms frost that can lift the concrete, increasing the cracking. Maintaining drainage away from all concrete slabs will minimize cracking from this cause. As cracks occur, seal them with a waterproof concrete caulk (available at hardware or home improvement stores) to prevent moisture from penetrating to the soil beneath. Expansion Joints We install expansion joints to help control expansion. However, as the concrete shrinks during the curing process, moisture can penetrate under the concrete and lift the expansion joint. When this occurs, fill the resulting gap with a gray silicone sealant, available at most hardware stores. Heavy Vehicles Prohibit commercial or other extremely heavy vehicles such as moving vans and other large delivery trucks from pulling onto your driveway. We design and install concrete drives for conventional residential vehicle use only: family cars, vans, light trucks, bicycles, and so on. Ice, Snow, and Chemicals Driving or parking on snow creates ice on the drive, which magnifies the effects of snow on the concrete surface. Remove ice and snow from concrete slabs as promptly as possible after snow storms. Protect concrete from abuse by chemical agents such as pet urine, fertilizers, radiator overflow, repeated hosing, or de-icing agents, such as road salt that can drip from vehicles. Avoid using salts and chemical de-icing agents on your concrete. All of these materials can cause spalling (chipping of the surface) of concrete, and will negate your warranty. Post-Tension Slabs If your home is built on a post-tension slab, avoid any action that penetrates the concrete. The risk of hitting a cable or tendon, which is under considerable tension, makes such actions dangerous. Sealer
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A concrete sealer, available at paint stores, will help you keep an unpainted concrete floor clean. Do not use soap on unpainted concrete. Instead, use plain water and washing soda or, if necessary, a scouring powder. Landed Gentry Limited Warranty Guidelines Because these slabs are not a structural (load-bearing) element of the home, they are excluded from coverage under the structural warranty. The limited warranty coverage is for one year. Color Concrete slabs vary in color. Landed Gentry provides no correction for this condition. Cracks If concrete cracks reach 3/16 of an inch in width or vertical displacement, Landed Gentry will patch or repair them at year end. Subsequently, concrete slab maintenance is your responsibility. Finished Floors Landed Gentry will correct cracks, settling, or heaving that rupture finish floor materials that we installed as part of the home as you originally purchased it. Level Floors Concrete floors in the habitable areas of the home will be level to within 1/4 inch within any 32-inch measurement with the exception of an area specifically designed to slope toward a floor drain. Separation Landed Gentry will correct concrete slabs separation from the home if separation exceeds one inch. Settling or Heaving Landed Gentry will repair slabs that settle or heave in excess of 2 inches or if such movement results in negative drainage (toward the house) or hazardous vertical displacement. Spalling (Surface Chips) Causes of spalling include repeated hosing of concrete for cleaning, animal urine, radiator overflow, fertilizer, uncleared snow and ice, ice-melting agents, and road salts from vehicles. Repair of spalling is a home maintenance task. Standing Water Water may stand on exterior concrete slabs for several hours after precipitation or from roof run-off. Landed Gentry will correct conditions that cause water to remain longer than 24 hours unless it is from roof run-off of melting snow or ice. Condensation Homeowner Use and Maintenance Guidelines When warm, moist air comes into contact with cooler surfaces, the moisture condenses. Outside we see this as dew; inside you may see it as a layer of moisture on glass windows and doors. This condensation comes from high humidity within the home combined with low outside temperatures and inadequate ventilation. Family lifestyle significantly influences two out of three of these conditions. Humidifier Operation If your home includes a humidifier, closely observe manufacturer's directions for its use. Use moderate settings to maintain desired comfort levels without contributing too much moisture to your home. You may need to experiment to find the correct level for your family's lifestyle. New Construction Some experts have estimated that a typical new home contains 50 gallons of water. Water is part of lumber, concrete, drywall texture, paint, caulk, and other materials used in building. Wet weather during construction adds more. This moisture evaporates into the air as you live in your home–adding to the moisture generated by normal living activities. Over time, this source of moisture will diminish. Normal Activities As you live in your home, your daily lifestyle contributes to the moisture in the air also. Cooking, laundry, baths and showers, aquariums, plants, and so on, all add water to the air in your home. Likewise, your daily routine can mitigate the amount of moisture in your home and reduce condensation on interior surfaces. Temperature Avoid setting your thermostat at extreme temperatures. Heating your home will cause materials to dry out faster, generating more moisture into the air; drying the materials too fast also increases shrinkage cracks and separations. Ventilation Develop the habit of using exhaust fans in bathrooms and over the stove. When weather conditions permit, open windows so fresh air can circulate through your home. Keep the dryer exhaust hose clean and securely connected.
33 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Landed Gentry Limited Warranty Guidelines See also Condensation results from weather conditions and a family's lifestyle. Landed Gentry has no control over these factors. Ventilation The limited warranty coverage excludes condensation. Countertops Homeowner Use and Maintenance Guidelines Use a cutting board to protect your counters when you cut or chop. Protect the counter from heat and from extremely hot pans. This includes solid surface countertops such as granite. If you cannot put your hand on it, do not put it on the counter. Do not use countertops as ironing boards and do not set lighted cigarettes on the edge of the counter. Caulking The caulking between the countertop and the wall, along the joint at the backsplash (the section of counter that extends a few inches up the wall along the counter area), and around the sink may shrink, leaving a slight gap. Maintaining a good seal in these locations is important to keep moisture from reaching the wood underneath and to prevent warping. Cleaning See also Avoid abrasive cleaners that will damage the luster of the surface. Ceramic Tile Mats Rubber drain mats can trap moisture beneath them, causing certain materials to warp and blister. Dry the surface as needed. Wax Wax is not necessary, but it can be used to make counters gleam. Granite Granite countertops are not sealed at the time of installation. Keep in mind that granite is a natural material that may chip or stain. Clean granite regularly and apply sealer at least once per year. Cleaners and sealants are available from home improvement stores. Landed Gentry Limited Warranty Guidelines During your orientation we confirm that all countertops are in acceptable condition. We repair noticeable surface damage such as chips, cracks, and scratches noted on the orientation list. Repair of surface damage noted subsequent to this is one of your home maintenance responsibilities. Solid surface, including granite Edges should be smooth and even. Where backsplash joints occur at corners, top edges should be even within 1/16 in. Laminates Laminate countertops will have one or more discernible seams. Landed Gentry will repair gaps or differentials at seams that exceed 1/16 in. Separation from wall Separation of countertops from walls, backsplash, and around sinks results from normal shrinkage of materials. Landed Gentry will re-caulk these areas at year end. Subsequent caulking will be your home maintenance responsibility. Crawl Space Homeowner Use and Maintenance Guidelines The crawl space is not intended as a storage area. Wood and other materials stored in a crawl space can attract termites. There is a plastic vapor barrier that has been installed under your home; there may be some dampness under this See also barrier. You may notice slight dampness in the crawl space, which is typical. It is important that the barrier remain Ventilation evenly spread under your home. After work has been done under your home make sure that the vapor barrier is complete and there are no gaps or exposed earth. Landscaping that is correctly installed helps prevent excessive amounts of water from entering crawl spaces. Please make sure that sprinkler heads or other irrigation and drainage is not directed at crawl space vents. Report standing water to Landed Gentry for inspection. Landed Gentry Limited Warranty Guidelines During the orientation we will check the condition of soils in the crawl space. Soils in the crawl space may be damp but should not have standing water. Provided that you have not altered the drainage nor caused excessive moisture to accumulate and remain in this area with incorrect landscaping, Landed Gentry will correct the conditions that result in persistent standing water.
34 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Damp-Proofing Homeowner Use and Maintenance Guidelines If your home has a basement, we spray your foundation walls with a waterproofing material. Although we make every effort to assure a dry basement, during times of excessive moisture, you may notice some dampness. Over time, natural compaction of soils in the backfill areas will usually eliminate this condition. Careful maintenance of positive drainage will also protect your basement from this condition. Landed Gentry Limited Warranty Guidelines Landed Gentry will correct conditions that allow actual water to enter the basement unless the cause is improper installation of owner- installed landscaping or failure to adequately maintain drainage. Decks Homeowner Use and Maintenance Guidelines Wood decks add to the style and function of your home and are a high maintenance part of your home's exterior. Many of the decks Landed Gentry installs utilize synthetic decking material, which diminishes some of the long-term maintenance requirements. If your deck is a synthetic material, please follow the manufactures recommended maintenance and care guidelines, which may be different from that of typical wood decking. If you are unsure of what type of decking material is on your home please ask your Selections Coordinator. Effects of Exposure Wood decks are subject to shrinkage, cracking, splitting, cupping, and twisting. Nails or screws may work lose and will need routine maintenance. Plan to inspect your decks regularly, a minimum of once each year, and provide needed attention promptly to maintain an attractive appearance and forestall costly repairs. Landed Gentry recommends that you treat or re-stain your decks annually. Foot Traffic As you use your decks, abrasives and grit on shoes can scratch or dent the wood surface. Regular sweeping and mats can mitigate this but will not completely prevent it. Outdoor Furniture The surface of the decking can be damaged by moving grills, furniture, or other items. Use caution when moving such items to prevent scratches, gouges, and so on. Sealing or Water Repellent To prolong the life and beauty of your deck, treat it periodically with a water repellent or wood preservative. Home centers and hardware stores offer several products to consider for this purpose. Always follow manufacturer directions carefully. Snow and Ice Heavy snow or ice that remains on the deck over long periods increases wear and tear. Prompt removal can reduce adverse effects. Use caution in shoveling to avoid scratching of the deck boards. Stain Exposed wood decks have been stained with a semi-transparent oil stain to protect and beautify the wood. Each board takes the same stain differently and variations in color will be readily noticeable. Over time, with exposure to weather and use, further variations in color will occur. Landed Gentry Limited Warranty Guidelines Exposed wood decks are constructed to meet structural and functional design. During the orientation, we will confirm that the wood decks are in satisfactory condition. Color Variation Color variations are a natural result of the way wood accepts stain and are excluded from limited warranty coverage. Replacement Boards or Rails Shrinkage, cracking, splitting, cupping, and twisting are natural occurrences in wood decks and are excluded from limited warranty coverage. In extreme situations where personal safety is involved, if Landed Gentry provides replacement of boards or rails, the new material will not match existing pieces that have been exposed to elements and use. Landed Gentry does not provide corrections when problems occur due to lack of normal maintenance.
35 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Doors and Locks Homeowner Use and Maintenance Guidelines The doors installed in your home are made of steel, fiberglass and/or wood products and are subject to the natural characteristics of each of those products, such as shrinkage and warpage. Due to natural fluctuations caused by humidity and the use of forced air furnaces, showers, and dishwashers, interior doors may occasionally require minor adjustments. Bi-fold Doors Interior bi-folds sometimes stick or warp because of weather conditions. Apply a silicone lubricant to the tracks to minimize this inconvenience. Exterior Finish Most exterior doors are either steel or fiberglass. These are relatively low maintenance products, although due to regular use and weather exposure, their useable lives can be extended by regular painting and general maintenance. Failure to Latch If a door will not latch because of minor settling, you can correct this by making a new opening in the jamb for the latch plate (re- mortising) and raising or lowering the plate accordingly. Hinges You can remedy a squeaky door hinge by removing the hinge pin and applying a silicone lubricant to it. Avoid using oil, as it can gum up or attract dirt. Graphite works well as a lubricant but can create a gray smudge on the door or floor covering beneath the hinge if too much is applied. Keys Keep a duplicate privacy lock key where children cannot reach it in the event a youngster locks him- or herself in a room. The top edge of the door casing is often used as a place to keep the key. A small screwdriver or similarly shaped device can open some types of privacy locks. Locks Lubricate door locks with graphite or other waterproof lubricant. Avoid oil, as it will gum up. Shrinkage Use putty, filler, or latex caulk to fill any minor separations that develop at mitered joints in door trim. Follow with painting. Wood door panels shrink and expand in response to changes in temperature and humidity. Touching up the paint or stain on exposed areas is your maintenance responsibility. Slamming Slamming doors can damage both doors and jambs and can even cause cracking in walls. Teach children not to hang on the doorknob and swing back and forth; this works loose the hardware and causes the door to sag. Sticking The most common cause of sticking doors is the natural expansion of lumber due to changes in humidity. When sticking is caused by swelling during a damp season, do not plane the door unless it continues to stick after the weather changes. Before planing a door because of sticking, try two other steps: (1) apply either a paste wax, light coat of paraffin or candle wax to the sticking surface; (2), tighten the screws that hold the door jamb or door frame. If planing is necessary even after these measures, use sandpaper to smooth the door and paint the sanded area to seal against moisture. Warping If a door warps slightly, keeping it closed as much as possible often returns it to normal. Weather Stripping Weather stripping and exterior door thresholds occasionally require adjustment or replacement. Landed Gentry Limited Warranty Guidelines During the orientation we confirm that all doors are in acceptable condition and correctly adjusted. Landed Gentry will repair construction damage to doors noted on the orientation list. Adjustments Due to normal settling of the home, doors may require adjustment for proper fit. Landed Gentry will make such adjustments. Panel Shrinkage Panels of wood doors shrink and expand in response to changes in temperature and humidity. Although touching up the paint or stain on unfinished exposed areas is your home maintenance responsibility, Landed Gentry will repair split panels that allow light to be visible. Warping Landed Gentry will repair doors that warp in excess of ¼ in.
36 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Drywall Homeowner Use and Maintenance Guidelines Slight cracking, nail pops, or seams may become visible in walls and ceilings. These are caused by the shrinkage of the wood and normal deflection of trusses or rafters to which the drywall is attached. Ceilings The ceilings in your home are easy to maintain: periodically remove dust or cobwebs as part of your normal cleaning and repaint as needed. Repairs With the exception of the one-time, year-end repair service provided by Landed Gentry, care of drywall is your maintenance responsibility. Most drywall repairs can be easily made and are best done when you redecorate the room. Repair hairline cracks with a coat of paint. Repair slightly larger cracks with spackle or caulk. To correct a nail pop, reset the nail with a hammer and punch, and cover it with spackle, available at paint and hardware stores. Apply two or three thin coats. When dry, sand the surface with fine-grain sandpaper, then paint. Fill indentations caused by sharp objects in the same manner. Landed Gentry Limited Warranty Guidelines During the orientation, we confirm that drywall surfaces are in acceptable condition. Year End Repairs During the warranty period, Landed Gentry will repair drywall shrinkage cracks and nail pops and will touch up the repaired area using the same paint color that was on the surface when the home was delivered. Touch-ups will be visible. Repainting the entire wall or the entire room to correct this is your choice and responsibility. You are also responsible for custom paint colors or wallpaper applied subsequent to closing. Due to the effects of time on paint and wallpaper, as well as possible dye lot variations, touch-ups are unlikely to match the surrounding area. Landed Gentry does not repair drywall flaws that are only visible under particular lighting conditions. Related Warranty Repairs If a drywall repair is needed as a result of poor workmanship (such as blisters in tape) or other warranty-based repair (such as a plumbing leak), Landed Gentry completes the repair by touching up the repaired area with the same paint that was on the surface when the home was delivered. If more than one-third of the wall is involved, we will repaint the wall corner to corner. You are responsible for custom paint colors or wallpaper applied subsequent to closing. The effects of time on paint and wallpaper, as well as possible dye lot variations, mean touch-up may not match the surrounding area. Easements Homeowner Use and Maintenance Guidelines Easements are areas where such things as utility supply lines or access driveways pass through your property. They permit service to your lot (homesite) and adjacent lots, now and in the future. Your lot will also include drainage easements, meaning the runoff from adjacent lots passes across your property. Likewise, water from your property may run across a neighboring lot. Easements are recorded and are permanent. See also Trees, shrubs, gardens, play equipment, storage sheds, fences or other items which you install in or across these Property easements may be disturbed if service entities – such as the gas, electric, or phone companies – need access to lines Boundaries for repairs or to connect service to nearby homesites. Utility companies, U.S. Postal Service, and others, have the right to install equipment in easements. This might include streetlights, mailboxes, or junction boxes. Neither Landed Gentry nor you as a homeowner has the authority to prevent, interfere with, or alter these installations. Plans for the location of such items are subject to change by the various entities involved. Because they have no obligation to keep Landed Gentry informed of such changes, we are unable to predict sites that will include such equipment. Electrical System Homeowner Use and Maintenance Guidelines Know the location of the breaker panel; it includes a main shut-off that controls all the electrical power to the home. Individual breakers control the separate circuits. Each breaker is marked to help you identify which breaker is connected to which major appliances, outlets, or other service. Should a failure occur in any part of your home, always check the breakers in the main panel box. Breakers Circuit breakers have three positions: on, off, and tripped. When a breaker trips, it must first be turned off before it can be turned on. Switching the breaker directly from tripped to on will not restore service.
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Breakers Tripping Breakers trip because of overloads caused by plugging too many appliances into the circuit, a worn cord or defective appliance, or operating an appliance with too high a voltage requirement for the circuit. Starting an electric motor can also trip a breaker. If any circuit trips repeatedly, unplug all items connected to it and reset. If it trips when nothing is connected to it, you need an electrician. If the circuit remains on, one of the items you unplugged is defective and will require repair or replacement. Buzzing Fluorescent fixtures use transformer action to operate. This action sometimes causes a buzzing. Fixture Location We install light fixtures in the locations indicated on the plans or based on your custom walkthroughs. Moving fixtures to accommodate specific furniture arrangements or room use is your responsibility. GFCI (Ground-Fault Circuit-Interrupters) GFCI receptacles have a built-in element that senses fluctuations in power. Quite simply, the GFCI is Caution: Never plug a a circuit breaker. Building codes require installation of these receptacles in bathrooms, kitchens, refrigerator or food freezer exterior and garages (areas where an individual can come into contact with water while holding an into a GFCI-controlled electric appliance or tool). Heavy appliances such as freezers or power tools will trip GFCI breakers. outlet. The likelihood of the contents being ruined is Each GFCI circuit has a test and reset button. Once a month, press the test button. This will trip the high, and the limited circuit. To return service, press the reset button. If a GFCI breaker trips during normal use, it may warranty does not cover indicate a faulty appliance and you will need to investigate the problem. One GFCI breaker can such damage. control up to three or four outlets, so check adjacent GFCI plugs if the plug you are using doesn’t respond. Grounded System Your electrical system is a three-wire grounded system. Never remove the bare wire that connects to the box or device. Light Bulbs You are responsible for replacing burned-out bulbs other than those noted during your orientation. Luminous Light Panels Translucent panels covering ceiling lights are made of polystyrene plastic. To clean, gently push up, tilting the panel slightly and remove it from the fixture frame. Wash with a diluted (1 to 2 percent) solution of mild detergent and warm water. Do not rinse; the soap film that remains reduces static electricity that attracts dust. Over time, the plastic panel may yellow and will become brittle and may need to be replaced if it cracks or breaks. Replacement material can be found at home center and hardware stores. Most suppliers will cut the panel to fit so if you need to purchase a replacement, be sure to note the size you need. Bulbs for these fixtures can be purchased at home centers or hardware stores. Avoid exceeding the wattage indicated inside the fixture. Modifications If you wish to make any modifications, contact the electrician listed in the “Utility and Community Services” list in the Forms Appendix. Having another electrician modify your electrical system during the warranty period can void that portion of your limited warranty. Outlets If an outlet is not working, check first to see if it is controlled by a wall switch or adjacent GFCI, then check the breaker. If there are small children in the home, install safety plugs to cover unused outlets. This also minimizes the air infiltration that sometimes occurs with these outlets. Teach children to never touch electrical outlets, sockets, or fixtures. Underground Cables Before digging, check the location of buried service leads by calling the local utility locating service. In most cases, wires run in a straight line from the service panel to the nearest public utility pad. Maintain positive drainage around the foundation to protect electrical service connections. Under- or Over-Cabinet Lights Optional under- or over-cabinet lighting provides task lighting or atmosphere to your kitchen. We suggest you note the size and type of bulbs in these fixtures and keep replacements on hand.
38 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Homeowner Use and Maintenance Guidelines During the orientation, we confirm that light fixtures are in acceptable condition and that all bulbs are working. Troubleshooting Tips – No Electrical Service Landed Gentry’ limited warranty excludes any fixture No Electrical Service Anywhere in the Home you supplied. Before calling for service, check to confirm that the: Designed Load Service is not out in the entire area. If so, contact the utility company. Main and individual breakers are all in the on position. Landed Gentry will repair any electrical wiring that fails to carry its designed load to meet No Electrical to One or More Outlets specifications. If electrical outlets, switches, or Before calling for service, check to confirm that the: Main and individual breakers are all in the on position. fixtures do not function as intended, Landed Gentry Applicable wall switch is on will repair or replace them. GFCI is set (see details on GFCIs, earlier in this section) GFCI (Ground-Fault Circuit-Interrupters) Item you want to use is plugged in Landed Gentry is not responsible for food spoilage Item you want to use works in other outlets that results from your plugging refrigerators or Bulb in the lamp is good freezers into a GFCI outlet. Even if the troubleshooting tips do not identify a solution, the Power Surge information you gather will be useful to the service provider you call. Power surges are the result of local conditions beyond the control of Landed Gentry and are excluded from limited warranty coverage. These can result in burned-out bulbs or damage to sensitive electronic equipment such as TVs, alarm systems, and computers. Damage resulting from lightning strikes is excluded from limited warranty coverage. Expansion and Contraction Homeowner Use and Maintenance Guidelines Changes in temperature and humidity cause all building materials to expand and contract. Dissimilar materials expand or contract at different rates. This movement results in separation between materials, particularly dissimilar ones. You will see the effects in small cracks in drywall and in paint, especially where moldings meet drywall, at mitered corners, and where tile grout meets tub or sink. While this can alarm an uninformed homeowner, it is normal. Shrinkage of the wood members of your home is inevitable and occurs in every new home. Although this is most noticeable during the first year, it may continue beyond that time. In most cases, caulk and paint are all that you need to conceal this minor evidence of a natural phenomenon. Even though properly installed, caulking shrinks and cracks. Maintenance of caulking is your responsibility. Landed Gentry Limited Warranty Guidelines Landed Gentry provides 2 service appointments; 30-Day & 1-Year (within the 1 year warranty period) to many of the effects of expansion and contraction. See individual categories such as drywall and caulk for details. Fencing Homeowner Use and Maintenance Guidelines Depending on the community in which your home is located, fencing may be included with your home, it may be an See also optional item, or it may be an item you consider adding after your move-in. When Landed Gentry installs fencing as part Property of your new home, we confirm its good condition during your orientation. All types of fencing require some routine Boundaries attention. Drainage In planning, installing, and maintaining fencing, allow existing drainage patterns to function unimpeded. Use caution in distributing soil removed to set posts to avoid blocking drainage swales. Plan enough space under the bottom of a wood fence for water to pass through. Homeowner Association Design Review If you choose to add fencing after moving into your new home, keep in mind the need to obtain approval from the Design Review Committee of your homeowners association. Specific requirements about style, height, position on the lot are described in the current design review guidelines which you can obtain from a committee member. Special requirements apply to homes on corner lots where drivers must have adequate visibility. Additionally, in some communities, zoning laws may impact private fencing. Your responsibilities include checking on such details. Landed Gentry recommends that you engage the services of professionals to install your fence. Be certain to inform a fence installer of all design review requirements. Variation
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Height and location of fences installed by Landed Gentry will vary with lot size, topography, and shape. Landed Gentry must meet the requirements of the Design Review process just as any homeowner would. Wood Fences The lumber used to construct wood fences is rough cedar. Over time it will crack, warp, and split. Unless extreme, these conditions require no action on your part. As the wood ages and shrinks, nails may come loose and require attention. Also check the posts and any gates twice a year and tighten hardware or make needed adjustments. Wrought Iron Fencing Wrought iron is subject to rusting, if it is not maintained. Use touch-up paint on any scratches or chips. Inspect the fence twice a year and touch-up as needed, then plan to repaint the entire fence every one to two years to keep it looking its best. As with wood fencing, prevent sprinklers from spraying your wrought iron fence or rails. Check monthly to confirm that water does not stand around the fence posts. Make corrections to drainage as needed to prevent this. Landed Gentry Limited Warranty Guidelines If fencing is part of your home purchase, we will confirm the acceptable condition of the fence during your orientation. Landed Gentry will correct fence posts that become loose during the warranty period. Be aware that damage to fencing caused by severe weather should be referred to your homeowner insurance company and is specifically excluded from warranty coverage. Fireplace Gas Fireplace Landed Gentry offers direct-vent gas fireplaces that come site specific in many of our homes. If your home has this type of fireplace, it is demonstrated during the orientation. Read and follow all manufacturers’ directions. A slight delay between turning the switch on and flame ignition is normal. The flames should ignite gently Caution: The exterior vent and silently. If you notice any deviation from this and any gas smell, immediately shut off the switch and cover for a direct-vent gas report it to the gas company. fireplace becomes extremely hot when the Excessive winds can cause a downdraft, which can blow out the pilot, requiring you to relight it before fireplace is operating. using the fireplace. Landed Gentry Limited Warranty Guidelines Fireplaces are not intended to be the sole heat source in the home. The fireplace should function properly when Landed Gentry’s and the manufacturer's directions are followed. Cracks Normal shrinkage of mortar results in hairline cracks in masonry. Landed Gentry will repair cracks that exceed 1/8 inch in width. The repair consists of pointing or patching and the mortar color will be matched as closely as possible, but expect some variation. Exterior masonry may have chips, irregular surfaces, and color variations, which occur during manufacturing, shipping, or handling. Unless such conditions affect the structural integrity of the home, no repair is provided. Glass Doors During the orientation we confirm that glass fireplace doors, when included with the home, are in acceptable condition. The build- up of smoke deposits on glass doors is common, and cleaning them is your homeowner responsibility. Cleaning agents specifically for glass fireplace doors are available from home supply stores or fireplace and barbeque specialty stores. Water Infiltration In unusually heavy or prolonged precipitation, especially when accompanied by high winds, some water can enter the home through the chimney. The limited warranty excludes this occurrence. Foundation Homeowner Use and Maintenance Guidelines We install the foundation of your home according to the recommendations of our consultants and local building codes. The walls of the foundation are poured concrete with steel reinforcing rods. To protect your home's foundation, follow guidelines for installation and maintenance of landscaping and drainage in this manual. Basements are rare, unless your home is on a sloped lot or other unique circumstances. Most foundations make up unoccupied crawl spaces. Cracks Even though an engineer designed the foundation and we constructed it according to engineering requirements, surface cracks can still develop in the wall. Surface cracks are not detrimental to the structural integrity of your home. If a crack develops in a foundation wall that allows water to come through, follow the procedures for submitting a warranty claim. Dampness Due to the amount of water in concrete, basements may be damp. Condensation can also form on water lines.
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Future Construction in Basement If you decide to perform additional construction in the basement, obtain guidelines from a licensed engineer, obtain a building permit, and comply with all codes and safety requirements. Landed Gentry does not warrant your ability to obtain such a permit as building codes may change over time. Landed Gentry Limited Warranty Guidelines The foundation of your home has been designed and installed according to the recommendations of an engineer, architect or based on building codes. The walls of the foundation are poured concrete with steel reinforcing rods. Cosmetic Imperfections Slight cosmetic imperfections in foundation walls, such as a seam where two pours meet or slight honeycombing (aggregate visible), are normal and require no repair unless they permit water to enter. Cracks Shrinkage or backfill cracks are not unusual in foundation walls, especially at the corners of basement windows. Landed Gentry will seal cracks that exceed 1/8 inch in width. Leaks Landed Gentry will correct conditions that permit water to enter a finished basement, provided you have complied with the drainage, landscaping, and maintenance guidelines. Garage Overhead Door Homeowner Use and Maintenance Guidelines Since the garage door is a large, moving object, periodic maintenance is necessary. Light Visible Garage overhead doors cannot be airtight. Some light will be visible around the edges and across the top of the door. Weather conditions may result in some precipitation entering around the door as well as some dust especially until most homes in the community have landscaping installed. Lock If the lock becomes stiff, apply a silicone or graphite lubricant. Do not use oil on a lock, as it will stiffen in winter and make the lock difficult to operate. Lubrication Every 6 months, apply a lubricant such as silicone spray to all moving parts: track, rollers, hinges, pulleys, and springs. Avoid over-lubricating to prevent drips on vehicles or floor. At the same time, check to see that all hardware is tight and operating as intended without binding or scraping. Opener To prevent damage to a garage door opener, be sure the door is completely unlocked and the rope-pull has been removed before using the operator. If you have an opener installed after closing on your home, we suggest that you order it from the company that provided and installed the garage door to assure uninterrupted warranty coverage. Be familiar with the steps for manual operation of the door in the event of a power failure. If Landed Gentry installed a door opener as one of your selections, during orientation we demonstrate the electric eye that provides a safety stop in the event someone crosses through the opening while the overhead door is in motion. Use care not to place tools or other stored items where they interfere with the function of the electric eye. Expect to replace the battery in the garage opener remote controls about once a year. Painting Repaint the garage door when you repaint your home, or more often if needed to maintain a satisfactory appearance. We paint all garage doors. Safety Follow the manufacturer's instructions for safe and reliable operation. Do not allow anyone except the operator near the door when it is in motion. Keep hands and fingers away from all parts of the door except the handle. Do not allow children to play with or near the door. After the expiration of the one-year warranty, have any needed adjustments made by a qualified specialist. Door springs are under a considerable amount of tension and require special tools and knowledge for accurate and safe servicing. Have the door inspected by a professional garage door technician after any significant impact to the door. Sag Garage doors may sag slightly due to weight and span. This will stabilize after the panels have dried.
41 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Landed Gentry Limited Warranty Guidelines The garage door should operate smoothly and with reasonable ease. The door can become misaligned and require adjustment, which Landed Gentry will provide unless the problem is caused by the installation of a garage door opener subsequent to closing on the home. Note that painted garage doors will still show the underlying color between doors sections when in operation. Gas Shut-Offs Homeowner Use and Maintenance Guidelines You will find shut-offs on gas lines near their connection to each item that operates on gas. In addition, there is a main shut-off at the meter. We point these out during the orientation. If you suspect a leak, leave the home immediately and call the gas company for emergency service. Landed Gentry Limited Warranty Guidelines The gas company is responsible for leaks up to the meter. Landed Gentry will correct leaks from the meter into the home. Ghosting Homeowner Use and Maintenance Guidelines Recent feedback from homeowners (in both old and new homes) regarding black sooty stains which develop on surfaces in homes (on carpet, walls, ceilings, appliances, mirrors, and around area rugs – to list a few examples) have caused much investigation and research. The conclusion of research and laboratory tests has been that the majority of this staining or "ghosting" results from pollution of the air in the home caused by burning scented candles. Incomplete combustion of hydrocarbons as these candles burn contributes a considerable amount of soot to the air. This sooty substance then accumulates on surfaces of the home. The sooty deposits are extremely difficult to remove; on some surfaces (light-colored carpet, for instance), they are impossible to clean completely.
The popularity of scented candles has increased many-fold in recent years. If this is an activity that is part of your See also lifestyle, we caution you about the potential damage to your home. When this condition results from homeowners Carpet / Filtration burning candles or other lifestyle choices, the resulting damage is excluded from our limited warranty coverage. Grading and Drainage Homeowner Use and Maintenance Guidelines The final grades around your home have been inspected and approved for proper drainage of your lot. The local building authorities as well as Landed Gentry inspect the site. Yards drain from one to another. You and your neighbors share an overall drainage plan for the community. Use caution when installing landscaping, fencing, or additions to your home to prevent causing water problems on adjacent lots. Drainage Typically, the grade around your home should slope away from the foundation 5 feet. Generally, drainage swales do not follow property boundaries. Maintain all slopes around your home to permit water to drain away from the home as rapidly as possible. This is essential to protect your foundation. Failure to do so can result in major structural damage and will void your warranty. Exterior Finish Materials Maintain soil levels 6 inches below siding, stucco, brick, or other exterior finish materials. Contact with the soil can cause deterioration of the exterior finish material and encourages pest infestations. Roof Water Do not remove the splash blocks or downspout extensions from under the downspouts. Keep these in place at all times, sloped so the water drains away from your home quickly. Rototilling Rototilling can significantly change drainage swales. You can minimize this by rototilling parallel to the swales rather than across them. Settling The area we excavated for your home's foundation was larger than the home to allow room to work. In addition, some trenching is necessary for installation of utility lines. Although we replaced and compacted the soil, it does not return to its original density. Some settling will occur, especially after prolonged or heavy rainfall or melting of large amounts of snow. Settling can continue for several years. Inspect the perimeter of your home regularly for signs of settling and fill settled areas as needed to maintain positive drainage.
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Subsurface Drains See also Occasionally Landed Gentry installs a subsurface drain to ensure that surface water drains. Keep this area Landscaping and especially the drain cover clear of debris so that the drain can function as intended. Landed Gentry Limited Warranty Guidelines We established the final grade to ensure adequate drainage away from the home. Maintaining this drainage is your responsibility. If you alter the drainage pattern after closing, or if changes in drainage occur due to lack of maintenance, the limited warranty is void. Backfill Settlement Backfilled or excavated areas around the foundation and at utility trenches should not interfere with the drainage away from your home. If these areas settle during the first year, Landed Gentry will fill the areas during the warranty period. Erosion Landed Gentry is not responsible for weather-caused damage to un-landscaped yards after the final grade has been established or the closing date, whichever occurs last. New Sod New sod installation and the extra watering that accompanies it can cause temporary drainage problems, as can unusually severe weather conditions. Swales Landed Gentry does not alter drainage patterns to suit individual landscape plans. Typically, a lot receives water from and passes water on to other lots, so changes in grade often affect adjacent or nearby lots. Landed Gentry advises against making such changes. After heavy rain or snow, water may stand in swales up to 48 hours. Under Concrete Landed Gentry will fill visible sunken areas under concrete during the first year. Gutters and Downspouts Homeowner Use and Maintenance Guidelines Check gutters periodically and remove leaves or other debris. Materials that accumulate in gutters can slow water drainage from the roof, cause overflows, and clog the downspouts. Extensions or Splash blocks Extensions should discharge outside of rock or bark beds so that water is not dammed behind edging materials. Ladders Use caution when leaning ladders against gutters, as this may cause dents. Leaks If a joint between sections of gutter drips, caulk the inside joint using a commercial gutter caulking compound available at hardware stores. Paint Gutters and downspouts are installed with the color imbedded in them during manufacturing; however, they are sometimes painted to match your home. If painted, you should repaint them when you repaint your home. Snow and Ice See also Clear excess snow from downspouts as soon as possible to allow the gutter to drain and to prevent damage. Roof / Ice Dam Severe ice or snow build-up can damage gutters, and such damage is not covered by the limited warranty. Landed Gentry Limited Warranty Guidelines Gutters over 3 feet long are installed with a slight slope so that roof water will flow to the downspouts. Leaks We correct leaks that occur during the warranty period. Overflow Gutters may overflow during periods of heavy rain. This is expected and requires no repair. Standing Water Small amounts of water (up to one inch) will stand for short periods of time in gutters immediately after rain. No correction is required for these conditions.
43 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Hardware Homeowner Use and Maintenance Guidelines Doorknobs and locks should operate correctly with little attention. Over time, they may need slight adjustments due to normal shrinkage of the framing. Occasionally, you may need to tighten screws or add lubrication. Landed Gentry Limited Warranty Guidelines We confirm that all hardware is in acceptable condition during orientation. The limited warranty excludes repairs for cosmetic damage subsequent to the orientation. Landed Gentry will repair hardware items that do not function as intended. Hardwood Floors Homeowner Use and Maintenance Guidelines In daily care of hardwood floor, preventive maintenance is the primary goal. Cleaning Sweep on a daily basis or as needed. Never wet-mop a hardwood floor, and use water for cleaning very sparingly. Excessive water causes wood to expand and can possibly damage the floor. When polyurethane finishes become soiled, damp-mop with a mixture of 1 cup vinegar to one gallon of warm water. To damp-mop, remove all excess water from the mop. Check with the hardwood company if your floor has a water-based finish. Dimples Placing heavy furniture or dropping heavy or sharp objects on hardwood floors can result in dimples. Filmy Appearance A white, filmy appearance can result from moisture, often from wet shoes or boots or a leaking refrigerator water or ice maker. Furniture Legs Install proper floor protectors on furniture placed on hardwood floors to allow chairs to move easily over the floor without scuffing. Regularly clean the protectors to remove any grit that may accumulate. Humidity Wood floors respond noticeably to changes in humidity in your home. Especially during winter months the individual planks or pieces expand and contract as water content changes. A humidifier helps but does not eliminate this reaction. Mats and Area Rugs Use protective mats at exterior doors to help prevent sand and grit being tracked onto the floor. Gritty sand is wood flooring's worst enemy. However, be aware that rubber backing on area rugs or mats can cause yellowing and warping of the floor surface. Another point to keep in mind is that natural wood darkens as it ages due to exposure to sunlight. The spaces beneath rugs and mats are shielded from the light and will frequently appear lighter in color than the rest of the wood floor. Recoat Most hardwood floors are pre-finished prior to installation. Refer to the manufacturer’s recommendations. If your floors have a polyurethane finish, you may want to have an extra coat of polyurethane applied by a qualified contractor within a few years. The timing will depend on your particular lifestyle. If another finish was used, refer to the manufacturer's recommendations. Separation Expect some shrinkage around heat vents or heat-producing appliances, or during seasonal weather changes. See also Warping Shoes Keep high heels in good repair. Heels missing their protective cap (thus exposing the fastening nail) will exert over 8,000 pounds of pressure per square inch on the floor. That's enough to damage hardened concrete; it will mark your wood floor. Spills Clean up food spills immediately with a dry cloth. Do not allow liquids to remain on wood floors. Splinters When floors are new, small splinters of wood can appear. Sun Exposure Exposure to direct sunlight can cause irreparable damage to hardwood floors. To preserve the beauty of your hardwood floors, install and use window coverings in these areas. Traffic Paths A dulling of the finish in heavy traffic areas is likely. Warping Warping will occur if the floor repeatedly becomes wet or is thoroughly soaked even once. Slight warping in the area of heat vents or heat-producing appliances is also typical.
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Wax Wax and products like oil soap are neither necessary nor recommended. Once you wax a polyurethane finish floor, recoating is difficult because the new finish will not bond to wax. The preferred maintenance is preventive cleaning and recoating as needed to maintain the desired luster. Landed Gentry Limited Warranty Guidelines During the orientation we will confirm that hardwood floors are in acceptable condition. We will correct any readily noticeable cosmetic defects listed during the orientation. You are responsible for routine maintenance of hardwood floors. Separations Shrinkage will result in separations between the members of hardwood floors. If these exceed 1/8 inch, Landed Gentry will fill them at year end. Landed Gentry is not responsible for removing excess filler that appears on the surface if the boards expand due to subsequent changes in humidity. Heating System: Gas Forced Air Homeowner Use and Maintenance Guidelines Good maintenance of your furnace can save energy dollars and prolong the life of the furnace. Read and follow the manufacturer's literature on use and maintenance. The guidelines here include general information only. Adjust Vents Experiment with the adjustable registers in your home to establish the best heat flow for your lifestyle. Generally, you can reduce the heat in seldom-used or interior rooms. This is an individual matter and you will need to balance the system for your own family's needs. Avoid Overheating Do not overheat your new home. This can cause excessive shrinkage of framing lumber and may materially damage the home. In the beginning, use as little heat as possible and increase gradually. Blower Panel (Fan cover) You need to position the blower panel cover correctly for the furnace blower (fan) to operate. This panel compresses a button that tells the blower it is safe to operate. Similar to the way a clothes dryer door operates, this panel pushes in a button that lets the fan motor know it is safe to come on. If that button is not pushed in, the furnace will not operate. Combustion Air Caution: Never cover or block the Combustion air ducts are included with furnaces we install in garages or in utility closets. The combustion air vent in any way. outside end of the duct is covered with a screen to minimize insects or animals entering the duct. Outside air is needed to supply Cold air coming in though this duct means it is functioning as it should. the furnace with oxygen. Blocking Duct Cleaning the combustion air vent will cause Consider carefully before spending money on professional ductwork cleaning services. A study the furnace to draw air down the vent pipe and pull poisonous by the EPA found no proof that ductwork cleaning improves indoor air quality, nor was it found to gases back into your home. prevent health problems. For additional information contact the EPA and request document EPA- 402-K-97-002. Or, view this information on their website: www.epa.gov/iaq/pubs/. Ductwork Noise Some popping or pinging sounds are the natural result of ductwork heating and cooling in response to airflow as the system operates. Filter A clean filter will help to keep your home clean and reduce dusting chores. Remember to change or clean the filter regularly, per the manufacturer’s instructions. A clogged filter can slow airflow and cause cold spots in your home. Although it takes less than one minute to change the filter, this is one of the most frequently overlooked details of furnace care. Buy filters in large quantity for the sake of convenience. You will find the size and type printed along the edge of the filter that is in your furnace. Alternatively, if you have a permanent, washable, removable filter, you should clean this monthly. Use water only to clean the filter, air dry, and leave the unit off for a brief period. Do not use soaps or detergents on the filter. Furnished Home The heating system was designed with a furnished home in mind. If you move in during the cooler part of the year and have not yet acquired all of your draperies and furnishings, the home may seem cooler than you would expect.
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Fuse Some furnaces have a fuse directly above the on-off switch. This fuse is an S10, S12, or S15 fuse. It absorbs any spikes in the line such as electrical strikes or power surges. Unlike old fuses that burn out and clearly indicate that they are blown, these fuses, similar to automobile fuses, have a spring that depresses when tripped. Unless you have examined these before, it may be hard to determine if the fuse has blown. We suggest that you buy extra fuses of the same size to have on hand. Gas Odor If you smell gas, call the gas company immediately. Troubleshooting Tips- No Heat Odor Before calling for service, check to confirm that the: A new heating system may emit an odor for a few moments when you Thermostat is set to "heat" and the temperature is set first turn it on. An established system may emit an odor after being above the room temperature. unused for an extended time (such as after the summer months if you Blower panel cover is installed correctly for the do not use air conditioning). This is caused by dust that has settled in furnace blower (fan) to operate. Similar to the way a the ducts and should pass quickly. clothes dryer door operates, this panel pushes in a On-Off Switch button that allows fan motor to come on. If that button The furnace has an on-off blower switch. This switch looks like a regular is not pushed in, the furnace will not operate. Breaker on the main electrical panel is on. light switch and is located in a metal box outside the furnace. When (Remember, if a breaker trips you must turn it from the turned off, this switch overrides all furnace commands and shuts down tripped position to the off position before you can turn the blower. This is usually done only when maintenance service is being it back on.) performed, although young children have been known to turn the Switch on the side of the furnace is on. furnace off using this switch. (If your furnace is a high-efficiency model, Fuse in furnace is good. (See manufacturer literature it does not have a pilot or an on-off switch.) for size and location.) Pilot Gas line is open at main meter and at the side of On models with manually lit pilots, lighting the furnace pilot involves furnace. several steps; follow manufacturers’ instructions. These instructions are Filter is clean to allow airflow. Vents in individual rooms are open. also included on a sticker on the furnace and in the manufacturer's Air returns are unobstructed. literature. Even if the troubleshooting tips do not identify a Registers solution, the information you gather will be useful to Heat register covers are removable and adjustable. You are responsible the service provider you call. for adjusting the dampers in these covers to regulate the heat flow within the home. Registers in the rooms farther away from the furnace will usually need to be opened wider. Return Air Vents For maximum comfort and efficient energy use, arrange furniture and draperies to allow unobstructed airflow from registers and to cold air returns. Temperature Depending on the style of home, temperatures can normally vary from floor to floor as much as 10 degrees or more on extremely cold days. The furnace blower will typically cycle on and off more frequently and for shorter periods during severe cold spells. Thermostat The furnace will come on automatically when the temperature at the thermostat registers below the setting you have selected. Once the furnace is on, setting the thermostat to a higher temperature will not heat the home faster. Thermostats are calibrated to within plus or minus 5 degrees. Trial Run Have a trial run early in the fall to test the furnace. (The same applies to air conditioning in the spring.) If service is needed, it is much better to discover that before the heating season. Landed Gentry Limited Warranty Guidelines We will install heating systems according to local building codes, as well as to engineering designs of the particular model home. Adequacy of the system is determined by its ability to establish a temperature of 70 degrees F, as measured in the center of the room, 5 feet above the floor. In extremely cold temperatures (10 degrees below or colder), the system should be able to maintain a temperature differential of 80 degrees from the outside temperature. Duct Placement The exact placement of heat ducts may vary from those positions shown in similar floor plans. Ductwork Although the heat system is not a sealed system, the ductwork should remain attached and securely fastened. If it becomes unattached, Landed Gentry will repair as needed.
