2021.0329.AP0003 210224 MMHOA RES-210216-[01..06] [City of Yelm Appeal]
Page 1 of 1 Resolution 210216-01
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
BOARD RESOLUTION NO 210216-01
Approved by the Board of Directors by vote on February 20, 2021
A RESOLUTION to Clarify the Governing Documents
Concerning Property Development—Declarant, Development Period, Membership
WHEREAS, according to the Declaration of Covenants, Conditions, and Restrictions (CCRs) of the McKenzie
Meadows Homeowners Association, the Board of Directors is responsible for the enforcement of same;
and,
WHEREAS, this resolution is being put forth to the membership by the Board of Directors; and
WHEREAS, in accordance with the CCRs, (“Properties”) shall mean and refer to Lots 1 through 24,
inclusive, of the plat of McKenzie Meadows, and (“Lot”) shall mean and refer to any lot within those
Properties, and (“Owner”) means the owner of any Lot within the Properties; and
WHEREAS, the (“Development Period”) shall end on the thirtieth (30th) day after the Declarant
transferred title to the Purchasers of Lot(s) representing 100 percent (100%) of the total voting power of
all Lot Owners; and
WHEREAS, Class “B” membership is the Declarant and that membership shall cease upon expiration of
the Development Period, and
WHEREAS, on July 20, 2016, as recorded in Thurston County, Washington under AFN 4513415, the
Declarant transferred title of the twenty-fourth (24th) Lot; and
WHEREAS, the Development Period ended on August 19, 2016, thirty (30) days after that transfer; and
WHEREAS, according to RCW 64.90.415, regardless of the period provided in the Associations covenants,
a period of Declarant control terminates no later than sixty (60) days after conveyance of seventy-five
(75%) percent of the lots which may be created to lot owners other than a Declarant; and
WHEREAS, on June 15, 2018, as stated by the recorded minutes, by a majority vote of the Members, the
Association approved its first Board and the process for assuming control; and
WHEREAS, on June 25, 2018, as stated by the recorded minutes, the Declarant elected to permanently
relinquish all remaining authority, if any such authority existed, and to transfer all accounts and control
of the Association to its Members; and
THEREFORE, BE IT RESOLVED, that the role of Declarant has ceased, the Development Period has ceased,
and voting rights and membership within this Association shall be limited to Class “A” only.
Effective June 25, 2018
This resolution was adopted on February 20, 2021
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
02/23/21
ATTEST David Johnstone, President Date
02/23/21
Chelsea Watson, Secretary Date
McKenzie Meadows Exhibit, City of Yelm Appeal, Case: 2020.0286.PR0009 06/21/2021
Page 1 of 1 Resolution 210216-02
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
BOARD RESOLUTION NO 210216-02
Approved by the Board of Directors by vote on February 20, 2021
A RESOLUTION to Clarify the Governing Documents
Concerning Property Development—Well Covenant
WHEREAS, according to the Declaration of Covenants, Conditions, and Restrictions (CCRs) of the McKenzie
Meadows Homeowners Association, the Board of Directors is responsible for the enforcement of same;
and,
WHEREAS, this resolution is being put forth to the membership by the Board of Directors; and
WHEREAS, hereinafter, (“AFN”) shall refer to the Auditor's File # for any document recorded in Thurston
County, Washington, and (“APN”) shall refer to the Assessor's parcel # for any property located in the
same county; and
WHEREAS, stated in AFN 8205100029, the owner of land that is now McKenzie Meadows, APN
21724110100, granted a protective well water covenant dedicating a well and waterworks for supplying
water for public use; and
WHEREAS, the grantor will keep this water system free from contaminants and will not construct,
maintain, store, dispose of or apply, or suffer to be constructed, maintained, stored, disposed of or
applied, upon the said land within 100 feet of the well, while the well is in use, including but not limited
to: drain fields, garbage of any kind or description, storage of liquid or any chemical, or any other source
of contamination; and
WHEREAS, that covenant runs with the land and is binding to all parties having of acquiring any right, title,
or interest in the land described or any part thereof; and
WHEREAS, stated in AFN 9404290319, the owner of land that is now McKenzie Meadows, APN
21724110100, granted a covenant declaring an easement for a well and waterworks supplying water for
public use; and
WHEREAS, that covenant runs with the land and is binding to all parties having acquiring any right, title,
or interest in the land described or any part thereof; and
WHEREAS, is revocable only upon the mutual written agreement of all parties or their heirs, successors,
or assigns thereto, provided that the water system supplied by the well is connected to a public water line
serving their premises; and
THEREFORE, BE IT RESOLVED, that:
1. the contamination restrictions do not make it possible for structures to be placed within the
designated protection area for the well, and
2. by these covenants running with the land or any acquired part thereof, these covenants are now
bound to all subdivided properties within McKenzie Meadows, and
3. these covenants may only be revoked upon the mutual written agreement of all the owners, and
4. no area, of any property, within the protected well region may have any structural addition,
alteration, or change of any kind, nor may there be any residential development of such property
while such use or actions would constitute a violation,
AND, THEREFORE, BE IT FURTHER RESOLVED, that until rectified, development within the protected well
region is prohibited and shall be a violation of our terms.
