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 ©2007 D. Kornberg



Declaration of Restrictive Covenants Running with the Land

 NOW, THEREFORE,

 1.   Lots numbered 1 through 48 on the plat of Obstruction Island are hereby designated as residential lots, which shall be subject to sale for private ownership.

 2. Areas upon the plat of Obstruction Island designated as parks, community areas, community moorages, community beaches, roads, walks and utility rights-of-way, shall remain within the ownership of Obstruction Island Club, Inc., which shall administer the said community areas and the improvements thereon.

 3.   No residential lot shall be subdivided.

 4.   There shall be no more than one principal dwelling on each lot, but other structures necessary for the convenience and comfort of the owner will be permitted.

 5.   No part of any building or structure on residential lots shall be placed within thirty feet of any lot line, except by written agreement with the adjoining owner.

 6.   Residential lots shall be used only for residential purposes, provided that commercial activities incidental to residential use may be permitted only by approval of a shareholders meeting of Obstruction Island Club, Inc., or its successor.

 7. All exterior finishing must be completed within three years of commencement of construction. No building paper, canvas, or other temporary materials shall be used as exterior finishing or roofing. The design and exterior finish of structures shall harmonize with the natural surroundings.

 8. All fresh water rights on Obstruction Island are hereby specifically reserved to Obstruction Island Club, Inc., which shall have the right of ingress and egress over any portion of Obstruction Island for the purpose of drilling wells and constructing necessary facilities to provide adequate water service for its members. And the said Obstruction Island Club, Inc., shall have easement rights in and to land occupied by well and water facilities, provided that these ingress and egress rights and easement rights shall be exercised with the least possible interference with the land its use by private owners

 9.   Obstruction Island Club, Inc. reserves the right or permission to assign the right to install and service water mains, electric power lines, telephone lines, and surface water drains over, upon and through any portion of Obstruction Island. Where possible such installation will follow property lines.

 10. All household waste shall be disposed of in compliance with State and County codes and regulations. If permitting is required, codes and regulations, at the time the permit is granted, will apply and continual adherence to the conditions of the permit shall be required. This shall include, but is not limited to, State and County codes covering refuse, privies, sewage, gray water and rubbish.

 11. There shall be no activity which causes objectionable noise, odor or appearance, nor shall anything be done on Obstruction Island which may be or may become a nuisance or hazardous to others.

 12. Hunting and the discharge of firearms are not permitted on Obstruction Island.

 13. All non-construction, privately owned motor (internal combustion engine power) vehicles such as trail bikes, motorcycles, all-terrain vehicles, go carts, automobiles and trucks shall be prohibited on Obstruction Island, except vehicles necessary to the construction of a members residence, electric vehicles or those approved in advance, by majority vote of the board.

 14. The various provisions of this declaration of restrictive covenants are declared to be mutual, equitable covenants and servitudes, for the benefit of the owner of each lot and parcel in this plat, as well as for the benefit of Obstruction Island Club, Inc. The said club or any owner of a residential lot shall have the right to enforce these covenants by actions at law or equity, including but not limited to actions for damages, injunctions, restraining orders, or specific enforcement of the covenants. Failure to enforce any of the provisions hereof in event of violation shall not prohibit or stop enforcement thereafter, nor shall enforcement be prohibited or stopped by reference to a similar violation in connection with the same or some other property located within the plat.

 15. These restrictions and covenants shall be binding on all parties and persons claiming under them, until 25 years from the date hereof, at which time said covenants shall be automatically renewed for successive periods of 10 years each, unless a statement terminating these covenants and restrictions at the end of any said terms, executed and acknowledged by a majority of the owners of residential lots in the plat, be recorded in the office of the county auditor of San Juan County, Washington. OBSTRUCTION ISLAND CLUB, INC. may terminate or amend these covenants and restrictions at any time by a 75% affirmative vote of its shareholders conducted by secret ballot.

 16.   Ownership of residential lots in OBSTRUCTION ISLAND shall include ownership of one share per lot in the capital stock of OBSTRUCTION ISLAND CLUB, INC. or its successor, which shall entitle the owner of such shares to the benefits of ownership by OBSTRUCTION ISLAND CLUB, INC. in the community areas retained by the club, and which shall obligate the said shareholder to abide by the bylaws and rules and regulations of said club, and shall obligate said shareholder to pay all reserve fund charges for improvement and maintenance of community areas and expenses of the club. Residential lots may not be transferred until all reserve fund charges are current and until the transferees agree to assume the balance of such charges.