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Furnace Sounds Expansion or contraction of metal ductwork results in ticking or popping sounds. While eliminating all these sounds is impossible, Landed Gentry will correct oil canning. (Oil canning occurs when a large area of sheet metal like those found in air ducts makes a loud noise as it moves up and down in response to temperature changes.) Thermostat Thermostats are calibrated to plus or minus 5 degrees. Heating System: Heat Pump Homeowner Use and Maintenance Guidelines Troubleshooting Tips Heat pumps are offered on a limited basis. If your home contains a heat pump system, you should be aware of the performance characteristics No Heat or Auxiliary Heat Stays on When unique to these systems. As with any system, read the manufacturer's Outside Temperature Is 30 Degrees or Above literature and follow all instructions for efficient operation and maintenance of Before calling for service, check to confirm that the: your system. Clean or replace filters once a month. Provide professional Thermostat is set to "heat" and the temperature is service for your system at least once every two years. set above the room temperature. Breaker on the main electrical panel is on. Air Circulation Across Coils (Remember, if a breaker trips you must turn it from Keep the outside unit clear of any materials that would interfere with air the tripped position to the off position before you can circulation. Snow, ice, landscaping materials, trash, leaves, and other turn it back on.) accumulation can cause inefficiency or damage. Filter is clean to allow airflow. Air Conditioning and Heating Vents in individual rooms are open. A heat pump system operates differently than a gas forced-air furnace. Air returns are unobstructed. The same system provides both heat and air conditioning. This is Outside unit is not blocked by snow or other possible because a refrigerant flows back and forth in the coils of the heat materials. pump, controlled by a reversing valve. In the heating mode, the heat Outside coil does not have an excessive ice build-up. Even if the troubleshooting tips do not identify a pump removes heat from the outside air and transfers it to the inside air. solution, the information you gather will be useful to In the cooling mode, it does the opposite, removing heat from the inside the service provider you call. air and discharging it outside of the home. The thermostat inside your home controls this activity. Air Temperature at Vents Do not expect dramatic temperature differences in the air coming from the vents as with other kinds of systems. The coils used in a heat pump system operate at lower temperatures than those in a gas forced-air system. As a result, in the heat mode, air from the supply vents will typically range from 85° to 90°F. The vents will not feel hot, though the air discharged is warmer than the air in the room by as much as 20°F. Auxiliary Heat System At lower outside temperatures, less heat is available for the heat pump to draw from the exterior air. Therefore, from time to time the auxiliary heat system will come on to maintain the temperature you set at the thermostat. The auxiliary system will also come on whenever the temperature at the thermostat is moved 1.5 degrees or more at one time. If the light stays on when the outside temperature is more than 30°F, contact a service person. Defrost Cycle When the heat pump is operating in the heat mode, the coils outside may reach below freezing temperatures. Moisture in the air will condense into frost and accumulate on the coils under these circumstances. From time to time, the system will go into defrost mode to clear accumulated frost from the coils. This is a normal part of the operation of the system and will occur automatically. During the defrost cycle, the outside fan will stop temporarily. The temperature of airflow into the home will be a bit lower during this cycle. The defrost cycle can only occur once every 90 minutes and lasts no longer than 10 minutes. Night Setback Unless you have a night setback thermostat designed to work with a heat pump system, do not turn the thermostat down in the evenings. Adjust the temperature a fraction of a degree at a time until a comfortable, permanent setting is found. Register Adjustment Registers will require adjustment from time to time to maximize your family's comfort. Do not completely close off more than one supply register at a time. This can restrict the airflow too much and reduce the efficiency of the system. A good technique is to completely open all the vents, then gradually move the temperature setting up until the coolest room is comfortable. Once the coolest room is comfortable, gradually close the vents in the warmer rooms until all rooms are comfortable as well. Reverse the process for air conditioning.
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Return Air Vents As with any heating system, return air vents must be clear so the air flows through the ducts unimpeded. Avoid placing furniture where it blocks the return air vents. Landed Gentry Limited Warranty Guidelines Refer to the manufacturer's limited warranty for information regarding warranty coverage. Humidifier Homeowner Use and Maintenance Guidelines Operate a humidifier only with the furnace, not with the air conditioner. If you notice condensation on windows, the humidifier should be adjusted to a lower setting. Clean the moisture pad according to the manufacturer's instructions and suggested timetable. Landed Gentry Limited Warranty Guidelines Refer to the manufacturer's limited warranty for information regarding coverage of the humidifier. Insulation Homeowner Use and Maintenance Guidelines The effectiveness of blown insulation is diminished if it is uneven. As the last step in any work done in your attic (for example, the installation of speaker wire), confirm that the insulation is smooth and even. Do not step on drywall ceilings, because this can result in personal injury or damage to the drywall. Note: Electrical outlets normally emit noticeable amounts of cold air when outside temperatures are low. Landed Gentry Limited Warranty Guidelines Landed Gentry will install insulation to meet or exceed the building codes applicable at the time of construction and outlined as part of your Purchase & Sale Agreement. Landscaping Homeowner Use and Maintenance Guidelines The level of landscaping included with each home varies by neighborhood. Many of the homes Landed Gentry builds come with complete landscaping others do not. Providing complete details on landscape design is beyond the scope of this manual. Many excellent books, videos, and computer software programs are available that offer your this information. Local nurseries and landscape professionals can also assist you. In planning your landscaping, think of proportion, texture, color, mature size, maintenance needs, soft and hard surfaces, lighting, fencing, edging, and water requirements. A beautiful yard requires considerable planning and regular attention. Most homeowners take years to achieve the yard they want. Planning to install items in stages can spread the cost and work over several seasons. Whatever the source of your design, plan to install the basic components of your landscaping as soon after closing as weather permits. In addition to meeting your homeowner association requirements to landscape in a timely manner, well-designed landscaping prevents erosion and protects the foundation of your home. Additions Before installing patio additions or other permanent improvements, consider soil conditions in the design and engineering of your addition. Also, check with the Architectural Control Committee of your Association (if applicable) for design guidelines. Backfill We construct the foundation of your home beginning with an excavation into the earth. When the foundation walls are complete, the area surrounding them is backfilled. Soil in this area is not as compact as undisturbed ground. Water can penetrate through the backfill area to the lower areas of your foundation. This can cause potentially severe problems such as wet basements, cracks in foundation walls, and floor slab movement. Avoid this through proper installation of landscaping and good maintenance of drainage. Backfill areas will settle and require prompt attention to avoid damage to your home and voiding of the See also structural warranty. Keep downspout extensions in the down position to channel roof runoff away from the Grading & Drainage foundation area of your home. Routine inspection of downspouts, backfill areas, and other drainage components is an excellent maintenance habit. Bark or Rock Beds Do not allow edging around decorative rock or bark beds to dam the free flow of water away from the home. You can use a non- woven landscape fabric between the soil and rock or bark to restrict weed growth while still permitting normal evaporation of ground moisture. Erosion
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Until your yard is established and stable, erosion will be a potential concern. Heavy rain or roof runoff can erode soil. The sooner you restore the grade to its original condition, the less damage will occur. Erosion is of special concern in drainage swales. If swales become filled with soil runoff, they may not drain the rest of the yard, causing further problems. Correcting erosion is your responsibility. You may need to protect newly planted seed with erosion matting or reseed to establish grass in swales. It can take several years to fully establish your lawn in such challenging areas. Hired Contractors You are responsible for changes to the drainage pattern made by any landscape, concrete, deck, or pool contractor. Discuss drainage with any company you hire to do an installation in your yard. Do not permit them to tie into existing drainage pipes without approval from Landed Gentry. Natural Areas During construction, we remove construction debris from natural areas. Removing dead wood, tree limbs, fallen See also trees, or other natural items is your responsibility. Property Lines Planning Locate plants and irrigation heads out of the way of pedestrian or bicycle traffic and car bumpers. Space groves of trees or single trees to allow for efficient mowing and growth. Group plants with similar water, sun, and space requirements together. Plant Selection Plant with regard to your local climate. Favor native over exotic species. Consider ultimate size, shape, and growth of the species. Requirements Check with your local building department and homeowners association before designing, installing, or changing landscaping for any regulations that they require you to follow. Seeded Lawns If lawn seeding is part of your home purchase, consider this just the first step in establishing your yard. Remember that the forces of nature are far stronger than grass seed. You will need to over-seed at some point, perhaps more than once. Heavy storms can cause washouts and erosion that you will need to correct. It generally takes at least three growing seasons to establish a good lawn, longer if weather conditions are difficult or if you do not have the time to devote to lawn care. Before over-seeding, remember to fill any depressions with a light layer of topsoil. Minimize traffic on newly seeded areas and avoid weed killer for at least 120 days. Keep the seed moist, not wet. Sod Newly placed sod requires extra water for several weeks. Water in the cool part of the day (ideally just before sunrise) at regular intervals for the first three weeks. Be aware that new sod and the extra watering it requires can sometimes create drainage concerns (in your yard or your neighbor's) until the yard is established and requires normal watering. Soil Mix Provide good soil mixes with sufficient organic material. Use mulch at least 3 inches deep to hold soil moisture and to help prevent weeds and soil compaction. In areas with high clay content, prepare the soil before installing your grass. First cover the soil with 2 inches of sand and 1 inch of treated, odorless manure. Rototill this into the soil to a depth of 6 inches (rototill parallel to the swales). Whether you use seed or sod, this preparation helps your lawn to retain moisture and require less water. Installing a lawn over hard soil permits water to run off with little or no penetration and your lawn will derive minimal benefit from watering or rain. Apply appropriate fertilizer and weed and pest controls as needed for optimal growth. Investigate organic compounds for additional protection of the environment. Sprinkler System If Landed Gentry included a sprinkler system with your home, we will arrange to have the installer demonstrate the system and make final adjustments shortly after you move in. The installer will note and correct any deficiencies in the system at the same time. Whether we install your sprinkler or you install it yourself, keep these points in mind. You, or your Owners Association (depending on the neighborhood), are responsible for routine cleaning and adjusting of sprinkler heads as well as shutting the system down in the fall. Failure to properly drain the system and blow out the lines before freezing temperatures occur can result in broken lines, which will be your responsibility to repair. Conduct weekly operational checks to ensure proper performance of the system. Direct sprinkler heads away from the home. Trickler- or bubbler-type irrigation systems are not recommended for use adjacent to your home. Automatic timers permit you to water at optimum times whether you are at home, away, awake, or asleep. The amount of water provided to each zone can be accurately and consistently controlled and easily adjusted with a timed system. Check the system after a power outage and keep a battery in place if your system offers that as a backup.
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Stones The soil in your area may contain rocks. Removing these naturally occurring elements is a regular maintenance activity. If Landed Gentry installs seed or sod, rocks will be removed and surface raking performed. You will need to provide continued attention to this condition as part of your yard care. Trees Landed Gentry values trees as one of the features that make up an attractive community and add value to the homes we build. We take steps to preserve existing trees in the area of your home. In spite of our efforts, trees located on construction sites can suffer damage from construction activities, which can manifest months after work completion. Damage to existing trees can be caused by such things as compaction of soil in the root zone, changing patterns of water flow on the lot, disturbing the root system, and removing other trees to make room for the home. The newly exposed tree may react to conditions it is unaccustomed to. Caring for existing trees, including pruning dead branches or removing these trees altogether is your responsibility. Remember to water trees during the summer or during warm dry periods in the winter. Mulch around trees and avoid tilling or planting flower beds around trees. This is especially important while trees are recovering from the construction process. Trees and other plants that exist on the lot when construction begins and are not part of any landscaping installed by Landed Gentry are excluded from warranty coverage. Utility Lines Slight depressions may develop in the lawn along the line of a utility trench. To correct this, roll back the sod, spread topsoil underneath to level the area, and relay the sod. Before any significant digging, check the location of See also buried service leads by calling the local utility locating service. In most cases, wires and pipes run in a straight line Easements from the main service to the pubic supply. Waiting to Landscape If you leave ground un-landscaped, it erodes. Correcting erosion that occurs after closing is your responsibility. Many neighborhoods have requirements within their CC&Rs related to a time period after closing that landscaping must be installed. Weeds Weeds will appear in your new lawn whether seed or sod is used. Left un-landscaped, your yard will quickly begin to show weeds. When soil is disturbed, dormant seeds come to the surface and germinate. The best control is a healthy lawn, achieved through regular care and attention. Landed Gentry Limited Warranty Guidelines Landscape materials we install are warranted for one growing season. We will confirm the healthy condition of all plant materials during the orientation. Maintaining landscaping is your responsibility. Mildew Homeowner Use and Maintenance Guidelines Mildew is a fungus that spreads through the air in microscopic spores. They love moisture and feed on surfaces or dirt. On siding, they look like a layer of dirt. To determine whether you are dealing with mildew or dirt, wipe the surface with a cloth or sponge dampened with bleach. If the bleach causes the surface to lose its dark appearance, you are most likely seeing mildew. Cleaning mildew from your home is your responsibility. Solutions that remove mildew are available from local paint or home improvement stores. Wear protective eyewear and rubber gloves for this task; the chemicals that remove mildew are unfriendly to humans. Landed Gentry Limited Warranty Guidelines We will remove any mildew noted during the orientation. Landed Gentry warranty excludes mildew. Mirrors Homeowner Use and Maintenance Guidelines To clean your mirrors, use any reliable liquid glass cleaner or polisher available at most hardware or grocery stores. Avoid acidic cleaners and splashing water under the mirror; either can cause the silvering to deteriorate. Acidic cleaners are usually those that contain ammonia or vinegar. Avoid getting glass cleaners on plumbing fixtures as some formulas can deteriorate the finish. Landed Gentry Limited Warranty Guidelines We will confirm that all mirrors are in acceptable condition during the orientation. Landed Gentry will correct scratches, chips, or other damage to mirrors noted during the orientation. Paint and Stain Homeowner Use and Maintenance Guidelines
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Recent changes in the formula for paint (such as the elimination of lead), mean that painted surfaces must be washed gently using mild soap and as little water as possible. Avoid abrasive cleaners, scouring pads or scrub brushes. Flat paints show washing marks more easily than gloss paints do. Touching up rather than washing the paint often yields better results. Colors Your Selections Sheets are your record of the paint and stain color names, numbers, and brands in your home. You will be given small containers of paint and stain samples to match the products and colors used on your home. Exterior Regular attention will preserve the beauty and value of your home. Check the painted and stained surfaces of your home's exterior annually. Repaint before much chipping or wearing away of the original finish occurs; this will save the cost of extensive surface preparation. Plan on refinishing the exterior surface of your home approximately every three to seven years or as often as your paint manufacturer suggests for your area and climate. Climatic conditions control the chemical structure of the paint used. Over time, the finish will fade and dull a bit. Depending on the exposure to weather of each surface, the paint on some parts of your home may show signs of deterioration sooner than others. When you repaint the exterior of your home, begin by resetting popped nails and removing blistered or peeling portions of paint with a wire brush or putty knife. Sand, spot with primer, and then paint the entire area. Use a quality exterior paint formulated for local climate conditions. Avoid allowing sprinklers spray water on the exterior walls of your home. This will cause blistering, peeling, splintering, and other damage to the home. Severe Weather Hail and wind can cause a great deal of damage in a severe storm, so inspect the house after such weather. Promptly report damage caused by severe weather to your insurance company. Stain For minor interior stain touch-ups, a furniture-polish-and-stain treatment is inexpensive, easy to use, and will blend in with the wood grain. Follow directions on the bottle. Touch-Up When doing paint touch-ups, use a small brush, applying paint only to the damaged spot. Touch-ups may not match the surrounding area exactly, even if the same paint mix is used. When it is time to repaint a room, prepare the wall surfaces first by cleaning with a mild soap and water mixture or appropriate cleaning product. We provide samples of each paint used on your home. Store these with the lids tightly in place and in a location where they are not subjected to extreme temperatures. Wall Cracks We suggest you wait until after the first heating season to repair drywall cracks or other separations due to shrinkage. Landed Gentry Limited Warranty Guidelines During your orientation we will confirm that all painted or stained surfaces are in acceptable condition. Landed Gentry will See also touch up paint as indicated on the orientation list. You are responsible for all subsequent touch-up, except painting we Drywall perform as part of another warranty repair. Cracking As it ages, exterior wood trim will develop minor cracks and raised grain. Much of this will occur during the first year. Raised grain permits moisture to get under the paint and can result in peeling. This is not a defect in materials or workmanship. Paint maintenance of wood trim and gutters is your responsibility. Fading Expect fading of paint or stain caused by the effects of sun and weather. Landed Gentry limited warranty excludes fading. Touch-Up Visible Paint touch-up is visible under certain lighting conditions. Wood Grain Due to wood’s characteristics, color variations will result when stain is applied. This is natural and requires no repair. Water-base paints often make wood grain visible on painted trim. Landed Gentry does not provide corrections for this condition. Pests and Wildlife Homeowner Use and Maintenance Guidelines Insects such as ants, spiders, wasps, and bees, and animal life such as woodpeckers, squirrels, mice, and snakes, may fail to recognize that your home belongs to you. Addressing concerns involving these pests and wildlife goes with being a homeowner. Informational resources include, among others, the state wildlife service, animal control authorities, the county extension service, pest control professionals, Internet, and public library.
51 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Phone Jacks Homeowner Use and Maintenance Guidelines Your home is equipped with telephone jacks in predetermined locations. Initiating phone service, additions to phone service, and moving phone outlets for decorating purposes or convenience are your responsibility. Landed Gentry Limited Warranty Guidelines Landed Gentry will repair wiring that does not perform as intended from the phone service box into the home. From the service box outward, care of the wiring is the responsibility of the communications provider. Plumbing Homeowner Use and Maintenance Guidelines Your plumbing system has many parts, most of which require little maintenance. Proper cleaning, occasional minor attention, and preventive care will assure many years of good service from this system. Aerators Even though your plumbing lines have been flushed to remove dirt and foreign matter, small amounts of minerals may enter the line. Aerators on the faucets strain much of this from your water. Minerals caught in these aerators may cause the faucets to drip because washers wear more rapidly when they come in contact with foreign matter. Basement Construction If you perform any construction in your basement, ensure that the plumbing lines in the basement or crawl space are not isolated from the heating source without insulation being added. Cleaning Follow manufacturer's directions for cleaning fixtures. Avoid abrasive cleansers as they remove the shiny finish and leave behind a porous surface that is difficult to keep clean. Clean plumbing fixtures with a soft sponge and soapy water (a nonabrasive cleaner or a liquid detergent is usually recommended by manufacturers). Then polish the fixtures with a dry cloth to prevent water spots. Care for brass fixtures with a good-quality brass cleaner, available at most hardware stores. Note: Using chlorine tablets in your toilet tank can damage the components over time and negates your warranty. Clogs The main causes of toilet clogs are domestic items such as disposable diapers, excessive amounts of toilet paper, sanitary supplies, Q-tips, dental floss, and children's toys. Improper garbage disposal use also causes many plumbing clogs. Always use plenty of cold water when running the disposal. This recommendation also applies to grease; supplied with a steady flow of cold water, the grease congeals and is cut up by the blades. If you use hot water, the grease remains a liquid, then cools and solidifies in the sewer line. Allow the water to run 10 to 15 seconds after shutting off the disposal. You can usually clear clogged traps with a plumber's helper (plunger). If you use chemical agents, follow directions carefully to avoid personal injury or damage to the fixtures. Clean a plunger drain stopper – usually found in bathroom sinks – by loosening the nut under the sink at the back, pulling out the rod attached to the plunger, and lifting the stopper. Clean and return the mechanism to its original position. Dripping Faucet You can repair a dripping faucet by shutting off the water at the valve directly under the sink, then removing the faucet stem, changing the washer, and reinstalling the faucet stem. The shower head is repaired the same way. Replace the washer with another of the same type and size. You can minimize the frequency of this repair by remembering not to turn faucets off with excessive force. (Note that some manufacturers do not use rubber washers.) Extended Absence See also If you plan to be away for an extended period, you should drain your water supply lines. To do this, shut off the Extended Absence Checklist main supply line and open the faucets to relieve pressure in the lines. You may also wish to shut off the water heater. Do this by turning off the cold water supply valve on top and the gas control at the bottom. Drain the tank by running a hose from the spigot on the bottom to the basement floor drain. If you leave the tank full, keep the pilot on and set the temperature to its lowest or "vacation" setting. Check the manufacturer's directions for additional instructions. Fiberglass Fixtures To clean, use a nonabrasive bathroom cleanser and sponge or nylon cleaning pad. Avoid steel wool, scrapers, and scouring pads. Auto wax can provide a shine and restore an attractive appearance.
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Freezing Pipes Provided the home is heated at a normal level, Troubleshooting Tips: Plumbing pipes should not freeze at temperatures above 0 deg. Fahrenheit. Set the heat at a minimum of 55 No Water Anywhere in the Home Before calling for service, check to confirm that the: deg. F if you are away during winter months. Keep Main shut off on the meter inside your home is open. garage doors closed to protect plumbing lines Main shut off at the street is open. running through this area from freezing Individual shut-offs for each water-using item are open. temperatures. In unusually frigid weather, or if you No Hot Water will be gone more than a day or two, open cabinet See Water Heater doors to allow warm air to circulate around pipes. Leak Involving One Sink, Tub, or Toilet Use a hair dryer to thaw frozen pipes – never use an Check caulking and grout. open flame. Confirm shower door or tub enclosure was properly closed. Glass Shower Doors Turn water supply off to that item. Use a squeegee to dry glass shower doors after Use other facilities in your home and report problem next business day. each use to prevent stains and spots caused by Leak Involving a Main Line water and soap build-up. Turn water off at the meter in your home. Gold or Brass Finish Call emergency number for service. Avoid using any abrasive cleaners on gold or Back Up at One Toilet antique brass fixtures. Use only mild detergent and If only one toilet is affected, corrections occur during normal business hours. Shut off the water supply to the toilet involved. water or a cleaning product recommended by the Use a plunger to clear the blockage. manufacturer. Use a snake to clear the blockage. Jetted Tubs If you've been in your home fewer than 30 days, contact Landed Gentry or If your home includes a jetted tub follow the plumber listed on your Emergency Phone Numbers sheet. manufacturer directions for its use and care. Never If you've been in your home over 30 days, contact a router service. operate jets unless the water level is at least one Sewer Back Up Affecting Entire Home inch above the jets. Be cautious using the tub if you If you've been in your home fewer than 30 days, contact Landed Gentry or are pregnant, have heart disease or high blood the plumber listed on your Emergency Phone Numbers sheet. pressure; discuss the use of the tub with your If you've been in your home over 30 days, contact a router service. doctor. Tie or pin long hair to keep it from becoming Remove personal belongings to a safe location. If items are soiled, tangled in the jets - a potentially dangerous contact your homeowner insurance company. situation. Even if the troubleshooting tips do not identify a solution, the information you gather will be useful to the service provider you call. Clean and disinfect the system every one to two months, depending on usage. To do this, fill the tub with lukewarm water and add one cup of liquid chlorine bleach. Run the jets for 10 to 15 minutes, drain and fill again. Run for 10 minutes with plain water, drain. Avoid abrasive cleansers. Auto wax will help seal and preserve your tub's surface. Laundry Tub If you have a laundry room tub, the faucet does not have an aerator. This allows the faucet to accept a hose connection. Leaks If a major plumbing leak occurs, the first step is to turn off the supply of water to the area involved. This may mean shutting off the water to the entire home. Then contact the appropriate contractor. Low Flush Toilets We want to point out a water-saving regulation that went into effect in 1993, prohibiting the manufacture of toilets that use more than 1.6 gallons of water per flush. In seeking a balance among comfort, convenience, and use of natural resources, the government conducted several studies. The 1.6-gallon toilet was found to be the size that consistently saves water. As a result of this standard, flushing twice is occasionally necessary to completely empty the toilet bowl. Though you may occasionally flush twice, overall you are saving water and complying with the law. Similarly, flow restrictors are manufactured into most faucets and all shower heads and cannot be removed. We apologize for any inconvenience this may cause. Low Pressure Occasional cleaning of the aerators on your faucets (normally every three to four months) will allow proper flow of water. The water department controls the overall water pressure. Main Shut-Off The water supply to your home can be shut-off entirely in two locations. The first is at the street and the second is at the meter. We will point both of these out during your Final Walkthrough.
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Marble, Manufactured Marble or Solid Surface Marble and manufactured marble will not chip as readily as porcelain enamel but can be damaged by a sharp blow. Abrasive cleansers and razor blades will damage the surface of manufactured marble. Always mix hot and cold water at manufactured marble sinks; hot water alone can damage the sink. Outside Faucets Outside faucets (sillcocks) are freeze-proof, but in order for this feature to be effective, you must remove hoses during cold weather, even if the faucet is located in your garage. If a hose is left attached, the water that remains in the hose can freeze and expand back into the pipe, causing a break in the line. Repair of a broken line that feeds an exterior faucet is a maintenance item. Note that Landed Gentry does not warrant sillcocks against freezing. Porcelain You can damage porcelain enamel with a sharp blow from a heavy object or by scratching. Do not stand in the bathtub wearing shoes unless you have placed a protective layer of newspaper over the bottom of the tub. If you splatter paint onto the porcelain enamel surfaces during redecorating, wipe it up immediately. If a spot dries before you notice it, use a recommended solvent. Avoid using abrasive cleaning products or scouring pads, as these can damage the surface Running Toilet To stop running water, check the shut-off float in the tank. You will most likely find it has lifted too high in the tank, preventing the valve from shutting off completely. In this case, gently bend the float rod down until it stops the water at the correct level. The float should be free and not rub the side of the tank or any other parts. Also check the chain on the flush handle. If it is too tight, it will prevent the rubber stopper at the bottom of the tank from sealing, resulting in running water. Shut-Offs Your main water shut-off is located near your meter. You use this shut-off for major water emergencies such as a water line break or when you install a sprinkler system or build an addition to your home. Each toilet has a shut-off on the water line under the tank. Hot and cold shut-offs for each sink are on the water lines under the sink. Sprinklers See also Routinely inspect sprinkler heads and provide seasonal service to maintain proper functioning. Landscaping / Sprinkler Stainless Steel Clean stainless steel sinks with soap and water to preserve their luster. Avoid using abrasive cleaners or steel wool pads, which will damage the finish. Prevent bleach from coming into prolonged contact with the sink as it can pit the surface. Occasional cleaning with a stainless steel cleaner will enhance the finish. Rub in the direction of the polish or grain lines and dry the sink to prevent water spots. Avoid leaving produce on a stainless steel surface, since prolonged contact with produce can stain the finish. Also avoid using the sink as a cutting board; sharp knives will gouge the finish. Local water conditions also affect the appearance of stainless steel. A white film can develop on the sink if you have over-softened water or water with a high concentration of minerals. In hard water areas, a brown surface stain can form appearing like rust. Tank Care Avoid exposing the toilet to blows from sharp or heavy objects, which can cause chipping or cracking. Avoid abnormal pressures against the sides of the tank. It is possible to crack the tank at the points where it is attached to the bowl. Water Filter or Softener If you install either a water filter or a water softener, carefully read the manufacturer's literature and warranty for your specific model. If your home includes a septic system, prior to installing a water softener, discuss with the vendor whether the system you are considering will adversely affect your septic system. See also: Septic System Landed Gentry Limited Warranty Guidelines During the orientation we will confirm that all plumbing fixtures are in acceptable condition and are functioning properly, and that all faucets and drains operate freely. Clogged Drain Landed Gentry will correct clogged drains that occur during the first 6s after closing. If a household item is removed from a clogged drain during this time, we will bill you for the drain service. After the first 30 days, you are responsible for correcting clogged drains. Cosmetic Damage Landed Gentry will correct any fixture damage noted on the orientation list. Repairing chips, scratches, or other surface damage noted subsequent to the orientation list is your responsibility. Exterior Faucets Landed Gentry will repair leaks at exterior faucets noted on the orientation list. Subsequent to orientation, repair of a broken line to an exterior faucet is your responsibility. Freezing Pipes
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Provided the home is heated at a normal level, pipes should not freeze. Set heat at 55 degrees F if you are away during winter months. Keep garage doors closed to protect plumbing lines. Leaks Landed Gentry will repair leaks in the plumbing system. If a plumbing leak caused by a warranted item results in drywall or floor covering damage, Landed Gentry will repair or replace items that were part of the home as originally purchased. We do not make adjustments for secondary damages (for example, damage to wallpaper, drapes, or personal belongings). Insurance should cover these items. Noise Changes in temperature or the flow of the water itself will cause some noise in the pipes. This is normal and requires no repair. Landed Gentry will repair persistent water hammer. Expect temperatures to vary if water is used in more than one location in the home at the same time. Supply Landed Gentry will correct construction conditions that disrupt the supply of water to your home if they involve service from the main water supply to your home, provided actions of yours have not caused the problem. Disruption of service due to failure of the water department system is the responsibility of the water department to correct. Property Boundaries Homeowner Use and Maintenance Guidelines At closing, in your title report, you will receive a copy of a survey that shows your lot. To construct the home Landed See also Gentry established the property boundaries and corners. Easements During construction, some of the monuments that mark the lot corners may be affected or covered up by grading, excavation, installation of utility lines and other typical construction activities. If you wish to install a fence, swimming pool, add a deck or patio to your home, or otherwise establish a permanent structure, we advise that you have professional surveyors locate and mark property boundaries to be certain they are accurate and you have found all corners. Railings Homeowner Use and Maintenance Guidelines Stained wood or painted aluminum railings in your home require little maintenance beyond occasional dusting or polishing. Protect railings from sharp objects or moisture. Cover them during move-in to prevent dents or scratches. Stained railings will show variation in the way the wood grain took the stain. Some designs show seams where pieces of wood came together to form the railing. Landed Gentry Limited Warranty Guidelines During the orientation we will confirm that all railings are in good condition. Landed Gentry installs railings in positions and locations to comply with applicable building codes. Railings should remain securely attached with normal use. Resilient Flooring Homeowner Use and Maintenance Guidelines Although resilient floors are designed for minimum care, they do have maintenance needs. Follow any manufacturer's recommendations for care and cleaning. Some resilient floors require regular application of a good floor finish. This assures you of retaining a high gloss. However, avoid using cleaning or finishing agents on the new floor until the adhesive has thoroughly set. This will take about two weeks. Color and Pattern Your Selections Sheets provide a record of the brand, style, and color of floor coverings in your home. Please retain this information for future reference. Limit Water Wipe up spills and vacuum crumbs instead of washing resilient floors frequently with water. Limit mopping or washing with water; excessive amounts of water on resilient floors can penetrate seams and get under edges, causing the material to lift and curl. Moving Furniture Moving appliances across resilient floor covering can result in tears and wrinkles. Install coasters on furniture legs to prevent damage. If you damage the resilient floor, you can have it successfully patched by professionals. If any scraps remain following installation of your floor covering, we leave them for you in the hope that having the matching dye lot will make such repairs less apparent. No-Wax Flooring
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The resilient flooring installed in your home is the no-wax type. No-wax means a clear, tough coating that provides both a shiny appearance and a durable surface. However, even this surface will scuff or mark. Follow the manufacturer's recommendations for maintaining the finish. Raised Nail Heads Raised nail heads are the result of movements of the floor joist caused by natural shrinkage and deflection. We have used special nails and glued the underlayment to help minimize this movement. If a nail head becomes visible through resilient flooring, place a block of wood over it and hit the block with a hammer to reset the nail. Scrubbing and Buffing Frequent scrubbing or electric buffing is harder on floors than regular foot traffic. Use acrylic finishes if you scrub or buff. Seams Any brand or type of resilient flooring may separate slightly due to shrinkage. Seams can lift or curl if excessive moisture is allowed to penetrate. Special caulking can be used at tub or floor joints to seal seams at those locations. Avoid getting large amounts of water on the floor from baths and showers. Landed Gentry Limited Warranty Guidelines We will confirm that resilient floor covering is in acceptable condition during your orientation. Landed Gentry limited warranty does not cover damage to resilient floors caused by moving furniture or appliances into the home. We can assist you in contacting professionals who can repair such damage if it occurs in your home. Landed Gentry is not responsible for discontinued selections. Adhesion Resilient floor covering should adhere. Landed Gentry will repair lifting or bubbling and nail pops that appear on the surface. Ridges Landed Gentry has sanded and filled the joints of underlayment to minimize the possibility of ridges showing through resilient floor coverings. Ridging is measured by centering a 6-inch straight edge perpendicular to the ridge with one end tight to the floor. If the opposite end of the straight edge is 1/8 inch or more from the floor, Landed Gentry will repair this condition. Seams Seams will occur and are sealed at the time of installation. Landed Gentry will correct gaps in excess of 1/16 inch where resilient flooring pieces meet or ⅛ inch where resilient flooring meets another material. Landed Gentry will correct curling at seams unless caused by excessive water. Roof Homeowner Use and Maintenance Guidelines The shingles on your roof do not require any treatment or sealer. The less activity your roof experiences, the less likely it is that problems will occur. Refer to Roofing Products Limited Shingle Warranty. Clean Gutters Maintain the gutters and downspouts so that they are free of debris and able to quickly drain precipitation from the roof. Ice Dam On occasion, depending on conditions and exposure, rising heat from inside the home melts snow on the roof. When the water runs down and reaches the cold eaves, it may freeze. An accumulation of this type of ice dams subsequent runoff and water begins to back up, sometimes working its way up and under shingles, into the home through windows or ceilings. If your home design or orientation makes it vulnerable to this occurrence, you may want to install an electric gutter heater strip in susceptible areas. Be aware that manually removing ice from the roof can damage electric heater strips. Leaks If a leak occurs, try to detect the exact location. This will greatly simplify finding the area that requires repair when the roof is dry. Limit Walking Limit walking on your roof. Your weight and movement can loosen roofing material resulting in leaks. Never walk on the roof of your home when the shingles are wet – they are slippery. Severe Weather After severe storms, do a visual inspection of the roof for damages. Notify your insurance company if you find pieces of shingle in the yard or shingle edges lifted on the roof.
56 Rev. 3.13.18 Landed Gentry Homes and Communities Homeowner Manual Landed Gentry Limited Warranty Guidelines Troubleshooting Tips: Roof Leak Landed Gentry will repair roof leaks other than those caused by weather such as hail damage, or action you have taken, such as walking on the Keep in mind that roof leaks cannot be repaired while the roof. Roof repairs are made only when the roof is dry. roof is wet. However, you can get on the schedule to be in line when conditions dry out, so do call in your roof leak. Ice Dam Confirm the source of the water is the roof rather than An ice build-up (ice dam) may develop in the eaves during extended from: periods of cold and snow. Your homeowner insurance may cover this Plumbing leak damage, which is excluded from warranty. Open window on a higher floor Severe Weather Ice dam Storm damage is excluded from warranty coverage. Notify your Clogged gutter or downspout homeowner insurance company if storm damage is discovered. Blowing rain or snow coming in through code required roof vents Gap in caulking Rough Carpentry Where practical, place a container under dripping water. If a ceiling is involved, use a screwdriver to poke a small Landed Gentry Limited Warranty Guidelines hole in the drywall to release the water. Some floor and stair squeaks are unavoidable. Although Landed Gentry Even if the troubleshooting tips do not identify a solution, does not warrant against floor squeaks, a reasonable effort will be made to the information you gather will be useful to the service correct them. provider you call. Floor Deflection Remove personal belongings to prevent damage to Floors will deflect (bend) when walked on. This will be more noticeable them. If damage occurs, contact your homeowner insurance company to submit a claim. next to hutches, bookcases, pianos, chairs, and other heavy furniture. Report the leak to Landed Gentry during first available This is not a structural deficiency and Landed Gentry will take no action business hours. for this occurrence. Floor Level Floors will be level to within ¼ inch within any 32-inch distance as measured perpendicular to any ridge or indentation. Landed Gentry will correct floor slope that exceeds 1/240 of the room. Plumb Walls Landed Gentry will correct walls that are out of plumb more than ½ inch in an 8-foot distance or walls that are bowed more than ¼ inch in any 32-inch measurement. Septic System Homeowner Use and Maintenance Guidelines Most of Landed Gentry’s homes are served by sanitary sewer service provided by a municipality or other entity. If your home is in a rural area or an area not served by sewer service, you will have a septic system. Septic systems consist of two basic parts: a septic tank and an underground disposal field. Bacteria break down solids forming a sludge which is moved by incoming water out to the disposal field where it is filtered into the soil. To preserve the effectiveness of the system, keep these points in mind: Avoid disposing of chemicals such as solvents, oils, points, and so on, through the septic system Avoid using commercial drain cleaners. They can kill the bacteria that are working to break down the solid waste matter. Food from a disposal decomposes more slowly and adds to the solids in the tank. Coffee grounds may clog the system. Avoid disposing of paper product (diapers, sanitary supplies, paper towels, etc.) other than toilet paper through the system. Do not rely on yeast or chemical additive to digest sludge. They are not an alternative to regular pumping and may actually harm the system. Drain surface water away from the disposal field. Eliminate unnecessary sources of water in the area of the disposal field. Plant only sod over the disposal field. Avoid fertilizers in this area. Conserve indoor water use to put less strain on the system. Correct leaky faucets or running toilets promptly. Keep in mind that a water softener will generate 30 to 85 gallons of water every regeneration cycle. Do not drive on the disposal field or build over it. Pumping the System Over time, the matter not broken down by the bacteria can clog the system. This will happen in spite of careful use and good maintenance. To prevent serious problems, regular pumping to clean out the tank is essential – usually every 1 to 2 years, more often if usage is heavy. System Failure If you believe your system requires attention, call a professional to assess the situation. Have the system pumped. If a new system is required, a permit must be obtained from the county or municipality where your home is located. Signs that your septic system is failing include: Black water with a foul odor backing up in drains or toilets.
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Toilets flush slowly. Water ponds on top of the disposal field. Grass stays green over the disposal field even in dry weather. Water Softener Prior to installing a water softener, discuss with the vendor whether the system you are considering will adversely affect your septic system. Landed Gentry Limited Warranty Guidelines During the orientation we confirm that the septic system is working properly and that you are familiar with the location of the tank and disposal field. While we install the system in accordance with codes and plans based on your soil conditions, we do not warrant that the septic system will function indefinitely. Weather, ground water, environmental conditions, topography, as well as your family's habits can all generate unpredictable effects. Shower Doors or Tub Enclosures Homeowner Use and Maintenance Guidelines Shower doors and tub enclosures require minimal care. Using a squeegee to remove water after a bath or shower will keep mineral residue and soap film to a minimum. A coating of wax can also help prevent build-up of minerals and soap. Use cleaning products suggested by the manufacturer to avoid any damage to the trim and hardware. Avoid hanging wet towels on corners of doors; the weight can pull the door out of alignment and cause it to leak. Check and touch-up caulking on an as needed basis. Landed Gentry Limited Warranty Guidelines During your orientation we will confirm the good condition of all shower doors and tub enclosures. Landed Gentry warrants that shower doors and tub enclosures will function according to manufacturer specifications. Siding Homeowner Use and Maintenance Guidelines See also Siding expands and contracts in response to changes in humidity and temperature. Slight waves are visible in siding Paint and under moist weather conditions; shrinkage and separations will be more noticeable under dry conditions. These Wood Trim behaviors cannot be entirely eliminated. Wood and Wood Products Wood or wood-product siding will require routine refinishing. The timing will vary with climatic conditions. Maintain caulking to minimize moisture entry into the siding. Note that some paint colors will require more maintenance than others and some sides of the home may show signs of wear sooner based on their exposure to the elements. Some wood siding, such as cedar, is subject to more shrinking and cracking as the wood dries over time, and will require more maintenance attention. Vinyl Vinyl siding will occasionally require cleaning. Start at the top to avoid streaking and use a cleaning product recommended by your siding manufacturer. Follow directions carefully. Cement Based Products Cement based siding will require repainting and caulking just as wood products do. Landed Gentry Limited Warranty Guidelines Landed Gentry warrants all siding to be appropriate in material and workmanship. We will confirm the good condition of the siding during your orientation. Subsequent damage to the siding will be your responsibility to repair. Landed Gentry will caulk and apply touch-up paint to cracks that exceed 3/16 inch. We provide this repair at year end. Paint or stain touch-up will not match the original. We will correct any separation at joints or where siding meets another material if the separation allows water to enter the home. Landed Gentry will correct delaminating siding. Smoke Detectors Homeowner Use and Maintenance Guidelines Read the manufacturer's manual for detailed information on the care of your smoke detectors. Battery A chirping sound from a smoke detector indicates that the battery needs to be replaced. Follow manufacturer instructions for installing a new battery. Most smoke detectors use a 9 volt battery. Cleaning For your safety, clean each smoke detector monthly to prevent a false alarm or lack of response in a fire. After cleaning, push the test button to confirm the alarm is working.
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Locations Smoke detectors are installed in accordance with building codes, which dictate locations. Landed Gentry cannot omit any smoke detector and you should not remove or disable any smoke detector. Landed Gentry Limited Warranty Guidelines Landed Gentry does not represent that the smoke detectors will provide the protection for which they are installed or intended. We will test smoke detectors during the orientation to confirm that they are working and to familiarize you with the alarm. You are responsible for obtaining fire insurance. Stairs Homeowner Use and Maintenance Guidelines No known method of installation prevents all vibration or squeaks in a staircase. A shrinkage crack will develop where the stairs meet the wall. When this occurs, apply a thin bead of latex caulk and, when dry, touch up with paint. Landed Gentry Limited Warranty Guidelines Although Landed Gentry does not warrant against stair vibration or squeaks, a reasonable effort will be made to correct them. Sump Pump Homeowner Use and Maintenance Guidelines If conditions on your lot made it appropriate, the foundation design includes a perimeter drain and sump pump. The perimeter drain runs around the foundation to gather water and channel it to the sump pit, or crock. When the water reaches a certain level, the pump comes on and pumps the water out. Read and follow the manufacturer's directions for use and care of your pump. Continuous Operation The pump may run often or even continuously during heavy storms or long periods of rain. This is normal under such conditions. Discharge Know where the discharge for your sump pump system is and keep the end of the drain clear of debris so that water can flow out easily. Power Supply The sump pump runs on electricity. If power goes off, the pump cannot operate. Storm water (not sewage) could then enter your basement. You may wish to install a back-up system to guard against this possibility. Homeowner insurance does not usually cover damage to your property from this source; you may want to obtain a rider to cover this. Roof Water Ensure that roof water drains quickly away from the home to avoid circulating it through your sump pump. Keep downspout extensions or splash blocks in place to channel water away from your home. Trees and Shrubs Avoid planting trees or shrubs with aggressive root growth patterns near your home’s foundation. The roots can make their way into the perimeter drain and eventually clog the system. Routine Check Periodically check to confirm the pump is plugged in, the circuit breaker is on and that the pump operates. To check the operation of your sump pump, pour five gallons of water into the sump pump crock (hole). The pump should come on and pump the water out. Follow this procedure once a year. Landed Gentry Limited Warranty Guidelines During your orientation we will discuss the sump pump and confirm it is operational. The pump is classified as an appliance and is warranted by the manufacturer. Ventilation Homeowner Use and Maintenance Guidelines Homes today are built more tightly than ever. This saves energy dollars but creates a potential concern. Condensation, cooking odors, indoor pollutants, and carbon monoxide may all accumulate. We provide mechanical and passive methods for ventilating homes. Your attention to ventilation is important to health and safety. Building codes require attic and crawl space vents to minimize accumulation of moisture. Attic Vents Attic ventilation occurs through vents in the soffit (the underside of the overhangs) or on gable ends. Driving rain or snow sometimes enters the attic through these vents. Do not cover them to prevent this. Instead, cover the insulation in front of the vent. When you do this, precipitation that blows in safely evaporates and ventilation can still occur.
