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CC&R ARTICLE 04: MANAGEMENT AND MAINTENANCE
4.1 Authority of the Association. The Association shall have all of the power and authority conferred by RCW 64.34.304, except that the Association shall not assign its right to future income. In addition and without limitation on the foregoing, the Association shall have the exclusive authority for administration and management of the condominium; the exclusive right to contract for goods and services for the operation and management of the condominium; to pay for all goods and services contracted by the Association to maintain one or more bank accounts in the name of the Association and, subject to limitations elsewhere in this Declaration, to authorize persons to draw on such accounts; to delegate authority to its employees and agents and to contract for management of the condominium; and to do any and all things necessary and convenient to the administration and caretaking management of the condominium and to carry out the provisions of this Declaration. However, the Association shall not have the authority, to enter into any agreement for professional management of the condominium on behalf of the Association unless by its terms the agreement may be terminable by the Association for cause upon not more than 30 days' notice and the term of the agreement shall not exceed more than one year; provided that the agreement may be renewable for successive one-year periods by agreement of the parties. Under no circumstances shall the Association be authorized to or actually conduct, manage or engage in any business for profit for or resulting in return to the unit owners, including without limitation the business of management of any of the units for hire; provided that nothing herein shall prevent the Association from placing its funds at interest nor permitting use of portions of the common elements in exchange for payments or other valuable consideration to the Association. The board of directors of the act in all instances Association shall on behalf of the Association.
 
4.2 Declarant's Right to Control. The Declarant shall have the exclusive right to control the Association from the time when this Declaration is recorded until the earlier of (a) 60 days after the date by which 75 percent of the units which may be created have been conveyed to unit owners other than Declarant, or (b) two years after the first conveyance or transfer of record of a unit by Declarant except as security for a debt. Subject to the limitations of RCW 64.34.308(5) requiring the election of certain members of the board of directors by the unit owners, during the period of Declarant control, the Declarant may appoint and remove officers of the Association and members of the board of directors of the Association. The Declarant may voluntarily surrender the right to appoint and remove officers and members of the board of directors of the Association before the expiration of the period defined by (a) or (b) of this paragraph and require that, for the remainder of that period, specified action by the Association or the board of directors as described in an instrument recorded and executed by the Declarant be approved by the Declarant before the action becomes effective. However in no event shall the Declarant have authority to cause the Association to enter a management or employment contract calling for performance over a term of more than 90 days or a lease on behalf of the Association unless by its terms the contract or lease may be terminated on not more than 90 days' notice without penalty and without cause. In no event shall the Declarant have the authority to cause the Association to enter into a contract for professional management of the condominium unless the contract gives the Association the right to terminate the contract without cause at any time after the period during which the Declarant has the right of control expires as provided in this paragraph or the Declarant voluntarily surrenders control of the Association, whichever is first.
 
4.3 Maintenance Duty. The Association shall have the duty to maintain the common elements. Each unit owner shall have the right at the owner's cost and expense to alter, add to, change, remove and otherwise make improvements within the owner's unit subject only to the restrictions herein provided for. Each unit owner shall have the duty to maintain the improvements in the owner's unit in good repair and condition and shall not interfere with the use and enjoyment of the common elements. The Association shall have no duty to maintain any of the improvements which are within any unit. Notwithstanding the foregoing, the Association shall have the right to cause the landscaped lawns and planting beds between a residential building in each unit and the common element roadway abutting the unit to be tended, maintained, mowed and irrigated as a common expense of the condominium. For that purpose, the Association and its agents and contractors shall have the right to enter upon that portion of each unit.
 
4.4 Indemnity of Officers and Directors. Every officer and director of the Association shall be indemnified by it against all liabilities and expenses, including attorneys' fees, which may be incurred by or imposed upon the officer or director in connection with any matter or proceeding in which the officer or director may become involved by reason of being or having been an officer or director of the Association, except in actions by or on behalf of the Association in which the officer or director is adjudged guilty of a breach of duty toward the Association. Such indemnification shall include settlement of any such matter when the Association approves such settlement. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which the officer or director may be entitled.
 
4.5 Rules and Regulations. Acting for the Association, the directors shall have the authority to adopt, change amend and repeal rules and regulations governing the use of the condominium and common elements by the unit owners and others, provided that such rules and regulations shall be uniformly applicable to all unit owners. All rules and regulations adopted pursuant hereto shall be complied with by the users of the condominium and shall be enforceable as provided by law. Any rule or regulation may be amended, altered, changed or repealed at a meeting of the Association, provided procedures, if any, therefor as set forth in the bylaws are complied with.