Bylaws and Policies

This Policy was originally adopted August 1971, with minor changes to Section 7 and the addition of Section 8 in January, 1988. Section 5 added in September 2001. Bolded sections of this policy are effective March 27, 2007.

1. “RESTRICTIVE MUTUAL EASEMENTS” were established by the GRANTOR when the three Innis Arden plats were filed. These easements are intended to maintain certain standards within the areas. Included is 1) the requirement for the submission of plans by an applicant for the construction of any residence, outbuilding or other structure, or any alterations of said structures upon the building sites and 2) a Covenant and View Preservation Amendment compliance agreement. Approval power was at first reserved to the Grantor, but was subsequently transferred to the Board of Directors of the Innis Arden Club, Inc. (March, 1954).
2. A set of plans, prepared by an architect or competent house designer, which normally will include: site location of buildings and adjacent affected areas; front, rear and side elevation, including heights relative to the existing (preconstruction) ground level and a plan view of each floor, shall be furnished by the applicant to the Board. Such plans shall indicate the existing and proposed footprint of the structure as well as the existing roof line. The building plans and/or panoramic photographs shall also indicate the location, configuration and height of the structures on either side of the proposed building. The site plan shall indicate the minimum distance from the proposed building to each property line.
3. If the proposed building plans result in an increase in height, width, or depth of the structure so as to affect the outlook from neighboring residences, the applicant shall erect visual aids which mark the height, width, and depth of the proposed building, including the height of chimneys. Such visual aids shall be in place for at least a thirty (30) day period prior to the meeting at which the plans will be considered by the Board. The purpose of this requirement is to clearly show the impact of the remodel or proposed new building to affected neighbors and Board members.
4. The Innis Arden Board of Directors requires the presentation of the plans on any addition or new home to the owners of adjacent and affected peripheral properties (within 250 feet). Completion of the Neighbor Signoff is required. This is done primarily to give members of the Board assistance in considering all aspects of the proposal. It is the entire responsibility of the Board to approve or disapprove. Neighbors do not have approval or veto power on proposed building plans.
5. A consideration will be that compliance with the covenants is met, including the View Preservation Amendment. Compliance violations may be grounds for application denial.
6. Representatives of the Board shall view the proposed building site from affected neighboring properties prior to the meeting at which the plans will be considered. Principal facts which the Board considers are front, rear and side yard setback requirements which are clearly set forth in the restrictive mutual easements. Also considered is possible infringement of view of the neighbors and whether the structure(s) will be in harmony with the neighborhood.
7. The restrictive mutual easements give the Board thirty (30) days in which to act. The Board shall only approve proposed plans at a public meeting of the Board after notice was published in the Innis Arden Bulletin stating that the plans would be considered at such meeting. The purpose of this requirement is to give members of the community an opportunity to comment on the proposed plans. While it is the Building Plans Committee’s objective to present a recommendation to the Board at the first opportunity of plans and to assist property owners by giving them a prompt reply, this cannot always be accomplished within the restrictive time limitation. If the 30 day limitation will be exceeded before final action can be taken then it is necessary that, prior to the expiration of the thirty day period, the Chairman of the Building Plans and Committee draft a reply acknowledging receipt of plans on a specific date and denying approval at that writing; and further stating that this adverse action is required because of time limitations imposed by the restrictive mutual easements, and does not indicate what the Board’s final action will be.
8. Upon final action by the Board, the application, whether approved or denied, will be returned within 10(ten) days to the applicant stating the Board’s position.
9. For purposes of enforcement of the view preservation covenant, the permissible height of the trees on applicant’s property shall be no higher than the height originally allowed under the view protection covenant. This will be recorded as a deed amendment at the King County Recorder’s office.

If in doubt, consult the President of the Board. No anonymous items are acceptable; the names may be omitted from the Bulletin, but the editor must always know the source.