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Crawl Space Vents Homes with crawl spaces usually include two or more vents. Make sure these vents remain open and that debris other items do not block their operation. Daily Habits Your daily habits can help keep your home well ventilated: Do not cover or interfere in any way with the fresh air supply to your furnace. Develop the habit of running the hood fan when you are cooking. Ditto the bath fans when bathrooms are in use. Air your house by opening windows for a time when weather permits. Proper ventilation will prevent excessive moisture from forming on the inside of the windows. This helps reduce cleaning chores considerably. Landed Gentry Limited Warranty Guidelines Landed Gentry warranty guidelines for active components (for example, exhaust fans) are discussed under the appropriate headings (such as electrical systems, heating system, and so on). Water Heater: Electric See also Homeowner Use and Maintenance Guidelines Plumbing Carefully read the manufacturer's literature and warranty for your specific model of water heater. Troubleshooting Tips – No Hot Water Drain Tank Before calling for service, check to confirm that: Review and follow the manufacturer's timetable and instructions for draining Water heater breaker on your main electric several gallons of water from the bottom of the water heater. This reduces build-up panel is in the on position. (Remember if a of chemical deposits from the water, thereby prolonging the life of the tank as well breaker trips you must turn it from the tripped as saving energy dollars. Also drain the tank if it is being shut down during periods position to the off position before you can turn of freezing temperatures. Carefully follow the instructions in the manufacturer's it back on.) Temperature setting is not too low or set on literature. “vacation.” Element Cleaning or Replacement Water supply valve is open. The heating elements in the water heater will require periodic cleaning. The Refer to the manufacturer's literature for specific frequency is determined in part by the quality of the water in your area. Again, locations of these items and possibly other refer to the manufacturer’s literature for step-by-step instructions and drawings, or troubleshooting tips. contact an authorized service company. Even if the trouble shooting tips do not identify a solution, the information you gather will be useful to Pressure Relief Valve the service provider you call. At least once each year, manually operate the pressure relief valve. Stay clear of the discharge line to avoid injury. See manufacturer's literature for diagrams and detailed instructions. Safety Keep the area around a water heater clear of stored household items. Never use the top of the water heater as a storage shelf. Temperature Temperature settings on an electric water heater will produce approximately the temperatures listed below: Hot 120 degrees F A 130 degrees F B 140 degrees F C 150 degrees F Very Hot 160 degrees F The recommended setting for operation of a dishwasher is B, or 140 degrees. Higher settings can waste energy dollars and increase the danger of injury from scalding. Note: Hot water will take longer to arrive at sinks, tubs, and showers that are farther from the water heater. Landed Gentry Limited Warranty Guidelines Refer to the manufacturer's limited warranty for complete information regarding warranty coverage on your water heater. Water Heater: Gas Homeowner Use and Maintenance Guidelines See also Carefully read and follow the manufacturer's literature for your specific model of water heater. Plumbing Condensation
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Condensation inside your new water heater may drip onto the burner flame. This causes no harm and in most cases will disappear in a short period of time. Drain Tank Review and follow the manufacturer's timetable and instructions for draining several gallons of water from the bottom of the water heater. This reduces the build-up of chemical deposits from the water, prolonging the life of the tank and lowering energy costs. Pilot Never light a gas pilot when the water heater tank is empty. Always turn off the Troubleshooting Tips – No Hot Water gas before shutting off the cold water supply to the tank. Before calling for service, check to confirm that: Most often there are lighting instructions adjacent to the pilot light. To light the Pilot is lit. (Directions will be found on the water heater pilot: (1) remove the cover panel on the tank to expose the pilot. (2) side of the tank.) Rotate the on-off-pilot knob to the pilot position. When the knob is in this Temperature setting is not too low or set on position, the red button can be depressed. (3) While depressing the red button, “vacation.” hold a match at the pilot. Once the pilot lights, continue to hold the red button Water supply valve is open. down for 30 to 60 seconds. When you release the red button, the pilot should Refer to the manufacturer's literature for specific stay lit. (4) If it does not, wait several minutes to allow the gas to dissipate from locations of these items and possibly other the tank and repeat the entire process. (5) If it stays lit, rotate the on-off pilot troubleshooting tips. knob to the on position. (6) Reinstall the cover panel, then adjust the Even if the trouble shooting tips do not temperature setting with the regulating knob on the front of the tank. identify a solution, the information you gather will be useful to the service provider you call. Note: Water heaters sometimes collect small quantities of dirty water and scale in the main gas lines, which may put out the pilot light. While away from home for an extended period of time, set the temperature to its lowest point and leave the pilot lit. Safety Vacuum the area around a gas-fired water heater to prevent dust from interfering with proper flame combustion. Avoid using the top of a heater as a storage shelf. Temperature The recommended thermostat setting for normal everyday use is “normal.” Higher settings can result in wasted energy dollars and increase the danger of injury from scalding. Hot water will take longer to arrive at sinks, tubs, and showers that are farther from the water heater. Landed Gentry Limited Warranty Guidelines Refer to the manufacturer's limited warranty for information regarding coverage of the water heater. Windows, Screens, French Doors and Sliding Glass Doors Homeowner Use and Maintenance Guidelines Contact a glass company for re-glazing of any windows that break. Window glass is difficult to install without special tools. Acrylic Block Clean during moderate temperatures with only a mild soap and warm water using a sponge or soft cloth and dry with a towel. Avoid abrasive cleaners, commercial glass cleaner, razors, brushes, or scrubbing devices of any kind. Minor scratches can often be minimized using by rubbing a mild automotive polish. Aluminum Clean aluminum metal surfaces with warm, clear water. Do not use powdered cleaner. After each cleaning, apply a silicone lubricant. Clean glass as needed with vinegar and water, a commercial glass cleaner, or the product recommended by the window manufacturer. Condensation Condensation on interior surfaces of the window and frame is the result of high humidity within the home and low outside temperatures. Your family’s lifestyle controls the humidity level within your home. If your home includes a humidifier, closely observe the manufacturer's directions for its use. Screen Storage and Maintenance Many homeowners remove and store screens for the winter to allow more light into the home. To make re-installation more convenient, label each screen as you remove it. Use caution: screens perforate easily and the frames bend if See also Ventilation they are not handled with care. Prior to re-installing the screen, clean them with a hose and gentle spray of water. Sills Window sills in your home are made of wood, wood product, man-made marble, or marble. The most common maintenance activity is dusting. Twice a year, check caulking and touch-up as needed. Wax is not necessary but can be used to make sills gleam. Protect wood and wood product sills from moisture. If you arrange plants on a sill, include a plastic tray under the pot.
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Sliding Glass Doors Sliding glass doors are made with tempered glass which is more difficult to break than ordinary glass. If broken, tempered glass breaks into small circular pieces rather than large splinters which can easily cause injury. Keep sliding door tracks clean for smooth operation and to prevent damage to the door frame. Silicone lubricants work well for these tracks. Acquaint yourself with the operation of sliding door hardware for maximum security. Under certain lighting conditions, door glass may be hard to see. If you keep the screen fully closed when the glass door is open, your family will be accustomed to opening something before going through. You may want to apply a decal to the glass door to make it readily visible. Sticking Windows Most sliding windows (both vertical and horizontal) are designed for a 10-pound pull. If sticking occurs or excessive pressure is required to open or close a window, apply a silicone lubricant. This is available at hardware stores. Avoid petroleum-based products. Tinting Applying tinting of foil lining to dual pane windows can result in broken windows due to heat build-up. Some manufacturers void their warranty on the windows if you apply tinting or foil lining. Contact the manufacturer to check on their current policy before you apply such coatings. Weep Holes In heavy rains, water may collect in the bottom channel of window frames. Weep holes are provided to allow excess water to escape to the outside. Keep the bottom window channels and weep holes free of dirt and debris for proper operation. Landed Gentry Limited Warranty Guidelines We will confirm that all windows, screens, and sliding glass doors are in acceptable condition during the orientation. Landed Gentry will repair or replace broken windows or damaged screens noted on the orientation list. Windows should operate with reasonable ease and locks should perform as designed. If they do not, Landed Gentry will provide adjustments and/or contact the manufacturer for repairs. Condensation Condensation on interior surfaces of the window and frame is the result of high humidity within the home and low outside temperatures. You influence the humidity level within your home; Landed Gentry provides no corrective measure for this condition. Condensation that accumulates between the panes of glass in dual-glazed windows indicates a broken seal. Landed Gentry will replace the window if this occurs during the warranty period. Infiltration Some air and dust will infiltrate around windows, especially before the installation of landscaping in the general area. Landed Gentry warranty excludes this occurrence. Scratches Landed Gentry confirms that all window glass is in acceptable condition at the orientation. Minor scratches on windows can result from delivery, handling, and other construction activities. Landed Gentry will replace windows that have scratches readily visible from a distance of 4 feet. Landed Gentry does not replace windows that have scratches visible only under certain lighting conditions. Tinting If you add tinting to dual-glazed windows, all warranties are voided. Damage can result from condensation or excessive heat build-up between the panes of glass. Refer to the manufacturer’s literature for additional information. Wood Trim Homeowner Use and Maintenance Guidelines Shrinkage of wood trim occurs during the first two years or longer, depending on temperature and humidity. All lumber See also Expansion and is more vulnerable to shrinkage during the heating season. Maintaining a moderate and stable temperature helps to Contraction minimize the effects of shrinkage. Wood will shrink less lengthwise than across the grain. Wood shrinkage can result in separation at joints of trim pieces, which can usually be corrected with caulking and touch-up painting. Shrinkage may also cause a piece of trim to pull away from the wall. If this occurs, drive in another nail close to, but not exactly in, the existing nail hole. Fill the old nail hole with putty and touch up with paint as needed. If the base shoe (small trim between base molding and the floor) appears to be lifting from the floor, this is probably due to slight shrinkage of the floor joists below. Again, you can correct this condition by removing the old nails and re-nailing. You may prefer to wait until after the first heating season to make any needed repairs at one time when redecorating. Landed Gentry Limited Warranty Guidelines
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During the orientation we will confirm that wood trim is in acceptable condition. Minor imperfections in wood materials will be visible and will require no action. Landed Gentry will correct readily noticeable construction damage such as chips and gouges listed during the orientation. Exterior Landed Gentry will caulk and apply touch-up paint to cracks in exterior trim components that exceed 3/16 inch. We provide this repair at year end. Paint or stain touch-up will not match. We will correct any separation at joints that allows water to enter the home. Raised Grain Because of the effects of weather on natural wood, you should expect raised grain to develop. This is normal and not a defect in the wood or paint. Warranty coverage excludes this condition.
What to Expect of Your Hardwood Floor
Customers are sometimes unhappy with their hardwood floors because the floors don't look or perform the way they expected them to. Here are some things you should know about hardwood flooring:
1) WOOD FLOORS WILL DENT: No matter how hard the wood species or what type of finish is applied, wood floors will dent from improperly protected furniture, moving appliances, high heeled shoes and pet toenails. No site or factory applied finish can prevent this. 2) WOOD IS NOT MONOCHROMATIC: Wood varies in color and grain from piece to piece. Your flooring was milled from many different trees and will have natural variations according to the grading rules of the species or grade selected. The installed floor will vary from the sample. 3) WOOD CHANGES COLOR AS IT AGES: Most woods will naturally patina with or without direct sunlight. Direct sunlight may yellow or accelerate the natural process in some species. 4) FURNITURE QUALITY FINISH SHOULD NOT BE EXPECTED: Your floor was made to be walked on. Small finish imperfections, particularly those seen only in reflections or window glare should be expected and should not compromise the beauty of your floor. 5) YOUR FLOOR SHOULD BE INSPECTED FROM A STANDING POSITION: Minor blemishes or imperfections that cannot be seen from a standing position should not be considered as defects or detract from the appearance of the floor. 6) WOOD FLOORS MAY SHOW GAPS BETWEEN THE BOARDS: No matter how well the boards fit when first installed, your floor will continuously absorb and release moisture from changes in your home's humidity and temperature. This process will cause boards to shrink and show gaps during the winter heating season (more so for solid wood flooring, less for engineered floors). Lighter colored woods and stains will show these gaps more readily. 7) MAINTAIN PROPER TEMPERATURE & HUMIDITY LEVELS: Hardwood flooring performs best if temperature and humidity levels in the home do not vary greatly (consult manufacturer’s recommendations). Too much moisture can make flooring "cup", too little may result in gaps or cracks. 8) PROPER CARE & MAINTENANCE IS REQUIRED: To keep your floor looking and performing well you must follow manufacturer or industry guidelines in caring for and cleaning your floor. Do not move heavy appliances (even on rollers) directly on the flooring. Do not wet mop or leave standing water on your floor. Dust, sweep, vacuum and damp mop your floor regularly. Always use approved cleaners. Place area rugs or runners in high traffic locations, and have proper protectors on all furniture. 9) ASK YOUR DEALER: We are here to help and can recommend ways to clean, maintain and protect your hardwood floor.
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4 Forms Appendix
SECTION 4
Appendix:
Forms and Additional Warranty / Maintenance Information Following are the forms mentioned throughout this Homeowner Manual. Feel free to pull them out and make copies for your use.
● Loan Application Checklist ● Down Payment Worksheet ● Monthly Payment Worksheet ● Owner Walkthrough – Final Inspection ● Moving Preparation Checklist ● After Your Move Checklist ● Appliance Service ● Home-Care Supplies ● Maintenance Schedule ● Hardwood Flooring
● Homeowner Comment Form ● Additional Warranty / Maintenance Information (if applicable)
Loan Application Checklist
The amount of documentation and information required for a mortgage can seem overwhelming. You can facilitate the application process by collecting as much of the needed information as you can before your appointment. The checklist that follows is a general guide to assist you with the loan application. Some of the items listed may not apply to you, and your lender will probably request some items that are not included here, but this list will get you off to a good start. Credit Report You will be asked to pay for a credit report and an appraisal upon signing the application.
Property Information The purchase agreement will include the legal description of the property and the price.
Personal Information Social Security number and driver's license for each borrower Home addresses for the last two years Divorce decree and separation agreements, if applicable Trust agreement, if applicable
Income Most recent pay stubs Documentation on any supplemental income such as bonuses or commissions Names, addresses, and phone numbers of all employers for last two years W-2s for last two years If you are self-employed or earn income from commissioned sales, copies of last two years of tax returns with all schedules and year-to-date profit and loss for current year, signed by an accountant Documentation of alimony or child support, if this income is considered for the loan
Real Estate Owned Names, addresses, phone numbers, and account numbers of all mortgage lenders for the last seven years Copies of leases and two years of tax returns for any rental property Market value estimate
Liquid Assets Complete names, addresses, phone numbers, and account numbers for all bank, credit union, 401K, and investment accounts Copies of the last three month's statements for all bank accounts Copies of any notes receivable Value of other assets such as auto, household goods, and collectibles Cash value of life insurance policies Vested interest in retirement funds or IRAs
Liabilities Names, account numbers, balances, and current monthly payments for all revolving charge cards Names, addresses, phone numbers, and account numbers for all installment debt and approximate balances and monthly payments for such items as mortgages, home equity loans, and auto loans Alimony or child support payments Names, addresses, phone numbers, account numbers of accounts recently paid off, if used to establish credit
Rev 041201 04 Loan App Checklist.doc
Down Payment Worksheet
Available Funds Equity in present home $ ______Savings, savings certificates $ ______Investments $ ______Insurance (cash value) $ ______Other funds (such as a cash gift) $ ______
Total available funds $ ______
Minus amount you want to keep in savings $ ______
Adjusted Total Available Funds $ ______
Expected Expenses Settlement costs (estimate 5 percent of loan) $ ______Moving costs $ ______Landscaping $ ______Other expected expenses $ ______
Total Expected Expenses $ ______
Down Payment Adjusted total available funds $ ______Minus total expected expenses $ ______
Amount Available for Down Payment $ ______
Rev 041201 05 Down Pmt Worksheet.doc
Monthly Payment Worksheet
Loan Payment Principal and interest $ ______Property tax $ ______Hazard insurance $ ______
Total Loan Payment $ ______
Homeowner Association Monthly Dues $ ______
Estimated Utilities Electric $ ______Gas $ ______Water $ ______Sewer $ ______Trash collection $ ______Cable TV $ ______Security system monitoring $ ______
Total Estimated Utilities $ ______
Monthly Payment Loan payment $ ______Homeowner association dues $ ______Estimated utilities $ ______
Total Monthly Payment $ ______
Rev 041201 06 Monthly Pmt Worksheet.doc
Owner Walk-Through - Final Inspection
Purchaser Date
Address Phone
Lot Plan Community
Entry / Foyer Comments
Doors
Flooring
Walls / ceiling
Windows
Closet
Lights / outlets
Kitchen Comments
Flooring
Walls / ceiling
Windows
Lights / outlets
Countertops
Cabinets
Appliances
Plumbing
Dining / Nook Comments
Flooring
Walls / ceiling
Windows
Lights / outlets
Initials: Builder______Purchaser______/______
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Living Room Comments
Flooring
Walls / ceiling
Windows
Lights / outlets
Fireplace
Master Bedroom Comments
Flooring
Walls / ceiling
Windows
Lights / outlets
Doors
Closet
Master Bath Comments
Flooring
Walls / ceiling
Windows
Lights / outlets
Doors
Vanity
Mirror
Hardware / fixtures
Tub / shower
Tile
Toilet
Plumbing
Initials: Builder______Purchaser______/______
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Bedroom 2 Comments
Flooring
Walls / ceiling
Windows
Lights / outlets
Doors
Closet
Bedroom 3 / Den Comments
Flooring
Walls / ceiling
Windows
Lights / outlets
Doors
Closet
Bathroom 2 Comments
Flooring
Walls / ceiling
Windows
Lights / outlets
Doors
Vanity / mirror
Hardware / fixtures
Tub / shower
Tile
Toilet
Plumbing
Initials: Builder______Purchaser______/______
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Laundry Room Comments
Flooring
Walls / ceiling
Windows
Lights / outlets
Doors
Sink
House fan
Cabinets
Plumbing
Options / Misc. Comments
Windows / screens
Closets
Garage Comments
Doors
Garage door opener
Slab
Walls / ceiling
Lights / outlets
Power panel
Hot water tank
Furnace
Water shut off
Plumbing
Attic storage
Initials: Builder______Purchaser______/______
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Exterior Comments
Landscape
Walks / drives
Patio / porch
Siding / trim
Windows
Lights / outlets
Hose bib(s)
Doorbell
All plumbing and light fixtures, cabinets, mirrors, appliances, countertops, tile and flooring areas are free of chips, scratches, dents, cracks, and other surface defects. Every attempt will be made to have landscaping in place prior to closing; however, it may take as long as six months to complete, depending on weather, scheduling, and seasonal considerations. Work will be completed as quickly as possible to facilitate occupancy. Builder will attempt to have all items on this list completed within a 30 day period. Some items may be back-ordered from the vendor and could take longer. Purchaser will be informed of any delays. There will be a final acceptance inspection performed to verify that the items have been corrected, that the home meets the Purchaser's expectations, and is accepted. House and mailbox keys will be issued following closing. Warranty information is provided in the Homeowner Manual and in the Public Offering Statement.
1. WALK-THROUGH SIGN-OFF Builder and Purchaser have completed the inspection and are in agreement with the above listed correction items and terms.
Purchaser: Builder:
Date: Date:
2. FINAL SIGN-OFF
I acknowledge that the above Inspection List items have been completed or corrected in a workmanlike manner and to my satisfaction and acceptance. Number of garage door remote controls to be issued:
Purchaser: Date:
Initials: Builder______Purchaser______/______
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Moving Preparation Checklist Compare proposals of professional movers: Costs for services such as packing and unpacking Costs of packing materials and boxes Distance and weight charges Insurance Availability and notice needed Plan a self-move well in advance: Make truck reservations early (6-8 weeks or more) Include a reservation for a dolly and moving pads Reconfirm one week prior Arrange for help from family and friends If you have children, involve them in planning and preparing for the move Create a file for storing documents about your home and manufacturer literature Retain receipts for tax purposes – moving costs may be deductible Send change-of-address cards to magazines and book clubs six weeks prior to your move Give the forwarding order to your old post office one month prior to assure uninterrupted service Register children in their new schools Transfer medical and dental records, if necessary Arrange for homeowner insurance and obtain the certificate you need for closing Order checks with new your address; update financial records Properly dispose of flammable or hazardous materials that should not be moved Packing Materials Boxes of various sizes; cartons for mattresses Packing tape and heavy string Packing paper, newspaper, bubble wrap Labels to identify boxes (include a number, room/name); "Fragile" labels for special items Markers Master packing list (list each box by number with name/room and brief description of contents) Scissors Furniture pads, blankets, rugs Moving Day Necessities Children's toys and games Toilet paper Beverages and snacks Paper towels Soap and hand towels Trash bags First aid kit Prescription medication Medical supplies for special needs Pad and pen Small tools: tape measure, scissors, screwdrivers, hammer Ice maker hook-up kit Dryer vent flex hose New hoses for washing machine Picture hangers Plant hooks Scratch cover Shelf liner / contact paper Phone and phone book Additional Notes: ______ ______ ______
Rev 041201 10 Moving Prep Checklist.doc
After Your Move Checklist
Store your closing documents, warranties and appliance manual is a safe location for easy reference Fill out and mail in all manufacturers’ warranty information cards for all your new appliances Store all touch-up paint and stain in safe location for easy access Purchase extra fire extinguishers as needed Assemble a first-aid kit Locate main water and gas shut-off valves Locate electrical service panel and main shut-off switch Familiarize yourself with the operation of all appliances and equipment Install floor protector pads on the bottom of all furniture legs where needed Review your home maintenance schedule Update your driver's license, car and voter registration Notify the following of your new address: Place(s) of employment Driver license(s) Vehicle Insurance companies Credit card companies Social security Administration Health and benefits plans Investments accounts Magazine subscriptions Professional organizations Family and friends
Rev 041201 11 After Your Move Checklist.doc
Appliance Service
This sheet is for your convenience. For warranty service on an appliance, contact the appropriate manufacturer directly at the service number provided in the appliance literature. You will need to supply the model and serial number (usually located on a small metal plate or seal attached to the appliance in an inconspicuous location), and the date of purchase (your closing date).
Closing Date ______
Appliance Manufacturer Model # Serial # Service Phone # Range
Range Hood
Cooktop
Oven
Microwave
Dishwasher
Disposal
Compacter
Washer
Dryer
Refrigerator
Freezer
Rev 041201 12 Appliance Service.doc
Home-Care Supplies
You will find that caring for your home is much easier if you have necessary tools and supplies on hand. As you review the maintenance information in this manual and in the manufacturer materials, note the materials and tools you will need. Note sizes, colors, brands, sources, and so on to create a convenient inventory that will make shopping for home-care products easier. You may wish to make copies of this form before filling it out.
For Item / Brand Color/ Style / Size Source Notes
Rev 041201 13 Home-Care Supplies.doc
Maintenance Schedule
Begin care of your home with organized records, including information about all of its components and your furnishings. This information will make caring for you home easier, the records may be useful in completing tax returns, and will be valuable when you sell your home. Another worthwhile step is to inventory all equipment, appliances, furnishings, and personal belongings. A photo album containing pictures of each room is an excellent supplemental item. In addition to normal daily and weekly care, develop a schedule of preventative routines based on the information in this manual and the manufacturer literature you receive. A change of season creates special maintenance needs so plan for winterizing and summarizing your home.
Task/Notes Frequency J F M A M J J A S O N D
Rev 041201 14 Maintenance Schedule.doc
CUSTOMER CARE AND INFORMATION GUIDE FOR HARDWOOD FLOORS Congratulations on the purchase of your new Landed Gentry home. Great Floors takes great pride in our quality worksmanship and materials. With proper maintenance and appropriate cleaners, your hardwoood will remain beautiful for many years to come.
Care of Hardwood Floors and grit are ANY floor’s worst enemy – includ- Congratulations on having made hardwood ing carpet and vinyl. floors part of your decorative environment. • Certain chemicals in wood oxidize in strong They are a wonderful investment that will last a light causing the wood to change color, lifetime. Hardwood is a product of nature. There weather age, or develop patina. To avoid are many species of wood available today, each uneven appearance, move area rugs occa- with its own natural characteristics, which add sionally and drape or shade large west-facing to the beauty of the products. A hardwood floor windows. should be expected to show hairline cracks in • Put fabric-faced glides on the legs of furniture. and between boards. There might also be a This allows movement without scuffing. slight variation in the height of the boards in Clean the glides regularly as dirt can become relationship to each other. Natural variations in embedded in them. Some furniture may color and grain are to be expected and are not require barrel-type roller casters as ball-type considered to be a product defect. Some pre- caster may cause damage. Grey, non-mark- finished wood floors are laminated (made up ing rubber casters are the best. Avoid plastic of several layers of hardwood with the top layer casters. being stained and finished). Pre-finished wood • Vacuum regularly (do not use a vacuum with a is sanded and stained at the factory, so when beater bar), as often as you vacuum carpets. installed, there may be a slight variation in the A brush attachment works well. Sweep or use height between boards. A space between each a dust mop daily or as needed, but do not board is intentional (necessary for the expan- use a household dust treatment as this may sion and contraction of wood due to tempera- cause your floor to become dangerously slick ture and moisture changes in the wood). Minor or dull the finish. splintering and chipping is considered normal. • Never damp mop a wax-finished wood floor. Below you will find information intended to There are some finishes that can be damp help you keep your floors as beautiful as the day mopped. In this case, you still need to use they were installed or refinished. Note: Always minimum water as water causes deteriora- follow the manufacturers recommended proce- tion of the wood itself as well as the finish. dures when known. • Wipe up food and other spills immediately us- ing a damp – not wet –cloth. Then wipe the Preventive Maintenance floor dry with a soft, dry cloth. • Oils from asphalt driveways or roads will tend • Waxing is not required for some finishes. Be to leave a stain. Use dirt-trapping, walk-off sure you are aware which type finish was mats at all exterior doors to prevent as much used on your floors before attempting to wax dirt as possible from getting inside. Soft- them. backed throw rugs or small carpet squares • Keep high heels in good repair. High heels can just inside entrances are also helpful. Dirt always dent a hardwood floor CUSTOMER CARE AND INFORMATION GUIDE FOR HARDWOOD PAGE 2
CARE OF STANDARD the maintenance recommended for the type fin- HARDWOOD FLOORS ish used. • Keep grit off the floor. Dust mop regularly and Something else you’ll probably notice keep mats clean. with such finishes is tiny separations between • Wipe up spills immediately with a soft, dry the flooring strips during dry seasons or long cloth. Use a damp – not wet – cloth for heating periods. The amount of moisture in the sticky spills. air is what causes wood to expand or contract. • Never damp mop a wood floor. Do not clean When humidity levels are low, the flooring will your wood floors with water or water-based contract and the separations will become more products on a regular schedule. Retail stores noticeable than at other times. The contrast of a carry hardwood floor care kits that can be white floor surface causes even tiny scratches to used to clean your floors instead of vinegar appear larger. This is all normal. Depending on and water, which will dull the finish over a the type of finish used (factory or on-the-job), period of time. the light-tinted or white floors may have some • Buff to restore luster. shading changes over time. The finish on white • Never wax a surface finish! Once waxed, the or pastel stained floors will appear to diminish or floor will be unable to be merely re-coated, deteriorate faster than a natural stain, especially but will have to be completely sanded if in contact with water. down to raw wood to restore the floor. Hollow Sounds: No sub-floor is perfectly level. Dips and ridges will remain in the sub-floor even CARE OF WHITE TOPICAL STAIN after hardwood floor preparation. There may be HARDWOOD FLOORS hollow sounds where this condition occurs. This Due to their light color, these floors will show condition does not affect the structural integ- the effects of dirt and traffic more than those rity of the hardwood or the installation. Hollow with natural or dark-stained finish will. There- sounds are considered normal and are not con- fore, they need more attention. Vacuum or sidered a product or installation defect. sweep often. Wipe off spill immediately. Follow
Great Floors Burlington Showroom 1250 Swan Drive . Burlington, WA 98233 . 360/757-4600
Homeowner Comment Form
Dear Homeowner,
We want our Homeowner Manual to be relevant and useful to the needs of our customers and homeowners. We revise this material regularly and would appreciate your feedback and comments. Please email to [email protected].
1. Please indicate how you used this manual: 3. What sections were most helpful? Read it from cover to cover Purchasing Your Home Briefly looked it over Arranging Your Loan Looked up answers to specific questions on occasion New Home Selections Did not use it at all Construction of Your Home Homeowner Orientation 2. Did you find the information: Closing on Your Home Useful Caring for Your Home Easy to understand Maintenance of Interior and Accurate Exterior Materials and Systems
4. What topics should we add?
5. Are there any topics we need to clarify, or any item that was confusing?
6. Do you have any additional comments?
Please fill in your name, address, and phone number below (optional): Name ______Address ______Phone Number ______Please check here if you would like us to call you
Thank you,
Landed Gentry Homes & Communities
19 Homeowner Comment REV. 3.22.17.doc
The Home Build Process Community Specific Information COMMUNITY ASSOCIATION: Public Offering Statement 5 Declaration of CCRs & Amendments Plat Maps and Bylaws Formation Documents & Budget
Landed Gentry Homes and Communities Homeowner Manual
SECTION 5
The Home Build Process
Community Specific Information • Summary of Maintenance Responsibilities • Utility and Community Services • Misc. Maps in Larger Format
Community Association • First Amendment to Public Offering Statement & Exhibits o Reserve Study • Public Offering Statement & Exhibits o Declaration of CCRs and Amendments o Bylaws o Plat Maps o Formation Documents Budget o
Maintenance Responsibilities • Underground utilities / appurtenances outside lot boundaries - common areas, public easements sewer - main lines, manholes Association / City water - lines, valves, hydrants Association / City • Underground utilities / appurtenances within lot boundary franchise utilities - electric, natural gas, cable, phone, etc. Homeowner sewer - lines, cleanouts Homeowner water - domestic / irrigation lines and valves Homeowner • Stormwater drainage within common areas - main lines, catch basins, culverts Association within public easements - main lines, catch basins, culverts Association / City across lots, benefiting multiple lots - main lines, catch basins, culverts Association within lot boundary, benefitting one lot - individual storm infiltration systems Association within lot boundary, benefiting one lot - gutters, downspouts, underground pipes, curtain drains, footing drains, yard drains Homeowner • Landscaping and grounds - lawns, trees, plants, ground cover, bark common areas, parks, buffers, greenbelts Association • Landscaping within lot boundary replacement of bark & plants Homeowner • Landscaping within lot boundary & public right-of-ways in front of lot mowing, edging, trimming & weed pulling Association • Fencing perimeter fencing Association fencing around unit Association • Equipment / amenities within common areas mailboxes, benches, trashcans Association signs, trellises, decorative treatments, gazebos, structures installed for community benefit Association • Exterior of homes siding, trim, caulking, paint Homeowner hardscape, walkways, patios Homeowner
rev. 4/30/2020 02 Maints Responsibilities - WP Landed Gentry Homes and Communities Homeowner Manual
Utility and Community Services
Woods Point - Ferndale
Gas Water / Sewer Cascade Natural Gas City of Ferndale 888-522-1130 360-384-4269
Electricity Post Office Puget Sound Energy 5703 4th Avenue, Ferndale 888-225-5773 Local: 360-380-3127 Toll-free: 800-275-8777
Garbage Collection / Recycling Telephone (alternate) Sanitary Service Company Frontier 360-734-3490 877-462-8188
Cable / Telephone / Internet Comcast 877-824-2288
Association Management Woods Point Community Association Son-Rise Property Management 109 E. Chestnut Street, Bellingham, WA 98225 | 360-738-3700 fax 360-738-3737 | www.son-rise.net The Community Association is responsible for the maintenance of the common areas and elements of your community.
Emergency Service Following is a list of emergency phone numbers for critical trade contractors who might be needed after hours or on weekends. Please note that these numbers are for emergency use only. Should you contact these contractors directly during normal hours or for non-emergency service, you will be charged a service fee.
Heating All Phase HVAC 360-707-8065 Plumbing Absolute Plumbing 360-855-5070 Electrical Meridian Center Electric, Inc. (MCE) 360-202-7773
Warranty / Emergency Cascade Builder Services 888-429-5468
If you cannot reach Cascade Builder Services, then the following numbers may be reached. 1. Mike Lynch 360-661-0093 2. Dave Norman 360-661-3272 3. Art Shaw 425-766-9388
Rev 4.10.20 03 Utility & Comm Svcs - WPWP Landed Gentry Homes and Communities Homeowner Manual
Creating Your New Home - The Build Process Declined Selections Construction Following is a basic diagram summarizing the home build and selections processes. Please note that these diagrams are intended Coordinator Manager Buyer prepares CO reviews Pricing Selections declines for explanation purposes only, and are not an exact representation of the timeline. Weather, the availability of materials, and trade Coordinator contractor schedules can all affect the construction schedule. Your Sales Representative will contact you in the unlikely event that reviews schedule variations will change your closing date. Detail of with Buyer Buyer Project accepts, Note: Be sure to bring your Homeowner Manual and Selections Sheets with you to all meetings and walkthroughs Change Order Process Manager payment implements collected
Pre-Construction Phase
Purchase & Sale Meeting Customization Contact Pre-Construction Contact Permitting . (if needed) . Final Purchase & Sale documents signed . Review schedule and selections deadlines Project Manager applies for building permit . Site plan signed . Finalize construction plans: . Review procedures and change order from city customization and Start of . process . Buyer reviews selections sheets and Floor plan signed (if no customization) structural options Construction . Phase 1 Selections Meeting scheduled floorplans prior to Phase 1 Selections . Deposit collected Meeting Phase . Buyer receives Homeowner Manual and Selections Letter & Workbook . Finalize exterior color
Construction Phase
Phase 1 Selections Meeting Phase 2 Selections Meeting Final Walkthrough . Sign-off on redline floorplan . Finalization of flooring, window . Scheduled appointment - site specific . Buyer receives copies of floorplan blinds, countertop, electrical and and electrical plan low voltage selections . Final review of home, materials and systems for homeowner acceptance and orientation . Initial electrical & low voltage plan . Pricing done via change order . Any outstanding items added to the final punch . Majority of selections finalized . Upgrades paid in full list for completion following closing . Upgrades paid in full
Staking Slab Prep Gutters Doors Inspection Permit Utilities Wall Siding Paint Flatwork Cleaning Digging Backfill Framing Roof Plumbing Heating Electrical Attic Trim Carpet Final Processing Foundation Insulation Drywall Cabinetry Vinyl Closing Insulation Landscape Details Grading Footings
Warranty Closing 60-Day Repair Service Period Year-End Warranty Service Period Phase
P:\Departments\Construction - Home Building\6 HOManual\New Section 5 (Unique & Community Specific)\01 Build Process FlowChart - 11x17 Rev 11.29.18.doc
Community Association
Building Homes & Communities Since 1979 • LandedGentry.com • (877) 769-8070
Community Association
Building Homes & Communities Since 1979 • LandedGentry.com • (877) 769-8070
Woods Point COMMUNITY ASSOCIATION Governing Documents As of 10/22/2020
First Amendment to Public Offering Statement Notice and Exhibits VIII. 32 pages
Public Offering Statement Notice and Exhibits I. – VII. 180 pages
Declaration (CC&R’s) – See Public Offering Statement - Exhibit I. Declaration of Covenants, Conditions, Restrictions and Reservations for Woods Point 89 pages Recorded 03/05/2020 under Whatcom County Auditor file #2020-0300522
Bylaws – See Public Offering Statement - Exhibit III. Bylaws of Woods Point Community Association 41 pages Signed April 21, 2020
Plats – See Public Offering Statement Exhibit - II. Final Plat 7 pages Recorded 03/05/2020 under Whatcom County Auditor file #2020-0300521
Resolutions 2019-12 Resolutions Adopted by Board of Directors of Woods Point 3 pages Signed 4/21/2020
02-2020 Architectural Review & Design Policy 8 pages Signed 07/07/2020
03-2020 Landscaping Policy 3 pages Signed 08/19/2020
Articles of Incorporation – See Public Offering Statement – Exhibit IV. 08/15/2019 10 pages
Other Knutson Utility Agreement 7 pages Recorded 01/24/2020 under Whatcom County Auditor file #2020-0102874
Sewer Easement 10 pages Recorded 01/24/2020 under Whatcom County Auditor file #2020-0102875
Waterline Easement 10 pages Recorded 01/24/2020 under Whatcom County Auditor file #2020-0102876
Budget – See Public Offering Statement – Exhibit V. Woods Point Proposed Budget – 2020 1 page Approved 04/21/2020
Woods Point Community Association – Governing Documents 10.22.20 Landed Gentry Homes and Communities Homeowner Manual
WOODS POINT
Ferndale, Washington
STATUTORY MINIMUM LEVEL 4 PRELIMINARY, COMMUNITY NOT YET CONSTRUCTED RESERVE STUDY With funding recommendations for the 2021 fiscal year
Issued July, 2020 Next Update: Level 1 study by July, 2021
Prepared by: Denise Dana, Reserve Specialist
2020 BY RESERVE CONSULTANTS LLC
Contents
EXECUTIVE SUMMARY ...... 1
INTRODUCTION ...... 2 Our Approach to a Reserve Study Government Requirements for a Reserve Study Limitations and Assumptions of a Reserve Study Inflation and Interest Rate Projections Starting Reserve Fund Balance for Year 1 (2021)
COMPONENTS INCLUDED IN THE RESERVE STUDY ...... 10 Component Funding Excluded from the Reserve Study Adjustments to Component Reserve Recommendations
FULLY FUNDED BALANCE CALCULATIONS ...... 12
FULLY FUNDED BALANCE CALCULATION TABLE ...... 13
SUPPLEMENTAL BUDGET INFORMATION (SBI) ...... 14
DISCLOSURES ...... 15
EXECUTIVE SUMMARY Description Financial Information for the Current 2020 Fiscal Year Reserve Account Balance on April 7, 2020 $0 Woods Point is a 75-unit residential community Annual Operating Budget $0 located along Shields Road Component Inclusion Threshold N/A in Ferndale, Washington. (1% of the Operating Budget) This Reserve Study meets Annual Budgeted Contribution to Reserves (2020) $0 the requirements of the Remaining Contributions to Reserves for the Year $0 Washington Unified Common Interest Owner Act Planned or Implemented Special Assessment None for a Level 4 preliminary, Fully Funded Balance $0 community not yet constructed Reserve Study, Percent Funded at Time of Study 0% and was prepared by an High Risk for a independent Reserve Study Funding Status at Time of Study Special Professional. Assessment
Background Recommended Contributions to Reserves Starting in 2021
Construction of the 2021 Recommended Annual Contribution Rate $28,700 infrastructure of Woods Point was started in 2019. 2021 Baseline Funding Plan Contribution Rate $27,400 The community consists of single-family houses that 2021 Full Funding Plan Contribution Rate $31,800 are maintained by the homeowners. Common The recommended reserve contribution represents a Threshold amenities include the Funding Plan to prevent special assessments over the course streets and sidewalks, of the 30-year study while maintaining a minimum reserve street lighting, fencing, account balance of one year's contribution to reserves. The controlled access entry fiscal year for the Reserve Study is a calendar year. gates, a pickleball court, the exterior and interior of A Baseline Funding Plan is the minimum contribution a Clubhouse, a monument necessary to keep a reserve fund balance above zero. A Full sigh, mailboxes, as well as Funding Plan is the minimum contribution to achieve 100% stormwater and common funded within 30 years. Cost projection accuracy decreases electrical system into the distant future. Assumptions should be reconsidered maintenance. and updated with each revision of the study.
The recommended An association’s funding status is considered as follows: annual contribution % Funded Special Assessment Risk Level to reserves for 2021 100% + Nominal Risk is $28,700. 70% to 99% Low Risk The next required update for 25% to 69% Moderate Risk Woods Point is a Level 1 study by July, 2021. 24% or less High Risk
1
Comparison of Funding Plans and Fully Funded Balance Over 30 Years Below is a line graph in compliance with RCW 64.90.550 §2(j) which depicts the projected fiscal year end reserve balance for the Current, Baseline, Recommended and Full Funding Plans for Woods Point. The bar graph represents the projected Fully Funded Balance each year for the next 30 years. Since the Recommended Funding Plan and Full Funding Plans are similar, only one line is visible on the chart.
Woods Point Comparison of Fully Funded Balance and Funding Plans
$800,000
$600,000
$400,000
$200,000
$0
($200,000)
($400,000)
($600,000)
Projected Fully Funded Balance $0 Current Funding Plan $27,400 Baseline Funding Plan $28,700 Recommended (Threshold) Funding Plan $31,800 Full Funding Plan
2
Projected Reserve Account Balance for Funding Plans Over 30 Years Per RCW 64.90.550 §2 (j) of the Washington Unified Common Interest Owners Act (WUCIOA), the projected reserve account balance for each of the funding plans over the next 30 years is provided, along with the current funding plan projections.
$28,700 $0 $27,400 $31,800 Fiscal Year Recommended Current Baseline Full Funding End (Threshold) Funding Plan Funding Plan Plan Funding Plan
1 (2021) $0 $28,987 $27,674 $32,118 2 (2022) $0 $59,423 $56,732 $65,842 3 (2023) $0 $91,364 $87,226 $101,233 4 (2024) $0 $124,866 $119,210 $138,354 5 (2025) ($20,683) $139,099 $131,852 $156,380 6 (2026) ($72,278) $102,483 $93,569 $123,740 7 (2027) ($10,332) $128,710 $118,050 $154,130 8 (2028) $0 $166,934 $154,446 $196,713 9 (2029) $0 $206,993 $192,592 $241,334 10 (2030) ($55,459) $192,940 $176,538 $232,054 11 (2031) $0 $238,258 $219,573 $282,814 12 (2032) ($237,238) $45,719 $24,612 $96,053 13 (2033) $0 $89,845 $66,168 $146,307 14 (2034) ($13,208) $123,600 $97,198 $186,558 15 (2035) ($38,484) $134,490 $105,202 $204,332 16 (2036) $0 $186,618 $154,273 $263,750 17 (2037) $0 $242,234 $206,652 $327,082 18 (2038) ($111,333) $188,515 $149,510 $281,527 19 (2039) $0 $248,269 $205,643 $349,915 20 (2040) ($121,241) $188,919 $142,466 $299,691 21 (2041) ($17,380) $235,458 $184,961 $355,874 22 (2042) $0 $303,375 $248,607 $433,976 23 (2043) $0 $375,763 $316,485 $517,119 24 (2044) ($379,825) $67,332 $3,295 $220,037 25 (2045) ($43,182) $93,974 $24,914 $258,654 26 (2046) $0 $167,983 $93,627 $345,293 27 (2047) $0 $247,059 $167,119 $437,686 28 (2048) ($22,871) $308,255 $222,429 $512,917 29 (2049) $0 $397,581 $305,553 $617,033 30 (2050) ($378,914) $108,193 $9,631 $343,223
3
INTRODUCTION Our Approach to a Reserve Study Reserve Consultants LLC employs a “Reasonable Approach” when evaluating Several sources were used in drafting reserve components in order to draft a this report. These include: study that is of greatest value to our clients. This means we attempt to predict, based on Review of drawings provided by the costs involved and the client’s association representatives Review of previous reserve study report(s); objectives, what a reasonable person will decide to have done when maintenance, Input provided by association repairs, or replacement become necessary. representatives; For example, a reasonable person will not Review of a list of components the replace a fence when it only needs to be Association is responsible for; repainted. The benefit of this is that reserve contributions are minimized to allow for Generally accepted construction, what is most likely to occur. Our studies are maintenance, and repair guidelines. not based on a worst-case scenario, but rather on what we expect is most likely to occur. Our approach assumes minor problems will be corrected as they occur, before they become major problem.
The costs estimated for this Reserve Study are based on several sources
Costs experienced by Woods Point; Costs experienced by other associations in the area; RS Means Building Construction Cost Data 2020.
Many factors may influence the actual costs that the Association will experience. The quality of replacement materials of items can significantly impact cost, as well as the timing between replacements. The use of Architects or independent construction managers to specify and oversee work may also cause additional expenses. Common interest properties typically experience higher costs than other comparable multifamily projects, in part due to the difficulty contractors have obtaining insurance to work on common interest properties.