Effective June 25, 2018
This resolution was adopted on February 20, 2021
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
02/23/21
ATTEST David Johnstone, President Date
02/23/21
Chelsea Watson, Secretary Date
McKenzie Meadows Exhibit, City of Yelm Appeal, Case: 2020.0286.PR0009 06/21/2021
Page 1 of 1 Resolution 210216-03
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
BOARD RESOLUTION NO 210216-03
Approved by the Board of Directors by vote on February 20, 2021
A RESOLUTION to Clarify the Governing Documents
Concerning Property Development—Subdivision Alterations
WHEREAS, according to the Declaration of Covenants, Conditions, and Restrictions (CCRs) of the McKenzie
Meadows Homeowners Association, the Board of Directors is responsible for the enforcement of same;
and,
WHEREAS, this resolution is being put forth to the membership by the Board of Directors; and
WHEREAS, Revised Code of Washington (RCW) 58.17.215 states that any person is interested in the
alteration of any subdivision shall submit an application to request the alteration containing the signatures
of the majority of those persons having an ownership interest in the subject subdivision or portion to be
altered; and
WHEREAS, if the alteration would result in a covenant violation, the application shall contain an
agreement signed by all those bound by such covenants stating that all parties agree to terminate or alter
the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof;
and
WHEREAS, according to RCW 64.90.265, unless prohibited in the covenants, an owner may subdivide a
lot into two or more lots upon submitting an application to the Board that is approved. The Board must
determine, after receipt of an application with all the required information, if the subdivision change is
unreasonable, or if it does not comply with the covenants or other provisions of law; and
WHEREAS, after approval of the application, the Association must prepare, execute, and record any
amendments to the covenants, where the consent of owners to which at least ninety (90%) percent of
the votes in the Association for the amendment(s) are allocated, and where all costs, including reasonable
attorneys' fees, incurred by the Association for preparing and recording amendments have been paid for
by the applicant; and
WHEREAS, according to RCW 64.90.010, any reserved right or combination of rights to subdivide or
combine lots or convert lots into common elements as a development right is reserved for the Declarant;
and
WHEREAS, according to the CCRs, Class “A” Membership may only be attributed to a single Lot and may
not be inherited from a Lot originating from a Class “A” Membership, nor may any Class “A” Membership
be divided; and
THEREFORE, BE IT RESOLVED, that no reserved right to subdivide remains, and the following are required
prior to subdivision:
1. receipt of an application and its approval, and
2. a covenant amendment with the required percentage of approval, and
3. all associated amendment costs to be paid for by the applicant,
AND, THEREFORE, BE IT FURTHER RESOLVED, that until rectified, subdividing property within our
Association is prohibited and shall be a violation of our terms.
Effective June 25, 2018
This resolution was adopted on February 20, 2021
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
02/23/21
ATTEST David Johnstone, President Date
02/23/21
Chelsea Watson, Secretary Date
McKenzie Meadows Exhibit, City of Yelm Appeal, Case: 2020.0286.PR0009 06/21/2021
Page 1 of 1 Resolution 210216-04
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
BOARD RESOLUTION NO 210216-04
Approved by the Board of Directors by vote on February 20, 2021
A RESOLUTION to Clarify the Governing Documents
Concerning Property Development—Undeveloped Land
WHEREAS, according to the Declaration of Covenants, Conditions, and Restrictions (CCRs) of the McKenzie
Meadows Homeowners Association, the Board of Directors is responsible for the enforcement of same;
and,
WHEREAS, this resolution is being put forth to the membership by the Board of Directors; and
WHEREAS, in accordance with the CCRs, any provisions within the CCRs for continued development
(“Development Right”) shall only be valid during the Development Period and shall only apply to the
Declarant; and
WHEREAS, according to RCW 64.90.010, any reserved right or combination of rights to add real estate or
improvements within the community as a development right (also “Development Right”) is reserved for
the Declarant; and
WHEREAS, hereinafter, (“AFN”) shall refer to the Auditor's File # for any document recorded in Thurston
County, Washington, and (“APN”) shall refer to the Assessor's parcel # for any property located in the
same county; and
WHEREAS, Tract “B” is defined in our CCRs, and for reference only, Tract “B” is APN 64410000002; and
WHEREAS, AFN 4739526 states that Tract “B” is subject to our covenants, conditions, restrictions, and
easements; and
WHEREAS, the plat of McKenzie Meadows, as recorded under AFN 4337170, states that future residential
development for Tract “B” is reserved for the Declarant; and
THEREFORE, BE IT RESOLVED, that:
1. no Development Right(s) remain, and
2. an amendment for residential development of Tract “B” is required,
AND, THEREFORE, BE IT FURTHER RESOLVED, that until rectified, residential development within the
Association is prohibited and shall be a violation of our terms.
