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. Revised 2018

1. “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.

2. 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.

3. 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.

4. 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.

5. 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.

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. 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.

7. 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.

8. 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.

9.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.

Bulletin

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 for the 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.

SOLAR ENERGY PANELS/DEVICES POLICY AND REGULATION

Last modified April 13, 2021

1. 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.

2. 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.

3. 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.

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.