4
Effective July 1, 2018, the Washington Unified Common Interest Act (WUCIOA) has impacted common interest communities. Our reserve studies also comply with WUCIOA. RCW 64.90.550 §2 states that a reserve study must include:
(a) A reserve component list, including any reserve component, the replacement cost of which exceeds one percent of the annual budget of the association, excluding contributions to the reserves for that reserve component. If one of these reserve components is not included in the reserve study, the study must explain the basis for its exclusion. The study must also include quantities and estimates for the useful life of each reserve component, the remaining useful life of each reserve component, and current major replacement costs for each reserve component;
(b) The date of the study and a disclosure as to whether the study meets the requirements of this section;
(c) The following level of reserve study performed:
i. Level I: Full reserve study funding analysis and plan;
ii. Level II: Update with visual site inspection; or
iii. Level III: Update with no visual site inspection;
(d) The association's reserve account balance;
(e) The percentage of the fully funded balance to which the reserve account is funded;
(f) Special assessments already implemented or planned;
(g) Interest and inflation assumptions;
(h) Current reserve account contribution rates for a full funding plan and a baseline funding plan;
(i) A recommended reserve account contribution rate for a full funding plan to achieve one hundred percent fully funded reserves by the end of the thirty-year study period, a recommended reserve account contribution rate for a baseline funding plan to maintain the reserve account balance above zero throughout the thirty-year study period without special assessments, and a reserve account contribution rate recommended by the reserve study professional;
(j) A projected reserve account balance for thirty years based on each funding plan presented in the reserve study;
(k) A disclosure on whether the reserve study was prepared with the assistance of a reserve study professional, and whether the reserve study professional was independent; and
5
(l) A statement of the amount of any current deficit or surplus in reserve funding expressed on a dollar per unit basis. The amount is calculated by subtracting the association's reserve account balance as of the date of the study from the fully funded balance, and then multiplying the result by the fraction or percentage of the common expenses of the association allocable to each unit; except that if the fraction or percentage of the common expenses of the association allocable vary by unit, the association must calculate any current deficit or surplus in a manner that reflects the variation. In addition, the WUCIOA requires the following disclosure in every Reserve Study (RCW 64.90.550 § 3): "This reserve study should be reviewed carefully. It may not include all common and limited common element components that will require major maintenance, repair, or replacement in future years, and may not include regular contributions to a reserve account for the cost of such maintenance, repair, or replacement. The failure to include a component in a reserve study, or to provide contributions to a reserve account for a component, may, under some circumstances, require the association to (1) defer major maintenance, repair, or replacement, (2) increase future reserve contributions, (3) borrow funds to pay for major maintenance, repair, or replacement, or (4) impose special assessments for the cost of major maintenance, repair, or replacement.”
Furthermore, RCW 64.90.550 §2 states that the budget must include:
(d) the current amount of regular assessments budgeted for contribution to the reserve account;
(e) A statement of whether the association has a reserve study that meets the requirements of RCW 64.90.550 of this act and, if so, the extent to which the budget meets or deviates from the recommendations of that reserve study; and
(f) The current deficiency or surplus in reserve funding expressed on a per unit basis.
RCW 64.90.550 §2 (d) – (f) requirements are covered by the Supplemental Budget Information disclosure that is prepared with each reserve study when the Association is ready to ratify the budget – within one year of issuing the draft of the report.
The Community Associations Institute defines a Level 4 reserve study for communities under construction as a Preliminary, Community Not Yet Constructed reserve study.
6
Limitations and Assumptions of a Reserve Study This Reserve Study is not a report on the good level of appearance, with a special condition of the assets maintained by emphasis on retaining the original Woods Point, or a detailed report of appearance of the assets to the greatest necessary maintenance to the assets. It is possible extent. The analysis also assumes also not an investigation into or comment that Woods Point will replace materials as on the quality of construction of the reserve they are required with good quality components, or whether the construction materials, installed by qualified, licensed, complies with the building code or the contractors. We further assume that the requirements of the Washington Common assets will experience the full typical useful Interest Ownership Act (WUCIOA). life for the new materials installed. The component list is based on information The long-term nature of this study requires provided by Woods Point. Reserve that certain assumptions and predictions be Consultants LLC does not provide legal made about future events. Since there can interpretations of governing documents or be no guarantee that these future events auditing services on account information will occur as assumed, this analysis must be provided. viewed in light of the circumstances under which it was conducted. Reasonable effort The observations made by Reserve has been made to ensure that the Consultants LLC are limited to a visual conclusions of this report are based on inspection of a sample of the reserve reliable information and sound reasoning. components. Unless informed otherwise, our assumption is that the components are This report should be updated annually with constructed in substantial compliance with actual repair costs, reserve fund balances, the building code and to industry standards, etc. Every three years it should be updated and that it will receive ordinary and with a site inspection and professional reasonable maintenance and repair by review. Regular updating will allow changes Woods Point. These assumptions include based on actual occurrences and that most reserve components will achieve adjustments for the cost of repairs to be their normal useful lives for similar incorporated into the annual reserve components in the Pacific Northwest, and contributions. This will allow any savings or that they will be replaced when necessary additional costs to be properly allocated to prevent damage to other reserve among unit owners. components. This Reserve Study assumes that the assets will be maintained to keep a
7
Inflation and Interest Rate Projections When making estimates on the future inflation and interest rates, we use a staggered approach to more accurately reflect future economic projections.
For inflation, we use the construction industry inflation rates published by RS Means, which differ from the consumer inflation index. The average year over year construction inflation increase since 1989 is 3.24%. We do not apply inflation to the annual reserve contribution in Year 0. Likewise, we do not apply inflation to the recommended reserve contribution in Year 1 since this is the first year at the recommended contribution rate. Inflation applied to the components on the inflated spreadsheet is compounded annually; the values are listed for each year at the bottom of the inflated spreadsheet.
For interest rates, we analyze the historical data provided by the Board of Governors of the Federal Reserve. The average annual interest rate since 1989 is 3.11%. The interest for associations is typically lower than average due to conservative investing options that are usually employed by associations. Interest is applied to Year 0 only in the constant spreadsheet so that the starting reserve fund balance in Year 1 is the same for both the constant and inflated spreadsheets, as illustrated on the following page.
Inflation and Interest Rate Projections for Woods Point
Contribution Years Applied Inflation Interest Inflation Year 0 (2020) through Year 1 (2021) 0% 4% 2%
Year 2 (2022) through Year 10 (2030) 3% 3% 2%
Year 11 (2031) through Year 30 (2050) 4% 4% 3%
8
Starting Reserve Fund Balance for Year 1 (2021) The starting reserve fund balance for 2021 has been estimated by combining the following figures that were provided by an association representative:
$0 reserve fund balance as of April 7, 2020 - ($0) anticipated remaining maintenance expenses in 2020 + $0 planned special assessment in 2020 + $0 remaining reserve contributions for 2020 + $0 projected interest on the 2020 reserve fund balance $0 estimated beginning balance for fiscal year 2021
There are no anticipated remaining maintenance expenses for 2020.
The actual or projected total reserve fund balance presented in the Reserve Study is based on information provided to RCL and was not audited.
9
COMPONENTS INCLUDED IN THE RESERVE STUDY
Reserve studies for common interest properties are required to include a list of components that would cost more than one percent of the annual budget, excluding contributions to reserves, for replacement (RCW 64.90.550). While the law defines the inclusion threshold to be $0, components valued less than the legal threshold may be included to better capture reserve funding for Woods Point.
Component Funding Excluded from the Reserve Study
Operating Budget Unit Owner Responsibility The following components may qualify In addition, there are items that for inclusion within the Reserve Study, individual unit owners are responsible but have been excluded from the to maintain and pay for, including, but budget because they are maintained not limited to: with funds from the operating budget: damage by residents or their pets landscaping individual residences trails throughout community
common plumbing & irrigation gutters & downspouts on Clubhouse (if applicable) wetland maintenance reserve study updates
The sanitary sewer and main water supply line are maintained by the local public utility company, and not Woods Point. Not all components that are the individual unit owners’ responsibility are described in the report. The costs for items maintained by individual unit owners are not included in the budget for the reserve account contribution recommendations. Individual owners are financially responsible for repairs for elements that are not the responsibility of the Association to maintain. We recommend that associations establish policies and processes regarding the maintenance on these “owner responsibility” items.
Reserve Study Projections at the Starting Recommended Funding of $28,700 Using Inflated Dollar Values
11
Woods Point SMRS4 2020-007-09
Woods Point Reserve Study Projections at Recommended Funding of $28,700 Reserve Consultants LLC 30-YEAR SPREADSHEET WITH INFLATED DOLLARS PER YEAR EXPENSES IN 2020 DOLLARS 9-Jul-20 MAINT. NEXT 1 2 3 4 5 # COMPONENT NAME CYCLE MAINT. 2021 2022 2023 2024 2025
0 2.6.1 Asphalt Paving - Repair 66 $0 $0 $0 $0 $0
0 2.6.2 Asphalt Paving - Seal Coat 66 $0 $0 $0 $0 $0
0 2.7.1 Wood Privacy Fence - Selective Repairs 55 $0 $0 $0 $0 $13,309
0 2.7.2 Split Rail Wood Fence - Selective Repairs 77 $0 $0 $0 $0 $0
0 2.7.3 Pickleball Court Fence - Major Maintenance 40 40 $0 $0 $0 $0 $0
0 2.8.1 Pickleball Court - Restore Color 12 12 $0 $0 $0 $0 $0
0 2.9.1 Site Fixtures (Benches) - Maintain 15 15 $0 $0 $0 $0 $0
0 3.3.1 Concrete Sidewalks & Curbs - Contingency 66 $0 $0 $0 $0 $0
0 6.4.1 Stone Veneer - Maintenance 20 20 $0 $0 $0 $0 $0
0 6.4.2 Wood Siding & Trim - Repair 10 10 $0 $0 $0 $0 $0
0 7.4.1 Metal Roof - Replace 35 35 $0 $0 $0 $0 $0
0 8.2.1 Storefront Door & Hardware - Major Maintenance 15 15 $0 $0 $0 $0 $0
0 8.2.2 Doors & Hardware - Contingency 10 10 $0 $0 $0 $0 $0
0 8.3.1 Entry Gate - Major Maintenance 20 20 $0 $0 $0 $0 $0
0 8.3.2 Entry Gate Controller - Contingency 55 $0 $0 $0 $0 $7,374
0 8.5.1 Windows - Replace 45 45 $0 $0 $0 $0 $0
0 9.8.1 Wood Siding & Trim - Paint 10 10 $0 $0 $0 $0 $0
0 10.4.1 Mounument Sign - Major Maintenance 20 20 $0 $0 $0 $0 $0
0 10.5.1 Cluster Mailbox Units - Replace 30 30 $0 $0 $0 $0 $0
0 10.6.1 Mailbox Trellis - Maintain 15 15 $0 $0 $0 $0 $0
0 11.1.1 Clubhouse Kitchen - Refurbish 10 10 $0 $0 $0 $0 $0
0 11.1.2 Clubhouse Restrooms - Refurbish 20 20 $0 $0 $0 $0 $0
0 12.1.1 Clubhouse Interior Flooring - Replace 12 12 $0 $0 $0 $0 $0
0 12.2.2 Clubhouse Furnishings - Update 12 12 $0 $0 $0 $0 $0
0 12.8.1 Clubhouse Interior Surfaces - Paint 12 12 $0 $0 $0 $0 $0
0 15.4.1 Stormwater System - Contingency 10 10 $0 $0 $0 $0 $0
0 16.3.1 Site Lighting - Maintenance 30 30 $0 $0 $0 $0 $0
0 16.4.1 Common Electrical System - Contingency 10 10 $0 $0 $0 $0 $0
TOTAL EXPENDED BY YEAR $0 $0 $0 $0 $20,683 CARRY OVER RESERVES $0 $28,987 $59,423 $91,364 $124,866 ANNUAL RESERVE CONTRIB $28,700 $29,561 $30,448 $31,361 $32,302 RESERVE EXPENDITURES $0 $0 $0 $0 $20,683 ACCUMULATED RESERVES $28,700 $58,548 $89,871 $122,725 $136,485 INTEREST EARNED $287 $875 $1,493 $2,141 $2,614 SPECIAL ASSESSMENT $0 $0 $0 $0 $0 YEAR-END BALANCE $28,987 $59,423 $91,364 $124,866 $139,099 YEARS 0-1 2-10 11-30 1 (2021 ) 2 (2022 ) 3 (2023 ) 4 (2024 ) 5 (2025 ) CONTRIBUTION INFLATION 0% 3% 4% 0% 3% 3% 3% 3% COMPONENT COMPOUND INFLATION 4% 3% 4% 104% 107% 110% 114% 117% INTEREST RATE MULTIPLIER 2% 2% 3% 2% 2% 2% 2% 2%
COPYRIGHT 2020 Reserve Consultants LLC
Inflated Dollar Cash Flow Page 1 of 6 Woods Point SMRS4 2020-007-09
Woods Point Reserve Study Projections at Recommended Funding of $28,700 Reserve Consultants LLC 30-YEAR SPREADSHEET WITH INFLATED DOLLARS PER YEAR EXPENSES IN 2020 DOLLARS 9-Jul-20 MAINT. NEXT 678910 # COMPONENT NAME CYCLE MAINT. 2026 2027 2028 2029 2030
0 2.6.1 Asphalt Paving - Repair 66$19,326 $0 $0 $0 $0
0 2.6.2 Asphalt Paving - Seal Coat 66$48,624 $0 $0 $0 $0
0 2.7.1 Wood Privacy Fence - Selective Repairs 55 $0 $0 $0 $0 $15,429
0 2.7.2 Split Rail Wood Fence - Selective Repairs 77 $0 $10,332 $0 $0 $0
0 2.7.3 Pickleball Court Fence - Major Maintenance 40 40 $0 $0 $0 $0 $0
0 2.8.1 Pickleball Court - Restore Color 12 12 $0 $0 $0 $0 $0
0 2.9.1 Site Fixtures (Benches) - Maintain 15 15 $0 $0 $0 $0 $0
0 3.3.1 Concrete Sidewalks & Curbs - Contingency 66 $4,328 $0 $0 $0 $0
0 6.4.1 Stone Veneer - Maintenance 20 20 $0 $0 $0 $0 $0
0 6.4.2 Wood Siding & Trim - Repair 10 10 $0 $0 $0 $0 $1,126
0 7.4.1 Metal Roof - Replace 35 35 $0 $0 $0 $0 $0
0 8.2.1 Storefront Door & Hardware - Major Maintenance 15 15 $0 $0 $0 $0 $0
0 8.2.2 Doors & Hardware - Contingency 10 10 $0 $0 $0 $0 $1,601
0 8.3.1 Entry Gate - Major Maintenance 20 20 $0 $0 $0 $0 $0
0 8.3.2 Entry Gate Controller - Contingency 55 $0 $0 $0 $0 $8,549
0 8.5.1 Windows - Replace 45 45 $0 $0 $0 $0 $0
0 9.8.1 Wood Siding & Trim - Paint 10 10 $0 $0 $0 $0 $8,671
0 10.4.1 Mounument Sign - Major Maintenance 20 20 $0 $0 $0 $0 $0
0 10.5.1 Cluster Mailbox Units - Replace 30 30 $0 $0 $0 $0 $0
0 10.6.1 Mailbox Trellis - Maintain 15 15 $0 $0 $0 $0 $0
0 11.1.1 Clubhouse Kitchen - Refurbish 10 10 $0 $0 $0 $0 $5,156
0 11.1.2 Clubhouse Restrooms - Refurbish 20 20 $0 $0 $0 $0 $0
0 12.1.1 Clubhouse Interior Flooring - Replace 12 12 $0 $0 $0 $0 $0
0 12.2.2 Clubhouse Furnishings - Update 12 12 $0 $0 $0 $0 $0
0 12.8.1 Clubhouse Interior Surfaces - Paint 12 12 $0 $0 $0 $0 $0
0 15.4.1 Stormwater System - Contingency 10 10 $0 $0 $0 $0 $10,856
0 16.3.1 Site Lighting - Maintenance 30 30 $0 $0 $0 $0 $0
0 16.4.1 Common Electrical System - Contingency 10 10 $0 $0 $0 $0 $4,071
TOTAL EXPENDED BY YEAR $72,278 $10,332 $0 $0 $55,459 CARRY OVER RESERVES $139,099 $102,483 $128,710 $166,934 $206,993 ANNUAL RESERVE CONTRIB $33,271 $34,269 $35,297 $36,356 $37,447 RESERVE EXPENDITURES $72,278 $10,332 $0 $0 $55,459 ACCUMULATED RESERVES $100,091 $126,421 $164,007 $203,291 $188,981 INTEREST EARNED $2,392 $2,289 $2,927 $3,702 $3,960 SPECIAL ASSESSMENT $0 $0 $0 $0 $0 YEAR-END BALANCE $102,483 $128,710 $166,934 $206,993 $192,940 YEARS 0-1 2-10 11-30 6 (2026 ) 7 (2027 ) 8 (2028 ) 9 (2029 ) 10 (2030 ) CONTRIBUTION INFLATION 0% 3% 4% 3% 3% 3% 3% 3% COMPONENT COMPOUND INFLATION 4% 3% 4% 121% 124% 128% 132% 136% INTEREST RATE MULTIPLIER 2% 2% 3% 2% 2% 2% 2% 2%
COPYRIGHT 2020 Reserve Consultants LLC
Inflated Dollar Cash Flow Page 2 of 6 Woods Point SMRS4 2020-007-09
Woods Point Reserve Study Projections at Recommended Funding of $28,700 Reserve Consultants LLC 30-YEAR SPREADSHEET WITH INFLATED DOLLARS PER YEAR EXPENSES IN 2020 DOLLARS 9-Jul-20 MAINT. NEXT 11 12 13 14 15 # COMPONENT NAME CYCLE MAINT. 2031 2032 2033 2034 2035
0 2.6.1 Asphalt Paving - Repair 66 $0 $23,527 $0 $0 $0
0 2.6.2 Asphalt Paving - Seal Coat 66 $0 $59,192 $0 $0 $0
0 2.7.1 Wood Privacy Fence - Selective Repairs 55 $0 $0 $0 $0 $18,771
0 2.7.2 Split Rail Wood Fence - Selective Repairs 77 $0 $0 $0 $13,208 $0
0 2.7.3 Pickleball Court Fence - Major Maintenance 40 40 $0 $0 $0 $0 $0
0 2.8.1 Pickleball Court - Restore Color 12 12 $0 $2,392 $0 $0 $0
0 2.9.1 Site Fixtures (Benches) - Maintain 15 15 $0 $0 $0 $0 $0
0 3.3.1 Concrete Sidewalks & Curbs - Contingency 66 $0 $5,269 $0 $0 $0
0 6.4.1 Stone Veneer - Maintenance 20 20 $0 $0 $0 $0 $0
0 6.4.2 Wood Siding & Trim - Repair 10 10 $0 $0 $0 $0 $0
0 7.4.1 Metal Roof - Replace 35 35 $0 $0 $0 $0 $0
0 8.2.1 Storefront Door & Hardware - Major Maintenance 15 15 $0 $0 $0 $0 $2,130
0 8.2.2 Doors & Hardware - Contingency 10 10 $0 $0 $0 $0 $0
0 8.3.1 Entry Gate - Major Maintenance 20 20 $0 $0 $0 $0 $0
0 8.3.2 Entry Gate Controller - Contingency 55 $0 $0 $0 $0 $10,401
0 8.5.1 Windows - Replace 45 45 $0 $0 $0 $0 $0
0 9.8.1 Wood Siding & Trim - Paint 10 10 $0 $0 $0 $0 $0
0 10.4.1 Mounument Sign - Major Maintenance 20 20 $0 $0 $0 $0 $0
0 10.5.1 Cluster Mailbox Units - Replace 30 30 $0 $0 $0 $0 $0
0 10.6.1 Mailbox Trellis - Maintain 15 15 $0 $0 $0 $0 $7,182
0 11.1.1 Clubhouse Kitchen - Refurbish 10 10 $0 $0 $0 $0 $0
0 11.1.2 Clubhouse Restrooms - Refurbish 20 20 $0 $0 $0 $0 $0
0 12.1.1 Clubhouse Interior Flooring - Replace 12 12 $0 $136,686 $0 $0 $0
0 12.2.2 Clubhouse Furnishings - Update 12 12 $0 $4,785 $0 $0 $0
0 12.8.1 Clubhouse Interior Surfaces - Paint 12 12 $0 $5,386 $0 $0 $0
0 15.4.1 Stormwater System - Contingency 10 10 $0 $0 $0 $0 $0
0 16.3.1 Site Lighting - Maintenance 30 30 $0 $0 $0 $0 $0
0 16.4.1 Common Electrical System - Contingency 10 10 $0 $0 $0 $0 $0
TOTAL EXPENDED BY YEAR $0 $237,238 $0 $13,208 $38,484 CARRY OVER RESERVES $192,940 $238,258 $45,719 $89,845 $123,600 ANNUAL RESERVE CONTRIB $38,945 $40,503 $42,123 $43,808 $45,560 RESERVE EXPENDITURES $0 $237,238 $0 $13,208 $38,484 ACCUMULATED RESERVES $231,885 $41,523 $87,842 $120,446 $130,676 INTEREST EARNED $6,372 $4,197 $2,003 $3,154 $3,814 SPECIAL ASSESSMENT $0 $0 $0 $0 $0 YEAR-END BALANCE $238,258 $45,719 $89,845 $123,600 $134,490 YEARS 0-1 2-10 11-30 11 (2031 ) 12 (2032 ) 13 (2033 ) 14 (2034 ) 15 (2035 ) CONTRIBUTION INFLATION 0% 3% 4% 4% 4% 4% 4% 4% COMPONENT COMPOUND INFLATION 4% 3% 4% 141% 147% 153% 159% 165% INTEREST RATE MULTIPLIER 2% 2% 3% 3% 3% 3% 3% 3%
COPYRIGHT 2020 Reserve Consultants LLC
Inflated Dollar Cash Flow Page 3 of 6 Woods Point SMRS4 2020-007-09
Woods Point Reserve Study Projections at Recommended Funding of $28,700 Reserve Consultants LLC 30-YEAR SPREADSHEET WITH INFLATED DOLLARS PER YEAR EXPENSES IN 2020 DOLLARS 9-Jul-20 MAINT. NEXT 16 17 18 19 20 # COMPONENT NAME CYCLE MAINT. 2036 2037 2038 2039 2040
0 2.6.1 Asphalt Paving - Repair 66 $0 $0 $29,769 $0 $0
0 2.6.2 Asphalt Paving - Seal Coat 66 $0 $0 $74,897 $0 $0
0 2.7.1 Wood Privacy Fence - Selective Repairs 55 $0 $0 $0 $0 $22,838
0 2.7.2 Split Rail Wood Fence - Selective Repairs 77 $0 $0 $0 $0 $0
0 2.7.3 Pickleball Court Fence - Major Maintenance 40 40 $0 $0 $0 $0 $0
0 2.8.1 Pickleball Court - Restore Color 12 12 $0 $0 $0 $0 $0
0 2.9.1 Site Fixtures (Benches) - Maintain 15 15 $0 $0 $0 $0 $0
0 3.3.1 Concrete Sidewalks & Curbs - Contingency 66 $0 $0 $6,667 $0 $0
0 6.4.1 Stone Veneer - Maintenance 20 20 $0 $0 $0 $0 $2,230
0 6.4.2 Wood Siding & Trim - Repair 10 10 $0 $0 $0 $0 $1,667
0 7.4.1 Metal Roof - Replace 35 35 $0 $0 $0 $0 $0
0 8.2.1 Storefront Door & Hardware - Major Maintenance 15 15 $0 $0 $0 $0 $0
0 8.2.2 Doors & Hardware - Contingency 10 10 $0 $0 $0 $0 $2,370
0 8.3.1 Entry Gate - Major Maintenance 20 20 $0 $0 $0 $0 $19,223
0 8.3.2 Entry Gate Controller - Contingency 55 $0 $0 $0 $0 $12,654
0 8.5.1 Windows - Replace 45 45 $0 $0 $0 $0 $0
0 9.8.1 Wood Siding & Trim - Paint 10 10 $0 $0 $0 $0 $12,835
0 10.4.1 Mounument Sign - Major Maintenance 20 20 $0 $0 $0 $0 $6,769
0 10.5.1 Cluster Mailbox Units - Replace 30 30 $0 $0 $0 $0 $0
0 10.6.1 Mailbox Trellis - Maintain 15 15 $0 $0 $0 $0 $0
0 11.1.1 Clubhouse Kitchen - Refurbish 10 10 $0 $0 $0 $0 $7,633
0 11.1.2 Clubhouse Restrooms - Refurbish 20 20 $0 $0 $0 $0 $10,927
0 12.1.1 Clubhouse Interior Flooring - Replace 12 12 $0 $0 $0 $0 $0
0 12.2.2 Clubhouse Furnishings - Update 12 12 $0 $0 $0 $0 $0
0 12.8.1 Clubhouse Interior Surfaces - Paint 12 12 $0 $0 $0 $0 $0
0 15.4.1 Stormwater System - Contingency 10 10 $0 $0 $0 $0 $16,069
0 16.3.1 Site Lighting - Maintenance 30 30 $0 $0 $0 $0 $0
0 16.4.1 Common Electrical System - Contingency 10 10 $0 $0 $0 $0 $6,026
TOTAL EXPENDED BY YEAR $0 $0 $111,333 $0 $121,241 CARRY OVER RESERVES $134,490 $186,618 $242,234 $188,515 $248,269 ANNUAL RESERVE CONTRIB $47,382 $49,278 $51,249 $53,299 $55,431 RESERVE EXPENDITURES $0 $0 $111,333 $0 $121,241 ACCUMULATED RESERVES $181,873 $235,896 $182,149 $241,814 $182,458 INTEREST EARNED $4,745 $6,338 $6,366 $6,455 $6,461 SPECIAL ASSESSMENT $0 $0 $0 $0 $0 YEAR-END BALANCE $186,618 $242,234 $188,515 $248,269 $188,919 YEARS 0-1 2-10 11-30 16 (2036 ) 17 (2037 ) 18 (2038 ) 19 (2039 ) 20 (2040 ) CONTRIBUTION INFLATION 0% 3% 4% 4% 4% 4% 4% 4% COMPONENT COMPOUND INFLATION 4% 3% 4% 172% 179% 186% 193% 201% INTEREST RATE MULTIPLIER 2% 2% 3% 3% 3% 3% 3% 3%
COPYRIGHT 2020 Reserve Consultants LLC
Inflated Dollar Cash Flow Page 4 of 6 Woods Point SMRS4 2020-007-09
Woods Point Reserve Study Projections at Recommended Funding of $28,700 Reserve Consultants LLC 30-YEAR SPREADSHEET WITH INFLATED DOLLARS PER YEAR EXPENSES IN 2020 DOLLARS 9-Jul-20 MAINT. NEXT 21 22 23 24 25 # COMPONENT NAME CYCLE MAINT. 2041 2042 2043 2044 2045
0 2.6.1 Asphalt Paving - Repair 66 $0 $0 $0 $37,668 $0
0 2.6.2 Asphalt Paving - Seal Coat 66 $0 $0 $0 $94,768 $0
0 2.7.1 Wood Privacy Fence - Selective Repairs 55 $0 $0 $0 $0 $27,786
0 2.7.2 Split Rail Wood Fence - Selective Repairs 77$17,380 $0 $0 $0 $0
0 2.7.3 Pickleball Court Fence - Major Maintenance 40 40 $0 $0 $0 $0 $0
0 2.8.1 Pickleball Court - Restore Color 12 12 $0 $0 $0 $3,830 $0
0 2.9.1 Site Fixtures (Benches) - Maintain 15 15 $0 $0 $0 $0 $0
0 3.3.1 Concrete Sidewalks & Curbs - Contingency 66 $0 $0 $0 $8,436 $0
0 6.4.1 Stone Veneer - Maintenance 20 20 $0 $0 $0 $0 $0
0 6.4.2 Wood Siding & Trim - Repair 10 10 $0 $0 $0 $0 $0
0 7.4.1 Metal Roof - Replace 35 35 $0 $0 $0 $0 $0
0 8.2.1 Storefront Door & Hardware - Major Maintenance 15 15 $0 $0 $0 $0 $0
0 8.2.2 Doors & Hardware - Contingency 10 10 $0 $0 $0 $0 $0
0 8.3.1 Entry Gate - Major Maintenance 20 20 $0 $0 $0 $0 $0
0 8.3.2 Entry Gate Controller - Contingency 55 $0 $0 $0 $0 $15,396
0 8.5.1 Windows - Replace 45 45 $0 $0 $0 $0 $0
0 9.8.1 Wood Siding & Trim - Paint 10 10 $0 $0 $0 $0 $0
0 10.4.1 Mounument Sign - Major Maintenance 20 20 $0 $0 $0 $0 $0
0 10.5.1 Cluster Mailbox Units - Replace 30 30 $0 $0 $0 $0 $0
0 10.6.1 Mailbox Trellis - Maintain 15 15 $0 $0 $0 $0 $0
0 11.1.1 Clubhouse Kitchen - Refurbish 10 10 $0 $0 $0 $0 $0
0 11.1.2 Clubhouse Restrooms - Refurbish 20 20 $0 $0 $0 $0 $0
0 12.1.1 Clubhouse Interior Flooring - Replace 12 12 $0 $0 $0 $218,839 $0
0 12.2.2 Clubhouse Furnishings - Update 12 12 $0 $0 $0 $7,660 $0
0 12.8.1 Clubhouse Interior Surfaces - Paint 12 12 $0 $0 $0 $8,624 $0
0 15.4.1 Stormwater System - Contingency 10 10 $0 $0 $0 $0 $0
0 16.3.1 Site Lighting - Maintenance 30 30 $0 $0 $0 $0 $0
0 16.4.1 Common Electrical System - Contingency 10 10 $0 $0 $0 $0 $0
TOTAL EXPENDED BY YEAR $17,380$0$0$379,825$43,182 CARRY OVER RESERVES $188,919 $235,458 $303,375 $375,763 $67,332 ANNUAL RESERVE CONTRIB $57,648 $59,954 $62,352 $64,846 $67,440 RESERVE EXPENDITURES $17,380 $0 $0 $379,825 $43,182 ACCUMULATED RESERVES $229,186 $295,412 $365,727 $60,784 $91,590 INTEREST EARNED $6,272 $7,963 $10,037 $6,548 $2,384 SPECIAL ASSESSMENT $0 $0 $0 $0 $0 YEAR-END BALANCE $235,458 $303,375 $375,763 $67,332 $93,974 YEARS 0-1 2-10 11-30 21 (2041 ) 22 (2042 ) 23 (2043 ) 24 (2044 ) 25 (2045 ) CONTRIBUTION INFLATION 0% 3% 4% 4% 4% 4% 4% 4% COMPONENT COMPOUND INFLATION 4% 3% 4% 209% 217% 226% 235% 244% INTEREST RATE MULTIPLIER 2% 2% 3% 3% 3% 3% 3% 3%
COPYRIGHT 2020 Reserve Consultants LLC
Inflated Dollar Cash Flow Page 5 of 6 Woods Point SMRS4 2020-007-09
Woods Point Reserve Study Projections at Recommended Funding of $28,700 Reserve Consultants LLC 30-YEAR SPREADSHEET WITH INFLATED DOLLARS PER YEAR EXPENSES IN 2020 DOLLARS 9-Jul-20 MAINT. NEXT 26 27 28 29 30 # COMPONENT NAME CYCLE MAINT. 2046 2047 2048 2049 2050
0 2.6.1 Asphalt Paving - Repair 66 $0 $0 $0 $0 $47,662
0 2.6.2 Asphalt Paving - Seal Coat 66 $0 $0 $0 $0 $119,912
0 2.7.1 Wood Privacy Fence - Selective Repairs 55 $0 $0 $0 $0 $33,806
0 2.7.2 Split Rail Wood Fence - Selective Repairs 77 $0 $0 $22,871 $0 $0
0 2.7.3 Pickleball Court Fence - Major Maintenance 40 40 $0 $0 $0 $0 $0
0 2.8.1 Pickleball Court - Restore Color 12 12 $0 $0 $0 $0 $0
0 2.9.1 Site Fixtures (Benches) - Maintain 15 15 $0 $0 $0 $0 $0
0 3.3.1 Concrete Sidewalks & Curbs - Contingency 66 $0 $0 $0 $0 $10,674
0 6.4.1 Stone Veneer - Maintenance 20 20 $0 $0 $0 $0 $0
0 6.4.2 Wood Siding & Trim - Repair 10 10 $0 $0 $0 $0 $2,468
0 7.4.1 Metal Roof - Replace 35 35 $0 $0 $0 $0 $0
0 8.2.1 Storefront Door & Hardware - Major Maintenance 15 15 $0 $0 $0 $0 $3,836
0 8.2.2 Doors & Hardware - Contingency 10 10 $0 $0 $0 $0 $3,508
0 8.3.1 Entry Gate - Major Maintenance 20 20 $0 $0 $0 $0 $0
0 8.3.2 Entry Gate Controller - Contingency 55 $0 $0 $0 $0 $18,732
0 8.5.1 Windows - Replace 45 45 $0 $0 $0 $0 $0
0 9.8.1 Wood Siding & Trim - Paint 10 10 $0 $0 $0 $0 $18,999
0 10.4.1 Mounument Sign - Major Maintenance 20 20 $0 $0 $0 $0 $0
0 10.5.1 Cluster Mailbox Units - Replace 30 30 $0 $0 $0 $0 $32,320
0 10.6.1 Mailbox Trellis - Maintain 15 15 $0 $0 $0 $0 $12,934
0 11.1.1 Clubhouse Kitchen - Refurbish 10 10 $0 $0 $0 $0 $11,298
0 11.1.2 Clubhouse Restrooms - Refurbish 20 20 $0 $0 $0 $0 $0
0 12.1.1 Clubhouse Interior Flooring - Replace 12 12 $0 $0 $0 $0 $0
0 12.2.2 Clubhouse Furnishings - Update 12 12 $0 $0 $0 $0 $0
0 12.8.1 Clubhouse Interior Surfaces - Paint 12 12 $0 $0 $0 $0 $0
0 15.4.1 Stormwater System - Contingency 10 10 $0 $0 $0 $0 $23,786
0 16.3.1 Site Lighting - Maintenance 30 30 $0 $0 $0 $0 $30,060
0 16.4.1 Common Electrical System - Contingency 10 10 $0 $0 $0 $0 $8,920
TOTAL EXPENDED BY YEAR $0 $0 $22,871 $0 $378,914 CARRY OVER RESERVES $93,974 $167,983 $247,059 $308,255 $397,581 ANNUAL RESERVE CONTRIB $70,138 $72,943 $75,861 $78,895 $82,051 RESERVE EXPENDITURES $0 $0 $22,871 $0 $378,914 ACCUMULATED RESERVES $164,111 $240,926 $300,049 $387,150 $100,718 INTEREST EARNED $3,871 $6,134 $8,207 $10,431 $7,474 SPECIAL ASSESSMENT $0 $0 $0 $0 $0 YEAR-END BALANCE $167,983 $247,059 $308,255 $397,581 $108,193 YEARS 0-1 2-10 11-30 26 (2046 ) 27 (2047 ) 28 (2048 ) 29 (2049 ) 30 (2050 ) CONTRIBUTION INFLATION 0% 3% 4% 4% 4% 4% 4% 4% COMPONENT COMPOUND INFLATION 4% 3% 4% 254% 264% 275% 286% 297% INTEREST RATE MULTIPLIER 2% 2% 3% 3% 3% 3% 3% 3%
COPYRIGHT 2020 Reserve Consultants LLC
Inflated Dollar Cash Flow Page 6 of 6
FULLY FUNDED BALANCE CALCULATIONS
RCW 64.34.382 § 2(j) states that a reserve study shall include: “Projected reserve account balance for thirty years and a funding plan to pay for projected costs from those reserves without reliance on future unplanned special assessments”. Furthermore, RCW 64.34.382 § 2(e) stipulates that a reserve study shall include “The percentage of the fully funded balance that the reserve account is funded”.
The following graph illustrates the projected percent funded at year end over the next 30 years at the recommended starting contribution rate of $28,700. The chart includes inflated values, interest, and special assessments (if applicable).
Woods Point Inflated Percent Funded at Year End Over 30 Years at the Recommended Starting Contribution of $28,700
140%
120%
100%
80%
60%
40%
20%
0%
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Deficit or Surplus in Reserve Funding
RCW 64.90.550 §2 (l) requires that the reserve study include the amount of any current deficit or surplus in reserve funding expressed on a dollars per unit basis. This is calculated by subtracting the association’s reserve account balance as of the date of the study from the fully funded balance, and then multiplying the result by the fraction or percentage of the common expenses of the association allocable to each unit.
Reserve Account Balance as of April 7, 2020 $0 Current Fully Funded Balance $0
Since the Reserve Account balance and Fully Funded Balance equal $0, there is neither a reserve fund deficit nor surplus at the time of this reserve study.
Number of Units 75
Allocated interest is divided evenly between the units at Woods Point.
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FULLY FUNDED BALANCE CALCULATION TABLE
Fully Funded Balance Calculations Woods Point
Maintenance Current Remaining Fully Funded Component Description Quantity Unit Cycle Effective Age Replacement Useful Life Balance (Useful Life) Cost
2% 2.6.1 Asphalt Paving - Repair 95130 SF 6 6 - $16,030 $0
100% 2.6.2 Asphalt Paving - Seal Coat 95130 SF 6 6 - $40,330 $0
25% 2.7.1 Wood Privacy Fence - Selective Repairs 890 LF 5 5 - $11,370 $0
25% 2.7.2 Split Rail Wood Fence - Selective Repairs 1800 LF 7 7 - $8,320 $0
100% 2.7.3 Pickleball Court Fence - Major Maintenance 140 LF 40 40 - $0 $0
100% 2.8.1 Pickleball Court - Restore Color 970 SF 12 12 - $1,630 $0
2% 2.9.1 Site Fixtures (Benches) - Maintain 1LS1515- $0 $0
2% 3.3.1 Concrete Sidewalks & Curbs - Contingency 19000 SF 6 6 - $3,590 $0
10% 6.4.1 Stone Veneer - Maintenance 425 SF 20 20 - $1,110 $0
3% 6.4.2 Wood Siding & Trim - Repair 1960 SF 10 10 - $830 $0
100% 7.4.1 Metal Roof - Replace 36 SQ 35 35 - $49,310 $0
33% 8.2.1 Storefront Door & Hardware - Major Maintenance 3EA1515- $1,290 $0
100% 8.2.2 Doors & Hardware - Contingency 7EA1010- $1,180 $0
50% 8.3.1 Entry Gate - Major Maintenance 2EA2020- $9,570 $0
100% 8.3.2 Entry Gate Controller - Contingency 2EA5 5 - $6,300 $0
100% 8.5.1 Windows - Replace 300 SF 45 45 - $15,000 $0
100% 9.8.1 Wood Siding & Trim - Paint 1960 SF 10 10 - $6,390 $0
100% 10.4.1 Mounument Sign - Major Maintenance 1EA2020- $3,370 $0
100% 10.5.1 Cluster Mailbox Units - Replace 5EA3030- $10,870 $0
100% 10.6.1 Mailbox Trellis - Maintain 2EA1515- $4,350 $0
100% 11.1.1 Clubhouse Kitchen - Refurbish 1EA1010- $3,800 $0
100% 11.1.2 Clubhouse Restrooms - Refurbish 2EA2020- $5,440 $0
100% 12.1.1 Clubhouse Interior Flooring - Replace 1785 SF 12 12 - $93,130 $0
100% 12.2.2 Clubhouse Furnishings - Update 1LS1212- $3,260 $0
100% 12.8.1 Clubhouse Interior Surfaces - Paint 2680 SF 12 12 - $3,670 $0
100% 15.4.1 Stormwater System - Contingency 1LS1010- $8,000 $0
100% 16.3.1 Site Lighting - Maintenance 12 EA 30 30 - $10,110 $0
100% 16.4.1 Common Electrical System - Contingency 1LS1010- $3,000 $0 FULLY FUNDED BALANCE Total $0 CURRENT RESERVE BALANCE = $0 PERCENT FULLY FUNDED = #DIV/0! July 9, 2020 ABBREVIATION KEY EA each LF linear foot SQ roofing square BLDG building(s) LS lump sum SY square yard FIXT fixture(s) SF square feet ZN zone
SUPPLEMENTAL BUDGET INFORMATION (SBI)
RCW 64.90.525 §2 of the WUCIOA requires that the budget disclosure include: (d) The current amount of regular assessments budgeted for contribution to the reserve account; (e) A statement of whether the association has a reserve study that meets the requirements of RCW 64.90.550 of this act and, if so, the extent to which the budget meets or deviates from the recommendations of that reserve study; and (f) The current deficiency or surplus in reserve funding expressed on a per unit basis Below is a sample of the SBI we will compile when the association is ready to provide a summary of the budget to the unit owners. Please contact RCL one week before the Association plans on sending the budget summary to unit owners and we will issue a completed WUCIOA SBI at no additional charge within one year of issuing the draft of the reserve study report.
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DISCLOSURES
1. Reserve Consultants LLC also provides construction inspection services for condominiums and does design and construction oversight for major repair projects, including roofing, decks and building envelope replacement. 2. No shareholder or employee of Reserve Consultants LLC has any interest in, or obligation to, any construction company, management company, or development entity that creates condominiums; nor is there any involvement with Woods Point which could result in a conflict of interest. 3. Reserve Consultants LLC has been a member of the Community Associations Institute since about 1993, and has worked with a variety of management companies, associations and other types of clients in Washington State. 4. This report and analysis is based upon observations of the visible and apparent condition of the building and its major components on the date of the inspection. Although care has been taken in the performance of this inspection, Reserve Consultants LLC (and/or its representatives) make no representations regarding latent or concealed defects which may exist and no warranty or guarantee is expressed or implied. This report is made only in the best exercise of our ability and judgment. Conclusions in this report are based on estimates of the age and normal working life of various items of equipment and appliances. Predictions of life expectancy and the balance of useful life are necessarily based on industry and/or statistical comparisons. It is essential to understand that actual conditions can alter the useful life of any item. The previous use or misuse, irregularity of servicing, faulty manufacture, unfavorable conditions, acts of god, and unforeseen circumstances make it impossible to state precisely when each item would require replacement. The client herein should be aware that certain components within the above referenced property may function consistent with their purpose at the time of inspection, but due to their nature, are subject to deterioration without notice. 5. Unless otherwise noted, all reserve components are assumed to meet the building code requirements in force at the time of construction. Any on- site inspection should not be considered a project audit or quality inspection. 6. Conclusions reached in this report assume responsible ownership and competent management of the property. Information provided by others is believed to be reliable. Information provided by others was not audited; we assume no responsibility for accuracy thereof. Any on-site inspection should not be considered a project audit or quality inspection. 7. The reserve study is a reflection of information provided to the consultant and assembled for the association’s use, not for the purpose of performing an audit, quality/forensic analyses or background checks of historical record. 8. The report only complies with the requirements for reserve studies as set forth by Washington state law. The report may not comply with national standards for reserve studies as set forth by the Community Association Institute or the Association of Professional Reserve Analysts.
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WOODS POINT
A PLANNED UNIT DEVELOPMENT PLAT COMMUNITY
Ferndale, Washington
P U B L I C O F F E R I N G S T A T E M E N T
NOTICE
RIGHT TO CANCEL
(1) YOU ARE ENTITLED TO RECEIVE A COPY OF THIS PUBLIC OFFERING STATEMENT AND ALL MATERIAL AMENDMENTS TO THIS PUBLIC OFFERING STATEMENT BEFORE CONVEYANCE OF YOUR LOT. UNDER RCW 64.90.635, YOU HAVE THE RIGHT TO CANCEL YOUR CONTRACT FOR THE PURCHASE OF YOUR LOT WITHIN SEVEN (7) DAYS AFTER FIRST RECEIVING THIS PUBLIC OFFERING STATEMENT. IF THIS PUBLIC OFFERING STATEMENT IS FIRST PROVIDED TO YOU MORE THAN SEVEN DAYS BEFORE YOU SIGN YOUR CONTRACT FOR THE PURCHASE OF YOUR LOT, YOU HAVE NO RIGHT TO CANCEL YOUR CONTRACT. IF THIS PUBLIC OFFERING STATEMENT IS FIRST PROVIDED TO YOU SEVEN DAYS OR LESS BEFORE YOU SIGN YOUR CONTRACT FOR THE PURCHASE OF YOUR LOT, YOU HAVE THE RIGHT TO CANCEL, BEFORE CONVEYANCE OF THE LOT, THE EXECUTED CONTRACT BY DELIVERING, NO LATER THAN THE SEVENTH DAY AFTER FIRST RECEIVING THIS PUBLIC OFFERING STATEMENT, A NOTICE OF CANCELLATION PURSUANT TO SECTION (3) OF THIS NOTICE. IF THIS PUBLIC OFFERING STATEMENT IS FIRST PROVIDED TO YOU LESS THAN SEVEN DAYS BEFORE THE CLOSING DATE FOR THE CONVEYANCE OF YOUR LOT, YOU MAY, BEFORE CONVEYANCE OF YOUR LOT TO YOU, EXTEND THE CLOSING DATE TO A DATE NOT MORE THAN SEVEN DAYS AFTER YOU FIRST RECEIVED THIS PUBLIC OFFERING STATEMENT, SO THAT YOU MAY HAVE SEVEN DAYS TO CANCEL YOUR CONTRACT FOR THE PURCHASE OF YOUR LOT.
