1. Sunset Sands is designed to be a community with permanent parks, open spaces and other common facilities to
augment its natural scenic and recreational assets. The uniform protective restrictions and covenants hereby
established are intended to preserve and enhance the values and amenities of the community.
2. Sunset Sands Community Association organized as a non-profit corporation under the laws of the State of
Washington to acquire, hold and maintain in accordance with its by-laws as from time to time amended, the common
areas in said community and, through its Director of Development and other proper officers, to interpret and enforce
the protective restrictions and covenants hereby established.
II. GENERAL PROVISIONS
1. All land in Sunset Sands except common areas shall be acquired, held and transferred subject to these protective
restrictions and covenants, which are intended to benefit all lots and their respective owners, purchasers, and other
lawful occupants. Accordingly, these protective covenants and restrictions shall run with the land and every person
who by deed, contract or lease acquires any interest in any of said lots or portions thereof shall be deemed to have
made and accepted such deed, contract or lease subject to all of the restrictions, conditions and covenants herein
stated; and his respective heirs, executors, assigns or other successors in interest shall be bound by them to the
same extent as the original purchaser or grantee.
2. These protective covenants and restrictions shall be enforceable at law and in equity by any owner, purchaser or
other lawful occupant of land in Sunset Sands, including the Association, against any person who shall violate or
attempt or threaten to violate them.
3. These protective covenants and restrictions shall be deemed fully and sufficiently described and incorporated in
any instrument and conveyance by reference to the same as “Protective Covenants Governing Sunset Sands”, and fee
number of the Auditor of Pacific County under which they are recorded.
III. WATER WELLS
Individual water wells will be allowed for non-potable water to be used for irrigation purposes when the total property
in contiguous lots allows the placement of such a well at least 100 feet from the septic system.
IV. SIGNS AND DEVELOPMENT ACTIVITIES
1. No sign of any kind shall be displayed to the public view in Sunset Sands except the following:
a. One sign for each residential lot, of not more than two square feet, identifying occupants.
b. One sign of not more than five square feet advertising a residential lot for sale or rent;
c. Signs advertising garage or yard sales are permitted from the first day of such sale until the sale closes.
No domestic animal, reptile or fowl of any kind shall be kept, quartered or maintained in Sunset Sands at any time
except that dogs, cats or other common household pets may be kept on a noncommercial scale.
Notwithstanding the foregoing, no animal of any kind may be kept or quartered in Sunset Sands if its presence
produces a common-law private nuisance.
No owner or custodian of any dog may cause, permit or allow such dog to roam, run, stray or be away from the
premises of such owner or custodian and to be on any public place, or on any public property, or the private property
of another, unless such dog while away from such premises is controlled by a leash or chain, such control to be
exercised by such owner or custodian or other competent and authorized person; and any dog found roaming, running,
straying or being away from such premises and not on leash as herein provided may be taken to the animal shelter or
turned over to sheriff of Pacific County who may destroy said dog.
VI. REFUSE, SEWAGE, RUINS AND REMAINS
1. No trash, garbage, ashes, refuse, ruins or other remains of any kind (including disabled vehicles) shall be thrown,
dumped, placed, disposed of or permitted to remain on any land in Sunset Sands, vacant or otherwise except that
household garbage may be disposed of at the site that may be provided in the Park for as long as the Board of
Directors shall authorize this site. Members are encouraged to recycle all items that can be recycled. The person or
persons in control or possession of any residential lot shall, irrespective of fault, be responsible for the prompt
removal there from of all trash, garbage, ashes, refuse, ruins and other remains. All trash, garbage, ashes and other
refuse shall be kept in containers, which shall be maintained in a clean and sanitary condition and shall be kept
hidden from street view except when such containers are taken to the street for service from Peninsula Sanitation or
2. No sewage disposal system of any kind shall be permitted in Sunset Sands unless it is designed, located,
constructed and maintained in accordance with the requirements and standards of the Pacific County Health
Department. The use of privies or other pit toilets is prohibited. A minimum cleared area of 1000 sq. ft. will be
required for each drain-field installation. Any lot with RV trailers will have either an acceptable sewage system or
trailers that are self contained so that sewage may be dumped at an appropriate disposal site or the campers are
required to use the restroom facilities at the Park.
