Bylaws & Policies
Innis Arden Policies
Buildings and Remodels
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. Revised 2018
Covenant Compliance
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.
Ground Rental
Approved by the Board, September 10, 2002
Reserves
[ IN PROCESS ]
Solar Panels
SOLAR ENERGY PANELS/DEVICES POLICY AND REGULATION. Last modified April 13, 2021
Street Right of Way Tree
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 [email protected].
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. Revised 2018
- “RESTRICTIVE MUTUAL EASEMENTS”, also known as the Innis Arden Covenants, 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 as well as structural or other significant landscaping improvements, upon the building sites and 2) a Covenant and View Preservation Amendment compliance agreement. Approval authority under the Covenants is vested in the IAC Club Board as the successor (since March 1954) to the original Grantor, the Boeings.
- The required set of plans must be furnished by the applicant to the Board for Club review. They must be prepared by an architect or qualified designer, and 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 (referenced to a control point set to the Washington State Coordinate System), and a plan view of each floor. Such plans shall indicate the existing and proposed footprint of the structure and other improvements as well as the existing roofline. The site plan shall show the minimum distance from the proposed building to each property line and the location of Innis Arden Building Lines as well as any site improvements including landscaping.
- If the proposed building plans result in a new structure or other improvements or an increase in height, width, or depth of an existing structure or improvements 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 structure or other improvements, 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 or improvements to affected neighbors and Board members. Visual aids must be removed within 10 days of Board Approval or during any significant delay as determined by the Board.
- The Innis Arden Board of Directors requires the presentation of plans for any structure or improvements for which Board approval is required to the owners of adjacent and affected peripheral properties (within 250 feet of any portion of the lot). Completion of the Neighbor Signoff confirming such presentation is required. This is done primarily to give members of the Board assistance in considering all aspects of the proposal. However, it is the sole responsibility of the Board to approve or disapprove. Neighbors do not have approval or veto power.
- In reviewing plans, the Board may consider the relationship between approval and Covenant non-compliant conditions on the site. For example, Approval may not be granted when plans would create new elements of site non-compliance, leave existing ones uncorrected, or cumulate with the adverse effects of existing ones.
- 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. Among principal (but nonexclusive) factors which the Board considers are: front, rear and side yard setback requirements set forth in the Restrictive Mutual Easements; possible infringement of views from other lots; and whether the proposed improvement(s) will be in harmony with the neighborhood.
- The Board approves proposed plans at an open meeting of the Board after publishing notice in the Innis Arden Bulletin that the plans will 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. It is the Building Plans Committee’s objective to present a recommendation to the Board as soon as possible. However, due to delays in owner submission to the Committee and/or the Board of required information and questions that may arise in the course of review this cannot always be accomplished within thirty days, the time frame for a Board decision established under the Covenants. To avoid confusion about whether an application is complete so that the thirty days begins to run, the Board has adopted a policy that where 30 days would be exceeded before final action could be taken, Approval is deemed automatically denied, but without prejudice. This denial without prejudice is to allow time for owner-applicant submission of required information and for Board review and decision.
- Applicant-owners are encouraged to attend the Board decision meeting. The Board will also notify the owner applicant of the Board’s decision, generally within two weeks of its issuance.
- The Board may impose specific conditions as part of an Approval of plans. Failure to comply with the Conditions automatically voids the Approval unless otherwise decided by the Board.
Covenant Compliance
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.
Ground Rental
Approved by the Board, September 10, 2002
- 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,
- Rental does not include the rental of the playground area because playground equipment is intended for Innis Arden residents.
- 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,
- 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.
- 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.
- 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.
- 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.
- 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.