(2) YOU HAVE NO RIGHT TO CANCEL YOUR CONTRACT UPON RECEIPT OF AN AMENDMENT TO THIS PUBLIC OFFERING STATEMENT; HOWEVER, THIS DOES NOT ELIMINATE ANY RIGHT TO RESCIND YOUR CONTRACT, DUE TO THE DISCLOSURE OF THE INFORMATION IN THE AMENDMENT, THAT IS OTHERWISE AVAILABLE TO YOU UNDER GENERALLY APPLICABLE CONTRACT LAW.
(3) IF YOU ELECT TO CANCEL YOUR CONTRACT PURSUANT TO THIS NOTICE, YOU MAY DO SO BY HAND-DELIVERING NOTICE OF CANCELLATION, OR BY MAILING NOTICE OF CANCELLATION BY PREPAID UNITED STATES MAIL, TO THE SELLER AT THE ADDRESS SET FORTH IN THIS PUBLIC OFFERING STATEMENT OR AT THE ADDRESS OF THE SELLER'S REGISTERED AGENT FOR SERVICE OF PROCESS. THE DATE OF SUCH NOTICE IS THE DATE OF RECEIPT, IF HAND- DELIVERED, OR THE DATE OF DEPOSIT IN THE UNITED STATES MAIL, IF MAILED. CANCELLATION IS WITHOUT PENALTY, AND ALL PAYMENTS MADE TO THE SELLER BY YOU BEFORE CANCELLATION MUST BE REFUNDED PROMPTLY.
OTHER DOCUMENTS CREATING BINDING LEGAL OBLIGATIONS.
THIS PUBLIC OFFERING STATEMENT IS A SUMMARY OF SOME OF THE SIGNIFICANT ASPECTS OF PURCHASING A LOT IN THIS COMMON INTEREST COMMUNITY. THE GOVERNING DOCUMENTS AND THE PURCHASE AGREEMENT ARE COMPLEX, CONTAIN OTHER IMPORTANT INFORMATION, AND CREATE BINDING LEGAL OBLIGATIONS. YOU SHOULD CONSIDER SEEKING THE ASSISTANCE OF LEGAL COUNSEL.
OTHER REPRESENTATIONS
YOU MAY NOT RELY ON ANY STATEMENT, PROMISE, MODEL, DEPICTION, OR DESCRIPTION UNLESS IT IS (1) CONTAINED IN THE PUBLIC OFFERING STATEMENT DELIVERED TO YOU OR (2) MADE IN WRITING SIGNED BY THE DECLARANT OR DEALER OR THE DECLARANT'S OR DEALER'S AGENT IDENTIFIED IN THE PUBLIC OFFERING STATEMENT. A STATEMENT OF OPINION, OR A COMMENDATION OF THE REAL ESTATE, ITS QUALITY, OR ITS VALUE, DOES NOT CREATE A
1 WARRANTY, AND A STATEMENT, PROMISE, MODEL, DEPICTION, OR DESCRIPTION DOES NOT CREATE A WARRANTY IF IT DISCLOSES THAT IT IS ONLY PROPOSED, IS NOT REPRESENTATIVE, OR IS SUBJECT TO CHANGE.
MODEL LOTS/IMPROVEMENTS
MODEL LOTS WITH HOMES THEREON ARE INTENDED TO PROVIDE YOU WITH A GENERAL IDEA OF WHAT A FINISHED LOT AND HOME MIGHT LOOK LIKE. LOTS BEING OFFERED FOR SALE MAY VARY FROM THE MODEL LOT WITH A HOME THEREON IN TERMS OF FLOOR PLAN, FIXTURES, FINISHES, AND EQUIPMENT. YOU ARE ADVISED TO OBTAIN SPECIFIC INFORMATION ABOUT THE LOT YOU ARE CONSIDERING PURCHASING.
RESERVE STUDY
THE ASSOCIATION HAS CONTRACTED WITH A RESERVE STUDY CONSULTANT FOR THE PREPARATION OF A RESERVE STUDY WHICH SATISFIES THE STATE STATUTORY REQUIREMENTS. ANY RESERVE STUDY SHOULD BE REVIEWED CAREFULLY. IT MAY NOT INCLUDE ALL RESERVE COMPONENTS THAT WILL REQUIRE MAJOR MAINTENANCE, REPAIR, OR REPLACEMENT IN FUTURE YEARS, AND MAY NOT INCLUDE REGULAR CONTRIBUTIONS TO A RESERVE ACCOUNT FOR THE COST OF SUCH MAINTENANCE, REPAIR, OR REPLACEMENT. YOU MAY ENCOUNTER CERTAIN RISKS, INCLUDING BEING REQUIRED TO PAY AS A SPECIAL ASSESSMENT YOUR SHARE OF EXPENSES FOR THE COST OF MAJOR MAINTENANCE, REPAIR, OR REPLACEMENT OF A RESERVE COMPONENT, AS A RESULT OF THE FAILURE TO: (1) HAVE A CURRENT RESERVE STUDY OR FULLY FUNDED RESERVES, (2) INCLUDE A COMPONENT IN A RESERVE STUDY, OR (3) PROVIDE ANY OR SUFFICIENT CONTRIBUTIONS TO A RESERVE ACCOUNT FOR A COMPONENT.
DEPOSITS AND PAYMENTS
ONLY EARNEST MONEY AND RESERVATION DEPOSITS ARE REQUIRED TO BE PLACED IN AN ESCROW OR TRUST ACCOUNT. ANY OTHER PAYMENTS YOU MAKE TO THE SELLER OF A LOT ARE AT RISK AND MAY BE LOST IF THE SELLER DEFAULTS.
CONSTRUCTION DEFECT CLAIMS
CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE SELLER OR BUILDER OF YOUR HOME. FORTY-FIVE DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE SELLER OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR SELLER OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR SELLER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.
ASSOCIATION INSURANCE
THE EXTENT TO WHICH ASSOCIATION INSURANCE PROVIDES COVERAGE FOR THE BENEFIT OF LOT OWNERS (INCLUDING FURNISHINGS, FIXTURES, AND EQUIPMENT IN A LOT) IS DETERMINED BY THE PROVISIONS OF THE DECLARATION AND THE ASSOCIATION'S INSURANCE POLICY, WHICH MAY BE MODIFIED FROM TIME TO TIME. YOU AND YOUR PERSONAL INSURANCE AGENT SHOULD READ THE DECLARATION AND THE ASSOCIATION'S POLICY PRIOR TO CLOSING TO DETERMINE
2 WHAT INSURANCE IS REQUIRED OF THE ASSOCIATION AND LOT OWNERS, LOT OWNERS' RIGHTS AND DUTIES, WHAT IS AND IS NOT COVERED BY THE ASSOCIATION'S POLICY, AND WHAT ADDITIONAL INSURANCE YOU SHOULD OBTAIN.
QUALIFIED WARRANTY
YOUR LOT IS NOT COVERED BY A QUALIFIED WARRANTY UNDER CHAPTER 64.35 RCW.
A. GENERAL INFORMATION:
1. The Public Offering Statement
This Public Offering Statement consists of two parts: a narrative portion and an exhibit portion. The narrative portion is intended to summarize the significant features of the Common Interest Community as required by law, and also to present other information of interest to the prospective purchaser. The exhibit section contains copies of legal documents which are required for the creation and operation of the Common Interest Community, a projected budget for the Common Interest Community, and if applicable, any Rules and Regulations adopted by the Association. If there is any inconsistency between the exhibits and the narrative, the exhibits will govern. The Declarant's sales agents and other representatives are prohibited from changing any of the terms and conditions of the Public Offering Statement or the legal documents or features of the Common Interest Community or attempting to interpret their legal effect.
2. The Common Interest Community Concept:
a. Lot Ownership. The Lot owner is the sole owner of legal title to a Lot and improvements thereon. In addition, the Lot owner is one of many mutual owners (legally speaking, "tenants in common") of common facilities which serve more than one Lot, and of common areas which the Lot owner may use and enjoy along with owners of other Lots. The property which is owned in common is called the "common areas" and each Lot owner's share of ownership, called the "allocated interest in the common areas," is expressed as a percentage which is set forth in the Declaration. The Declaration, along with the Plat Map, are recorded to create the Common Interest Community. These documents, together with the Bylaws of the Association, are called the "Governing Documents." The ownership share in the common areas is an "undivided" interest, which means that a Lot’s allocated interest in the common areas cannot be sold separately from the Lot. No Lot owner owns all of a particular common area; rather, all Lot owners own an undivided interest in all common areas.
The ownership of an allocated interest in the common areas gives the Lot owner the right to participate in the control of all the common areas, through voting membership in the Community Association which has been or will be incorporated to govern the Common Interest Community. Ownership also imposes upon the Lot owner the obligation to pay a defined share of the expenses of operating and maintaining all of the common areas.
b. Common Areas. The common areas are all portions of the Common Interest Community which are not included within the Lots. The common areas include Tract A depicted on the Plat Map and identified as a private roadway; Open Space Tracts B and C, depicted on the Plat Map; Tract D depicted on the Plat Map and identified as a private lane; Open Space Tract G, depicted on the Plat Map, designated as a wetland area and contains trails thereon; Tract J depicted on the Plat Map as a landscape buffer; street trees, street lighting and landscaping within the Community; signage facilities and associated entry gate and landscaping off of Shields Road, as well as a monument sign and landscaping; common storm drains, common storm water drainage systems; and any recreational or other Community facilities.
c. Limited Common Areas. Certain common areas are designated as "limited common areas."
3 Like all common areas, each limited common area is owned by all of the Lot owners in proportion to their respective common area interests. What makes it "limited" is that it is reserved for the exclusive use of one or more, but fewer than all of the Lot owners, to the exclusion of the rest of the Lot owners. Some common examples of such are parking spaces and storage spaces. This community does not have limited common areas.
B. INFORMATION REQUIRED BY WUCIOA, RCW CHAP. 64.90:
1. Name and address of the Declarant:
North Bellingham Bungalows, LLC 504 E. Fairhaven Ave. Burlington, WA 98233
2. Name and address of the management company, if any:
Son Rise Property Management, Inc. 109 E. Chestnut Street Bellingham, WA 98225
3. Relationship of the management company to the declarant, if any:
None.
4. Name and Address of the Common Interest Community:
Woods Point Ferndale, WA 98248
5. Type of Common Interest Community:
This Common Interest Community is a Plat Community
6. List of up to the five most recent common interest communities in which at least one LOT was sold by the declarant or an affiliate of the declarant within the past five years, including the names of the common interest communities and their addresses:
- Woodside P.U.D. Mount Vernon, WA
- Twin Brooks Mount Vernon, WA
- Frazier Heights Burlington, WA
- Cambridge Commons Sedro-Woolley, WA
7. Nature of the interest being offered for sale:
4 The purchaser of a Lot in the Common Interest Community will receive a deed from the Declarant conveying fee simple title to the Lot, along with an undivided fractional interest in the Common Areas of the Common Interest Community, known as an "allocated interest." For purposes of this Public Offering Statement, “Lot” and “Unit” mean the same thing.
8. General description of the Common Interest Community, including to the extent known to the Declarant, the types and number of buildings that the Declarant anticipates including in the Common Interest Community and the Declarant’s schedule of commencement and completion of such building and principal common amenities:
This Common Interest Community is generally designed for occupancy by persons fifty-five (55) years of age or older and contains forty-two (42) Lots, which are depicted on the Survey Map and Plans. The Survey Map and Plans is attached as Exhibit II to this Public Offering Statement. The Declarant has reserved Development Rights as more specifically outlined in Article III of the Declaration. Commencement of ground work and some construction of homes on Lots and improvements has already commenced. Declarant is anticipating constructing single family residences on all forty-two (42) Lots, plus the potential of adding an additional thirty-four (34) Lots in Phase 2 with thirty-three (33) single family residences and retaining one (1) existing residential dwelling unit, for a total of seventy-six (76) Lots, pursuant to Declarant’s Development Rights. Declarant is also anticipating constructing a clubhouse and sports court on Tract C. As of the date hereof, it is estimated, but not guaranteed, that construction of the homes that Declarant is building will be completed on or around the Winter of 2024. Common amenities will be substantially completed on or about December, 2023.
9. Status of construction of the Lots and common elements, including estimated dates of completion if not completed:
Ground work, construction of common amenities and some construction of single family homes has commenced. Declarant estimates, but does not guaranty, that the construction of the homes that Declarant is building and supporting common areas will be substantially completed on or about the Winter of 2024.
10. The number of existing Lots in the Common Interest Community:
The Common Interest Community contains forty-two (42) Lots which are depicted on the Survey Map and Plans. The Survey Map and Plans is attached as Exhibit II to this Public Offering Statement.
11. List of the existing principal common amenities in the Common Interest Community, those that will be added to the Common Interest Community, and those that may be added to the Common Interest Community:
Tract A depicted on the Plat Map and identified as a private roadway; Open Space Tracts B and C, depicted on the Plat Map; Tract D depicted on the Plat Map and identified as a private lane; Open Space Tract G depicted on the Plat Map, designated as a wetland area and contains trails thereon; Tract J depicted on the Plat Map as a landscape buffer; street trees, street lighting and landscaping within the Community; signage facilities and associated entry gate and landscaping off of Shields Road, as well as a monument sign and landscaping; landscape buffer on eastern property line; common storm drains, common storm water drainage systems; clubhouse; sports court and any recreational or other Community facilities.
12. List of the limited common areas that may be allocated to the Lots being offered for sale:
There are no Limited Common Areas at this time.
5
13. Identification of any rights of persons other than Lot Owners to use any of the common elements, and a description of such use:
There are various stormwater and utility easements over the Community which grant the city, their agents, utility providers and emergency responders the right to use or enter certain portions of the property. These are reflected in the Survey Map and Plans attached as Exhibit II to this Public Offering Statement.
14. Identification of any real property not in the Common Interest Community to which Lot Owners have a right to use with a description of the terms of such use:
None.
15. Services the Declarant provides or expenses the Declarant pays that are not reflected in the budget, but that Declarant expects may become at any subsequent time a common expense of the Association, along with the projected common expense attributable to each of those services or expenses:
None.
16. Estimate of any assessment or payment required by the Declaration to be paid by the purchaser of a Lot at closing:
Pursuant to Section 10.3.6 of the Declaration, upon the first conveyance of each Lot to a purchase or first occupancy of such Lot, whichever occurs first, the Association may assess and collect a working capital contribution in an amount as may be determined by the Declarant. Declarant has determined that the sum, equal to two (2) months’ worth of the annual assessment against each Lot, shall be paid at closing.
17. Brief description of any liens or monetary encumbrances on the title to the common elements that will not be discharged at closing:
Real property taxes for the County in which the Common Interest Community is situated will become liens, if not paid.
18. Brief description of any express construction warranties to be provided to the purchaser:
Declarant is providing a Home Builder’s Limited Warranty, a sample of which is attached as Exhibit VII. Please refer to Construction Defect Claims in page 2 herein. This Warranty is only in effect if a buyer purchases a home from the Declarant or an affiliate of the Declarant.
19. Whether the Lots and/or the common elements of the Common Interest Community are covered by a Qualified Warranty:
Not Applicable.
20. This common interest Community does not contain any multiunit residential building subject
6 to RCW Chap. 64.55.
21. Statement of any unsatisfied judgments or pending suits against the Association, a statement of the status of any pending suits material to the Common Interest Community of which the declarant has actual knowledge:
None.
22. Statement of any litigation brought by an Owners' Association, Lot Owner, or governmental entity in which the declarant or any affiliate of the declarant has been a defendant, arising out of the construction, sale, or administration of any Common Interest Community within the previous five years, together with the results thereof, if known:
None.
23. Brief Description of:
a. Any restrictions on use or occupancy of the Lots contained in the Governing Documents:
This Common Interest Community is generally designed for occupancy by persons fifty-five (55) years of age or older, in accordance with the provisions of Title 43 U.S.C. §3607(b)(2)(B), and regulations later promulgated by the Secretary of HUD thereunder. Reference should be made to Section 9.1.2 of the Declaration for more detail.
This Community is also designed for primarily private single-family residential purposes. Reference should be made to Section 9.1.1 of the Declaration for more detail. The Declaration is attached as Exhibit I to this Public Offering Statement.
b. Any restrictions on the renting or leasing of Lots by the declarant or other Lot owners contained in the governing documents:
This Common Interest Community prohibits transient occupancy under any form of rental or license agreement for periods less than 30 days. Subleasing is also prohibited. Reference should be made to Section 9.1.14 of the Declaration for more detail.
c. Any rights of first refusal to lease or purchase any LOT or any of the common elements contained in the Governing Documents:
None.
d. Any restriction on the amount for which a Lot may be sold or on the amount that may be received by a Lot owner on sale:
None.
24. Description of the insurance provided for the benefit of Lot owners:
The Board of Directors will obtain insurance to protect the Lot Owners Association and, to a certain limited extent, the Lot Owners as individuals.
The Lot Owners Association and the Lot Owners will be insured against liability arising from
7 ownership or use of the Common Areas. This coverage will not insure Lot Owners against liability arising from an accident or injury occurring within a Lot or liability arising from the willful or negligent act or omission of a Lot Owner. The Board of Directors may also maintain appropriate fidelity insurance coverage to protect against dishonest acts on the part of officers, directors, and employees of the Lot Owners' Association and, if such insurance is reasonably available, Directors and Officers liability insurance may also be obtained.
The Declarant strongly recommends that each Lot Owner obtain a policy or policies of insurance providing coverage against personal liability and against casualty or physical damage to the Dwelling and other insurable improvements on the Lot in an amount equal to the maximum insurable replacement value thereof. The type of insurance Lot Owners should obtain is set forth in Section 11.5 of the Declaration
25. Any current or expected fees or charges not included in the common expenses to be paid by Lot owners for the use of the common elements and other facilities related to the common interest Community, together with any fees or charges not included in the common expenses to be paid by Lot owners to any master or other association:
None.
26. The extent, if any, to which bonds or other assurances from third parties have been provided for completion of all improvements that the declarant is obligated to build pursuant to RCW 64.90.695:
Declarant posted or will be required to post one or more maintenance bonds with the City in connection with Declarant’s build out and the maintenance of certain common elements, improvements, landscaping, street trees, storm water/drainage facilities, and/or other items and shared facilities within and serving the community. Declarant shall be responsible for initially installing and completing all such plat improvements as required by the City. Thereafter, the Association shall keep and maintain those improvements in good condition and repair.
27. A summary of, and information on how to obtain a full copy of, any reserve study and a statement as to whether or not it was prepared in accordance with RCW 64.90.545 and 64.90.550 or the Governing Documents:
No reserve study has been prepared as of the date of this Public Offering Statement. The Association has contracted with a reserve study consultant for the preparation of a reserve study which satisfies the state statutory requirements.
28. Brief description of any exempt real estate arrangements described in RCW 64.90.110 binding the association:
None.
29. Estimated current common expense liability for the Lots being offered:
Under Section 10.4.2 of the Declaration, liability for common expenses is generally determined by reference to the Allocated Common Expense Liabilities that each Lot has assigned to it, although under Section 10.8 of the Declaration, the Association has the authority to assess some Lots differently from others in certain circumstances, which include cases where services are provided by the Association unequally among the Lots. In this Common Interest Community, the Initial Allocation
8 of Liability for Common Expenses is allocated equally among all Lots, pursuant to Section 10.6.1 of the Declaration, subject to Sections 3.3.2 and 10.8 of the Declaration. Reference should be made to Exhibit V to this Public Offering Statement for a detailed estimated first year's budget for the Common Interest Community, along with a monthly breakdown of this liability showing its allocation among the Lots.
Pursuant to Section 10.4.4 and 10.5 of the Declaration, Declarant has decided to initially delay commencement of assessments of all Common Expenses until such time that market conditions, in the sole opinion of Declarant, have improved, but no later than the conveyance of the last lot in the Community by Declarant.
30. Except for real property taxes, real property assessments and utility liens, any assessments, fees, or other charges known to the declarant and which, if not paid, may constitute a lien against any LOTs or common elements in favor of any governmental agency:
None.
31. Identification of any parts of the Common Interest Community, other than the Owner’s Lot, which any Owner will have the responsibility for maintaining:
A Lot Owner will have the responsibility for maintaining the improvements on the Owner’s Lot. The Association is generally responsible for repairing and replacing all the Common Areas, including the Limited Common Areas, if any.
32. Whether timesharing is restricted or prohibited, and, if permitted, a statement that the purchaser of the purchaser of the timeshare Lot is entitled to receive the disclosure document required under RCW Chap. 64.36:
Timesharing is prohibited – Lots are for private single-family residential purposes only.
33. List of all development rights reserved to the declarant and all special declarant rights reserved to the declarant, together with the dates such rights must terminate, and how allocated interests of a LOT may be changed by the exercise of any development rights:
"Development rights" are rights reserved by the Declarant pursuant to RCW 64.90.010(20) to facilitate further development of a Common Interest Community project. Development rights are personal to the Declarant and may be exercised, or not exercised, at the sole discretion of the Declarant.
In this Common Interest Community, the Declarant has reserved development rights, which are described as follows: (a) to add real property or improvements to the Community; (b) to create Lots, Common Elements, or Limited Common Elements within real property included in or added to the Community; (c) to modify Exhibit “A” of the Declaration relating to the maximum allowable driveway impervious surface requirements and maximum allowable building roof runoff square footage for each Lot; (d) to subdivide or combine Lots or convert Lots into Common Elements. Reference should be made to Section 3.3 of the Declaration for further information.
To exercise a Development Right, the Declarant will cause amendments to the Declaration and, if appropriate, to the Survey Map and Plans to be prepared and recorded. The Declarant reserves the right to revise this proposed amendment prior to it recordation.
"Special Declarant Rights" are additional rights reserved by the Declarant pursuant to RCW 64.90.010(51) to facilitate the orderly development of a Common Interest Community project. In this Common Interest Community, in Section 16.5 of the Declaration, the Declarant has reserved the
9 following Special Declarant Rights: To complete any improvements indicated on the Plat filed with the Declaration or the Public Offering Statement pursuant to RCW 64.90.610(1)(h); to exercise any Development Right under Subsection 3.3.1 hereof; to maintain sales offices, management offices, signs advertising the Community, and models within the Common Elements and unsold Lots, to use easements through the Common Elements for the purpose of making improvements within the Community or within real estate that may be added to the Community; make the Community subject to a master association; merge or consolidate the Community with another Community; to control the construction, design review, and aesthetic standards committee or process described in Section 9.2 hereof; attend Meetings of the Lot Owners and, except during an executive session, of the Board; have access to the records of the Association to the same extent as a Lot Owner; and to veto or approve a proposed action of the Board or Association or any master association during the Declarant Control Period described in Section 8.1 hereof and in Section 5.1 of the Initial Bylaws. A failure by the Declarant to veto or approve any such proposed action within thirty (30) days after receipt of written Notice of the proposed action shall be deemed to constitute approval thereof by the Declarant. Such Special Declarant Rights are personal to the Declarant and may be exercised or not at the sole discretion of the Declarant.
Except as limited in Section 8.1.2 of the Declaration or Section 5.1 of the Bylaws, Special Declarant Rights terminate upon the sale of the last Lot in the Common Interest Community, or ten (10) years from the date of the conveyance of the first Lot in the Community to a purchase other than the Declarant, whichever is earlier.
Pursuant to Section 3.3.3 of the Declaration, the Declarant may exercise Development Rights prior to the expiration of ten (10) years from the date of the conveyance by the Declarant of the first Lot in the Community to a person other than the Declarant or until a date that is 180 days following the sale of the last Lot in the Community, whichever first occurs. Pursuant to Section 5.1 of the Bylaws, the Declarant has reserved the right to appoint the officers and directors of the Association for a period of no later than the earlier of: (a) Sixty days after conveyance of seventy-five percent of the Lots which may be created in the Community to Owners other than the Declarant, or (b) upon the occurrence of any of the other events described in Section 8.1 of the Declaration.
34. Statement of any liens on real property to be conveyed to the Association required to be disclosed pursuant to RCW 64.90.650(3)(b):
a. Easement(s) for purpose(s) of ingress, egress and utilities granted to Howard G. Gerard and Dagne M. Gerard, under recording numbers 1167621 and 1202178.
b. Easement(s) for purpose(s) of electric transmission and/or distribution line granted to Puget Sound Power & Light Company, under recording number 1184823.
c. Reciprocal easements for ingress, egress and utilities under recording number 2019- 0500540.
d. Easement(s) for the purpose(s) of electric transmission and/or distribution line granted to Puget Sound Power & Light Company, under recording numbers 316165 and 1267872.
e. City, county or local improvement districts, if any.
35. List of any physical hazards known to the Declarant which particularly affect the Common Interest Community or the immediate vicinity in which the Common Interest Community is located and which are not readily ascertainable by the purchaser:
None.
10 36. Statement of any building code violation of which the declarant has actual knowledge and which has not been corrected:
None.
37. Any other information and cross-references that the declarant believe will be helpful in describing the common interest Community to recipients of this Public Offering Statement, all of which may be included or not included at the option of declaration:
None.
38. Description of any age-related occupancy restrictions affecting the Common Interest Community.
This Common Interest Community is generally designed for occupancy by persons fifty-five (55) years of age or older, in accordance with the provisions of Title 43 U.S.C. §3607(b)(2)(B), and regulations later promulgated by the Secretary of HUD thereunder. Reference should be made to Section 9.1.2 of the Declaration for more detail.
39. MATERIAL DIFFERENCES IN TERMS OF FURNISHINGS, FIXTURES, FINISHES AND EQUIPMENT BETWEEN UNIT RENDERINGS, DEPICTIONS AND ILLUSTRATIONS AND UNITS BEING OFFERED:
Declarant may maintain model unit within the community. The following décor is not included: furniture, bedding, rugs, pictures, display or other interior decorating, TV, stereo, audio, video or gaming equipment, printers, computers or phones. The model units may contain some or all the following modifications from the basic plans and specifications which may be available as upgrades to a unit:
- Enhanced front and rear landscaping - Optional front door style - Hard surface flooring upgrades for color, shape, and materials - Additional electrical outlets, lighting and optional fixtures - Optional air conditioning, speakers, surround sound, alarm system - Optional window screens and blinds - Optional appliances - Upgraded cabinet styles and color - Accent wall treatment such as paint or wall paper or trim detail - Window treatments such a valances, panels and shutters
The actual features, fixtures and equipment to be included in each unit will be reflected in an addendum to the purchase and sale agreement for the unit, unless the home has been completed. Any renderings, depictions and illustrations are not to scale and may not show the location or dimensions of the boundaries, ceiling heights, closet size, electrical outlet locations, views of surrounding buildings, or the actual appliances, equipment, fixtures, finishes, colors and landscaping to be installed in the units or the exterior of the building. The displays of finish materials and color boards are for illustrative purposes only. The Declarant has reserved the right to substitute different appliances, equipment, fixtures and finishes prior to closing. Buyer should not rely on renderings, depictions or illustrations as a precise depiction of the units.
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EXHIBIT I
DECLARATION
EXHIBIT II
SURVEY MAP AND PLANS
EXHIBIT III
BYLAWS
BYLAWS
OF
WOODS POINT
COMMUNITY ASSOCIATION
© 2018 Law Offices of Gregory E. Thulin, PS 2200 Rimland Drive, Suite 115 Bellingham, WA 98226 360-714-8599
TABLE OF CONTENTS
1. IDENTIFICATION OF THE COMMUNITY AND THE ASSOCIATION...... 1
2. DEFINITIONS ...... 1
3. PURPOSE AND APPLICABILITY OF BYLAWS ...... 1
4. COMMUNITY ASSOCIATION ...... 1 4.1. Form of Association...... 1 4.2. Law Governing Association...... 1 4.2.1. General Provisions ...... 1 4.2.2. Federal Law...... 2 4.3. Registered Office and Registered Agent...... 2 4.4. Powers and Duties of the Association...... 2 4.4.1. Mandatory Duties of the Association ...... 2 4.4.2. Additional Powers and Authority ...... 2 4.5. Membership ...... 4 4.5.1. Basic Provisions ...... 4 4.5.2. Member in Good Standing ...... 4 4.5.3. Rights and Privileges of Membership ...... 5 4.6. Transfer of Membership ...... 5 4.7. Meetings of the Association...... 5 4.7.1. Annual Meeting Required ...... 5 4.7.2. Special Meetings Authorized ...... 6 4.7.3. Notice of Meetings Required ...... 6 4.7.4. Special Provisions for Notice of Special Meetings...... 6 4.7.5. Notice Period may be Reduced or Waived...... 6 4.7.6. Lot Owners Have Opportunity to Comment ...... 6 4.7.7. Electronic Meetings Authorized ...... 6 4.7.8. Place of Meetings ...... 7 4.7.9. Quorum of Owners ...... 7 4.7.10. Order of Business ...... 7 4.7.11. Conduct of Meeting ...... 7 4.8. Voting ...... 7 4.8.1. Voting Rights - Generally ...... 7 4.8.2. Vote Conducted without a Meeting ...... 7 4.8.3. Vote at Meetings of Lot Owners ...... 7 4.8.4. Verification of Right to Vote by Absentee Ballot ...... 8 4.8.5. Voting by Proxy ...... 8 4.8.6. Conducting a Vote without a Meeting ...... 9 4.8.7. Votes Allocated to Lot Owned by the Association ...... 10 4.8.8. Additional Procedures for Voting & Obtaining the Consent of Owners ...10 4.9. Action by Members Without a Meeting...... 10 4.10. Minutes of Meetings Required ...... 10 ii
5. BOARD OF DIRECTORS ...... 10 5.1. Declarant Control Period - Transition Meeting at Termination...... 10 5.1.1. General Description of Declarant Control Period ...... 10 5.1.2. Interim Elections Required During Period ...... 10 5.1.3. Board Meetings during Declarant Control Period ...... 11 5.1.4. Termination of Declarant Control Period ...... 11 5.1.5. Transition Meeting Required ...... 11 5.2. Management by Owners' Board, Qualifications ...... 11 5.2.1. Election of Directors at Transition Meeting...... 11 5.2.2. Qualifications...... 11 5.2.3. Term...... 11 5.3. Meetings ...... 12 5.3.1. Annual Meeting ...... 12 5.3.2. Regular Meetings ...... 12 5.3.3. Special Meetings ...... 12 5.3.4. Location of Meetings ...... 12 5.3.5. Notice of Board Meetings to Board Members & Lot Owners ...... 12 5.3.6. Copies of Materials distributed before Meeting ...... 12 5.3.7. Quorum for Board Meeting ...... 12 5.3.8. Conduct of Meeting ...... 12 5.3.9. Electronic Participation Options for fewer than all Board Members ...... 13 5.3.10. Participation Option for Electronic Meeting by all Board Members ...... 13 5.3.11. Voting by Directors - Proxy Voting Prohibited ...... 13 5.3.12. Assent of Director Presume through Attendance...... 13 5.3.13. Open Meetings and Executive Sessions ...... 13 5.3.14. Lot Owners Have Opportunity to Comment ...... 14 5.3.15. Action by Directors without a Meeting ...... 14 5.3.16. Minutes of Meetings Required ...... 14 5.3.17. Effects of Procedural Irregularity on Validity of Action ...... 14 5.4. Right of Lot Owners to Remove of Directors ...... 14 5.4.1. Right to Remove Directors ...... 15 5.4.2. Opportunity to Speak in Defense ...... 15 5.4.3. Successor may be Elected Immediately ...... 15 5.4.4. Circumstances Justifying Removal of Director without Owner Vote ...... 15 5.5. Vacancies ...... 15 5.6. Compensation ...... 15 5.7. Duty of Care ...... 16 5.8. Duty of Loyalty - Conflict of Interest ...... 16 5.9. Right to Indemnification ...... 16 5.10. Board of Directors as Attorney-In-Fact ...... 17 5.11. Committees of the Association ...... 17 5.11.1. General Statutory Provisions ...... 17 5.11.2. Specific Authority for Establishment of Committees ...... 17 5.11.3. Appeal Rights and Miscellaneous ...... 18 5.11.4. Standing Committees ...... 18 5.12. Advisory Committees...... 18 iii
5.12.1. General Provisions ...... 18 5.12.2. Optional Standing Advisory Committees ...... 19 5.13. Adoption of Rules and Regulations...... 19 5.13.1. General Authority to Adopt Rules ...... 19 5.13.2. Rules Affecting Use, Occupancy, Behavior or Leasing ...... 19 5.13.3. Adopting or Amending Rules - Lot Owner Involvement ...... 20 5.13.4. Reasonableness ...... 20
6. OFFICERS...... 20 6.1. Principal Officers ...... 20 6.2. Appointment of Officers ...... 20 6.3. Removal of Officers by Board ...... 20 6.4. President ...... 20 6.5. Vice President ...... 20 6.6. Secretary ...... 21 6.7. Treasurer ...... 21 6.8. No Compensation of Officers ...... 21 6.9. Liability of Officers and Indemnification...... 21
7. ENFORCEMENT OF PROVISIONS OF GOVERNING DOCUMENTS...... 22 7.1. Authority of the Board...... 22 7.2. No Abatement of Violations...... 22 7.3. Legal Proceedings...... 22 7.3.1. General Provisions ...... 22 7.3.2. Notice to Lot Owners Required ...... 22 7.3.3. Alternative Dispute Resolution Authorized or Required ...... 22 7.3.4. Lot Owners Retain Rights to Legal Proceedings ...... 22 7.4. Costs and Attorney's Fees...... 23 7.5. Late Charges and Interest...... 23 7.6. Fines or other Charges against Owners and/or Tenants...... 23 7.6.1. Fines against Owners and/or Tenants ...... 23 7.6.2. Other Charges Imposed on Owners ...... 23 7.6.3. Specially Allocated Assessments ...... 24 7.7. No Waiver of Rights...... 24 7.8. Remedies Cumulative...... 24 7.9. Alternative Forms of Dispute Resolution Authorized...... 24 7.10. Pre-Sanction Notice and Hearing Procedures...... 24 7.10.1. Notice of Violation ...... 24 7.10.2. Form and Contents of Request for Hearing ...... 25 7.10.3. Establishment of a Hearing Date ...... 25 7.10.4. Hearing Procedures ...... 25 7.10.5. Default...... 25 7.10.6. Continuances ...... 26 7.10.7. Decision ...... 26 7.10.8. Assurance of Voluntary Compliance in Lieu of Hearing ...... 26
8. MANAGEMENT OF COMMUNITY...... 26 iv
8.1. Management by Board of Directors...... 26 8.2. Professional Management...... 26 8.2.1. Manager ...... 26 8.2.2. Management Standards ...... 27 8.2.3. Scope of Delegation ...... 28 8.2.4. Management Agreement ...... 28 8.2.5. Indemnity ...... 28 8.3. Bank Accounts for Operations and Reserves...... 28 8.3.1. Insured Accounts - Maintained Within State ...... 28 8.3.2. Commingling Prohibited ...... 28 8.3.3. Reserve Accounts...... 28 8.4. Association Records...... 28 8.4.1. Financial Records...... 29 8.4.2. Other Records...... 29 8.4.3. Ownership of Records, Inspection...... 31 8.4.4. Exemption from Disclosure ...... 31 8.4.5. Additional Requirements Associated with Disclosure ...... 32 8.4.6. Records in Possession of Manager ...... 32 8.5. Audit of Records and Reconciliation of Accounts Required Annually ...... 32 8.5.1. Annual Audit ...... 32 8.5.2. Annual Reconciliation of Accounts ...... 32 8.5.3. Audit Upon Transfer of Control ...... 32
9. RESALE OF LOTS ...... 33 9.1. Resales of Lots - Obligation to Furnish Resale Certificate...... 33 9.1.1. Resale of Lot by Lot Owner...... 33 9.1.2. Association's Obligations ...... 33 9.1.3. Liability for Errors ...... 33 9.1.4. Limitation of Parties' Liability ...... 33 9.1. Fee for Preparation of Certificate ...... 33
10. AMENDMENT OF BYLAWS...... 33 10.1 Amendment of Bylaws ...... 33 10.1.1. General Provisions ...... 33 10.1.2. Provisions Affecting Declarant ...... 34 10.2. Consent of Mortgagees ...... 34
11. NOTICE ...... 34 11.1. Manner of Notice ...... 34 11.2. Waiver of Notice ......
12. MISCELLANEOUS ...... 34 12.1. Compliance with Law ...... 34 12.2. Severability ...... 34 12.3. Captions ...... 35 12.4. Gender, Number ...... 35 12.5. Adjustment of Dollar Amounts ...... 35 v
vi
BYLAWS OF WOODS POINT COMMUNITY ASSOCIATION
1. IDENTIFICATION OF THE COMMUNITY AND ASSOCIATION.
The name of the Community is: Woods Point, which is situated in Ferndale in Whatcom County, Washington. The name of the Association is: Woods Point Community Association, which will hereinafter be referred to as the "Association."
2. DEFINITIONS.
All terms used in these Bylaws shall have the same meanings ascribed to them in the Washington Uniform Common Interest Act ("the Governing Law"), and/or in the Declaration of Covenants for the Community (hereinafter "the Declaration") recorded in the office of the Auditor of the County in which the Community is located.
3. PURPOSE AND APPLICABILITY OF BYLAWS.
These Bylaws are promulgated to provide for the self-government of the Community and to promote the safety, health, well-being and enjoyment of its Members. The administration and management of the Community and the actions of the Owners, the Association and its Board of Directors and Officers shall be governed by these Bylaws. All present and future Owners and their family members, tenants, licensees, invitees, servants, agents, employees and any other person or persons who are permitted to occupy or use the common property of the Community property shall be subject to these Bylaws and to the Governing Documents of the Association. Acquisition, rental or occupancy of a Lot shall be deemed conclusive evidence of the Owner's, tenant's or Occupant's acceptance and ratification of, and agreement to comply with, these Bylaws, the Declaration, and any Rules now existent or hereafter adopted.
4. COMMUNITY ASSOCIATION.
4.1. Form of Association.
The Association has been or will be incorporated by counsel for the Declarant as a Nonprofit Miscellaneous and Mutual Corporation under chapter 24.06 of the Revised Code of Washington (hereinafter known as the “Corporation law”). The Association shall remain organized as a nonprofit corporation.
4.2. Law Governing Association.
4.2.1. General Provisions. The rights and duties of the Members and of the Association shall be governed by the provisions of the Declaration, the Governing Law and the Corporation Law. In case of any conflict between any of the foregoing, the Governing Law shall control, and with respect to any conflicts between the Declaration and the Bylaws, the Declaration shall control.
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4.2.2. Federal Law – Housing for Older Persons. This Community has been generally designed for occupancy primarily by persons aged 55 and over, in conformance with federal guidelines. The provisions of Section 9.1.2 of the Declaration shall control until such time as applicable federal regulations change, with respect to all Lots in the Community that are age- restricted. The Association shall be bound by all future changes in such regulations.
4.3. Registered Agent and Registered Office.
The Association shall maintain a Registered Agent to receive legal process and official notices on behalf of the Association, as required by the Corporation Law. The Registered Agent shall be appointed by the Board and shall have a business office identical with such Registered Office. The Registered Office of the Association shall be located in the State of Washington at such place as may be fixed from time to time by the Board of Directors upon filing of such notices with the Secretary of State and elsewhere as may be required by the Corporation Law.
4.4. Powers and Duties of the Association.
4.4.1. Mandatory Duties of the Association. The Association must:
(a) Adopt Organizational Documents;
(b) Adopt Budgets as provided in RCW 64.90.525;
(c) Impose Assessments for Common Expenses and Specially Allocated Expenses on the Lot Owners as provided in RCW 64.90.080(1) and 64.90.525;
(d) Prepare financial statements as provided in RCW 64.90.530; and
(e) Deposit and maintain the funds of the Association in accounts as provided in RCW 64.90.530.
4.4.2. Additional Powers and Authority. Except as provided otherwise in RCW 64.90.405(4) and subject to the provisions of the Declaration, the Association may:
(a) Amend Organizational Documents subject to Section 10 of these Bylaws and adopt and amend Rules in accordance with Section 5.14 of these Bylaws;
(b) Amend Budgets under RCW 64.90.525;
(c) Hire and discharge Managing Agents and other employees, agents, and independent contractors;
(d) Institute, defend, or intervene in litigation or in arbitration, mediation, or administrative proceedings or any other legal proceeding in its own
2
name on behalf of itself or two or more Lot Owners on matters affecting the Community;
(e) Subject to the provisions of RCW 64.90.405(4), make contracts and incur liabilities;
(f) Regulate the use, maintenance, repair, replacement, and modification of Common Elements;
(g) Cause additional improvements to be made as a part of the Common Elements;
(h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real estate or personal property, but Common Elements may be conveyed or subjected to a security interest only pursuant to RCW 64.90.465;
(i) Grant easements, leases, licenses, and concessions through or over the Common Elements and petition for or consent to the vacation of streets and alleys;
(j) Impose and collect any reasonable payments, fees, or charges for: (i) The use, rental, or operation of the Common Elements, other than Limited Common Elements described in RCW 64.90.210 (1)(b) and (3); (ii) Services provided to Lot Owners; and (iii) Moving in or moving out, as provided for in the Declaration;
(k) Collect Assessments and impose and collect reasonable charges for late payment of Assessments;
(l) Enforce the Governing Documents and, after notice and opportunity to be heard, impose and collect reasonable fines for violations of the Governing Documents in accordance with a previously established schedule of fines adopted by the Board of Directors and furnished to the Owners;
(m) Impose and collect reasonable charges for the preparation and recordation of amendments to the Declaration, Resale Certificates required under RCW 64.90.640, lender questionnaires, or statements of unpaid Assessments;
(n) Provide for the indemnification of its Officers and Board members, to the extent provided in RCW 23B.17.030;
(o) Maintain directors' and officers' liability insurance;
(p) As provided in the Declaration, assign its right to future income, including the right to receive Assessments;
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(q) Join in a petition for the establishment of a parking and business improvement area, participate in the ratepayers' board or other advisory body set up by the legislative authority for operation of a parking and business improvement area, and pay special assessments levied by the legislative authority on a parking and business improvement area encompassing the common property of the Community for activities and projects that benefit the Community directly or indirectly;
(r) Establish and administer a Reserve Account as described in RCW 64.90.535;
(s) Prepare a Reserve Study as described in RCW 64.90.545;
(t) Exercise any other powers conferred by the Declaration or Organizational Documents;
(u) Exercise all other powers that may be exercised in this State by the same type of entity as the Association;
(v) Exercise any other powers necessary and proper for the governance and operation of the Association;
(w) Require that disputes between the Association and Lot Owners or between two or more Lot Owners regarding the Community, other than those governed by chapter 64.50 RCW, be submitted to nonbinding alternative dispute resolution as a prerequisite to commencement of a judicial proceeding; and
(x) Suspend any right or privilege of a Lot Owner who fails to pay an Assessment, but may not: (i) Deny a Lot Owner or other Occupant access to the Owner's Lot; (ii) Suspend a Lot Owner's right to vote; or (iii) Withhold services provided to a Lot or a Lot Owner by the Association if the effect of withholding the service would be to endanger the health, safety, or property of any person.
4.5. Membership.
4.5.1. Basic Provisions. Each fee Owner or real estate contract vendee of a Lot in the Community shall be a Member of the Association. Ownership of a Lot shall be the sole qualification for membership in the Association, and the membership of the Association at all times shall consist exclusively of all the Lot Owners. The ownership of an interest in a Lot solely as security for the performance of an obligation does not entitle the owner of such interest to membership in the Association. The term “”Lot Owner” or “Owner”, as used in the remainder of these Bylaws, shall be deemed the equivalent of the term “Member,” as used in the Corporation Law, unless the context otherwise clearly requires, such as in the term “Board member,” where by virtue of RCW 64.90.410(2)(a), such person need not be a Lot Owner or Member.
4.5.2. Member in Good Standing. A Member shall be considered a “Member in Good Standing” when such Member has paid all lawful Assessments owing by such Member, and
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is not subject to unpaid fines or unsatisfied monetary sanctions following a hearing convened under Section 7.10 hereof.