A. Acceptable sources of news items and announcements.

Innis Arden Board
Any sub-committee of the Board
Innis Arden Activities Committee
Any sub-committee of the Activities Committee
Any Innis Arden club open to all Innis Arden residents
Any event to be held at the Clubhouse or elsewhere in Innis Arden that is open to all Innis Arden residents.
Any Shoreline event sponsored by a public institution or office (public schools, Community Colleges, libraries, museums; City, County, State government and their agencies; no other outside events except those that come under “6” above).
Electoral information (date, time, location of primary, general, or special elections)
Formation of an Innis Arden interest group (check with Activities Committee)
Government actions that may affect the Innis Arden community
Block Watch
Lost & Found
B. Criteria for ads (usually limited to once a year per ad). In general, no ads for commercial enterprises – such requests can be considered for the annual IA Directory for a fee.

Items wanted or for sale by IA residents-must be submitted in writing
Services wanted or offered by IA residents
Offers or requests for assistance at home: e.g., child care, house-sitting, house painting, yard work, etc. (Offers need IA references; requests must be from IA residents)
Innis Arden homes or 2nd homes of Innis Arden residents (e.g., condos, time-shares) wanted or offered for short-term rental
C. Priorities

Highest priority goes to Board and Activities Committee reports and announcements.Depending upon the remaining space available, it may be necessary to postpone inclusion, or to reduce space allocated for a particular item. It is the job of the editor to accommodate as much information as possible while limiting the size of the Bulletin to two (occasionally three) 11 x 17 sheets

The first step is to fill out and mail the petition to the Board.

The following describes how this process evolved:
In 1995, the Washington State Legislature recognized that there was no statutory law that specifically addressed the organization, management, and powers of homeowners’ associations. RCW 64.38 was passed to address these issues.

The RCW describes association powers, including ” … levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association”.

To be able to use this power, the Board worked with Club counsel, Peter Eglick, in developing this amendment to the bylaws to incorporate covenant enforcement, including a hearing process and implementation of fines for non-compliance. Eglick provided an opinion on the Authority to Levy Fines for Violations.

The covenant enforcement process is similar to what Judge Ellington recommended at the conclusion of Special Master rulings in 1992. It addresses the importance of our protective covenants expressed in the survey of 2002.

Approved by the Board
September 10, 2002

1. Except for contracts with youth leagues, specified below, the grounds can be rented only by Innis Arden residents, no more than two-thirds of the grounds can be rented at one time and only in conjunction with rental of the Clubhouse, with a required payment of $100 in addition to the Clubhouse rental fee. A grounds-use deposit of $50 shall also be required and shall be refunded to whatever extent the Club does not incur costs for litter, cooking residues, or damage,

2. Rental does not include the rental of the playground area because playground equipment is intended for Innis Arden residents.

3. Unless the Board delegates responsibility to another person, all reservations for; grounds use shall be made through the Grounds Chairperson and shall be coordinated with the Clubhouse Manager,

4. As a public service we will continue renting to youth baseball and soccer leagues at a fee of $750 per league per season plus a security deposit of $500 for each organization. This is a fraction of the cost of field maintenance.

5. Future contracts with youth leagues will provide that the Grounds Chairperson may, with 24 hours notice, close the fields to protect them from damage during periods of wet weather.

6. For periods when youth leagues normally contract for use of the grounds, reservations by all other parties shall not exceed two occasions during baseball season or two occasions during soccer season.

7. For periods when youth leagues normally contract for use of the grounds, reservations by any other parties shall be made sufficiently early that reserved periods can be excluded from the dates contracted to the youth leagues.

8. Renters desiring to cook shall do so on grills they supply, normally in the old wading pool just north of the tennis courts, and shall be responsible for fully extinguishing and removing any fuels and ashes. They shall also assume full liability for any injuries and damages to properties resulting from cooking or associated fires and fuels.