Obstruction Island Club Bylaws

      Article I. Board of Directors

Section 1. Number: The business of the corporation shall be managed by a Board of three or more Directors elected by the Members for an initial term of three years and if reelected, subsequent, consecutive terms of two years.

Section 2. Election:  Directors are elected by popular vote of Members present at the Annual Meeting and represented by proxies. Voting is by secret written ballot. The number of Directors elected is equivalent to the number of Directors whose terms expire.

Section 3. Position of Officers: Officers are elected for a one-year term by the vote of the Board of Directors (BOD). Officers of the Club shall be a President, Secretary, and a Treasurer. The President shall preside at all meetings, have general powers and duties usually vested in the office of the President, including, but not limited to, the power to appoint committees from among the Members of the Club as appropriate to assist in the conduct of the affairs of the Club. The Secretary shall keep the minutes of the BOD and the minutes of the meetings of the Club, keep up to date a complete list of members and their registered mailing addresses and all other duties incidental to the the office of Secretary. The Treasurer shall have responsibility for Club funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in the books belonging to the Club. The Treasurer is also responsible for invoicing members for Club dues and assessments and the collection thereof.

Section 4. Vacancies: Any vacancies that are created during the year shall be filled by the remaining Directors until the next regular Members’ meeting.

Section 5. Executive Committee: The BOD may pass a resolution voted upon by the majority of the whole Board to designate two or more of their number to constitute an executive committee. To the extent provided in said resolution, the Executive Committee shall have and exercise the authority of the BOD in the management of the business of the Club.

Article II. Meetings of the Board of Directors

 Section 1. Frequency: Regular meetings of the BOD may be held at such time and place as shall be determined, from time to time, by a majority of the Directors, but, at least 4 such meetings shall be held during each fiscal year. The fiscal year runs April 1-March 31. Special meetings of the BOD shall be open for observation by all Members of record, but shall not be entitled to prior notice to participate. The BOD shall keep minutes of all actions taken by the Board, which shall be available to all Members upon request. 

Section 2. Quorum: A majority of the BOD shall be necessary to constitute a quorum for the transaction of business, and acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the BOD.

Article III. Meeting of the Members

Section 1. Call for Annual Meeting: The BOD calls an Annual Meeting to be held after the close of the fiscal year. The announcement, as to time and place of the meeting, will be sent to each Member with at least one month’s notice along with a general call for agenda items.

Section 2. Preparation: The proposed budget, un-audited financials from the prior year, agenda and any resolutions to be voted upon at the Annual Meeting are sent to the Members at least, two weeks in advance of the Annual Meeting.

Section 3. Proxy Votes: Proxies are mailed to the Members with the Annual Meeting agenda and supporting materials. Any Member wishing to be represented by Proxy at the Annual Meeting must submit such in writing, and the signatures must be witnessed or acknowledged. Proxies must be filed with the Secretary before the appointed time of each meeting.

Section 4. Quorum: A majority of the votes entitled to be cast by Members present or represented by proxy or returning mailed ballots shall be necessary and sufficient for the adoption of any matter voted upon by Members unless a greater proportion is required by the Restrictive Covenants Running with the Land.

Section 5. Business Outside of Annual Meeting: The BOD will communicate to the Members through United States first class mail on any issues that require a return of ballot, following the same timelines as those of preparing for the Annual Meeting. Other communications, which do not require an immediate vote or any kind of immediate response, may be done through email for those members who have listed their email account with the Club Secretary.

Article IV.  Powers and Duties of the Board of Directors

Section 1. Powers and Duties.  The BOD shall have the power to adopt and amend Bylaws and enforce rules and regulations adopted by the Members for the benefit of the Club. Additionally, the BOD has the authority to enter into contracts for the benefit of conducting Club business, employing a manager or hiring independent contractors, collect dues, fines, and assessments, cause Club expenses to be paid, obtain insurance and perform any duty necessary to comply with the Restrictions, Articles of Incorporation and these Bylaws. The BOD shall not act on behalf of the Club to amend the Restrictions, take any action that requires the vote or approval of the Club or to terminate the Club.

Section 2. Governing Law: Rules as to qualifications, powers and duties of the BOD not covered in the articles or Bylaws of the corporation shall be in accordance with Chapter 24.03 of the Law of the State of Washington. If any provisions of the Bylaws conflict with the provisions of the Declaration of Restrictive Covenants or the Statute, then the provisions of the Declaration of Restrictive Covenants or Statute will control.