4.5.3. Rights and Privileges of Membership. Members in Good Standing shall have the rights to run for and hold positions as Directors or Officers of the Association. Members in Good Standing, their immediate family members, well-behaved guests and lawful tenants of Owners shall also have the privilege of using any special services and/or facilities provided by the Association for use by its Members. Such rights and privileges are subject to payment of all dues, charges or Assessments as may be lawfully imposed by the Board of Directors from time to time, and are further subject to remaining in compliance with all other provisions of the Governing Documents. Basic rights of ingress, egress and support are not dependent upon Good Standing status and may not be withheld, and the Association may not withhold services provided to a Lot or a Lot Owner by the Association if the effect of withholding the service would be to endanger the health, safety, or property of any person,. A Member who fails to pay all required dues, charges or Assessments, or who is found to have violated other provisions of the Governing Documents in a proceeding conducted under Section 7.10 hereof, shall cease to be a Member in Good Standing and may lose any or all of the foregoing rights and privileges of membership, at the option of the Board, until such time as the Member shall make all required payments and/or satisfy any other conditions required of the Member in such proceeding.
4.6. Transfer of Membership.
The Association membership of each Owner shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof.
4.7. Meetings of the Association.
4.7.1. Annual Meeting Required. A Meeting of the Association must be held at least once each year, in the last quarter of the year. The Annual Meeting of the Association shall be held for the election of Directors and the conduct of such other business as may be properly brought before the Meeting. At the Annual Meeting, there shall be presented a report containing the following information:
(a) A balance sheet and a revenue and expense statement of the Association prepared on an accrual basis, which shall be current to sixty days - the balance sheet should show the condition of the Association’s reserve account;
(b) The annual financial statement of the Association, including the audit report required by Section 8.5 hereof, if it has been prepared, for the year immediately preceding the current year; and
(c) A statement of any unsatisfied judgments against the Association and the status of any pending suits to which the Association is a party.
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Failure to hold an Annual Meeting does not cause a forfeiture or give cause for dissolution of the Association and does not affect otherwise valid Association acts.
4.7.2. Special Meetings Authorized. The Association must hold a Special Meeting of Lot Owners to address any matter affecting the Community or the Association if its President, a majority of the Board, or Lot Owners having at least twenty percent of the votes in the Association request that the Secretary call the Meeting.
4.7.3. Notice of Meetings Required. The Association must provide Notice to Lot Owners of the time, date, and place of each Annual and Special Lot Owners Meeting not less than fourteen days and not more than fifty days before the Meeting date. Notice shall be accomplished as described in RCW 64.90.515, the text of which appears in Article XIX of the Declaration. The Notice of any Meeting must state the time, date, and place of the Meeting and the items on the Agenda, including:
(a) The text of any proposed amendment to the Declaration or Organizational Documents, in which case the Notice must be given at least 30 days prior to the Meeting;
(b) Any changes in the previously approved Budget that result in a change in the Assessment obligations; and
(c) Any proposal to remove a Board member.
4.7.4. Special Provisions for Notice of Special Meetings. If the Association does not provide Notice to Lot Owners of a Special Meeting within thirty days after the requisite number or percentage of Lot Owners request the Secretary to do so, the requesting Members may directly provide Notice to all the Lot Owners of the Meeting. Only matters described in the Meeting Notice required in Subsection 4.7.3 may be considered at a Special Meeting.
4.7.5. Notice Period may be Reduced or Waived. The minimum time to provide Notice required in Subsection 4.7.3 may be reduced or waived for a Meeting called to deal with an emergency. Whenever any Notice to an Owner is required to be given by the Association, a Waiver thereof in a Record signed by the Owner, whether made before or given after the time stated therein, shall be equivalent to the giving of such Notice.
4.7.6. Lot Owners Have Opportunity to Comment. Lot Owners must be given a reasonable opportunity at any Meeting to comment regarding any matter affecting the Community or the Association.
4.7.7. Electronic Meetings Authorized. If deemed useful and feasible by the Board and the Association’s Manager, Meetings of Lot Owners may be conducted by telephonic, video, or other conferencing process, if the process is consistent with RCW 64.90.445(2)(i), the text of which is summarized below in Section 5.3.10 hereof.
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4.7.8. Place of Meetings. Meetings of the Association shall be held at such place within the County within which the Community is situated as may be designated by the Board of Directors and stated in the Notice of the Meeting.
4.7.9. Quorum of Owners. a Quorum is present throughout any Meeting of the Lot Owners if persons entitled to cast twenty percent of the votes in the Association: (a) Are present in person or by proxy at the beginning of the Meeting; (b) Have voted by Absentee Ballot; or (c) Are present by any combination of (a) and (b) of this Subsection.
4.7.10. Order of Business. The order of business at an Annual Meeting of the Association shall be as follows: (i) proof of Notice of the Meeting; (ii) determination of the presence of a Quorum; (iii) approval of the Agenda for the Meeting; (iv) approval of Minutes of the previous Meeting of the Association; (v) appointment of inspectors of election if applicable; (vi) election of Directors, if applicable; (vii) reports of the Board of Directors, Officers and Committees; (viii) unfinished business, if any; and (ix) new business, including whether to conduct or waive the Annual Audit generally required under the provisions of Section 8.5 hereof. Items (iv), (viii) and (ix) shall be omitted from the order of business of a Special Meeting held for the sole purpose of electing a Director. Only matters described in the Notice of a Special Meeting may be considered at such a Meeting, and the order of business at a Special Meeting shall generally conform to the order specified in the Notice of such Meeting.
4.7.11. Conduct of Meeting. The President shall preside at Meetings of the Association and the Secretary shall keep the Minutes of Meetings, for inclusion in the Association's permanent Minute Book. Until changed by resolution of the Board of Directors, Roberts Rules of Order, latest edition, shall govern the conduct of all Meetings of the Association when not in conflict with the Governing Law, the Declaration or these Bylaws.
4.8. Voting.
4.8.1. Voting Rights - Generally. Lot Owners may vote at a Meeting in person, by Absentee Ballot pursuant to Subsection 4.8.3(d), or by a proxy pursuant to Subsection 4.8.5. Each Lot shall be entitled to one vote as described in Section 7.4 of the Declaration.
4.8.2. Vote Conducted without a Meeting. When a vote is conducted without a Meeting, Lot Owners may vote by Ballot pursuant to Subsection 4.8.6 below.
4.8.3. Voting at Meetings of the Lot Owners. At a Meeting of Lot Owners the following requirements apply:
(a) Voting Methods. Lot Owners or their proxies who are present in person may vote by voice vote, show of hands, standing, written Ballot, or any other method for determining the votes of Lot Owners, as designated by the person presiding at the Meeting.
(b) Joint Owner Disputes. If only one of several Co-Owners of a Lot is present, that Lot Owner is entitled to cast all the votes allocated to that Lot. If more than one of the Lot Owners are present, the votes allocated to that Lot may be cast only
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in accordance with the agreement of a majority in interest of such Co-Owners. There is a majority agreement if any one of the Co-Owners casts the votes allocated to the Lot without protest being made promptly to the person presiding over the Meeting by any of the other Co-Owners of the Lot. An absence of majority agreement shall be treated as an abstention from voting on the part of the Lot and its Owners.
(c) Plurality Vote Determines Outcome. Unless a greater number or fraction of the votes in the Association is required under the Governing Law or the Declaration or Organizational Documents, a majority of the votes cast determines the outcome of any action of the Association. Cumulative voting is not permitted.
(d) Use of Absentee Ballot. Whenever proposals are to be voted upon or Board members are to be elected at a Meeting, a Lot Owner may vote by duly executed Absentee Ballot if: (i) The name of each candidate and the text of each proposal to be voted upon are set forth in a writing accompanying or contained in the Notice of Meeting; and (ii) A Ballot is provided by the Association for such purpose.
4.8.4. Verification of Right to Vote by Absentee Ballot. When a Lot Owner votes by Absentee Ballot, the Association must be able to verify that the Ballot is cast by the Lot Owner having the right to do so.
4.8.5. Voting by Proxy. The following requirements apply with respect to proxy voting:
(a) Votes allocated to a Lot may be cast pursuant to a directed or undirected proxy duly executed by a Lot Owner in the same manner as provided in RCW 24.06.110.
(b) If a Lot is owned by more than one Person, each Co-Owner of the Lot may vote or register protest to the casting of votes by the other Co-Owners of the Lot through a duly executed proxy; the absence of majority agreement among such Co- Owners shall be treated as an abstention from voting on the part of the Lot and its Co- Owners.
(c) A Lot Owner may revoke a proxy given pursuant to this Subsection 4.8.5 only by actual Notice of revocation to the Secretary or the person presiding over a Meeting of the Association or by delivery of a subsequent proxy. The death or disability of a Lot Owner does not revoke a proxy given by the Lot Owner unless the person presiding over the Meeting has actual notice of the death or disability.
(d) A proxy is void if it is not dated or purports to be revocable without Notice.
(e) Unless stated otherwise in the proxy, a proxy terminates eleven months after its date of issuance.
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4.8.6. Conducting a Vote without a Meeting. The Association may conduct a vote without a Meeting. In that event, the following requirements apply:
(a) The Association must notify the Lot Owners that the vote will be taken by Ballot.
(b) The Notice must state:
(i) The time and date by which a Ballot must be delivered to the Association to be counted, which may not be fewer than fourteen days after the date of the Notice, and which deadline may be extended in accordance with (g) of this Subsection;
(ii) The percent of votes necessary to meet the Quorum requirements;
(iii) The percent of votes necessary to approve each matter other than election of Board members; and
(iv) The time, date, and manner by which Lot Owners wishing to deliver information to all Lot Owners regarding the subject of the vote may do so.
(c) The Association must deliver a Ballot to every Lot Owner with the Notice.
(d) The Ballot must set forth each proposed action and provide an opportunity to vote for or against the action.
(e) A Ballot cast pursuant to this Subsection 4.8.6 may be revoked only by actual Notice to the Association of revocation. The death or disability of a Lot Owner does not revoke a Ballot unless the Association has actual notice of the death or disability prior to the date set forth in (b)(i) of this Subsection.
(f) Approval by Ballot pursuant to this Subsection is valid only if the number of votes cast by Ballot equals or exceeds the Quorum required to be present at a Meeting authorizing the action.
(g) If the Association does not receive a sufficient number of votes to constitute a Quorum or to approve the proposal by the date and time established for return of Ballots, the Board may extend the deadline for a reasonable period not to exceed eleven months upon further Notice to all Members in accordance with (b) of this Subsection. In that event, all votes previously cast on the proposal must be counted unless subsequently revoked as provided in this Subsection.
(h) A Ballot or revocation is not effective until received by the Association.
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(i) The Association must give Notice to Lot Owners of any action taken pursuant to this Subsection within a reasonable time after the action is taken.
(j) When an action is taken pursuant to this Subsection, a Record of the action, including the Ballots or a report of the persons appointed to tabulate such Ballots, must be kept with the Minutes of Meetings of the Association.
4.8.7. Votes Allocated to Lot Owned by the Association. In any vote of the Lot Owners, votes allocated to a Lot owned by the Association must be cast in the same proportion as the votes cast on the matter by Lot Owners other than the Association.
4.8.8. Additional Procedures for Voting & Obtaining the Consent of Owners. The Board may by resolution adopt additional procedures, not inconsistent herewith, to assist the Board in maintaining the integrity of the voting processes of the Association.
4.9. Action by Members without a Meeting. Any action required or permitted to be taken may be taken without a Meeting if all of the Members of the Association consent in Record such action. Such written consent or consents shall be filed with the Minutes of the proceedings of the Association.
4.10. Minutes of Meetings Required. Minutes of all Lot Owner Meetings must be maintained in a record. The decision on each matter voted upon at a Lot Owner Meeting must be recorded in the Minutes.
5. BOARD OF DIRECTORS.
5.1. Declarant Control Period – Transition Meeting at Termination.
5.1.1. General Description of Declarant Control Period. In Section 8.1 of the Declaration, the Declarant has reserved the rights to (a) appoint and remove the Officers and members of the Board of Directors of the Association, and (b) veto or approve a proposed action of the Board or the Association, for a period of time known as the "Declarant Control Period," which shall persist for that period of time specified in the Declaration. The Declarant Control Period is established in order to assure that the Community will be adequately managed in the initial phases of development, and to assure an orderly transition of Association operations, subject to the following limitations:
5.1.2. Interim Elections Required During Period. Not later than sixty days after conveyance of twenty-five percent of the Lots which may be created to Owners other than the Declarant, at least one member and not less than twenty-five percent of the members of the Board of Directors must be elected by Owners other than the Declarant. Not later than sixty days after conveyance of fifty percent of the Lots which may be created to Owners other than the Declarant, not less than thirty-three and one-third percent of the members of the Board of Directors must be elected by Owners other than the Declarant. Until such members are elected and take office, the existing Board may continue to act on behalf of the Association.
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5.1.3. Board Meetings during Declarant Control Period. During the period of Declarant Control, the Board must meet at least four times a year. At least one of those Meetings must be held at the Community or at a place convenient to the Community. After the Transition Meeting, all Board Meetings must be at the Community or at a place convenient to the Community unless the Lot Owners amend these Bylaws to vary the location of those Meetings.
5.1.4. Termination of Declarant Control Period. Notwithstanding the provisions of Subsection 5.1.1 hereof, the Declarant Control Period shall terminate no later than the earlier of: (a) Sixty days, or sooner than 60 days at Declarant’s sole discretion, after conveyance of seventy-five percent of the Lots which may be created in the Community to Owners other than the Declarant, or (b) upon the occurrence of any of the other events described in Section 8.1.2 of the Declaration. Following the Transition Meeting, the Declarant may not appoint or elect any person to the Board, except when voting as a Lot Owner; nor shall the Declarant purport to serve itself as a voting, ex officio or nonvoting Board member.
5.1.5. Transition Meeting Required. Within thirty days after the termination of the Declarant Control Period, the Board must schedule a Transition Meeting and provide Notice to the Lot Owners in accordance with RCW 64.90.445(1)(c). At the Transition Meeting, the Board elected by the Lot Owners must be elected in accordance with Section 5.2.1 below.
5.2. Management by Owners' Board, Qualifications.
5.2.1. Election of Directors at Transition Meeting. At the Transition Meeting, the Owners shall elect a Board of Directors of at least three (3) members. The number of Directors on the Board may thereafter be increased or decreased as provided in these Bylaws. Newly elected Board members shall take office following adjournment of the Meeting at which they were elected, whereupon the Board shall elect or appoint the Officers of the Association described in Article 6 hereof.
5.2.2. Qualifications. All of the Directors elected by the Lot Owners shall be Lot Owners, who must remain in Good Standing as a condition of holding office. The term "Lot Owner" in such context shall, pursuant to RCW 64.90.410(2)(d), be deemed to include any board member, officer, member, partner, or trustee of any person who is, either alone or in conjunction with another person or persons, a Lot Owner. Any Officer or Board member of the Association who would not be eligible to serve as such if he or she were not a director, officer, partner in, or trustee of such an entity is disqualified from continuing in office if he or she ceases to have any such affiliation with that entity, or if that entity would have been disqualified from continuing in such office as a natural person.
5.2.3. Term. A Director shall serve for a term of two years, and until his or her successor is elected. To provide continuity of management, the terms of the Directors shall be staggered under the following procedures: Directors occupying even-numbered positions (2 & 4) shall be elected in even-numbered years. Directors occupying odd-numbered positions (1, 3 & 5) shall be elected in odd-numbered years. To provide for initial staggering of these terms, if the Transition Meeting occurs in an odd numbered year, the initial term of Directors elected to even- numbered positions shall be for only one year, and vice versa. Newly elected Board members shall take office following adjournment of the Meeting at which they were elected.
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5.3. Meetings.
5.3.1. Annual Meeting. An annual organizational Meeting of the Board of Directors may immediately follow the Annual Meeting of the Association, but in any event shall occur within 30 days after the Annual Meeting. No Notice shall be necessary to the newly elected Directors or to the Lot Owners in order legally to constitute such Meeting if the Annual Meeting is held immediately following the Annual Association Meeting and if a majority of the entire Board is present at the Board Meeting.
5.3.2. Regular Meetings. Regular Meetings of the Board of Directors shall be held at such times as shall be determined by the Board of Directors, but at least one Meeting should be held in each quarter of each fiscal year. Any lawful business may be transacted at a Regular Meeting at which a Quorum is present.
5.3.3. Special Meetings. Special Meetings of the Board of Directors may be called by the President and shall be called by the President or Secretary on the written request of at least two Directors.
5.3.4. Location of Meetings. After the Transition Meeting, all Board Meetings must be at the Community or at a place convenient to the Community unless the Lot Owners amend these Bylaws to vary the location of those Meetings.
5.3.5. Notice of Board Meetings to Board Members & Lot Owners. Notice of Regular Meetings shall be given by providing each Board member and the Lot Owners a written schedule of Regular Meetings adopted for the ensuing year at any time after the Annual Meeting and at least fourteen days prior to the next succeeding Regular Meeting. Unless the Meeting is included in such schedule of Regular Meetings, or if the Meeting is called to deal with an emergency, the Secretary must provide Notice of each Board Meeting to each Board member and to the Lot Owners. The Notice must be given at least fourteen (14) days before the Meeting and must state the time, date, place, and Agenda of the Meeting. Notice may be provided by any manner permitted by RCW 64.90.515, the text of which appears in Declaration Section 19.
5.3.6. Copies of Materials distributed before Meeting. If any materials are distributed to the Board before the Meeting, the Board must make copies of those materials reasonably available to the Lot Owners, except that the Board need not make available copies of unapproved Minutes or materials that are to be considered in Executive Session.
5.3.7. Quorum for Board Meetings. A Quorum of the Board is present for purposes of determining the validity of any action taken at a Board Meeting only if individuals entitled to cast a majority of the votes on that Board are present at the time a vote regarding that action is taken. If a Quorum is present when a vote is taken, the affirmative vote of a majority of the Board members present is the act of the Board unless a greater vote is required by the Organizational Documents.
5.3.8. Conduct of Meeting. The President shall preside at Meetings of the Board of Directors and the Secretary shall keep the Minutes of the proceedings. Following proof of
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Notice, or waiver thereof, and determination of the presence of a Quorum, any lawful business may be transacted, consistent with any Agenda required to accompany the Meeting.
5.3.9. Electronic Participation Options for fewer than all Board Members. Fewer than all Board members may participate in a Regular or Special Meeting by or conduct a Meeting through the use of any means of communication by which all Board members participating can hear each other during the Meeting. A Board member participating in a Meeting by these means is deemed to be present in person at the Meeting.
5.3.10. Participation Option for Electronic Meeting by all Board Members. Unless changed by amendment of these Bylaws following the Transition Meeting, the Board may meet by participation of all Board members by telephonic, video, or other conferencing process if:
(a) The Meeting Notice states the conferencing process to be used and provides information explaining how Lot Owners may participate in the conference directly or by meeting at a central location or conference connection; and
(b) The process provides all Lot Owners the opportunity to hear or perceive the discussion and to comment as provided in Subsection 5.3.14 below.
5.3.11. Voting by Directors – Proxy Voting Prohibited. Each Director shall have one vote, which must be cast by such person during the Meeting. A Board member may not vote by proxy or by Absentee Ballot. The votes of a majority of the Directors present at a Meeting at which a Quorum is present shall constitute the decision or act of the Board of Directors. If less than a Quorum is present at a Meeting, the majority of those present may recess the Meeting to a designated time and place. A recessed Meeting may be held as designated upon further Notice to the Directors and Lot Owners; when a Quorum is present any business may be transacted that might have been transacted at the Meeting as originally called.
5.3.12. Assent of Director Presumed through Attendance. A Board member who is present at a Board Meeting at which any action is taken is presumed to have assented to the action taken unless the Board member's dissent or abstention to such action is lodged with the person acting as the Secretary of the Meeting before adjournment of the Meeting or provided in a record to the Secretary of the Association immediately after adjournment of the Meeting. The right to dissent or abstain does not apply to a Board member who voted in favor of such action at the Meeting.
5.3.13. Open Meetings and Executive Sessions. The following requirements apply to Meetings of the Board of Directors and any Committees authorized to act for the Board:
(a) Open Meetings. Meetings must be open to the Lot Owners except during Executive Sessions, but the Board may expel or prohibit attendance by any person who, after warning by the chair of the Meeting, disrupts the Meeting. The Board and those Committees may hold an Executive Session only during a Regular or Special Meeting of the Board or a Committee. A final vote or action may not be taken during an Executive Session.
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(b) Executive Sessions. An Executive Session may be held only to: (i) Consult with the Association's attorney concerning legal matters; (ii) Discuss existing or potential litigation or mediation, arbitration, or administrative proceedings; (iii) Discuss labor or personnel matters; (iv) Discuss contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated, including the review of bids or proposals, if premature general knowledge of those matters would place the Association at a disadvantage; or (v) Prevent public knowledge of the matter to be discussed if the Board or Committee determines that public knowledge would violate the privacy of any person. A motion to convene in closed Executive Session shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the Minutes. The Board shall restrict its consideration of matters during the closed portions of the Meeting to only those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the Board, following the closed session, reconvenes in open session, reasonably identifies the motion or other action considered in Executive Session, and votes again in the open session on such motion or other action.
(c) Private Gatherings Do Not Constitute Meetings. For purposes of this Subsection, a gathering of members of the Board or Committees at which the Board or Committee members do not conduct Association business is not a Meeting of the Board or Committee. Board members and Committee members may not use incidental or social gatherings to evade the Open Meeting requirements of subpart (a) hereof.
5.3.14. Lot Owners Have Opportunity to Comment. At each Board Meeting, the Board must provide a reasonable opportunity for Lot Owners to comment regarding matters affecting the Community or the Association.
5.3.15. Action by Directors without a Meeting. Instead of holding a Meeting, the Board may act by unanimous consent as documented in a Record by all its members. Actions taken by unanimous consent must be kept as a Record of the Association with the Meeting Minutes. After the Transition Meeting, the Board may act by unanimous consent only to undertake ministerial actions, actions subject to ratification by the Lot Owners, or to implement actions previously taken at a Meeting of the Board.
5.3.16. Minutes of Meetings Required. Minutes of all Lot Owner Meetings and Board Meetings, excluding Executive Sessions, must be maintained in a Record. The decision on each matter voted upon at a Board Meeting or Lot Owner Meeting must be recorded in the Minutes.
5.3.17. Effects of Procedural Irregularity on Validity of Action. Even if an action by the Board is not in compliance with the provisions hereof, it is valid unless set aside by a court. A challenge to the validity of an action of the Board for failure to comply with this Section 5.3 may not be brought more than ninety days after the Minutes of the Board of the Meeting at which the action was taken are approved or the Record of that action is distributed to Lot Owners, whichever is later.
5.4. Right of Lot Owners to Remove Directors.
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5.4.1. Right to Remove Directors. Lot Owners present in person, by proxy, or by Absentee Ballot at any Meeting of the Lot Owners at which a Quorum is present may remove any Board member, with or without cause, if the number of votes in favor of removal cast by Lot Owners entitled to vote for election of the Board member proposed to be removed is at least the lesser of (a) a majority of the votes in the Association held by such Lot Owners or (b) two-thirds of the votes cast by such Lot Owners at the Meeting, but:
(a) A Board member appointed by the Declarant may not be removed by a Lot Owner vote during any period of Declarant Control;
(b) A Board member appointed under RCW 64.90.420(3) may be removed only by the Person that appointed that member; and
(c) The Lot Owners may not consider whether to remove a Board member at a Meeting of the Lot Owners unless that subject was listed in the Notice of the Meeting.
5.4.2. Opportunity to Speak in Defense. At any Meeting at which a vote to remove a Board member is to be taken, the Board member being considered for removal must have a reasonable opportunity to speak before the vote.
5.4.3. Successor may be Elected Immediately. At any Meeting at which a Board member is removed, the Lot Owners entitled to vote for the Board member may immediately elect a successor Board member.
5.4.4. Circumstances Justifying Removal of Director without Owner Vote. The Board may, without a Lot Owner vote, remove from the Board a Board member if (a) the Board member is delinquent in the payment of Assessments more than sixty days and (b) the Board member has not cured the delinquency within thirty days after receiving Notice of the Board's intent to remove the Board member.
5.5. Vacancies.
A vacancy on the Board of Directors caused by any reason, other than removal of a Director by a vote of the Association, may be filled by a vote of the majority of the remaining Directors, even though they may constitute less than a Quorum. Each person so selected shall serve for the unexpired portion of any term or, if earlier, until the next regularly scheduled election of board members, and until his or her successor is takes office. A vacancy occurring on the Board of Directors by reason of an increase in the number of Directors constituting the entire Board of Directors shall be filled by the Association at an Annual Meeting or at a Special Meeting called for that purpose. A vacancy occurring on the Board of Directors by reason of the removal of a Director by a vote of the Association shall be filled by the Association at an Annual Meeting or at a Special Meeting called for that purpose unless the vacancy was filled at the Meeting of the Association at which the former Director was removed.
5.6. Compensation.
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A Director shall not receive compensation from the Association for serving on the Board of Directors, but a Director may be reimbursed for reasonable out-of-pocket expenses incurred by him or her in the proper performance of his or her duties.
5.7. Duty of Care.
A Director shall perform the duties of a Director, including duties as a member of any Committee of the Board upon which the Director may serve, in good faith, in a manner such Director believes to be in the best interests of the Association, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. A Director's conduct shall also conform to any "Code of Conduct" or similar resolution adopted by the Board to govern the behavior of Directors. In performing the duties of a Director, a Director shall be entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, in each case prepared or presented by (a) one or more Officers or employees of the Association whom the Director reasonably believes to be reliable and competent in the matter presented; (b) legal counsel, public accountants, or other persons as to matters that the Director reasonably believes are within such person's professional or expert competence; or (c) a Committee of the Board upon which the Director does not serve, duly designated in accordance with a provision in the Bylaws, as to matters within its designated authority, which Committee the Director believes to merit confidence; so long as, in any such case, the Director acts in good faith, after reasonable inquiry when the need therefor is indicated by the circumstances, and without knowledge that would cause such reliance to be unwarranted.
5.8. Duty of Loyalty - Conflict of Interest.
The Directors shall exercise their powers and duties in good faith, in a manner the Director reasonably believes to be in the best interests of the Association. No contract or other transaction between the Association and any Director, or between the Association and any corporation, firm entity or association in which the Director is an officer or director or is financially or otherwise interested, shall be either void or voidable because such Director is present at the Meeting of the Board of Directors that authorizes or approves the contract or transaction, if the fact of the common directorate or other interest is disclosed or known to the Board of Directors or a majority thereof and noted in the Minutes, and the Board of Directors authorizes, approves or ratifies such contract or transaction in good faith by a vote sufficient for such purpose with the conflicted Director abstaining. Directors who have a financial interest or other personal interest in the transaction may be counted in determining the presence of a Quorum at any Meeting of the Board of Directors or Committee thereof that authorizes, approves or ratifies any contract or transaction, but such Directors must abstain from voting. If disclosures and decisions are not made as required by this Subsection, the contract or transaction may be voidable at the instance of the Association, and the affected Director may not be insulated from liability for any harm suffered by the Association as a result of entering into the contract or transaction.
5.9. Right to Indemnification.
The Association shall indemnify and hold harmless each of the Directors and Officers from and against all contractual liability to others arising out of contracts made by the Board of Directors
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or Officers on behalf of the Association or the Owners unless such contract was made in bad faith or contrary to the provisions of the Governing Documents. The Directors and Officers shall not be personally liable for contracts made by them on behalf of the Association. The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding by reason of the fact that (s)he is or was a Director or Officer of the Association against amounts paid in settlement incurred by him or her in connection with such action, suit or proceeding if (s)he acted in good faith and in a manner (s)he reasonably believed to be in, or not opposed to, the best interests of the Community or the Association, to the fullest extent authorized by RCW 23B.08.320, and 23B.08.500 through 23B.08.600, and any amendments thereto, irrespective of the fact that the Association is not incorporated under RCW 23B. See RCW 23B.17.030.
5.10. Board of Directors as Attorney-In-Fact.
The Board of Directors is hereby irrevocably appointed as attorney-in-fact for the Owners of all of the Lots and for each of them, to manage, control and deal with the interests of such Owners as to all matters affecting the Community other than those as to which Owners’ direct participation is required under the Governing Law, so as to permit the Board of Directors to fulfill all of its powers, functions and duties under the provisions of the Governing Law, the Declaration and these Bylaws, and to exercise all of its powers thereunder and to deal with the Property upon its destruction or condemnation and with the proceeds payable under any insurance policy benefitting the Association. This power shall include, but shall not be limited to, the power to grant easements and licenses from time to time affecting the Common Elements, telephone cables, gas lines, storm drains, underground conduits, or such other purposes related to the provision of public utilities or as may be considered necessary or appropriate by the Board of Directors for the preservation of the health, safety, convenience, or welfare of the Owners, or any of them. The foregoing shall be deemed to be a power coupled with an interest, and the acceptance by any person or entity of any interest in any Lot shall constitute an appointment of the Board of Directors as such attorney-in-fact. This power shall be in addition to any authority to grant easements or licenses given to the Board of Directors by the Governing Law, the Declaration or these Bylaws.
5.11. Committees of the Association.
5.11.1. General Statutory Provisions. Except for Committees appointed by the Declarant pursuant to Special Declarant Rights, all Committees of the Association must be appointed by the Board. Committees authorized to exercise any power reserved to the Board must include at least two Board members who have exclusive voting power for that Committee. Committees that are not so composed may not exercise the authority of the Board and are advisory only.
5.11.2. Specific Authority for Establishment of Committees. The Board of Directors may by resolution establish and appoint the members of one or more Committees each of which shall consist of two or more Directors and, if desired, one or more Owners who are not members of the Board, which Committees, to the extent provided in such resolution, or in the Organizational Documents of the Association, shall have and exercise specifically-described portions of the authority of the Board of Directors in the management of the Association:
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Provided, that the Directors on any such Committee shall hold all the voting power on such Committee and no such Committee shall have the authority of the Board of Directors in reference to: (a) any matter as to which the Board itself has no authority under RCW 64.90.410(4), or (b) electing, appointing, or removing any member of any such Committee.
5.11.3. Appeal Rights and Miscellaneous. Any decision of any such Committee may be appealed to the Board of Directors by any Lot Owner affected by a decision of such Committee. The designation and appointment of any such Committee and the delegation thereto of authority shall not operate to relieve the Board of Directors or any individual Director of any responsibility imposed upon it or him or her by law.
5.11.4. Standing Committees. The following described Committees are intended to exercise certain specified powers of the Board, subject to the foregoing Subsections of Section 5.11:
(a) Architectural Control Committee. During Declarant Control, the Declarant shall appoint either representatives or members of the Association to serve on as the Architectural Control Committee and reserves the right to appoint one or more representatives or members. At the expiration of the Declarant Control Period, the Architectural Control Committee shall consist of up to three persons designated by the Board, any of which may be Directors, each to serve for a term of one year. The charter and purpose of the Committee shall be to assure that the Community shall always be maintained in a manner: (a) providing for visual harmony, architectural compatibility and soundness of repair; and (b) avoiding activities deleterious to the aesthetic or property values of the Community. Proceedings of the Architectural Control Committee shall be governed by the same Notice, Quorum and voting requirements applicable to the Board of Directors under these Bylaws. Upon resolution of the Board, the Architectural Control Committee may be delegated responsibility for conducting any Pre-Sanction Hearings pursuant to Section 7.10 hereof. If such a resolution is adopted, the Committee shall, following any such hearing, render a written decision containing findings of fact and conclusions of law. Any party (including the Association) aggrieved by a decision of the Committee may appeal the decision of the Committee to the Board, in which case the Board shall review the record of the Committee's hearing and render its decision in writing within thirty (30) days, in the manner prescribed by Section 7.10.5 hereof.
5.12. Advisory Committees.
5.12.1. General Provisions. The Board of Directors may by resolution establish and appoint the members of one or more Committees intended to obtain information for and provide advice to the Board, but not to exercise any of the powers of the Board, with respect to such matters as from time to time may be deemed useful by the Board. The members of any such Committee may be Board members, or Lot Owners, or other persons whose participation is deemed useful by the Board, in its discretion.
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5.12.2. Optional Standing Advisory Committees. The Board may designate the further functions and members of one or more of the following Advisory Committees: a Budget and Finance Committee, a Grounds and Maintenance Committee, and a Clubhouse Committee. If so constituted by specific resolution of the Board of Directors, any such Committee shall have one member whose role shall be that of liaison to the Board, who shall periodically provide reports to the Board of the activities of the Committee, at such times or with such frequency as may be established by resolution of the Board. Unless modified by the resolution of the Board of Directors which specifically establishes a Committee, such Committees will have the following functions and attributes:
(a) Budget and Finance Committee. The Budget and Finance Committee shall consist of persons designated by the Board, at least one of whom shall be a Director, each to serve for a term of one year. The charter and purpose of the Committee shall be to assist the Board in developing the Association’s annual budget, to work with the Grounds and Maintenance Committee to help the Board develop reasonable reserves for repairs, replacements and capital improvements, and to monitor trends in income and expenditures to ensure the integrity of the Association’s financial status. The Budget and Finance Committee will work with the Association’s Treasurer and Manager to ensure that the Board receives timely information regarding the financial status of the Association. The Board may by resolution prescribe additional duties for this Committee.
(b) Grounds and Maintenance Committee. The Grounds and Maintenance Committee shall consist of persons designated by the Board, at least one of whom shall be a Director, each to serve for a term of one year. The charter and purpose of the Committee shall be to monitor the condition and appearance of the Common Areas of the Planned Community, to help the Board determine routine maintenance and work schedules for portions of the Common Areas that require periodic attention, and to work with the Budget and Finance Committee to help the Board to develop reasonable reserves for repairs, replacements and capital improvements. The Board may by resolution prescribe additional duties for this Committee.
5.13. Adoption of Rules and Regulations.
5.13.1. General Authority to Adopt Rules. The Board has the power and authority to adopt Rules and regulations, subject to the provisions that follow.
5.13.2. Rules Affecting Use, Occupancy, Behavior or Leasing. The Board may adopt Rules that affect the use or occupancy of or behavior in Lots that may be used for residential purposes, only to: (a) Implement a provision of the Declaration; (b) Regulate any behavior in or occupancy of a Lot that violates the Declaration or adversely affects the use and enjoyment of other Lots or the Common Elements by other Occupants; and (c) Restrict the leasing of residential Lots to the extent those Rules are reasonably designed to meet underwriting requirements of institutional lenders that regularly make loans secured by first mortgages on Lots in comparable common interest communities or that regularly purchase those mortgages.
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5.13.3. Adopting or Amending Rules – Lot Owner Involvement. The Board must, before adopting, amending, or repealing any Rule, give all Lot Owners Notice of: (a) Its intention to adopt, amend, or repeal a Rule and provide the text of the Rule or the proposed change; and (b) A date on which the Board will act on the proposed Rule or amendment after considering comments from Lot Owners. Following adoption, amendment, or repeal of a Rule, the Association must give Notice to the Lot Owners of its action and provide a copy of any new or revised Rule.
5.13.4. Reasonableness. Every Rule must be reasonable.
6. OFFICERS.
6.1. Principal Officers.
The principal Officers of the Association are a President, a Vice President, a Secretary and a Treasurer. All the principal Officers of the Association must be members of the Board of Directors, and unless excused, each Board member shall accept appointment to be an Officer of the Association. Two or more offices may be held by the same person, except the offices of President and Secretary. Presumptively, the Treasurer shall serve as Vice President if another person has not been appointed by the Board to serve as Vice President. The Board of Directors may, in its discretion, also elect or appoint such other Officers and assistant Officers as may be deemed necessary. Officers are charged, in general, with responsibility for implementing policy decisions formulated or adopted by the Board of Directors.
6.2. Appointment of Officers.
The Officers of the Association shall be elected or appointed annually by the Board of Directors at its annual organizational Meeting.
6.3. Removal of Officers by Board.
The Board may remove an Officer at any time, with or without cause. The removal must be recorded in the Board’s Minutes of the Meeting. A successor may be elected at any Regular Meeting of the Board of Directors or at any Special Meeting called for that purpose.
6.4. President.
The President is the chief executive Officer of the Association; (s)he shall preside at Meetings of the Association and shall serve as Chair of the Board of Directors; (s)he shall oversee the business of the Association such that the orders and resolutions of the Board of Directors may be carried into effect. The President shall be the Officer authorized and empowered to prepare, execute, certify, and record amendments to the Declaration and Plat on behalf of the Association.
6.5. Vice President.
The Vice President shall perform the duties and exercise the powers of the President in the absence or disability of the President and shall perform such other duties as the Board of Directors may prescribe.
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6.6. Secretary.
The Secretary shall attend all Meetings of the Board of Directors and the Association, and shall record the voting and the Minutes of all proceedings in a book to be kept for that purpose. (S)he shall give Notice of Meetings of the Association and the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or the President. The Secretary, with the assistance of the Treasurer, shall compile and keep current at the principal office of the Association all Records required by Section 8.4 hereof. The Secretary shall keep current and retain custody of the Minutes of the proceedings of the Association and the Board of Directors, and should consider maintaining a separate Book of Resolutions containing copies of resolutions of the Board intended to have ongoing or permanent effect. An Assistant Secretary may perform the duties and exercise the powers of the Secretary in the absence or disability of the Secretary and/or shall perform such other duties as the Board of Directors may prescribe.
6.7. Treasurer.
The Treasurer shall exercise control over all funds and securities of the Association except those which are placed under the control of a Manager; no Manager shall manage or exercise control over funds held in the Association’s Reserve Accounts. The Treasurer or Manager shall deposit all funds of the Association in such federally insured financial institution(s) as may be designated by the Board of Directors. (S)he shall cause funds to be disbursed in accordance with the Association’s Budget and as ordered by the Board of Directors. With the assistance of any accountant or Manager employed by the Association, the Treasurer shall cause the books of the Association to be kept on an accrual basis, with detailed accounts of the receipts and expenditures affecting the Association, in at least the detail required by Section 8.4 hereof. The books and supporting vouchers and Records shall be available for examination by the Owners, Mortgagees and their duly authorized agents or accountants or attorneys, during regular business hours in the manner prescribed by the Board of Directors. All books and Records shall be kept in accordance with generally accepted accounting principles and shall be sufficiently detailed to enable the Association to comply with the provisions of Article 9 of these Bylaws, which are mandatory under the Governing Law. An Assistant Treasurer may perform the duties and exercise the powers of the Treasurer in the absence or disability of the Treasurer and/or shall perform such other duties as the Board of Directors may prescribe.
6.8. No Compensation of Officers.
No Officer shall receive any compensation from the Association for acting as such unless such compensation is approved by a vote of Owners at a Meeting of the Association that is duly recorded in the Minutes of the Meeting and unless the Association properly reports such compensation annually to the IRS and any other taxing authority with jurisdiction. An Officer shall be reimbursed for reasonable out-of-pocket expenses incurred in the performance of duties on behalf of the Association.
6.9. Liability of Officers and Indemnification.
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See Sections 5.7, 5.8 and 5.9 of these Bylaws, which also apply to the Association’s Officers.
7. ENFORCEMENT OF GOVERNING DOCUMENTS.
7.1. Authority of the Board.
The Board of Directors shall have primary responsibility for maintaining and enforcing compliance with the Governing Documents. Without limiting the authority and powers conferred upon the Board by the Governing Law, the Board shall have the power and authority specified in this Section 7 of these Bylaws.
7.2. No Abatement of Violations.
No violation or breach of any provision of the Governing Documents or the Governing Law shall give the Association the right to enter a Lot or any Limited Common Element in which, or as to which, a violation or breach exists or may exist, except in the case of a bona fide emergency caused by such violation, and provided that such entry is otherwise conducted in accordance with the provisions of Section 8.4 of the Declaration. FURTHER PROVIDED, that this remedy shall not be utilized when a breach of the peace may ensue or if any items of construction within the Lot or any of the Common Elements will be altered or demolished.
7.3. Legal Proceedings.
7.3.1. General Provisions. Failure to comply with any of the terms of the Governing Documents shall be grounds for legal relief, including without limitation, actions to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of Assessments, any other relief provided for in these Bylaws or any combination thereof and any other relief afforded by a court of competent jurisdiction, all of which relief may be sought by the Association through its Board of Directors or by its Manager, and shall not constitute an election of remedies.
7.3.2. Notice to Lot Owners Required. (i) The Association must comply with chapter 64.50 RCW, if applicable, before instituting any proceeding described in chapter 64.50 RCW in connection with construction defects; and (ii) The Board must promptly provide Notice to the Lot Owners of any legal proceeding in which the Association is a party other than proceedings involving enforcement of Governing Documents or to recover unpaid Assessments or other sums due the Association.
7.3.3. Alternative Dispute Resolution Authorized or Required. See Section 7.9 hereof.
7.3.4. Lot Owners Retain Rights to Legal Proceedings. The rights of the Association to pursue legal proceedings or other remedies available to the Association shall not deprive an aggrieved Lot Owner of any rights to pursue legal proceedings on such Owner’s own behalf.
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7.4. Costs and Attorney's Fees.
The Association shall be entitled to recover any costs and reasonable attorneys' fees incurred in connection with the collection of delinquent Assessments, whether or not such collection activities result in suit being commenced or prosecuted to judgment. In addition, the Association shall be entitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in the enforcement of a judgment. In any other proceeding arising out of an alleged default by an Owner under terms of the Governing Documents, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorney's fees as may be determined by the court. In the event that the prevailing party is the Association, the costs and attorney's fees so awarded shall constitute a Specially Allocated Assessment against the Owner's Lot.
7.5. Late Charges and Interest.
The Board may impose and collect reasonable late charges to encourage prompt payment of Assessments. Until changed by resolution of the Board with advice of counsel, the Board may collect a late charge: (a) when any Assessment or installment thereof is received by the Association more than ten (10) days beyond the due date of such Assessment or installment; (b) in an amount not to exceed the greater of $50.00 or ten percent (10%) of the amount of said Assessment or installment. A delinquent Assessment shall bear interest from the date on which it was due at the rate of 12% per annum or the maximum rate permitted under RCW 19.52.020 on the date on which the Assessment was due.
7.6. Fines or other Charges against Owners and/or Tenants.
7.6.1. Fines against Owners and/or Tenants. The Board may impose and collect reasonable fines against Owners or Tenants for violations of the Governing Law or the Governing Documents. PROVIDED, however, that no fine may be levied unless (1) the Board has by resolution established a schedule of fines that has been furnished to all Owners prior to the alleged violation, and (2) the allegedly offending party has been provided with Notice of and an opportunity to be heard at a hearing to be conducted pursuant to Section 7.10 of these Bylaws. If the allegedly offending party is the Tenant, Notice shall be provided to both the Tenant and the Owner. Until changed by resolution of the Board with advice of counsel, the amount of any fine so assessed shall not exceed the greater of one hundred dollars or 25% of the regular monthly Common Expense Assessment against the affected Lot for a single offense, or twenty dollars or 5% of the regular monthly Common Expense Assessment against the affected Lot per diem for any offense of a continuing nature.
7.6.2. Other Charges imposed on Owners. In the event that the Board seeks to recover from an Owner any expense of the Association caused by the negligence or willful misconduct or gross negligence of such Owner under Declaration Section 10.8.2, the Association shall provide Notice to such Owner of a hearing to be held under the provisions of Section 7.10 hereof prior to assessing such expense against the Owner’s Lot.
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7.6.3. Specially Allocated Assessments. A fine or other charge imposed under the provisions of Section 7.10 hereof shall be treated as a Specially Allocated Assessment against the Owner's Lot.
7.7. No Waiver of Rights.
The failure of the Association, the Board of Directors or of an Owner to enforce any right, provision, covenant or condition that may be granted by the Governing Documents or the Governing Law, shall not constitute a waiver of the right of the Association, the Board or the Owner to enforce such right, provision, covenant or condition in the future.
7.8. Remedies Cumulative.
A suit to recover a money judgment for unpaid Assessments may be maintained without foreclosing or waiving the lien securing the same. All rights, remedies and privileges granted to the Association, the Board of Directors or any Owner pursuant to any term, provision, covenant or condition of the Governing Documents or the Governing Law shall be deemed to be cumulative, and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other rights or privileges as may be granted to such party by the Governing Documents or the Governing Law or at law or in equity.