I. Policy and Management Authority Over the Reserves

A. The Board of Directors of Innis Arden Club, Inc., (the “Board’), has responsibility forthe development of policies for the Reserves and management of the Reserves.
B. The Board shall appoint a Reserves Chairperson to assist in developing policies and in the managing the reserves. The Reserves Chairperson shall establish a Reserves Committee to assist with his/her responsibilities and subcommittees for each of the reserves or for special projects.

II. Limitation on Access to the Reserves

A. Access to the reserves is limited to active members of Innis Arden Club, Inc., and their guests when accompanied by a shareholder for social purposes only. Business invitees are not allowed in the reserves without written approval from the Reserves Chairperson or the Board president.
B. Reserves with beach access may be fenced at entrance points. Gate keys may be purchased by active members from the Reserves Chairperson. Beach access reserves I and O and the west end of reserves H and U are closed from 9:30 p.m. until 5:00 am.

III. Permitted and Prohibited Activities in the Reserves

A. The Reserves are to be used for recreational activities only, such as hiking, walking, running, horseback riding and play.
B. The following activities are prohibited:

1. The use of any motor-driven vehicle unless specifically authorized by the Board.
2. Dumping or depositing any materials in the Reserves, including, but not limited to, trash or garden clippings.
3. Carrying or use of firearms, bows/arrows, or other weapons.
4. The use of fireworks.
5. The building of fires unless specifically authorized by the Board.
6. Large gatherings or parties which may create a nuisance or excessive noise.

IV. Trail and Stream Management

A. Where possible, a trail will be maintained through each reserve to allow greater access to the Reserve by active members of Innis Arden. Certain trails may be widened to allow access by small maintenance vehicles.
B. The location of any proposed new trails will be reviewed by the Reserves Chairperson with the adjacent property owners and any agencies having jurisdiction. Plans for new trails will take into consideration findings of the review and community comments.
C. To the extent possible, and subject to the requirements of any applicable regulations, stream beds will be kept clear of fallen trees and other debris to help prevent erosion and deterioration of the quality of stream located in the Reserves.

V. Tree Management

A. The tree management goals listed below are of equal importance and are not ranked by priority. It is recognized that these goals may at times be contradictory and that compromises will be required.

1. To preserve and restore sound and mountain views where reasonably possible.
2. To maintain and enhance the reserves native forested character.
3. To prevent erosion, and discourage the growth of noxious plants.
4. To comply with applicable laws, rules and regulations of any agencies having jurisdiction, as they may be interpreted from time to time, relating to cutting of vegetation within areas such as stream buffers, wetlands, steep slopes and their buffers, landslide hazard areas and erosion hazard areas.

B. Management plans for each specific reserve will be adopted by the Board after receiving recommendation of the Reserves Chairperson, and the community at large, and after the proposed plan has been submitted to the community in writing for review.
C. Requests for removal of hazardous trees may be made to the Reserves Chair.Removal of these hazards will be handled on an expedited basis, not requiring community input. Inasmuch as possible, the cost of such tree removal will be from the Reserves budget.
D. Requests for tree cutting will be submitted to the Reserves Chairperson, using a form obtained from the Reserves Chairperson.
E. Decisions by the Board on a cutting request will be made in the context of the management plan for the affected reserve. Approval by the Board may also be contingent upon the applicant receiving approval from any agency having jurisdiction over activity in the specific area. If no plan exists for the affected reserve, a plan will be developed before the cutting request is considered by the Board.
F. All tree cutting requests will be published in the Innis Arden Bulletin for community comment, and site visitation will be made by the Board members before a decision is made to approve or deny a cutting request.
G. Factors which will be taken into consideration in approving or denying a tree cutting request will include but not be limited to the following:

1. Whether the proposed cutting is consistent with the management plan for the affected Reserve.
2. The tree species involved, as well as the health of the trees (i.e., removal of unhealthy trees or alder and big leaf maple is more likely to gain approval than a request to remove cedar, fir, or vine maple).
3. The extent to which removal or pruning will in fact enhance or restore views.
4. Removal or windowing of trees will generally be favored over topping.
5. The extent to which removed trees can be effectively replaced with lower growing trees to enhance the appearance of the Reserve, while preventing growth of undesirable vegetation such as blackberries, broom and ivy.
6. The practical extent to which cut trees can be effectively removed from the reserves or otherwise disposed of on site (I.e., by chipping or other acceptable means).
7. The magnitude of the proposed tree cutting and the cost of replacing the removed trees.
8. The availability of funds from the Reserves budget or other sources for restoring the cut area, and for nurturing and maintaining the new planting.
9. The extent to which the proposed tree cutting may cause erosion or landslide danger in the Reserve.
10. Whether the requested cutting would be permissible under applicable laws, rules end regulations, of any agency having jurisdiction over the specific area.
11. The Innis Arden Reserves Management Plan” prepared by Paul West, Dr. James R. Clark and Julie Olson of the Center for Urban Horticulture at the University of Washington, dated June 25, 1990, will serve as a resource document in evaluating requests, but will not itself establish the management policy.

H. If the tree cutting request is approved:

1. All permits required by applicable laws, rules and regulations must be obtained from agency having jurisdiction over the specific area unless an exemption from such requirement is available. A copy of the approved permit must be filed with the Reserves Chairperson before the project is started.
2. The project must be completed within six months after granting of approval by the Board and issuance of a permit (if required) from any agency having jurisdiction unless an extension is granted by the Board.
3. The work shall be performed by a person approved by the Board. All work shall be supervised by a Board representative to assure the scope of the project is not exceeded.
4. To the extent practical as determined by the Reserves Chair, and subject to the requirements of all applicable laws, rules and regulations, all limbs, trunks and debris must be either chipped or removed from the reserve as part of the project.
5. A minimum performance bond of $250.00 will be required, with the Board in its reasonable discretion free to set a higher bond depending upon the scope and complexity of the project. The bond should be sufficient to assure compliance with the conditions and limitations imposed by the Board on approval of cutting request.
6. Upon completion of the project to the Board’s satisfaction, a portion of the bond, as determined advance by the Board, may be retained by Innis Arden Club, Inc., to be used for replanting and maintenance the Reserves.

I. Funding for replanting of the Reserves and maintenance of the new plantings will come from the retained portion of the performance bonds, private donations, and community dues to the extent determined the Board. The Board is responsible for establishing priorities for the use of available community funds.

VI. Effective Date
This Innis Arden Reserves Policy is effective this 7th day of May, 1991, and supersedes all previous Reserves or tree cutting plans and policies. Amended November 2005 (in bold).

The developer of Innis Arden dedicated to the public the platted streets and easements (referred to as the street right of ways (“ROWs”)) and then transferred his rights with respect to the platted ROWs to the Club in 1954. Accordingly, the Club controls the land and vegetation (including trees) within the ROWs. The Innis Arden covenants require that the Club maintain — vegetation so that it does not block the views for residents of the Puget Sound or Olympic Mountains. Numerous residents have requested that the Club bring the ROW trees into compliance with the view covenants. In response to these requests and to meet its obligations under the view covenants, the Board began trimming and removing view blocking ROW trees following a presentation of this policy at the 2012 Annual Meeting. Bringing the ROW trees into compliance with the view covenants will take years.

Each year the Board intends to include in the annual budget an amount for the trimming and removal of ROW trees. The Board’s practice is to assign one Board member (usually the Vice President or Reserves Chair) the responsibility for identifying view blocking ROW trees to be trimmed or removed each year and managing the permitting and trimming process. The Board intends to update Innis Arden residents regarding this process at Board meetings and in the monthly bulletins. The Board also intends to permit residents in the area of the removed ROW trees to participate in deciding the type of trees which will be replanted by the Club. If any IA residents have questions regarding the ROW trimming and removal process, they should contact by email the Vice President or Reserves Chair or email the question to asktheboard@innisarden.org.