VII. SUNSET SANDS COMMUNITY ASSOCIATION
1. Every conveyance or other transfer of land in Sunset Sands or interests therein shall be subject to the articles of
incorporation and by-laws of the Association as from time to time amended. Every grantee or purchases of an
interest in land in Sunset Sands agrees, by the act of purchasing or accepting the same, for himself, his heirs,
assigns and other successors, to be bound by said articles and by-laws; faithfully to perform all obligations thereby
imposed upon him; and in particular, to pay such general assessments as the Association may levy from time to time
in accordance with said by-laws and for the purpose therein specified.
2. If any person in control or possession of any lot breaches or fails to perform any of these covenants, the
Association may cause such breach to be cured or obligation to be performed on his behalf and recover the reasonable
cost thereof from the owner or other person in control or possession by means of a special assessment.
3. Such general and special assessments, together with the reasonable costs of collecting them, including reasonable
attorneys’ fees, shall be a personal obligation of the assessee which the Association may enforce by court action.
They shall also constitute a lien upon the assessee’s interest in land in Sunset Sands. This lien shall be
enforceable by foreclosure proceedings in the manner provided by law for foreclosures of real property mortgages.
Such liens shall be superior to any and all other liens except mortgage liens recorded prior to the date of assessment.
4. Tent camping is permitted on private lots with the approval of the lot owner under the stipulations noted in Pacific
County Ordinance 153, Land Use or any successor Pacific County Ordinance.
VIII. OWNERSHIP AND POSSESSION OF LOTS
No residential lot as shown on the plat shall be partitioned or otherwise subdivided, but rather the entirety of each
lot shall at all times be owned by and in the possession of one owner or, if more than one owner, than as joint
tenants or tenants in common of the entire lot.
IX. BUILDING AND LANDSCAPING RESTRICTIONS
1. Except as noted otherwise herein, only single-family residences and outbuildings auxiliary thereto (such as
garages, woodsheds and the like) may be constructed or permitted to remain on the residential lots in Sunset Sands.
2. All lots shall have access to all community property and to all installed utilities. Access to platted roads through
common areas shall be only across easements designated on the plat.
3. Notwithstanding the above, all structures will comply with zoning, and construction shall conform to Pacific County
regulations and to the specifications of the most recent revisions of the State of Washington Electrical Code and the
Uniform Building Code in force at the commencement of construction.
4. Each single-family residence shall contain a minimum of 410 square feet, exclusive of second floors, open decks,
garages, covered carports, sheds or other appurtenances or outbuildings. The provision for architectural control shall
apply to manufactured homes as well as conventional buildings as set forth in the following paragraphs.
5. Buildings on residential lots shall be simple, well proportioned structures. Exterior trim shall be stained or
painted to complement the finishes they adjoin. Roof covering shall be wood shake shingle, composition shingle or
factory painted metal.
6. No buildings shall be located, erected or altered until a plan showing the location of the structures and
construction plans and specifications shall have been submitted to and approved by the Director of Development of
the Association. In considering the location, plans and specifications for any structure, the Committee shall take
into account the following:
a. Quality of workmanship and materials;
b. Harmony of external design and finish with the topography and with existing structures;
c. The effect which the proposed structures or alterations will have on other building sites and views there from, it
being the Director’s duty to give the maximum protection to such view which may be reasonable under the
d. No barbed wire is permitted and no perimeter lot fencing is permitted except that
i. Owners may fence their back and side yards provided that no fence exceed six (6) feet in height and
ii. They may also have an attractive, decorative fence not to exceed four (4) feet in height in their front yards subject
to the approval of the design and installation by a majority of the members of the Board of Directors, and
e. All other factors which the Director may, in his or her sole discretion, deem to affect the desirability or suitability
of the proposed structure or alteration.
7. Subject to the prior approval of the Director of Development, outbuildings may be constructed prior to the
construction of permanent residences if such outbuildings are permissible under Section 1 of the Article VIII, and if
they are complementary to the design and location of the proposed permanent residence. The corners of proposed
structures shall be staked on the ground at the time of the Director’s consideration of location, plans and
8. The Director of Development shall have the power to charge a reasonable fee for costs incurred in processing and
considering plans and specifications submitted for approval. Approval or disapproval of any matter submitted to the
Director shall be made within sixty (60) days of submission to the Director or his or her duly appointed
representative and shall be in writing. The Director shall mail a copy of its decision to the owners. In the event the
Director or the duly appointed representative fails to approve or disapprove within sixty (60) days after plans and
specifications have been submitted, approval will be deemed to have been fully complied with. Any owner or
purchaser aggrieved by the Director’s action may appeal to the Board of Directors of the Association. Appeals shall be
made in writing within ten (10) days of the Director’s mailing of the decision, and shall set forth the part of the action
deemed objectionable. The appeal shall be considered by the Board at its next scheduled meeting, and a final and
conclusive determination shall be made by the Board within fifteen (15) days after such meeting.