Effective June 25, 2018
This resolution was adopted on February 20, 2021
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
02/23/21
ATTEST David Johnstone, President Date
02/23/21
Chelsea Watson, Secretary Date
McKenzie Meadows Exhibit, City of Yelm Appeal, Case: 2020.0286.PR0009 06/21/2021
Page 1 of 1 Resolution 210216-05
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
BOARD RESOLUTION NO 210216-05
Approved by the Board of Directors by vote on February 20, 2021
A RESOLUTION to Clarify the Governing Documents
Concerning Property Development—Construction
WHEREAS, according to the Declaration of Covenants, Conditions, and Restrictions (CCRs) of the McKenzie
Meadows Homeowners Association, the Board of Directors is responsible for the enforcement of same;
and,
WHEREAS, this resolution is being put forth to the membership by the Board of Directors; and
WHEREAS, in accordance with the CCRs, no construction or alteration may be made without first obtaining
all necessary permits and written approval of such permits, as well as plan check approval, nor may any
structural or exterior addition or alteration of any kind be made until plans and specifications (“Plans”)
have been submitted to and approved, in writing, all by the Board; and
WHEREAS, the Board shall review all Plans and development proposals for residences, or other exterior
structures, and that no addition, alteration, or change of any kind may be made until Plans have been
submitted to and approved, in writing, by the Board; and
WHEREAS, all Plans shall contain the location of the structure, general design, interior layout, exterior
materials, and color, etc., or any other information needed to determine if the proposal conforms to the
standards articulated or declared by the Board in evaluating development proposals; and
WHEREAS, the Board shall determine if any development proposal harmonizes with the surrounding
structures, natural and built environment, and aesthetic character of other homes, and determine if the
design elements harmonize with the approval factors, or any other factors which affect the desirability or
suitability of such proposal or alteration; and
WHEREAS, the Board shall decline to approve any design in which the design elements fail to harmonize
with the approval factors or may impact adversely on nearby Properties and Common Areas; and
WHEREAS, those bound by our covenants shall have no waiver that exempts them from our standards or
restrictions, and all structures and improvements shall meet all of our standards and restrictions, which
are subject to any variations approved by the Board; and
WHEREAS, hereinafter, all the elements required for approval stated in this resolution shall be referred
to as (“Construction”); and
THEREFORE, BE IT RESOLVED, that no Construction or any part thereof may take place before written
approval or authorization,
AND, THEREFORE, BE IT FURTHER RESOLVED, that without approval or authorization, Construction within
the Association is prohibited and shall be a violation of our terms.
Effective June 25, 2018
This resolution was adopted on February 20, 2021
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
02/23/21
ATTEST David Johnstone, President Date
02/23/21
Chelsea Watson, Secretary Date
McKenzie Meadows Exhibit, City of Yelm Appeal, Case: 2020.0286.PR0009 06/21/2021
Page 1 of 1 Resolution 210216-06
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
BOARD RESOLUTION NO 210216-06
Approved by the Board of Directors by vote on February 20, 2021
A RESOLUTION to Clarify the Governing Documents
Concerning Property Development—Stop Work Order
WHEREAS, according to the Declaration of Covenants, Conditions, and Restrictions (CCRs) of the McKenzie
Meadows Homeowners Association, the Board of Directors is responsible for the enforcement of same;
and,
WHEREAS, this resolution is being put forth to the membership by the Board of Directors; and
WHEREAS, in accordance with the CCRs, in the event that an Owner shall fail to comply with any section
or provision of the governing documents, the Board may enforce compliance through its granted
authority; and
WHEREAS, this enforcement may include placement of a stop work order on any (“Work”), which shall
hereinafter refer to any action where non-compliance of such action may result in the placement of a stop
work order; and
WHEREAS, If such non-compliance occurs prior to occupancy of any structure, the Board shall also have
the right to place a stop work order on said Work, which may also be placed during the Development
Period if deemed necessary; and
WHEREAS, this includes, but is not limited to, Work that is started without first complying with the
provisions for architectural review; and
WHEREAS, the authority to place a stop work order shall further extend to failure of any Owner to pay
the required review fees and submit the necessary plans and specifications as required by the Association
prior to commencing with any Work; and
WHEREAS, the placement of a stop work order may be enforced by the local building officials at the
request of the Board; and
WHEREAS, any Owner subject to such non-compliance agrees to not oppose such stop work order, with
the understanding that Work may not commence until compliance is assured; and
THEREFORE, BE IT RESOLVED, the Board may place a stop work order on any non-compliant Work, and
that any non-compliance of a stop work order shall be a violation of our terms,
AND, THEREFORE, BE IT FURTHER RESOLVED, that any Owner opposing a stop work order shall be subject
to a fine, for each day of non-compliance, of not more than one three-hundred and sixty-fifth (1/365th)
of the Owner’s taxable property value, and all told shall not exceed one-hundred dollars ($100)
subsequent to occupancy.
Effective February 20, 2021
This resolution was adopted on February 20, 2021
MCKENZIE MEADOWS HOMEOWNERS ASSOCIATION
02/23/21
ATTEST David Johnstone, President Date
02/23/21
Chelsea Watson, Secretary Date
McKenzie Meadows Exhibit, City of Yelm Appeal, Case: 2020.0286.PR0009 06/21/2021