7.9. Alternative Forms of Dispute Resolution Authorized.
Pursuant to RCW 64.90.685(2), parties to a dispute, including the Association, the Declarant or any Lot Owner, arising under the Governing Law or the Governing Documents may agree at any time to resolve the dispute by any form of binding or nonbinding alternative dispute resolution. Further, the Board may require, pursuant to RCW 64.90.405(2)(w), that disputes between the Association and Lot Owners or between two or more Lot Owners regarding the Community, other than those governed by chapter 64.50 RCW, be submitted to nonbinding alternative dispute resolution as a prerequisite to commencement of a judicial proceeding.
7.10. Pre-Sanction Notice and Hearing Procedures.
In any cases under Sections 7.6 of these Bylaws, where a fine or Assessment for damage or harm from negligence or misconduct is proposed, or where the Board proposes to suspend an Owner’s Membership in Good Standing status, or in any other case where the Board, in its discretion, deems necessary or advisable, an allegedly offending party shall be afforded the opportunity for a hearing by the Board to determine the appropriateness of the action proposed to be taken, in accordance with the following procedures:
7.10.1. Notice of Violation. A written Notice of Violation shall be prepared and hand-delivered or mailed by registered or certified mail, return receipt requested, to such Owner and, if a Tenant is involved, also to such Tenant, at his, her or their last known mailing address(es). The Notice of Violation shall include:
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(a) A statement, in reasonable detail, of the factual nature of any alleged violations, along with the Section number of any portion of the Governing Documents allegedly violated;
(b) The nature of the action proposed to be taken by the Association, including the dollar amount of any fine that could be imposed under the Schedule of Fines;
(c) A date by which the party must mail or deliver a written Request For Hearing to the Association to contest the imposition of the proposed sanction (which date must be not less than 14 days following the delivery of the Notice of Violation) along with the address to which such Request For Hearing must be sent; and
(d) A date that is not less than 30 days following the delivery of the Notice of Violation, upon which the sanction would be imposed in the event that no hearing is requested by the party.
7.10.2. Form and Contents of Request for Hearing. The Request for Hearing shall be made in a Record, shall be signed by or on behalf of the affected party, and shall contain a brief statement of any reasons known to the party that the proposed sanction should not be imposed.
7.10.3. Establishment of a Hearing Date. In the event that a hearing is requested, no sanction may be imposed until the requested hearing is held or the affected party defaults or fails to attend the hearing. Upon receipt of a Request for Hearing, a Notice of Hearing shall be prepared and hand-delivered, or mailed to such party by registered or certified mail, return receipt requested. The Notice of Hearing shall include the location, date and time of the hearing.
7.10.4. Hearing Procedures. At the hearing, the President or his or her designee, shall preside. The hearing shall be conducted generally in accordance with the requirements for Meetings of the Board as provided in Section 5.3 of these Bylaws. Any Director who feels that it would be impossible to be fair, objective and unbiased in the proceedings shall disqualify himself or herself from voting prior to the commencement of the hearing. Both the party who is the subject of the hearing and the Association may be represented by counsel. Minutes shall be taken and, if requested by either the Association or the Owner, the hearing may be recorded either stenographically, or by audio or video tape or equivalent means. After receiving proof of the giving of the two Notices required by Sections 7.10.1 and 7.10.3 of these Bylaws, factual evidence in support of the allegation that a violation has occurred will be received. Live testimony from witnesses with personal knowledge shall be received where practicable. Affidavits or declarations in the form required by RCW 9A.72.085 may, however, be received in lieu of live testimony as the interests of justice may require, and formal adherence to legal rules of evidence shall not be required. Thereafter, evidence from the affected party, in defense or toward mitigation, shall be received. Any rebutting evidence may then be received. Legible copies of all documentary evidence received shall be attached to the Minutes of the hearing. At the close of the evidence, both sides shall have the opportunity for legal argument.
7.10.5. Default. In the event that the affected party fails to appear at the hearing, (s)he may be deemed to be in default, and upon receipt of proof of delivery of both of the Notices
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required under Sections 7.10.1 and 7.10.3 of these Bylaws, the Board may render its decision forthwith.
7.10.6. Continuances. In its discretion, if the interests of justice appear to require, the Board may continue the hearing at the request of any affected party, including the Association, for such reasonable period not to exceed thirty (30) days, as may be deemed necessary.
7.10.7. Decision. The Board may issue its decision at the close of the hearing, or may adjourn and render its decision at a later date, not to exceed thirty (30) days following the date of the hearing or any continuation thereof. The decision shall be in a Record, but need not contain detailed findings of fact or conclusions of law, and shall be delivered or mailed to each affected party and his or her attorney on the date of issuance. The original copy of the decision shall be dated and signed by the presiding Officer, and filed among the Minutes of the Board of Directors.
7.10.8. Assurance of Voluntary Compliance in Lieu of Hearing. The Board may, with or without holding a hearing and at any time prior to rendering its Decision, accept from the affected party an Assurance of Voluntary Compliance in lieu of further proceedings, subject to such terms and conditions as may appear reasonable.
8. MANAGEMENT OF COMMUNITY AND ASSOCIATION.
8.1. Management by Board of Directors.
The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by the Governing Law or the Governing Documents required to be exercised or accomplished by the Association through a vote of the Owners. The Board of Directors is charged with the responsibility for formulating and adopting all policy decisions affecting the Community.
8.2. Professional Management.
8.2.1. Manager. The Board of Directors should employ or otherwise engage the services of a "Managing Agent" or "Manager" (which terms shall be synonymous herein) at a compensation to be established by the Board.
(a) Requirements. Any Manager shall be a bona fide business enterprise that manages common interest residential communities. Such firm or its principals shall have a minimum of two years’ experience in real estate community management and shall employ persons possessing a high level of competence in the technical skills necessary to proper management of the Association and the common property of the Community. The Manager must be able to advise the Board of Directors regarding the corporate and administrative operations of the Association and shall employ or retain personnel knowledgeable in the areas of common interest community insurance and accounting, contract negotiations, and maintenance of corporate records.
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(b) Duties. The Manager shall perform such duties and services as the Board of Directors shall direct. The Manager shall perform all such duties and services relating to the management of the Property, maintaining the Association's Records and finances, observing the rights of Mortgagees, administering reserve funds and any and all other management obligations, in compliance with the provisions of the Declaration and these Bylaws.
8.2.2. Management Standards. The Board of Directors shall impose appropriate standards of performance upon the Manager. Unless the Manager is instructed otherwise by the Board of Directors, the following minimum standards apply:
(a) the accrual method of accounting shall be employed, and expenses required by the Declaration or these Bylaws to be charged to one or more, but fewer than all Owners, shall be accounted for separately as required under Subsection 8.4.1 hereof;
(b) two or more persons shall be responsible for handling cash to maintain adequate financial control procedures;
(c) cash accounts of the Association shall be maintained in insured accounts maintained in the name of the Association in financial institutions located within the State of Washington, and shall not be commingled with accounts of any other person or party;
(d) the bank in which the Association’s funds are deposited shall send copies of the monthly bank statements directly to the Association and not to the Manager;
(e) no remuneration shall be accepted by the Manager from vendors, independent contractors or others providing goods or services to the Association whether in the form of commissions, finders fees, service fees or otherwise; any discounts received shall benefit the Association;
(f) any financial or other interest that the Manager may have in any firm providing goods or services to the Association shall be disclosed promptly to the Board of Directors;
(g) a financial report shall be prepared for the Association at least quarterly containing the information required under Section 8.4.1 of these Bylaws;
(h) the Manager shall maintain separate records and bank accounts for each condominium association or other common interest community owners' association that uses its services, and shall not have the authority to draw checks upon or to transfer funds from this Association's reserve accounts, except as provided in Section 8.3.3 hereof; and
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(i) the Manager shall assist the Board in preparation of its Annual Budget for operating expenses and reserves, and shall periodically advise the Board on the adequacy of the Association's reserves for repair, renovation and replacement of the Common Elements and other capital expenditures.
8.2.3. Scope of Delegation. The Board of Directors may delegate to the Managing Agent all of the powers granted to the Board of Directors of the Association by law EXCEPT the powers to amend the Governing Documents, to make Assessments against Lot Owners or determine the manner for doing so, to open bank accounts for the Association or to designate the signatories thereon, to borrow money on behalf of the Association, or to acquire any real property, or any personal property with a value in excess of Five Hundred Dollars, in absence of a special resolution of the Board.
8.2.4. Management Agreement. In the event that the Board enters into a management agreement with a professional Manager or Managing Agent, said agreement shall be in writing, shall contain reasonable terms and conditions for management and compensation therefor, and shall contain provisions authorizing termination of the agreement without penalty by the Association upon sixty (60) days’ written Notice for convenience or thirty (30) days' written Notice for cause, and shall not exceed a term of one (1) year, renewable by agreement of the parties for successive one-year periods. No management agreement shall contain provisions that ignore or contradict the language of this Subsection – any such provisions are void.
8.2.5. Indemnity. Any Manager engaged by the Association shall agree to indemnify the Association for loss or damage resulting from the sole or concurrent negligence or wrongful conduct of the Manager.
8.3. Bank Accounts for Operations and Reserves.
8.3.1. Insured Accounts - Maintained Within State. The Board of Directors shall promptly deposit all sums collected for operating expenses or reserves in insured accounts with reputable financial institutions. Accounts in the name of the Association over which a Managing Agent has any control must be maintained in a financial institution located in the State of Washington.
8.3.2. Commingling Prohibited. Amounts collected by the Board of Directors as Assessments against the Lots for operating expenses or Reserves shall not be commingled with funds of any other common interest community owners' association, nor with the funds of any Manager or any other person, or be kept in any trust account or custodial account in the name of any trustee or custodian.
8.3.3. Reserve Accounts. Any reserve funds shall be kept in one or more segregated, interest bearing accounts, and any transaction affecting such funds, including the issuance of checks, shall require the signatures of at least two persons who are Officers or Directors of the Association. Deposits may be made by the Manager into the reserve account, but withdrawals may not be made by a Manager.
8.4. Association Records.
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8.4.1. Financial Records. The Treasurer, with the assistance of the Association's Manager and accountant, shall keep financial Records in accordance with generally accepted accounting principles, sufficiently detailed to enable the Association to fully satisfy its obligations to provide standard “resale certificates” to prospective purchasers of Lots in the Community, as required by the Governing Law and to comply with Section 9.1 of these Bylaws. The Association must establish and maintain its accounts and Records in a manner that will enable it to credit Assessments for Common Expenses and Specially Allocated Expenses, including allocations to reserves, and other income to the Association, and to charge expenditures to the accounts of the appropriate Lots in accordance with the provisions of the Declaration. At minimum, such Records shall include:
(a) an "income statement" reflecting all income and expense activity for the preceding quarter on an accrual basis;
(b) an "account activity statement" reflecting all receipt and disbursement activity for the preceding quarter on a cash basis;
(c) an "account status report" reflecting the status of all accounts in a “budget versus actual" format;
(d) a "balance sheet" reflecting the financial condition of the Association on an unaudited accrual basis;
(e) a "budget report" reflecting any actual or pending obligations that are in excess of budgeted amounts by an amount exceeding the operating reserve or ten percent of a major budget category (as distinct from a specific line item in an expanded chart of accounts); and
(f) a "delinquency report" listing all Owners who are delinquent in paying Common Expense Assessments and describing the status of any actions to collect such Assessments.
8.4.2. Other Records. The Secretary, with the assistance of the Association's Manager, shall compile and maintain the following additional Records, documents and things of the Association:
(a) The current Budget, detailed Records of receipts and expenditures affecting the operation and administration of the Association, and other appropriate accounting Records within the last seven years;
(b) Minutes of all Meetings of its Lot Owners and Board other than Executive Sessions, a Record of all actions taken by the Lot Owners or Board without a Meeting, a Record of all actions taken by a Committee in place of the Board on behalf of the Association and, if applicable, the separate Book of Resolutions described in Section 6.6 hereof;
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(c) The names of current Lot Owners, addresses used by the Association to communicate with them including physical addresses, telephone numbers, emergency contact information and e-mail addresses, if known, and the number of votes allocated to each Lot;
(d) Its original or restated Declaration, Plat Map, Organizational Documents, all amendments to the Declaration, Plat Map and Organizational Documents, and all Rules currently in effect;
(e) All financial statements and tax returns of the Association for the past seven years;
(f) A list of the names and addresses of its current Board members and Officers;
(g) Its most recent annual report delivered to the Secretary of State, if any;
(h) Financial and other Records sufficiently detailed to enable the Association to comply with RCW 64.90.640;
(i) Copies of contracts, including leases, to which it is or was a party within the last seven years;
(j) Materials relied upon by the Board or any Committee to approve or deny any requests for design or architectural approval for a period of seven years after the decision is made;
(k) Materials relied upon by the Board or any Committee concerning a decision to enforce the Governing Documents for a period of seven years after the decision is made;
(l) Copies of insurance policies under which the Association is a named insured;
(m) Any current warranties provided to the Association;
(n) Copies of all Notices provided to Lot Owners or the Association in accordance with the Governing Law or the Governing Documents; and
(o) Ballots, proxies, Absentee Ballots, and other Records related to voting by Lot Owners for one year after the election, action, or vote to which they relate.
(p) An inventory of all tangible personal property of the Association;
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(q) A copy of the Declarant's plans and specifications utilized in the construction of the Community, if available;
(r) A roster of all known tenants and their respective addresses, telephone numbers, emergency contact information and e-mail addresses, if known;
(s) The Association’s current Reserve Study and all updates thereto; and
(t) A roster of all Eligible Mortgagees and their addresses, telephone numbers and e-mail addresses, if known.
8.4.3. Ownership of Records, Inspection. Subject to the provisions of Subsections 8.4.4 and 8.4.5, all Records required to be retained by the Association must be made available for examination and copying by all Lot Owners, holders of mortgages on the Lots, and their respective authorized agents as follows, unless agreed otherwise: (a) During reasonable business hours or at a mutually convenient time and location; and (b) At the offices of the Association or its Managing Agent.
8.4.4. Exemptions from Disclosure. Records retained by the Association may be withheld from inspection and copying to the extent that they concern:
(a) Personnel and medical records relating to specific individuals;
(b) Contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated;
(c) Existing or potential litigation or mediation, arbitration, or administrative proceedings;
(d) Existing or potential matters involving federal, state, or local administrative or other formal proceedings before a governmental tribunal for enforcement of the Governing Documents;
(e) Legal advice or communications that are otherwise protected by the attorney-client privilege or the attorney work product doctrine, including communications with the Managing Agent or other agent of the Association;
(f) Information the disclosure of which would violate a court order or law;
(g) Records of an Executive Session of the Board;
(h) Individual Lot files other than those of the requesting Lot Owner;
(i) Unlisted telephone number or electronic address of any Lot Owner or resident;
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(j) Security access information provided to the Association for emergency purposes; or
(k) Agreements that for good cause prohibit disclosure to the Members.
8.4.5. Additional Requirements Associated with Disclosure. (a) The Association may charge a reasonable fee for producing and providing copies of any Records under this Section 8.4 and for supervising the Lot Owner's inspection; (b) A right to copy Records under this Section includes the right to receive copies by photocopying or other means, including through an electronic transmission, if available, upon request by the Lot Owner. (c) The Association is not obligated to compile or synthesize information; and (d) Information provided pursuant to this Section may not be used for commercial purposes.
8.4.6. Records in Possession of Manager. The Association's Managing Agent must deliver all of the Association's original books and Records to the Association immediately upon termination of its management relationship with the Association, or upon such other demand as is made by the Board. A Managing Agent may keep copies of the Association’s Records at its own expense.
8.5. Audit of Records and Reconciliation of Accounts Required Annually.
8.5.1. Annual Audit. The Association must prepare, or cause to be prepared, at least annually, a financial statement of the Association in accordance with accrual based accounting practices. The financial statements of associations with annual Assessments of fifty thousand dollars or more must be audited at least annually by a certified public accountant. In the case of an association with annual Assessments of less than fifty thousand dollars, an Annual Audit is also required but may be waived annually by Lot Owners, other than the Declarant, of Lots to which a majority of the votes in the Association are allocated, excluding the votes allocated to Lots owned by the Declarant. In the event the Lot Owners lawfully vote to waive the Annual Audit, the Association may employ an accountant or a Committee of the Members to conduct a review of the Association's financial Records.
8.5.2. Annual Reconciliation of Accounts. To assure that the Lot Owners are correctly assessed for the actual expenses of the Association, the accounts of the Association must be reconciled at least annually unless the Board determines that a reconciliation would not result in a material savings to any Lot Owner.
8.5.3. Audit upon Transfer of Control. Within sixty days of the Transition Meeting, the Board must retain the services of a certified public accountant to audit the Records of the Association as the date of the Transition Meeting in accordance with generally accepted auditing standards unless the Lot Owners, other than the Declarant, to which a majority of the votes are allocated elect to waive the audit. The cost of the audit must be a Common Expense. The accountant performing the audit must examine supporting documents and Records, including the cash disbursements and related paid invoices, to determine if expenditures were for Association purposes, and must also examine the billings, cash receipts, and related Records to determine if the Declarant was charged for and paid the proper amount of Assessments.
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9. RESALE OF LOTS.
9.1. Resales of Lots – Obligation to Furnish Resale Certificate.
9.1.1. Resale of Lot by Lot Owner. Except in the case of a sale when delivery of a public offering statement is required, or unless exempt under RCW 64.90.600(2), a Lot Owner must furnish to a purchaser before execution of any contract for sale of a Lot, or otherwise before conveyance, a resale certificate, signed by an Officer or authorized agent of the Association and based on the books and records of the Association and the actual knowledge of the person signing the certificate, containing all information required under RCW 64.90.640(1).
9.1.2. Association’s Obligations. The Association, within ten days after a request by a Lot Owner, and subject to the payment of any fees described below in Section 9.2 hereof, must furnish a resale certificate signed by an Officer or authorized agent of the Association and containing the information necessary to enable the Lot Owner to comply with this Section 9.1. A Lot Owner is not liable to the purchaser for any erroneous information provided by the Association that is included in the certificate.
9.1.3. Liability for Errors. An Owner providing a certificate pursuant to Subsection 9.1.1 is not liable to the purchaser for any erroneous information provided by the Association and included in the certificate.
9.1.4. Limitation of Parties’ Liability. A purchaser is not liable for any unpaid Assessment or fee greater than the amount set forth in the certificate prepared by the Association. An Owner is not liable to a purchaser for the failure or delay of the Association to provide the certificate in a timely manner, but the purchaser's contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever occurs first.
9.2. Fee for Preparation of Certificate.
The Board of Directors may impose a reasonable fee, not to exceed $275.00 or any higher amount permitted by law as provided in Section 13.5 hereof, to furnish all the information required in accordance with Section 9.1.1, and payment thereof shall be a prerequisite to the issuance of any such statement. The Association may charge a Lot Owner a nominal fee not to exceed one hundred dollars for updating a resale certificate within six months of the Lot Owner's initial request.
10. AMENDMENT OF BYLAWS.
10.1. Amendment of Bylaws.
10.1.1. General Provisions. Amendments to the Bylaws may be adopted by the vote of at least two-thirds of the Owners present, in person or by proxy, at a duly constituted Meeting of the Association at which a Quorum is present, or without any Meeting if all Owners have been duly notified and Owners holding at least a majority of the total votes in the Association
33
consent in writing to such amendment. All proposed amendments shall be submitted to the Owners for consideration in a Record. Amendments may be proposed by the Board of Directors or by petition signed by Owners holding at least fifty percent (50%) of the votes in the Association.
10.1.2. Provisions Affecting Declarant. Section 5.1, insofar as it relates to the selection of members of the Board of Directors by the Declarant, may not be amended without the consent in writing of the Declarant, so long as the Declarant shall be an Owner. Furthermore, so long as the Declarant is the Owner of one or more Lots, no amendment to the Bylaws or Rules may be adopted which could interfere with any Special Declarant Rights reserved in the Declaration or provided to the Declarant under the Act. The Declarant reserves the right to amend these Bylaws so long as there is no Owner other than the Declarant.
10.2. Consent of Mortgagees.
No amendment to these Bylaws, the object of which is to change any of the rights, obligations or duties of the Association or Owners as to any matters for which the consent of any Mortgagee is required under Section 15.2 of the Declaration, shall be valid absent the consent of such Mortgagees as may be required thereby.
11. NOTICE.
11.1. Manner of Notice.
Notice to Owners shall be provided in the manner described in Section 4.7.3 hereof. Notice of Directors' Meetings shall be given as prescribed in Section 5.3.5 hereof. Eligible Mortgagees may be entitled to Notice pursuant to Section 15.2 of the Declaration.
11.2. Waiver of Notice.
Whenever any Notice is required to be given under the provisions of the Governing Law, the Declaration or these Bylaws, a Waiver thereof, in a Record signed by the person or persons entitled to such Notice, whether signed before or after the time stated therein, shall be deemed equivalent thereto pursuant to RCW 24.06.505.
12. MISCELLANEOUS.
12.1. Compliance with Law.
These Bylaws are set forth in compliance with the Governing Law, the Corporation Law and the Declaration.
12.2. Severability.
All provisions of the Bylaws are severable. If any provision of these Bylaws or of the Governing Documents, or its application to any person or circumstances, is held invalid, the remainder of the affected document or application to other persons or circumstances is not affected.
34
EXHIBIT IV
ARTICLES OF INCORPORATION
I, KIM WYMAN, Secretary of State of the State of Washington and custodian of its seal, hereby issue this
ARTICLES OF INCORPORATION
to
WOODS POINT COMMUNITY ASSOCIATION
A WA MISCELLANEOUS AND MUTUAL CORPORATION, effective on the date indicated below.
Effective Date: 08/15/2019 UBI Number: 604 483 436
Given under my hand and the Seal of the State of Washington at Olympia, the State Capital
Kim Wyman, Secretary of State
Date Issued: 08/15/2019
FILEDFILEDFILEDFILED Secretary of State State of WWashingtonashington Date Filed: 08/15/2019 EfEffectivefective Date: 08/15/2019 UBI No: 604 483 436
Work Order #: 2019081400405470 - 1 Received Date: 08/13/2019 Page: 1 of 7 Amount Received: $80.00 Work Order #: 2019081400405470 - 1 Received Date: 08/13/2019 Page: 2 of 7 Amount Received: $80.00 Work Order #: 2019081400405470 - 1 Received Date: 08/13/2019 Page: 3 of 7 Amount Received: $80.00 Work Order #: 2019081400405470 - 1 Received Date: 08/13/2019 Page: 4 of 7 Amount Received: $80.00 Work Order #: 2019081400405470 - 1 Received Date: 08/13/2019 Page: 5 of 7 Amount Received: $80.00 Work Order #: 2019081400405470 - 1 Received Date: 08/13/2019 Page: 6 of 7 Amount Received: $80.00 Work Order #: 2019081400405470 - 1 Received Date: 08/13/2019 Page: 7 of 7 Amount Received: $80.00
EXHIBIT V
2020 BUDGET
Woods Point Community Association Budget 2020 (42 Lots*) Adopted April 21, 2020 Year 2020 Monthly 2020 Budget Budget HOA Dues $ 113,400.00 $ 9,450.00 Reserves ** ** TOTAL $ 113,400.00 $ 9,450.00 $ 2,700.00 $ 225.00
Administrative 6-1107 Insurance $ 2,400.00 $ 200.00 6-1102 Management Fee $ 6,000.00 $ 500.00 6-1102 Office Expense $ 150.00 $ 12.50 6-1461 Licensing $ 10.00 $ 0.83 6-1461 Tax Preparation $ 200.00 $ 16.67 6-1495 Legal $ 300.00 $ 25.00 6-5674 Reserve Study $ 1,200.00 $ 100.00 Total Administrative $ 10,260.00 $ 855.00
Grounds/Maintenance 6-1130 Landscaping $ 62,000.00 $ 5,166.67 6-1140 Wooded Tract Maint. Tract G $ 10,000.00 $ 833.33 6-1141 Wetland Monitoring $ 1,000.00 $ 83.33 6-1133 Irrigation Repairs $ 500.00 $ 41.67 6-2100 General Common Maint. $ 500.00 $ 41.67 6-1145 Stormwater Maint. $ 2,500.00 $ 208.33 6-2105 Fence Maint. $ 500.00 $ 41.67 6-2119 Gate Operators/Maint $ 2,000.00 $ 166.67 6-5672 Snow Removal $ 3,500.00 $ 291.67 Total Grounds/Maint. $ 82,500.00 $ 6,875.00
Utilities 6-5620 Electricity $ 1,100.00 $ 91.67 6-5632 Irrigation Water $ 1,000.00 $ 83.33 Total Utilities $ 2,100.00 $ 175.00 $ - 6-5671 Contingency $ 18,540.00 $ 1,545.00
Clubhouse - Future Expense
Total Operating Budget $ 113,400.00 $ 9,450.00 Reserves ** ** $ 113,400.00 $ 9,450.00 * This budget is for initial planning purposes only and is an estimation for future needs of the Association with 75 lots* ** The Declarant has decided to initially delay commencement of assessments, therefore no contributions will be made to Reserves.
EXHIBIT VI
BALANCE SHEET – NONE AS OF YET
EXHIBIT VII
HOME BUILDER’S LIMITED WARRANTY (SAMPLE)
EXHIBIT VII
SAMPLE OF HOME BUILDER’S LIMITED WARRANTY
Limited Warranty:
A. The Warranty. Seller warrants that it will repair or replace at Seller’s expense any of its work that becomes non- operational or non-functional after closing. This warranty does not apply to issues of workmanship, aesthetics, conformity of work to the specifications, or to claims asserted by the Buyer for defective or incomplete work. Those items must be addressed by Buyer at the time of the walk through and/or prior to closing and identified on the Punch List. Seller may hire another person or company to perform Seller’s warranty work. The decision of whether Seller or another company performs Seller’s warranty work shall be made exclusively by Seller. If Buyer contracts with another person or company repair or replace Seller’s work without Seller’s written consent, Buyer shall not be entitled to any credit from Seller and shall remain obligated to the Seller for the full price of the home.
B. Twelve Month Period. Seller’s warranty shall expire twelve (12) months from closing. Warranty work shall not extend the period for Buyer to file a claim.
C. Notice Procedure. Seller must be given written notice of a warranty claim before the twelve (12) month warranty period expires. No claim or action may be made for any warranty claim that is not delivered in writing to Seller before the twelve (12) month warranty period expires.
D. Additional Four Months for Lawsuit Filing. Any claim or lawsuit that is filed against Seller alleging a breach of warranty must be filed in a court of competent jurisdiction no later than four (4) months after expiration of the twelve (12) month warranty; otherwise, any such claims or lawsuit shall be time-barred.
E. Manufacturer’s Warranty. Seller’s warranty applies only to Seller’s work. Seller’s warranty does not apply to manufactured or consumer items such as roofing materials, appliances, heating and mechanical systems, fixtures or equipment. In the event that Buyer encounters a defect in a manufactured or consumer product, Seller shall assist Buyer in securing repair or replacement of such product pursuant to the relevant manufacturer’s or distributor’s warranty.
F. Nontransferability. This warranty is neither transferable nor assignable by either party. This prohibition against transfer or assignment applies not only to the transfer of rights to compel performance but also to the transfer of any claim or cause of action, including but not limited to claims for breach of contract, breach of warranty, tort and indemnification.
G. Warranty is Exclusive. This warranty is given to Buyer as Seller’s sole and exclusive warranty and in lieu of any and all other warranties that may arise by operation of law.
H. Exclusions From Warranty.
1) Manufactured or consumer products such as roofing materials, appliances, hardware, windows, heating and mechanical systems, fixtures, etc. are not separately warranted by Seller. In the event that Buyer encounters a defect in a manufactured or supplied product, Seller shall assist Buyer in securing the repair or replacement of such product pursuant to the particular manufacturer’s or distributor’s warranty. 2) Concrete or mortar cracks caused by normal expansion and contraction that do not substantially impair structural elements. 3) Cracking in sheetrock and/or drywall 1/16th inch in width or less. 4) Nail pops and blushers not readily visible at a distance of six (6) feet or more under normal lighting conditions.
5) Open joints or separations between floorboards on finished wood 1/8th Inch in width or less. 6) Cracking in paint due to expansion/contraction of materials. 7) Warpage, cupping or shrinking of hardwood floors. Hardwood floors are beautiful but have drawbacks, including warpage, cupping or shrinkage. A moisture variation of as little as 2% may warp or cup hardwood flooring. Seller will be responsible for hardwood floors until occupancy. Buyer will assume responsibility for any warping or cupping not stated on the Punch List. Specifically excluded from any warranty coverage is any hardwood flooring in the kitchen or bathroom(s). In using real wood, there will be variations in color, grain and texture. 8) Mold, mildew, moss and fungi are inevitable in the Pacific Northwest. Seller does not warrant against mold, mildew, moss, fungi, or insects. 9) Warpage of doors due to temperature differential or temperature changes unless the doors become inoperable or cease to be weather resistant. 10) Discoloration and erosion of tile grout. 11) Expansion and contraction of the siding. Buyer should be aware that siding does change dimension with changing weather conditions, swelling in wet weather and shrinking in dry. Furthermore, the siding may shrink vertically to expose thin, unpainted siding below the butt of the beveled siding, a condition for which Seller offers no warranty. 12) Cracking of wood. Wood will sometimes crack, check, or “spread apart” because of the drying out process. This condition is most often caused by the heat inside of the structure or exposure to the sun on the outside of the structure. Buyer is responsible for any resulting maintenance or repairs. 13) Cracking or bleeding of caulking. Exterior caulking and interior caulking in bath tubs, shower stalls, ceramic tile surfaces, and countertops will crack or bleed somewhat in the months following installation. These conditions are normal and should not be considered a problem, and maintenance or repairs are Buyer’s responsibility. 14) Variation in stain. All items that are stained will normally have variation of colors due to the different textures and species of wood. Because of weather changes, doors that have panels will sometimes dry out and leave a small space of bare wood. These normal conditions are not considered defects. 15) Exterior. This warranty does not cover landscaping, grading, bulkheads, earth movement or instability of soil or earth, or freezing of hose bib outlets, warpage of exterior French doors or store doors. 16) Interior. This warranty does not cover adjustments to pocket doors or shower doors.
SEE PUBLIC OFFERING STATEMENT FOR
EXHIBIT I
DECLARATION
SEE PUBLIC OFFERING STATEMENT FOR
EXHIBIT I
DECLARATION SEE PUBLIC OFFERING STATEMENT FOR
EXHIBIT III
BYLAWS SEE PUBLIC OFFERING STATEMENT FOR
EXHIBIT III
BYLAWS
SEE PUBLIC OFFERING STATEMENT FOR
EXHIBIT II
SURVEY MAP AND PLANS
SEE PUBLIC OFFERING STATEMENT FOR
EXHIBIT II
SURVEY MAP AND PLANS
April 21
April 21 Exhibit A
Woods Point Community Association Budget 2020 (42 Lots*) Adopted April 21, 2020 Year 2020 Monthly 2020 Budget Budget HOA Dues $ 113,400.00 $ 9,450.00 Reserves ** ** TOTAL $ 113,400.00 $ 9,450.00 $ 2,700.00 $ 225.00
Administrative 6-1107 Insurance $ 2,400.00 $ 200.00 6-1102 Management Fee $ 6,000.00 $ 500.00 6-1102 Office Expense $ 150.00 $ 12.50 6-1461 Licensing $ 10.00 $ 0.83 6-1461 Tax Preparation $ 200.00 $ 16.67 6-1495 Legal $ 300.00 $ 25.00 6-5674 Reserve Study $ 1,200.00 $ 100.00 Total Administrative $ 10,260.00 $ 855.00
Grounds/Maintenance 6-1130 Landscaping $ 62,000.00 $ 5,166.67 6-1140 Wooded Tract Maint. Tract G $ 10,000.00 $ 833.33 6-1141 Wetland Monitoring $ 1,000.00 $ 83.33 6-1133 Irrigation Repairs $ 500.00 $ 41.67 6-2100 General Common Maint. $ 500.00 $ 41.67 6-1145 Stormwater Maint. $ 2,500.00 $ 208.33 6-2105 Fence Maint. $ 500.00 $ 41.67 6-2119 Gate Operators/Maint $ 2,000.00 $ 166.67 6-5672 Snow Removal $ 3,500.00 $ 291.67 Total Grounds/Maint. $ 82,500.00 $ 6,875.00
Utilities 6-5620 Electricity $ 1,100.00 $ 91.67 6-5632 Irrigation Water $ 1,000.00 $ 83.33 Total Utilities $ 2,100.00 $ 175.00 $ - 6-5671 Contingency $ 18,540.00 $ 1,545.00
Clubhouse - Future Expense
Total Operating Budget $ 113,400.00 $ 9,450.00 Reserves ** ** $ 113,400.00 $ 9,450.00 * This budget is for initial planning purposes only and is an estimation for future needs of the Association with 75 lots* ** The Declarant has decided to initially delay commencement of assessments, therefore no contributions will be made to Reserves.
Architectural Review & Design Guidelines
Proposed property improvements are subject to Declaration Article IX PERMITTED USES: ARCHITECTURALCONTROL. The Board of Directors (“the Board”) has determined that initially primarily only vertical structures and modification to landscaping or fencing will require application review and approval. It is the Owner’s responsibility to research the City of Ferndale codes and building permit requirements. Compliance with local laws and codes is the sole responsibility of Owners. Note that these Guidelines supplement other requirements included in Article IX. The Board is not liable for any action or inaction done in good faith and in consideration of the overall aesthetics and good of the community in general.
Submittal Procedures
Proposed construction and modifications must be submitted for Board review with a completed project Application (attached) prior to the start of construction, and must include the following: Project summary (materials, specifications, colors, and detailed diagrams), including a 1 site plan indicating current structures and impervious surfaces. Drawings must be at /8 1 or /4 inch scale to the linear foot. Brochures and/or photos, if applicable. The Board shall have at least 14 days to review the Application before responding in writing to the Applicant by either 1) approving, 2) approving with conditions, or 3) disapproving. Upon approval, a property improvement project commenced must be completed within a timely manner, which may be subject to Board of Directors evaluation and discretion.
If an Application is disapproved, the applicant may request a variance to the Board of Directors in writing as provided in 9.2.5 Authority to Grant Variances.
Woods Point Association: Architectural Review & Design Guidelines June, 2020 Page 1 of 4 Design Guidelines and Standards
Fences and Gates Fences must conform with the style and design of fences currently in the community and may not exceed 6 ft. in height. (Fence construction specs attached.) Fences shall be stained with a wood preservative to match the color of existing fencing (Flood CER UC 5 Oil – Cedar Tone). Under no circumstances will a fence be allowed to weather.
Storage Sheds and Accessory Structures ARC approval is required for all permanent storage sheds and other outbuildings. Temporary structures are prohibited. The application should include an accurate depiction of the structure, including dimensions, location, materials and color. The size and style of the accessory structure must be appropriate for the size of the home and lot, and in keeping with the character of the community. Sheds must be placed on pier blocks, concrete or paver foundation, with a minimum setback of five (5) feet from the rear and side property lines.
Trellis, Arbors, Pergolas, Awnings, etc. The Application must include a detailed depiction of the structure (including the materials, dimensions, location and color).
The design of the structure must fit the character of the home and community. Antennae, Poles & Satellite Dishes Approval for satellite dishes is unnecessary if the dish is not larger than 36” in diameter, if it is installed in an inconspicuous location, and if the color and finish of the dish minimize its visibility. Also see 9.1.11 Television and Radio Antennas, Dishes. Flag poles must be submitted for approval and may not be placed in a manner that may infringe on neighboring lot views or in no case exceed the roof peak height of the home, i.e. the location of the pole lines up with the home’s highest peak. Approval is not required for a single bracket attached to the home. Also see Article 9.1.6 Signs and Flags.
Dog Runs & Dog Houses
Applications are required for dog runs/houses and must include a detailed depiction of the proposed area and construction materials. Also see Article 9.17 Animals. Woods Point Association: Architectural Review & Design Guidelines June, 2020 Page 2 of 4 Dog runs/houses shall be located behind the home, or behind a fence and as close to the home as possible. The size and style of the dog run and/or house must be appropriate for the size of the home and lot, and in keeping with the character of the community. Please be considerate of neighbors and ensure sight, smell, and noise are not offensive--the Board retains discretion on interpreting “offensive.”
Parking & Storage of Vehicles, Boats & Trailers
Per Article 9.1.5 Parking of Recreational Vehicles, all RVs, trailers, boats, etc. must be kept within a garage, approved accessory structure, or parked behind a fence and screened from view.
Vegetation & Landscaping
Ensure trees and shrubs are maintained so as not to encroach on neighboring yards or common areas. No later than one (1) year from planting, any support poles or structures intended to support early growth shall be removed. Exterior Colors All exterior colors must be approved by the Board. No Application is required for re-painting of the same (previously approved) color(s). Outdoor Kitchens, Barbeques and Firepits Outdoor kitchens and barbeques may not be located or utilized in front yards. Ensure fire safety measures are in place and be sensitive to neighbors in the use of outdoor burning and cooking. Note: WAC 173-425, RCW 70.94 and Northwest Clean Air Agency (NWCAA) Regulation 502 apply. Smoke, odor or ash that unreasonably impacts neighboring properties is illegal.
Woods Point Association: Architectural Review & Design Guidelines June, 2020 Page 3 of 4 Revisions
The Board of Directors may amend or revise the provisions of these Design Guidelines if there is a demonstrated need or legal requirement. However, no such amendments will take effect until the Board has approved the changes by Resolution, and such changes will not affect any projects approved by the Board prior to the enactment of the change.
Note: Application approval for one applicant does not necessarily represent a precedent which removes the necessity of further Applications for the same or similar project for other homeowners, nor does it ensure that the same or similar project will be approved.
Woods Point Association: Architectural Review & Design Guidelines June, 2020 Page 4 of 4 STAIN COLOR - Flood CER UC 5 Oil - Cedar tone Woods Point Community Association Architectural and Landscape Changes Requiring Board Approval Architectural and Landscape Changes Request Form
For Exterior Home and Landscape Improvements or Changes
Board approval is required for improvements, changes and/or modifications to the landscaping or the outside of your house or property as specified in the CC&Rs. This form is the application for seeking approval. The Architectural Review Committee (“ARC”) will review your request and will provide a recommendation to the Board. You should receive a response within 14 days after your completed application, including all attachments, is received. Written approval from the Board, by signature on page 2 of this form, is required before work can begin.
Questions? Direct to Stephanie Lewis (360) 738-3700 or via email to [email protected]. Also, info/email her assistant Destiny Lundy at [email protected].
Homeowner(s) (please print): Address: Lot #: Phone: Email Address
Brief Description of Project: (Attach another sheet as necessary) List colors, materials, square footage, measurements etc. Examples of improvements requiring ARC approval are: Painting Fence, Hot Tub, Retaining wall, Water Feature, Awning, Shed, Patio, Deck, Landscaping changes hedges, trees concrete, satellite Dish installation if visible from street:
Attach the Following for Review 1. A site plan showing the location of the change or improvement and all dimensions including distances from property lines, easements, and existing structures. 2. List colors, materials, siding, roofing, square footage, measurements, etc. 3. Any pertinent details regarding your project (as applicable): pictures, plans, specifications, drawings, photographs, paint chips, impervious surface calculation, materials, etc. 4. If applicable, Contractor's construction agreement, including Contractor's License# and Contact Information
Project Information 1. Project Start Date: 2. Approximate time for completion of project? 3. Who will be doing the work? 4. Is a Permit required? Is it obtained? See Item 1. under “Additional Information” below. 5. Will this impact the common areas? 6. Will this impact neighbors? Yes or No. If YES, please have neighbors sign in section below. Neighbor Acknowledgement (A neighbor’s signature does not imply approval of the modification; only that the neighbor has been made aware of this modification request.) Signature Address: Signature Address: Signature Address:
WOODS POINT COMMUNITY ASSOCIATION ARC APPLICATION Page | 1 June 2020 ADDITIONAL INFORMATION: 1. Approval does not constitute approval to proceed if the required work permits and/or approvals have not been obtained. Please be advised that Board approval does not constitute approval by the city, county or any other agency with governing jurisdiction. Nor does the ARC or Board review applications for structural integrity. It is the responsibility of the applying homeowner to contact the local jurisdiction to ensure that all projects meet code and have all other necessary permits/approvals prior to beginning the project. 2. Washington law requires you to “Call Before You Dig”, prior to any digging or excavation to protect you and underground utilities. (www.callbeforeyoudig.com, 1‐800‐424‐5555). 3. Please allow 14 days for review and approval from the date of your submittal is received. Work started before receipt of approval is done at your risk, and if the project cannot be approved, the affected area will have to be “returned to its original condition”. Approval must be received in writing. 4. Property access for ARC representatives might be required to review the project. (The Association representatives will contact the owners in advance if this is required.) 5. All contractors must abide by policies established by the County/City and the Association pertaining to access, hours of work, noise and cleanup. 6. All improvements must be started within 6 months after the approval date and substantially completed within 5 months of the start of the project, unless otherwise approved by the Committee/Board. 7. Include with application form any details regarding your project, including but not limited to: paint color chips, a brochure, drawing or project plan.
I (we) understand that I have sole responsibility for obtaining all necessary permits and/or approvals, calling underground utility locator service, and complying with all setbacks and easements. The information above is complete and accurate. I (we) further agree to comply with the description/diagram, as well as any stipulations for approval or disapproval, which apply to this proposed project.
Signature of owner(s): Date: Date:
MAIL APPLICATION TO: Woods Point Community Association, C/O Son-Rise Property Management, 109 E Chestnut St, Bellingham WA 98225. Fax to: (360) 738-3737 OR EMAIL TO: [email protected]. PLEASE reference the Association’s Name in the subject line of all emails. *******FOR USE BY BOARD AND ASSOCIATION MANAGEMENT COMPANY*******
Date received by Association Management Company:
HOA Log No.
Action: Approved as submitted Approved as noted (see attached stipulations) Not approved: See attached explanation Application incomplete: See attached explanation
By Date: (Signature) Date Homeowner Notified of Decision:
WOODS POINT COMMUNITY ASSOCIATION ARC APPLICATION Page | 2 June 2020
SEE PUBLIC OFFERING STATEMENT FOR
EXHIBIT IV
ARTICLES OF INCORPORATION
SEE PUBLIC OFFERING STATEMENT FOR
EXHIBIT IV
ARTICLES OF INCORPORATION
Whatcom County, WA 2020 0102874 Tota1:$109.50 Pgs=7 • EASE 01/24/2020 03:04 PM Request of: NORTH BELLINGHAM BUNGALOWS 1111111111111111111111111111111111111111111111111 00202848202001028740070070
Upon recording, please return to:
City of Ferndale Attn: Planning Department P OBox 936 Ferndale. Washington 98248
DOCUMENT TITLE: Utility Easement
REFERENCE NUMBER OF RELATED DOCUMENT: NA.
GRANTOR: GREG & KRISTI KNUTSON, husband and wife
GRANTEES: CITY OF FERNDALE, a municipal corporation
ADD'L PARTIES: NA.
ABBREVIATED LEGAL DESCRIPTION: S 1acreN16 acres W Yz NW V.. SE V.. S 28, T39N, R2E and S 4 acres ofW Yz of NW V.. of SE V.. ofS 28, T39N, R2E.
ADDITIONAL DESCRIPTION ON PAGE 2 OF DOCUMENT
ASSESSOR'S TAX PARCEL NUMBERS: 390228 296141 0000
NUMBER OF PAGES INCLUDING Tms COVER SHEET: Y1 UTILITY EASEMENT CITY OF FERNDALE, WASIDNGTON
THE UNDERSIGNED, GREG & KRISTI KNUTSON, husband and wife, Grantor(s), their heirs, successors and assigns (hereinafter together referred to as "Grantor"), for the purpose of providing utility service to Grantor's property, hereby convey and grant to The City of Ferndale, its successors and assigns (hereinafter referred to as the "City"), from the following described property:
Township 39 North Range 2 East Section 28
Assessor's Parcel number 390228 296141 0000
Legal Description ofthe Property: The South one (1) acre ofthe North sixteen (16) acres ofthe West halfof the Northwest quarter ofthe Southeast quarter ofSection 28, Township 39 North, Range 2 East ofthe Willamette Meredian.; Situate in the County of Whatcom, State of Washington.
Also the South four (4) acres ofthe West halfof the Northwest quarter ofthe Southeast quarter ofSection 28, Township 39 North, Range 2 East ofthe Willamette Meridian, situate in Whatcom County, State of Washington.