Section 3. Updating of Bylaws: Bylaws of the Corporation are subject to change by the majority vote of the Club BOD. 

Adopted April 18, 2005.


Water Resolution Amended May 12, 2004:

 At a duly called annual meeting of the Obstruction Island Club on May 12, 2004, the membership of OIC adopted the following AMENDED WATER RESOLUTION:

Water conservation is required on Obstruction Island.Property owners will abide by each of the following restrictions.

1. Declaration of Water Protection. Our current real estate covenants provide that there is to be no development or construction of other than community services within the 56-acre Central Park on Obstruction Island within which both of our operating wells are located. In addition to those inherent restrictions, there shall be an additional assurance of at least a 100-foot radius protection area around each well to keep them free of any impurities. In addition to existing covenants, there shall be no development of any nature whatsoever within this radius in order that said wells shall maintain their natural state.

2.  A homeowner’s water supply must be shut off at the meter when the home is unoccupied for more than one day. Landowners with stand pipes must detach any hoses when the property is unoccupied. A fine, of up to $50, may be imposed by the Board if a homeowner continues to violate this requirement after having received written notice of prior violation. A fine of up to $25, in addition to the excess water fee of 10 cents a gallon, may be imposed by the Board if significant loss of water occurs because of such violation.

3. Meter readings are taken at least weekly during the summer months and monthly in the winter by the Water Master.  Additionally, each homeowner will record meter readings at the beginning and end of their stay on the island.

4. Maximum usage of 150 gallons per day of occupancy is imposed on the island. Over consumption pushes the limit of the system infrastructure causing excessive wear and tear.  Use in excess of an average of 150 gallons for each day of occupancy per stay will be billed to the owner at a rate of $0.10 per gallon.

5. A homeowner can request additional water beyond their allocated 150-gallons per day of occupancy for a special purpose such as pressure washing or filling of a hot tub.  The Water Master will consider such a request based on available water in the storage tank and the overall demand on the wells. Such use or requests for use of excess water will be discouraged from April through October of any year.

Water Availability Certificate Resolution

Adopted by majority vote of the OIC Board of Directors September 2009; approved by community vote at the Annual Meeting May 14, 2014.

RESOLVED, that the Obstruction Island Club (OIC) issue and govern Water Availability Certificates (CERTIFICATE) for the OIC water system using the following procedure:


A LIMIT of one CERTIFICATE for each property may be authorized.


A property owner (OWNER) requesting a CERTIFICATE shall notify the OIC Board Secretary. If there is a waiting list the Secretary will add the OWNER name to the bottom of this list. When a system hook-up is available, as permitted by the WA State DOH, the Secretary will offer a CERTIFICATE to the first OWNER on the list.


The OWNER has 30 days to notify the Secretary that they accept the CERTIFICATE.


If OWNER chooses to accept, the Board President and Secretary will sign and date the CERTIFICATE. If OWNER declines or does not respond within 30 days the offer will be withdrawn and the CERTIFICATE will be offered to the next OWNER on the list.

RESOLVED, that the OIC collect fees for the initial hook-up of the water system to an owner's home and for any subsequent change of ownership to the home being serviced by the OIC water system.  

A hook up fee of $3500 must be paid before the CERTIFICATE will be issued.  The fee should be sent to the OIC Treasurer for deposit in the Water Certificate Reserve Account.

The hook-up fee paid in connection with the CERTIFICATE is refundable only under the following conditions: 1) An OWNER may request a refund when a significant circumstantial change prevents going ahead with the construction. 2) A CERTIFICATE may be revoked by the OIC Board if the first inspection by County officials, pursuant to such building permit, is not completed within two years from the CERTIFICATE issue date.  If a CERTIFICATE is revoked the OWNER is entitled to the full refund of the amount paid.

As approved by the OIC at the Annual Meeting in 1998 and restated here, any transfer of ownership of a home or lot that has a CERTIFICATE associated with it requires the new OWNER to pay the hook-up fee at the current rate at the time of the transfer of title of property.
The exceptions to the hook-fee:
1) All OWNERS at the time of the Annual Meeting,May19,1998, are exempt from paying a hook-up fee when accepting a CERTIFICATE.
2) Descendents or other family members who inherit or are gifted the property are exempt from future hook-up fees.

All communications between the OIC Board and OWNER, pursuant to this policy, shall be in writing (including email) and shall require a written confirmation of receipt. This resolution is in effect September 30, 2009 and amended April 9, 2014 and is not retroactive to prior situations.


 



 
 

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