9. Building Setbacks: Single family dwellings and residential accessory buildings – twenty (20) feet from the front
property line, ten (10) feet from the rear property line, and five (5) feet from the side property line. The side-yard on a
corner lot shall be increased to ten (10) feet along the side street.
10. The exterior of any buildings shall be completed within one year of the beginning of construction so as to present
a finished appearance when viewed from any angle.
11. The use of tents, campers or travel trailers shall be permitted on residential lots for weekend and vacation use
and during the one-year construction period. Single wide manufactured homes may be placed only on Blocks 16
through 25 in Division I, on Blocks 23 through 27 in Division II and Blocks 4, 5, 6, 13, 14 and 15 in Division III
providing that the provisions of the current Pacific County Land Use Ordinance are complied with by the lot owner.
12. Easements for drainage, utilities, walkways and access roads are reserved as shown on the face of the plat. In
addition, five-foot wide drainage and utility easements are reserved within and along the front and back property lines
of all lots and five-foot wide drainage and utility easements are reserved within and along sidelines of all lots.
13. Driveways crossing drainage ditches must be equipped with adequate culverts capable of assuring the free and
unobstructed passage of waters therein.
X. REPAIRS, MAINTENANCE AND CLEANLINESS
The buildings and grounds of each residential lot shall be kept in a safe and reasonable state of repair, cleanliness
and neatness. Lawns shall be mowed at reasonable intervals. Undesirable weeds, having a tendency to spread
across property lines, shall be kept under control. No objects foreign to the Sunset Sands environment (including
particularly disabled vehicles, furniture and appliances) shall be permitted to remain out of doors on any residential
XI. ENFORCEMENT OF COVENANTS
Any violation of covenants appearing in Article III, IV, V, VI, VIII and IX shall be considered to be a nuisance and the
Association or its duly appointed representative shall have the right upon fifteen (15) days written notice to enter
upon the parcel where the violation occurs or appears and abate the nuisance at the expense of the owner or other
person in control or possession. The Association, its duly appointed representative, or any person owning land in
Sunset Sands may prosecute a civil action against any person or persons violation or attempting to violate any of
these protective covenants to either enjoin or otherwise prevent the violation or attempted violation or recover
damages therefore. The Association or any person bringing such an action shall be entitled to recover from the
violator any reasonable attorney’s fees, court costs and other costs reasonable incurred and awarded by judgment of
the court having jurisdiction, which costs shall constitute a lien upon the violator’s land in Sunset Sands or interest
XII. DURATION OF PROTECTIVE COVENANTS
These protective covenants shall be binding upon all persons owning land in Sunset Sands until September 1, 2015
at which time these protective covenants shall be automatically extended and renewed for successive periods of ten
years, unless by vote the persons owning a majority of the residential lots in Sunset Sands agree to change the
covenants in whole or in part.
Invalidation by judgment or other court order of any provision, sentence or paragraph contained in these protective
covenants shall in no way affect or invalidate any of the other provisions, sentences or paragraphs of these protective
covenants, and the remaining portion shall continue in full force and effect. Except that these Protective Covenants
may be more restrictive than those restrictions imposed by any Pacific County Ordinance on Land Use, Pacific County
Ordinances as they shall be updated and amended from time to time shall prevail.
These protective covenants shall be binding upon all persons owning land in Sunset Sands until September 1, 2006,
at which time these protective covenants shall be automatically extended and renewed for successive periods of one
year unless by vote of the persons owning a majority of the residential lots in Sunset Sands a change in whole or in
part of these covenants is made.
Dated: October 15, 2005
President, Board of Directors Secretary, Board of Directors
Sunset Sands Community Association Sunset Sands Community Association
SEAL Sharon Ann Bohan, Notary Public
State of Washington
October 15, 2005
|SUNSET SANDS COVENANTS AND AMENDMENTS
SUNSET SANDS COMMUNITY ASSOCIATION
PROTECTIVE COVENANTS GOVERNING SUNSET SANDS DIV. I, II & III
These Covenants and By-Laws supersede all previous
Covenants and By-Laws as amended and published previously.
|Sunset Sands Community Association