Reserves
[ IN PROCESS ]
Solar Panels
SOLAR ENERGY PANELS/DEVICES POLICY AND REGULATION. Last modified April 13, 2021
- Introduction: Innis Arden Covenant 4 provides:
As to all improvements, construction and alterations in Innis Arden, the Grantor shall have the right to refuse to approve any design, plan or color for such improvements construction or alterations which is not suitable or desirable, in Grantor’s opinion, for any reason, aesthetic or otherwise, and in so passing upon such design, Grantor shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built, and the exterior color scheme, to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, and the effect of the buildings or other structure or alterations therein as planned on the outlook of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view of surrounding building sites, and any and all other factors which, in the Grantor’s opinion, shall affect the desirability or suitability proposed structure, improvements or alterations.
The purpose of this regulation is to address the Club’s implementation of Covenant 4 authority, and additional Covenant authority under, e.g., Covenant 11, within the bounds of RCW 64.38.055 (“Governing documents – Solar panels”). The intent in adopting this regulation is not to preclude solar energy panels/devices, but instead to ensure that they are installed and maintained in keeping with Covenant requirements. - Regulation
a. This regulation applies to all solar energy panels/devices and their associated components,including but not limited to those within the meaning described in RCW 64.38.055(4).
b. Detailed plans for proposed installation of such devices must be submitted to the Building and Remodel Chair per Covenant 4, the Innis Arden Building and Remodel Policy, and The Homeowner’s Guideline for Remodels, New Construction and Site Alterations. As with other actions subject to Covenant 4, solar panel/device installation may not commence until an application has been approved. Failure to comply with these policies or to acquire the necessary approvals may result in the imposition of fines per Article IV, Section 6 of the Innis Arden Bylaws. The Club also reserves the right to pursue injunctions and/or other remedies.
c. Only commercially or professionally made devices that meet the criteria in RCW 64.38.055 (1)(a), (b), (c)) are allowed.
d. Ground-mounted solar panels are permitted.
e. Roof-mounted or wall mounted solar panels are permitted and should be installed to minimize the visual impact on the outlook of neighboring properties and to be harmonious with the surroundings.
f. Each of the prohibitions, requirements, and standards allowed by RCW 64.38.055(2)(a),(b),(c) are adopted and incorporated here by reference. - Additional Rules
Pursuant to the authority in RCW 64.38.055(3) for “other reasonable rules regarding the placement and manner of a solar energy panel” the following additional rules apply:
a. Ground-mounted solar panel equipment must be installed with no portion of the unit exceeding six feet in height from the ground below it.
b. Ground-mounted solar collectors shall be within setback lines established by the City of Shoreline Municipal Code as well as the Innis Arden Covenants and concealed from view by neighboring properties to the extent reasonably possible.
c. Rooftop panels must be installed to minimize to the maximum extent possible their visibility in neighboring properties’ outlook, particularly the impact on sound and mountain views. They should be an integrated part of the roof design and mounted directly to the roof deck or if mounted on or over the existing roof surface, should be flush with the slope of the roof and must not extend above the roof ridgeline. They should be positioned as low as possible on the roof extending wider rather than higher on the roof plane. Panels and any associated devices and material must not be higher than or visibly protrude above the roof peak.
d. All roof mounted equipment, shall be kept discreet and must match or be harmonious with the color of the roofing material and should be non-reflective to the maximum extent possible to avoid glare and reflection. Exposed surfaces such as any frame or supports for panels must be painted to match or be harmonious in color, or the color of the materials used must match or be harmonious in color, the surface on which it is mounted.
e. All exterior or visible plumbing lines, wiring, cabling, conduit, or other connection mechanisms shall be kept discreet and painted to match or be harmonious in color, or the color of the materials used must match or be harmonious to the color of adjacent roofing material and walls. Aluminum trim, if used and visible, should be anodized or otherwise color treated to blend into the surroundings as much as possible.
f. All surfaces and aspects of approved devices and equipment must be properly and timely maintained to prevent deterioration resulting in an unsightly condition or appearance inconsistent with the basis on which installation was originally approved and/or with Covenant 11.
Street Right of Way Tree
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 [email protected].