A permanent easement over, across, along, in, upon and under the following described portion of the above-described property:
Legal Description of the Easement: See attached Exhibit A/or a legal description ofthe easement area and attached Exhibit B for an approximate depiction ofthe easement area, both of which Exhibits are attached hereto and incorporated herein by this reference.
The City shall have the right, without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon said property or easement and adjoining property owned by Grantor and its assigns and successors for the purpose of installing, constructing, operating, maintaining, improving, removing, repairing, replacing and using (sewer) and (water) mains, together with all connections and appurtenances thereto (the "Facility"), together with the right of ingress to and egress from that property for the foregoing purposes. The Grantors, by executing this Easement, and the City, by accepting and recording this Easement, do hereby mutually covenant and agree as follows: 1. The City shall, if either the property or easement is disturbed by the installation, construction, operation, improvement, maintenance, removal, repair, replacement or use of the Facility, restore the surface of the property or easement as nearly as possible to the condition in which it existed at the commencement of said installation, construction, operation, improvement, maintenance, removal, repair, replacement, use or other disturbance. 2. The City shall protect and save harmless Grantor from and against any and all claims, demands, loss, damage, expense and liability of every kind and description and for any damage to or loss or destruction of property suffered by Grantor, or by any persons, firms, or corporations, because of the maintenance of the Facility; provided, however, that this hold harmless provision shall not apply to Grantor's negligence, or to any damage or injury resulting from a violation of Paragraph 5 herein.
The City shall defend, protect, and save harmless Grantor from and against any and all claims, demands, loss, damage, expense and liability of every kind and description (including attorneys' fees and costs) and for any damage to or loss or destruction of property suffered by Grantor, or by any persons, firms, or corporations, arising out of or relating to the City's exercise of its rights under this Easement; provided, however, that this defense, indemnification, and hold harmless provision shall not apply to Grantor's negligence, or to any damage or injury resulting from a violation of Paragraph 5 herein.
FOR PURPOSES OF THE FOREGOING INDEMNIFICATION PROVISION ONLY, AND ONLY TO THE EXTENT OF CLAIMS AGAINST THE CITY BY THE GRANTOR UNDER SUCH INDEMNIFICATION PROVISION, THE CITY SPECIFICALLY WAIVES ANY IMMUNITY IT MAY BE GRANTED UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. THE INDEMNIFICATION OBLIGATION UNDER THIS EASEMENT SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE TO OR FOR ANY THIRD PARTY UNDER WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS, OR OTHER EMPLOYEE BENEFIT ACTS.
The foregoing provision was specifically negotiated and agreed upon by the parties hereto. City's Initials__ Grantor's Initials 6.J_-c..__
3. The Grantor warrants that the Grantor has good title to the above property and warrants the City title to, and quiet enjoyment of, the easement conveyed hereby. 4. All right, title and interest which may be used and enjoyed without interfering with the easement rights conveyed are reserved to the Grantor. The construction, installation or maintenance, after the date of this easement document, of structures of a permanent nature (1) Within the above-described permanent easement, or (2) Outside the aforementioned easements, but intruding into the easements so as to interfere with maintenance and repair of the Facility shall be deemed an encroachment upon the easement rights and as to such structures the provisions of Paragraphs 1 and 2 shall not apply; and, further, Grantor shall be obligated to remove the encroachments such as but not limited to fencing at Grantor's expense. 5. Grantor covenants that no digging, tunneling, or other form of construction activity shall be done on the easement or on Grantor's property which would disturb or damage the City's Facility, unearth or undermine the City's Facility or endanger the lateral support to the City's Facility. 6. The Grantor herein grants to the City, and to those acting under the direction or control of the City, the use of such additional area immediately adjacent to the easement necessary for the installation, construction, operation, maintenance, improvement, removal, repair or replacement of the Facility, together with the right to utilize adjoining lands belonging to the owner for the purpose of ingress to and egress; provided that such additional area shall be held to a minimum and returned to its original state by the City. 7. Should either party hereto, or their heirs or assigns, institute suit to enforce any covenant or right granted herein, the prevailing party shall recover its costs of litigation, including a reasonable attorney's fee. 8. The covenants contained herein are intended to and shall run with the land and shall benefit and bind the parties and their respective heirs, successors and assigns. Vttn ~ . 20-K:~ ~r:J
Grantor Signature
STATE OF WASHINGTON) ss. COUNTY OF WHATCOM ) I certify that I know or have satisfactory evidence that (;;:;:{ ~ l(._!J tc.:f! 011 is the person who appeared before me, and said person acknowledged that he/she signed tJ1i nstrument and acknowledged it to be his/her free and voluntary act for the uses and purposes m~ti_q(d in the instrument. Dated { I 't 2-0 U I
NAME: Sh<-1 ~ 15~ SHELLY BROCKETT (PrintNa e) Notary Public Notary Public in and for the State of State of Washington Washington, residing at 13 l ((. {'1 G / W~ My Commission Expires Commission Expires ( ~ z...1 { U> z.o December 27, 2020
STATE OF WASHINGTON) ss. COUNTY OF WHATCOM ) ~ , kn I certify that I know or have satisfactory evidence that Kr•Sf-) u,{":s Dn is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposesr,zy.t oned in the instrument. Dated t I W Z--0 I SHELLY BROCKETT NAME: .Sh(;{ {f 'f>~ Notary Public State of Washington (Print Name) My Commission Expires Notary Public in and for the State of December 27, 2020 Washington, residing at '13/a,t'hG-1 W/t- Commission Expires t"Z/( 7--1 {i.ou zz~~ day of ~M JA- 1-7 , 2-o2P for the CITY OF FERNDALE:
H"-- t;. Mayor
Approved as to Form:
~ Department Head- C ')
STATEOFWASHINGTON ) ) SS. COUNTY OF WHATCOM ) I certify that I know or have satisfactory evidence that \foe\ fl.A..trnlttO.rtl t:.f>i1n ~ is/are the person(s) who appeared before me and said person(s) acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act fo;Jt uses and purposes mentioned in the instrument. DATED this '2;. -- day of dZvn~ , UftD ~ - ~rivv61r .$"'';\:\.'''""'''''' GEAJi-~ 1 '111 PRINTED NAME ta-th~ tJ(aYhctrf: _:.::::- .nr~~~~SION """""'''•• ~1!11 ,.,,,;Arr,._ '11. ~ Notary Public in and for the State of - '.:'~ ~''1.1 ~ :: =~ oT~ ~~ ~ Washington, residing :; :o ~ J.. "'~ ~ .,,,. ~u ~ ..... ui~ -::, ~ ~ ~ """' at l'!11o13 YIBro. V\1 A- ~~ CJ>.~ i ~1. '°" B\;,c. .ff= 0~ :::: Commission Expires: ~I i_-~I 4~--1.-~\ ______1: 'i'.A '11,/'~·19·'1.~~11 ..c.;: : '11 ~ 11111"'"'''" ~(!) .::: 1,1 o/:' 'A'AS~~ $ ,,, 11,,'"'"'''"Vt' ~ ...... EXHIBIT "A"
LEGAL DESCRIPTION For Utility Easement
A Utility Easement lying over, under and across a portion of the Northwest quarter of the Southeast quarter of Section 28, Township 39 North, Range 2 East ofW.M., more particularly described as follows:
Beginning at a Found Brass Plug at the intersection of the centerline of Shields Road and the North boundary line of the Plat of Liberty Park, as recorded under Whatcom County Auditor's File number 2060101893, records of Whatcom County; Thence North 01°36'41" East along the West line of the East half of the Northwest quarter of the Southeast quarter of said Section 28, for a distance of225.10 feet; Thence South 28°10'36" West for a distance of 55.90 feet; Thence South 01°36'41" West for a distance of33.95 feet; Thence North 88°23'19" West for a distance of 8.34 feet; Thence South 01°36'41" West for a distance of33.73 feet; Thence South 88°23' 19" East for a distance of 8.34 feet; Thence South 01°36'41" West for a distance of 107.32 feet; Thence South 88°08' 52" East for a distance of 25 .00 feet to the Point of Beginning.
Situate in Whatcom County, Washington.
Prepared by Larry Steele & Associates, Inc. Land Surveyors 1334 King Street, Suite 1 Bellingham WA 98229 360-676-9350 Job #04719.2 November 20, 2019
S:l_LSA Project Files\_2019 Projects\2019-047.2 Landed Gentry Developmentl_Legal Descriptions\04719.2 Utility Esmt (112019).doc ~!FJ[N] LINE TABLE :3l®(Q)~~[Bl ~®~~ ~ ~ (Q)(Q)(Q)(Q) LINE BEARING DISTANCE L1 s 01'36'41" w 33.95' ~ L2 N 88'23'19" W 8.34' ~/ L3 s 01'36'41" w 33.73' ."'5/6 L4 S 88'23'19" E 8.34' CJ 0) EXCLUSIVE INGRESS,~/.<0· LS S 88'08' 52" E 25.00' ~ EGRESS & UTILITY C\i <0 (IN FEET) EASEMENT, A.F. ( I #2019-0500540 o :;,o 100 I I
UTILITY~~' SCALE: I" = SO' EASEMENT L2 SEWER STUB :ti
WATER ~t,d STUB L4 w I : 5i~H :;;: - I c.o !Fl~l (Q)f W(Q)(Q)[Q)~ ~ IHJ ~~l!Q)~ [Ri!Q), ~I ~ 0 !FJ(Q)~[N]tr, !Fl ll=ll ~~~ ~ 91 z L_ l(Q)tr ~~ l(Q)1 5J(Q) I l(Q)1 ~~ NON-EXCLUSIVE5V ACCESS & UTILITY _s: NON-EXCLUSIVE EASEMENT, A.F. -~ 1 ACCESS & UTILITY #2019-0500540 EASEMENT, A.F. -:1 #2019-0500540 ~I 01 {/) _ L5
0 "<[ 40' INGRESS, EGRESS & UTILITY EASEMENT, A.F. 0 #2000303667, 2000303259 & 2000303260 ~ I L I I U) ------¥1 0 !U ~~IRJtr )f !FJ~[Ri~ !Fll~tr a _J >-' {ii w ~, f, #~OO(Q)~ (Q)~ EBJ®:3l w I- =t :J U) "'.;, l(Q)tr ~ l(Q)tr ~ ;= ~ II EXHIBIT II UTILIT1 EA$EMENT EXHIBIT MAF
SCALE: 111 = e>O' I APPROVED BY: DRAWN BY' 5LGi FAK LARRY STEELE 4 ASSOCIATES I --- .1mno1s I EA!C IRKV'"""' I FOR NORTH SELL ING:HAM BUNGALOW$, LLC i:>U ITE I 6EINGi A PTN. OF Ti-IE NW 114 OF Ti-IE $E \/4, )JOB NUMBERo 1334 KINU ST. SEC. 28, TOUN6i-llP 3S NORTl-I, RANGE 2 EA6T, W.H. 0411'3.2 3'1>0-'1>1'1>-S3!:>0 BELLINGHAM, WA '38229 Wi-IATCOH COUNTY. WA
Whatcom county, WA 2020 0102875 Tota1:$112.50 Pgs=10 • EASE 0112412020 03:04 PM Request of: NORTH BELLINGHAM BUNGALOWS 1111111111111111111111111HI111111111111111 HI Ill 00202849202001028750100106 Upon recording, please return to:
City of Ferndale Attn: Public Works Department P OBox 936 Ferndale, Washington 98248
DOCUMENT TITLE: EASEMENT AGREEMENT
REFERENCE NUMBER OF RELATED DOCUMENT: NIA
GRANTOR: NORTH BELLINGHAM BUNGALOWS, LLC
GRANTEES: CITY OF FERNDALE
ADD'L PARTIES:
ABB LEGAL DESCRIPTION: Ptn E Yz NW SE, S28, T39N, R2E Ptn E Yz NW SE, S28, T39N, R2E Ptn S Yz, W Yz, W Yz NE SE, S28, T39N, R2E
ADDITIONAL DESCRIPTION ON PAGES M 7.
ASSESSOR'S TAX PARCEL NUMBERS: 390228 348192 0000 390228 380192 0000 390228 413166 0000
NUMBER OF PAGES INCLUDING TIDS COVER SHEET: 10 EASEMENT AGREEMENT (Sewer)
RECITALS:
A. NORTH BELLINGHAM BUNGALOWS, LLC, a Washington limited liability company ("Grantor"), hereby grants, conveys, and reserves an easement for ingress, egress and utilities ("Easement") over and across a portion of the real property legally described in the attached Exhibit "A". The legal description of the easement is attached as Exhibit "B" and is shown on the map attached as Exhibit "B-2" ("Easement Area").
B. This Easement shall be for the benefit of the City of Ferndale ("City") for purposes of providing sewer service. The WOODS POINT COMMUNITY ASSOCIATION, a Washington nonprofit corporation, is also a party to this Easement for purposes of Section 2 hereof.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the parties agree as follows:
1. Scope of Easement. This Easement is granted to the City for the purpose of installing, constructing, operating, maintaining, improving, removing, repairing, replacing and using Sewer mains (utility), together with all connections and appurtenances thereto (the "Facility"), together with the right of ingress to and egress from that property for the foregoing purposes.
2. Obligation to Repair. The City shall, if either the property or Easement Area is damaged by the installation, construction, operation, improvement, maintenance, removal, repair, replacement or use of the Facility, restore the surface of the property or Easement Area as nearly as possible to the condition in which it existed at the commencement of said installation, construction, operation, improvement, maintenance, removal, repair, replacement, use or other disturbance. In the event that the City of Ferndale is required to repair or otherwise maintain utilities within the Easement Area, the City shall be responsible for completing the repairs and backfilling any excavation(s) with crushed gravel or similar material, in order to re-establish a temporary drivable surface until such time as a permanent improvement shall be put in place by and at the expense of the Association within a reasonable time frame as agreed to by the City.
3. No Interference. Grantor covenants that no digging, tunneling, or other form of construction activity shall be done on the Easement Area or on Grantor's property which would disturb or damage the City's Facility, unearth or undermine the City's Facility or endanger the lateral support to the City's Facility.
4. Additional Area. The Grantor herein grants to the City, and to those acting under the direction or control of the City, the use of such additional area immediately adjacent to the Easement Area necessary for the installation, construction, operation, maintenance, improvement, removal, repair or replacement of the Facility, together with, the right to utilize adjoining lands belonging to the Grantor for the purpose of ingress to and egress; provided that such additional area shall be held to a minimum and returned to its original state by the City.
5. Hold Harmless for Work on Facility. The City shall hold harmless, save and indemnify the Grantor and its members, employees and agents (collectively "Agents") from all liability, losses and damages of any kind resulting directly or indirectly from the actions or omissions of the City, or the City's Agents acting in the course of required or periodic maintenance of the Easement Area under the terms of this Easement, except losses and damages resulting solely from the negligent acts of the Grantor or its Agents; provided, however, that this hold harmless provision shall not apply to Grantor's negligence, or to any damage or injury resulting from a violation of Paragraph 3 herein.
6. Hold Harmless for Grantor's Actions. Grantor shall hold harmless, save and indemnify the City and its elected or appointed officials, members, employees and agents (collectively "Agents") from all liability, losses and damages of any kind resulting directly or indirectly from the actions or omissions of the Grantor or Grantor's Agents for any actions within or use of the Easement Area, except losses and damages resulting solely from the negligent acts of the City or its Agents.
7. Binding Effect. In all respects, the provisions of this Easement shall be construed and interpreted as covenants which run with and are appurtenant to the land of the parties above described, and shall be binding upon and inure to the benefit of the heirs, assigns, successors to and personal representatives of the parties hereto.
8. No Waiver. Failure to enforce any provision of this document shall not operate as a waiver of any such provision.
9. Severability. Invalidation of any of the provisions of this Easement by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.
DATED this { 1~11- dayofJ~ '2020. LOWS,LLC
#IA& k6it:IL
STATE OF WASHINGTON } } SS. COUNTY OF WHATCOM }
On this 17~ day of ... la.ntutr lj , 2020, before me a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ;f;fli,AA.J 7), G&J77e.Y to me known to be the fa1rtN1r6t,tl of North Bellingham Bungalows, LLC, the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year first written above.
v Notary Public "Notary 11~~- Public in~%fo? and for the State of Washington State of Washington SEAIDIANA K WHITNEY MY COMMISSION EXPIRES My commission expires: f/llY /5~ "1tJ,(/ May 15, 2021 1 ~' EXECUTED this z_zro'> day of ~ , 2020 for the CITY OF FERNDALE:
G. Ma::Jl;5;f r ro~ ~'f""
Approved as to Form: -===:.._ Department Head C-.)
STATE OF WASHINGTON } } SS. COUNTY OF WHATCOM }
I certify that I know or have satisfactory evidence that .Joy i fuvne,tt- ..:--'''~EARH4~'''""'''''' ''11 .,:-. -<_\ "'"'""''''' ~> 1I~ tfr7C.mku± --~!I:-"' ,-:-'~\ON f4-.0~'11 ,~ ~~ ~ [email protected]_ +. Q,~ =-~ o1A!iJ,...... ·~~1 ~ ::= j~ ~ IP~ ~ Notary Public' in and for the State of Washington - ~9. • ... ::: z , ~SE~ ... c, i o E "" ~ '°ue'-" : 1.:.. = My commission expires: I z-1q -2'/ '" 111 ,.,. - ~~ ".). ~ 11 1 12.19·::..,,""~ ~v 0:: ~1 -1~ ' •111111""''" ~" ~ '11 Wf>-S ,, ~OF ~,...... ,~ 11,,,'""'''" "°~TION By: $,*fP"V' -· .....,..... •-) T Its: eG:>lf:J!Wt STATE OF WASHINGTON } } SS. COUNTY OF WHATCOM } On this J.Jf!!:_ day of ....1&1Jtllht'...Y , 2020, before me a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 01UttAJ ·-:v. 6 &.Jrr..V to me known to be the MfrtVftG f:(L of Woods Point Community Association, the association that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said association, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year first written above. Notary Public State of Washington /JtMa !(~ DIANA K WHITNEY :i>;l'tNJt- K Wtt177tlH - - ~ MY COMMISSION EXPIRES Notary Public in and for the State of Washington ay 15, 2021 My commission expires: ld11Y 15~ Ol.o:l./ EXHIBIT A LEGAL DESCRIPTION FOR Burdened Property Parcel A: The East 279 feet of the following described property: The East half of the Northwest quarter of the Southeast quarter of Section 28, Township 39 North, Range 2 East of W .M., Whatcom County, Washington. Situate in Whatcom County, Washington. Parcel A-1: An easement for ingress, egress and utilities, as granted by document recorded under auditor's file no. 2000303667, over, under and across the East 20 feet and also the West 400 feet of the North 40 feet of the following described parcel: That portion of the East half of the Southwest quarter of the Southeast quarter situate in Section 28, Township 39 North, Range 2 East ofW.M., lying North of a line described as follows: Beginning at a point on the East line of said subdivision, a distance of 744 feet North from the centerline of Smith Road, established December, 1980; and thence West and parallel to the North line thereof, a distance of 659 feet, more or less, to the West line of said subdivision and the terminus of herein described line; and except the West 20 feet for Shields Road. Situate in Whatcom County, Washington. Parcel B: The East half of the Northwest quarter of the Southeast quarter of Section 28, Township 39 North, Range 2 East of W.M., excepting the East 279 feet thereof. Situate in Whatcom County, Washington. Parcel C: The South half of the West half of the West half of the Northeast quarter of the Southeast quarter in Section 28, Township 39 North, Range 2 East of W.M., except right-of-way for road. Situate in Whatcom County, Washington. Parcel C-1: A 60-foot easement for ingress, egress and utilities, the centerline of which is described as follows: Commencing at the Southeast comer of Section 28, Township 39 North, Range 2 East; thence North 89°12'27" West along the South line of said Section 28, a distance of 543.52 feet; thence North 00°47'33" East 30.00 feet to the North line of the Smith Road and the true Point of Beginning of this centerline description; said point of beginning is also a point on a non-tangent curve concave to the Northwest, having a radius of 702.21 feet, a radial line of said curve through said point bearing South 36°28'33" East; thence Northeasterly along said curve 368.06 feet to the end of said curve, a radial line through said end bearing South 66°30'25" East; thence North 01°46'54" East 986.50 feet; thence North 01°00'29" East 688.92 feet; thence North 88°50'25" West 361.00 feet; thence continuing North 88°50'25" West along the South line of the North half of the West half of the Northeast quarter of the Southeast quarter, 389.02 feet to the end of said centerline. Situate in Whatcom County, Washington. Parcel D: An easement for ingress, egress and utilities as granted in grant of easement for access and utilities, recorded May 6, 2019 under auditor's file no. 2019-0500540, records of Whatcom County, Washington. A11R222t>UtwAWi'iWMS'f~ Situate in Whatcom County, Washington Prepared by Larry Steele & Associates, Inc. Land Surveyors 1334 King Street, Ste. 1 Bellingham WA 98229 360-676-9350 Job #04719.2 January 3, 2020 S:\_LSA Project Files\_2019 Projects\2019-047.2 Landed Gentry Development\_Legal Descriptions\04719.2 Property (010320).doc EXHIBITB LEGAL DESCRIPTION FOR Sewer Line Easement A Twenty (20) foot wide Sewer Line Easement lying over, under and across a portion of the Northwest quarter of the Southeast quarter of Section 28, Township 39 North, Range 2 East of W.M., the centerline of which is described as follows: Commencing at a Found Brass Plug at the intersection of the centerline of Shields Road and the North boundary line of the Plat of Liberty Park, as recorded under Whatcom County Auditor's File number 2060101893, records of Whatcom County; Thence South 88°08'52" East along the North boundary line of said Plat of Liberty Park, for a distance of 6.43 feet to the Point of Beginning; Thence North 01°58'58" East for a distance of 131.75 feet to a point hereinafter known as "Point A"; Thence North 24°16'09" East for a distance of 106.37 feet; Thence North 45°06'08" East for a distance of 206.50 feet; Thence North 45°02'51" East for a distance of 301.41 feet to a point hereinafter known as "Point B"; Thence North 41°43' 54" East for a distance of 124.67 feet; Thence North 27°04'33" East for a distance of 76.85 feet; Thence North 12°24'34" East for a distance of 140.35 feet to the Terminus of the herein described centerline. The sidelines of the above easement being lengthened or shortened to intersect with the West line of the East half of the Northwest quarter of the Southeast Quarter of said Section 28 and the North line of said Plat of Liberty Park. Together with a tract of land Twenty (20) feet wide, the centerline of which is described as follows: Beginning at the above said "Point A"; Thence South 88°11 '24" East for a distance of 369.49 feet; Thence South 88°16'59" East for a distance of 408.75 feet to the Terminus of herein described centerline. Together with a tract of land Twenty (20) feet wide, the centerline of which is described as follows: Beginning at the above said "Point B"; Thence South 51°10'23" East for a distance of 131.30 feet to the Terminus of herein described centerline. Together with and subject to easements, agreements, covenants, conditions, rights, restrictions, and reservations of record. Situate in Whatcom County, Washington. Prepared by Larry Steele & Associates, Inc. Land Surveyors 1334 King Street, Ste. 1 Bellingham WA 98229 360-676-9350 Job #04719.2 January 3, 2020 S :\_LSA Project Files\_2019 Projects\2019-04 7 .2 Landed Gentry Development\_Legal Descriptions\04 719.2 Sewer Easement (121119).doc (IN FEET> 0 100 200 v SCALE: I" = 100' ...... 1- LINE TA6LE L (f) <( LINE BEARING DISTANCE w I L1 S 88'08'52" E 6.43' I ~ L2 N 01.58'58" E 131 .75' 0 VJ L3 N 24"16'09" E 106.37' .,,:- L4 S 51 '10'23" E 131.30' L5 N 41"43'54" E 124.67' 1- L6 N 27'04'33" E 76.85' (f) L7 ~w N 12"24'34" E 140.35' I • I- ~ Ct: _.,,. 0 (.Q z ri TRACT G LL. 0 _J <( z I 1- (f) <( w w z :::J 1- (f) ~ TRACT >< I ~ TRACT C ~ r f(\ N I 1~ r r r r I- I- """ I-- I- 1- 1- () · () () ( _J Cl () Cl _J _J _J _J I I_J I (~-=-:::, lj8"11'2.f E----1_69.49'·--=------s 88"16'59: E---- / f r------~~~~;;;;u~~;~~~;i-~;~r;------ ~ r ~ L() """ 1 I- """l- I I I I I ,~ I I I () I I """I- I """I- () () _J _Jo ~ 111 ~i.o.J § _J _J I 40' INGRESS, EGRESS & UTILITY EASEMENT, A.F. #2000303667, 2000303259 & 2000303260 (j) - - - -1- - - -1------00 wo_j -<:[ I Ol 11 (j) EXHIBIT II B-2 SEWER EASEMENT EXHIBIT MAP ~ \.'~ / I SCALI!, 1" • 100' APPROVED BY' I- ~ DATE' 1/312020 EAK Im 1 MYERs LARRY STEELE • A550CIATE5 FOR <)) <)) DRIVE L._LAND 5URVE'r'ORS I NORT!-1 6ELLING!-IAM BUNGALOWS, LLC N (fi r= SUITE I 6EINC; A PTN. OF THE NW 114 OF THE 5E 1/4, IJOB NUMBER' 1334 KING ST. SEC. 28, TOWNSHIP 39 NORTH RANGE 2 EAST, W.M. 04119.2 6 3bO-b1b-~3!:>0 BELLN::;~AM, UJA 98229 IJJl.!ATCOM COUNTY, WA Si-IEET I OF 2 -- . -- I- l wU) ~ I I- Cl'.'.""'" o"-... TRA CT X z~ w - I- TRACT Y LL U) _J <( <( w II :r I- r I- ::J U) 0 0 j U) z w-"-"'"- z~ ::J I- U) TRACT C w ~ .!) r f(\ N I 1~ r r r r 0 l- "" r l- 1- 1- 1- 1- o () () () () 1- ( _J o () _J _J _J _J _J I_J TRACT Z ------~--~--~--..1_--..J._ ____._ __..J._ __ -J_ ____ ---f ~ ----s 88"11'24'' E----·359_49·------s 88"16'59'' E-----·408.75'------, : fl&'-1r----=-----=;;;;-;-;;;;-~;;E~;~~;;i--T;Z:-;-;------___-_ __ [_ J I f 20' WIDE SE WER () 01 (\) J.!) r J.!) N EASEMENT l- ~ I- 1-"" ~ 1-"" ""I- 1- I-"" "' () () () () ""I- 1-"" 1- L1 3 _J () () l- _J _J () _J _J _J () () _J _J o P.O.B. _J _J TRACT E I 40' INGRESS, EGRESS & UTILITY EASEMENT, A.F. #2000303667, I EXf-ll61T II 6-2" - --- :__ _1000303252__~2000303260 ---- _J SEWER EASEMENT EXf-llBIT MAP CIN FEET) I I 0 100 200 SCALE: 111 : 100' .APPROVED BY: DRAWN gy, SLC. I DATE' l/312020 EAK REVISED: LARRY STEELE 4 ASSOCIATES L'.'.::_~.:.:::.:::..._L..:...... _--;:::Fo~R:;----'------, LAND SURVEYORS NORTH Be::LLINGHAM 6UNGALOW6, LLC SCALE: I" = 100' SUITE I BEING A PTN. OF THE NW 1/4 OF THE SE 1/4, JOB O~~~~ER' 1334 KINc:;. ST. SEC. 28, TOWNSHIP 39 NORTH, RANC:.E 2 EAST, W.M. SHEET 2 .OF 2 360 _ 61<0-~350 BELLl~flAM, WA 9822~ WHATCOM COUNTY, WA Whatcom County, WA 2020 0102876 Total:$112.50 Pgs=10 - EASE 01/24/2020 03:04 PM Request of: NORTH BELLINGHAM BUNGALOWS ll I llll Ill II I llll Ill II Ill III II llll Illlll II llll Ill 00202850202001028760100109 Upon recording, please return to: City of F emdale Attn: Public Works Department P OBox 936 Ferndale, Washington 98248 DOCUMENT TITLE: EASEMENT AGREEMENT REFERENCE NUMBER OF RELATED DOCUMENT: NIA GRANTOR: NORTH BELLINGHAM BUNGALOWS, LLC GRANTEES: CITY OF FERNDALE ADD'L PARTIES: ABB LEGAL DESCRIPTION: Ptn E Yi NW SE, S28, T39N, R2E Ptn E Yz NW SE, S28, T39N, R2E Ptn S Yi, W Yz, W Yi NE SE, S28, T39N, R2E ADDITIONAL LEGAL DESCRIPTION ON PAGES&& 7 ASSESSOR'S TAX PARCEL NUMBERS: 390228 348192 0000 390228 380192 0000 390228 413166 0000 NUMBER OF PAGES INCLUDING TIDS COVER SHEET: 10 EASEMENT AGREEMENT (WATERLINE) RECITALS: A. NORTH BELLINGHAM BUNGALOWS, LLC, a Washington limited liability company ("Grantor"), hereby grants, conveys, and reserves an easement for ingress, egress and utilities ("Easement") over and across a portion of the real property legally described in the attached Exhibit "A". The legal description of the easement is attached as Exhibit "B" and is shown on the map attached as Exhibit "B-2" ("Easement Area"). B. This Easement shall be for the benefit of the City of Ferndale ("City"). The WOODS POINT COMMUNITY ASSOCIATION, a Washington nonprofit corporation, is also a party to this Easement for purposes of Section 2 hereof. NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the parties agree as follows: 1. Scope of Easement. This Easement is granted to the City for the purpose of installing, constructing, operating, maintaining, improving, removing, repairing, replacing and using Water mains (utility), together with all connections and appurtenances thereto (the "Facility"), together with the right of ingress to and egress from that property for the foregoing purposes. 2. Obligation to Repair. The City shall, if either the property or Easement Area is damaged by the installation, construction, operation, improvement, maintenance, removal, repair, replacement or use of the Facility, restore the surface of the property or Easement Area as nearly as possible to the condition in which it existed at the commencement of said installation, construction, operation, improvement, maintenance, removal, repair, replacement, use or other disturbance. In the event that the City of Ferndale is required to repair or otherwise maintain utilities within the Easement Area, the City shall be responsible for completing the repairs and backfilling any excavation(s) with crushed gravel or similar material, in order to re-establish a temporary drivable surface until such time as a permanent improvement shall be put in place by and at the expense of the Association within a reasonable time frame as agreed to by the City. 3. No Interference. Grantor covenants that no digging, tunneling, or other form of construction activity shall be done on the Easement Area or on Grantor's property which would disturb or damage the City's Facility, unearth or undermine the City's Facility or endanger the lateral support to the City's Facility. 4. Additional Area. The Grantor herein grants to the City, and to those acting under the direction or control of the City, the use of such additional area immediately adjacent to the Easement Area necessary for the installation, construction, operation, maintenance, improvement, removal, repair or replacement of the Facility, together with, the right to utilize adjoining lands belonging to the Gmator for the purpose of ingress to and egress; provided that such additional area shall be held to a minimum and returned to its original state by the City. 5. Hold Harmless for Work on Facility. The City shall hold harmless, save and indemnify the Grantor and its members, employees and agents (collectively "Agents") from all liability, losses and damages of any kind resulting directly or indirectly from the actions or omissions of the City, or the City's Agents acting in the course of required or periodic maintenance of the Easement Area under the terms of this Easement, except losses and damages resulting solely from the negligent acts of the Grantor or its Agents; provided, however, that this hold harmless provision shall not apply to Grantor's negligence, or to any damage or injury resulting from a violation of Paragraph 3 herein. 6. Hold Harmless for Grantor's Actions. Grantor shall hold harmless, save and indemnify the City and its elected or appointed officials, members, employees and agents (collectively "Agents") from all liability, losses and damages of any kind resulting directly or indirectly from the actions or omissions of the Grantor and Grantor's Agents for any actions within or use of the Easement Area, except losses and damages resulting solely from the negligent acts of the City or its Agents. 7. Binding Effect. In all respects, the provisions of this Easement shall be construed and interpreted as covenants which run with and are appurtenant to the land of the parties above described, and shall be binding upon and inure to the benefit of the heirs, assigns, successors to and personal representatives of the parties hereto. 8. No Waiver. Failure to enforce any provision of this document shall not operate as a waiver of any such provision. 9. Severability. Invalidation of any of the provisions of this Easement by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 7 DATED this I:?' 1f-day of ~"'1 '2020. GRANTOR: S,LLC STATE OF WASHINGTON } } SS. COUNTY OF WHATCOM } On this -11.!!_ day of , I lhVMllY , 2020, before me a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 31<1tHJ J). {;cA/17~-Y to me known to be the .AffNV866f? of North Bellingham Bungalows, LLC, the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year first written above. &~A I(;Jidop V' I' Notary Public " --:1>1/f.(llf J::. vJH 1 rAJe Y State of Washington Notary Public in and for the State of Washington SEJ&'NA K WHITNEY MY COMMISSION EXPIRES My commission expires: 14 II'/ /6/!t, ,,/~ ,;l I .. May 15, 2021 EXECUTED thisZLN~ day of Jo-rJ J~ , 2020 for the CITY OF FERNDALE: ( c'\'- "<' .,.<"\ ' OK ,,., jJ!f\.fJIW\.J Approved as to Form: - · ~ Department Head ~:S STATE OF WASHINGTON ) ) SS. COUNTY OF WHATCOM ) I certify that I know or have satisfactory evidence that,flVJ &tr~A.00 l'.'..RNI Hi2tf sfue the person(s) who appeared before me and said person(s) acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED this z_itJJ day of ~YllAru31 , 2020. :o-..''''"''''''' $-'~\ GEAfi1t.''111 E.::::- ~...-.$""°~S10N~ "''"""''''• k!11,,, 'if r~it.. ''1. ~ rruJ~AME~x+ --'~-""':~'?· oTA ...~""'" ~ ~ z'/. Notary Public in and for the State of : ;o ~ ."".... roe:~ ~ ~ ~(.) ""'. - u;~ ~ at V'llt "'- ~ ~ ~ Was~gt?n, resi~ing f ~f;1'.i§PO m 1 ~z '"~~ " '°l/9\.\"' ... E- ~::~ - Comm1ss1on Expires: ) - ,. ~ ~ ~:o ~1 '?_A '11,,'<-19.?;. ,;,.$"' .:: 1, 11 h1\\1""''"'"' 1 ~ ~..c~ .::: 11 Of:' ,,, WAS'°'" ~,..... ~ ''''\'"'''''"" ASSOCIATION: STATE OF WASHINGTON } } SS. COUNTY OF WHATCOM } On this~ day of Januartj , 2020, before me a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared bf(.lfJAJ ]). 6£AJTf( Y to me known to be the tdtt!Jft6£(l of Woods Point Community Association, the association that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said association, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year first written above. vI Notary Public • State of Washington DIANA K WHITNEY MY COMMISSION EXPIRES .... May 15, 2021 Notary Public in and for the State of Washington .::>Cl'-L My commission expires: 11AY 15~:1.thl! EXHIBIT A LEGAL DESCRIPTION FOR Burdened Property Parcel A: The East 279 feet of the following described property: The East half of the Northwest quarter of the Southeast quarter of Section 28, Township 39 North, Range'.?. East of W.M., Whatcom County, Washington. Situate in Whatcom County, Washington. Parcel A-1: An easement for ingress, egress and utilities, as granted by document recorded under auditor's file no. 2000303667, over, under and across the East 20 feet and also the West 400 feet of the North 40 feet of the following described parcel: That portion of the East half of the Southwest quarter of the Southeast quarter situate in Section 28, Township 39 North, Range 2 East ofW.M., lying North of a line described as follows: Beginning at a point on the East line of said subdivision, a distance of 744 feet North from the centerline of Smith Road, established December, 1980; and thence West and parallel to the North line thereof, a distance of 659 feet, more or less, to the West line of said subdivision and the terminus of herein described line; and except the West 20 feet for Shields Road. Situate in Whatcom County, Washington. Parcel B: The East half of the Northwest quarter of the Southeast quarter of Section 28, Township 39 North, Range 2 East of W .M., excepting the East 279 feet thereof. Situate in Whatcom County, Washington. Parcel C: The South half of the West half of the West half of the Northeast quarter of the Southeast quarter in Section 28, Township 39 North, Range 2 East of W.M., except right-of-way for road. Situate in Whatcom County, Washington. Parcel C-1: A 60-foot easement for ingress, egress and utilities, the centerline of which is described as follows: Commencing at the Southeast corner of Section 28, Township 39 North, Range 2 East; thence North 89°12'27" West along the South line of said Section 28, a distance of 543.52 feet; thence North 00°47'33" East 30.00 feet to the North line of the Smith Road and the true Point of Beginning of this centerline description; said point of beginning is also a point on a non-tangent curve concave to the Northwest, having a radius of 702.21 feet, a radial line of said curve through said point bearing South 36°28'33" East; thence Northeasterly along said curve 368.06 feet to the end of said curve, a radial line through said end bearing South 66°30'25" East; thence North 01°46'54" East 986.50 feet; thence North 01°00'29" East 688.92 feet; thence North 88°50'25" West 361.00 feet; thence continuing North 88°50'25" West along the South line of the North half of the West half of the Northeast quarter of the Southeast quarter, 389.02 feet to the end of said centerline. Situate in Whatcom County, Washington. Parcel D: An easement for ingress, egress and utilities as granted in grant of easement for access and utilities, recorded May 6, 2019 under auditor's file no. 2019-0500540, records of Whatcom County, Washington. Situate in Whatcom County, Washington Prepared by Larry Steele & Associates, Inc. Land Surveyors 1334 King Street, Ste. 1 Bellingham WA 98229 360-676-9350 Job #04719.2 January 3, 2020 S:\_LSA Project Files\_2019 Projects\2019-047.2 Landed Gentry Development\_Legal Descriptions\04719.2 Property (010320).doc EXHIBITB LEGAL DESCRIPTION FOR Water Line Easement A Twenty-four (24) foot wide Water Line Easement lying over, under and across a portion of the Northwest quarter of the Southeast quarter of Section 28, Township 39 North, Range 2 East of W.M., the centerline of which is described as follows: Commencing at a Found Brass Plug at the intersection of the centerline of Shields Road and the North boundary line of the Plat of Liberty Park, as recorded under Whatcom County Auditor's File number 2060101893, records of Whatcom County; Thence North 88°08'52" West along the North boundary line of said Plat of Liberty Park, for a distance of 12.00 feet to the Point of Beginning; Thence North 01°36' 41" East for a distance of 31.03 feet; Thence North 03°20'02" East for a distance of 92.52 feet to a point hereinafter known as "Point A"; Thence North 13°27'28" East for a distance of 44.72 feet; Thence North 24°42'28" East for a distance of 37.67 feet; Thence North 35°57'28" East for a distance of 49.83 feet; Thence North 45°00' 16" East for a distance of 517.65 feet to a point hereinafter known as "Point B"; Thence North 41°56'23" East for a distance of 104.91 feet; Thence North 27°54'59" East for a distance of 20.75 feet to a point hereinafter known as "Point C"; Thence continuing North 27°54'59" East for a distance of 50.33 feet; Thence North 15°21' 15" East for a distance of 36.22 feet; Thence North 04°06' 15" East for a distance of 35.85 feet; Thence North 01°19'08" East for a distance of 49.14 feet; Thence North 01°50'47" West for a distance of 59.56 feet to the Terminus of the herein described centerline. Except that portion lying West of the West line of the East half of the Northwest quarter of the Southeast quarter of said Section 28. The sidelines of the above easement being lengthened or shortened to intersect with the West line of the East half of the Northwest quarter of the Southeast Quarter of said Section 28 and the North line of said Plat of Liberty Park. Together with a tract of land Twenty-four (24) feet wide, the centerline of which is described as follows: Beginning at the above said "Point A"; Thence South 88°07'03" East for a distance of 659.57 feet; Thence South 89°07'25" East for a distance of 73.94 feet to the Terminus of herein described centerline. Together with a tract of land Twenty-four (24) feet wide, the centerline of which is described as follows: Beginning at the above said "Point B"; Thence South 47°43'56" East for a distance of 81.70 feet; Thence South 54°13 '50" East for a distance of 66. 76 feet to the Terminus of herein described centerline. Together with a tract of land Twenty-four (24) feet wide, the centerline of which is described as follows: Beginning at the above said "Point C"; Thence South 56°42'39" East for a distance of 138.36 feet; Thence South 87°42' 40" East for a distance of 27.63 feet to the Terminus of herein described centerline. Together with and subject to easements, agreements, covenants, conditions, rights, restrictions, and reservations of record. Situate in Whatcom County, Washington. Prepared by Larry Steele & Associates, Inc. Land Surveyors 1334 King Street, Ste. 1 Bellingham WA 98229 360-676-9350 Job #04719.2 January 3, 2020 S:\...LSA Project Files\_2019 Projects\2019-047.2 Landed Gentry Development\...Legal Descriptions\04719.2 Water Easement (121119).doc LOT 12 LINE TABLE LINE BEARING DISTANCE LOT 13 L1 N 01"36'41" E 31 .03' L2 N 03"20'02" E 92.52' L3 N 13'27'28" E 44.72' L4 N 24'42'28" E 37.67' LOT 14 LS N 35'57'28" E 49.83' L6 S 47'43'56" E 81.70' L7 S 54'13'50" E 66.76' LB N 41'56'23" E 104.91' L9 N 27'54'59" E 20.75' L10 N 27'54'59" E 50.33' L11 S 56'42'39" E 138.36' L12 S 87'42'40" E 27.63' L13 N 15'21'15" E 36.22' I L14 N 04'06'15" E 35.85' -tj L15 N 01 '19'08" E 49. 14' " L1 6 f N 01'50'47" W 59.56' l/) <( w TRACT 6 :r: f ~ 0 l/) -tj-. '--. f l/) w $: :r: f- 0::: 0 z w LL'." • _J ~ <( .-tj- :r: <.D r TRA C T X f- ~ l/) 0 <( I w z ~ ~ 1 SCALE: I" = 100' I TRACT C "'I- r ~ r r r"' r 1~ "' I- f- f- f- I- () f- () () . () () () _J _J I _J _J _J I_J 1- 1- 1- 1- 1- 1- 1- () () () 0 () () _J 1-() () () () () _J 1-_J- ~f-_J I a _J _J _J _J _J _J _J _J w 40' INGRESS, EGRESS & UTILITY EASEMENT, A.F. #2000303667, 2000303259 & 2000303260 ~ Q~.o.~-,---i------ _j <[ WO flci5 / ~ 20 IOl 0) WATER LINE EASEMENT EXHIBIT MAP SCALE: 1" = 100' APPROVED BY: DRAWN BY' &LG 11312020 REVISED: w LARRY STEELE 4 A550CIATE5 I ...., I EAK I I FOR .~ I MYER5 NORTH BELL INGHAM BUNGALOWS, LLC ~ DRIVE SUITE I 6EING A FTN. OF THE NW 1/4 OF THE SE 1/4 IJOB NUMBER' .... 1334 KING &T. &EC. 28, TOWNSHIP 3'3 NORTH, RANGE 2 EA&T, 0411'3.2 () W.M. ,,----- 360·616-~350 6ELLll'l'.;fW1, WA 98229 WHATCOM COUNTY, llJA &HEET I OF 2 TRACT X TRACT Y ~ SCALE: I" = 100' I TRACT C \\) ' () (fl ~ r \\) U\ Cf\ N ill U\ ' SCALE: I"• 100' APPROVED BY: DATE: 11312020 EAK REVISBD: LAL}r:;;;u:v:;~crAIE5 FOR NORTH BELLINGHAM BUNGALOWS, LLC ~ 1 i---B:--E,..,.ING.,...,..-A"."""':::"F'TN.=-:-°""OF::-=TH-:=E,..,-N.,-W""'"l!"""'4"""0F,.,-,,T""'HE~SE~l/4"'."'",-.-,-o B--N--uM"'""B:--E~R--tl, 1334 KING. ST. SEC. 28, TOUNSHIF' 3'3 NORTH, RANGE 2 EAST, W.M. 0411'3.2 3ti>O-t<>1ti>-'3350 BELLINGl-IAM, WA 'O!l229 WHATCOM COUNTY, WA SHEET 2 OF 2 SEE PUBLIC OFFERING STATEMENT FOR EXHIBIT V 2020 ESTIMATED BUDGET SEE PUBLIC OFFERING STATEMENT FOR EXHIBIT V 2020 ESTIMATED BUDGET