Covenants, Conditions, and Restrictions

This page provides essential excerpts from our CC&Rs for easy reading online. 

Transcribed CC&Rs

This document is transcribed from the poor-quality copies, making it easier to read and supporting PDF search. 

• Easy-to-read CC&Rs transcription

Official Documents

These documents are digital copies of the official documents that were filed with Washington County, Oregon.

• Scanned copy of Tualatin Commons CC&Rs (filed in 1993)

• Scanned copy of official CC&Rs (filed in 1995)

• Scanned copy of official Amendment (filed in 1996)

Architectural Committee

Article 7, below, outlines the formation and responsibilities of the Architectural Committee. To simplify the coordination, the board members also participate as the Architectural Committee, when needed. See specs and key projects on the Architectural Committee page. 

Essential CC&R Excerpts

Article 2: Membership and Voting Rights

2.1. Membership

Upon becoming the legal owner or contract purchaser of a unit, said owner shall automatically be a member of the Association and shall remain a member until his ownership ceases for any reason. Membership shall be appurtenant to and may not be separated from ownership of the Living Unit.

2.3. Meetings of Membership

2.3.a. Meetings of the membership shall be held at the office of the association or at such other places as shall be designated either within or without the State of Oregon by resolution of the directors and started in the notice of the meeting.

2.3.b. An annual meeting of the membership shall be held on the first Tuesday of June each year for the purpose of electing directors and for the transaction of such other business as may come before the meeting.

2.3.c. Special meetings may be called as provided by statute.

2.3.d. The membership shall elect a presiding officer to preside over membership meetings.

2.4. Directors

2.4.a. The number of directors of the Association shall be three. Directors shall be elected at the annual meeting of the membership and each director shall be elected to serve until a successor shall have been elected and qualified.

2.4.b. Regular meetings of the Board may be held upon such notice at such time and place either within or without the State of Oregon as shall from time to time be determined by the Board.

2.4.c. The first meeting of each newly elected Board of Directors shall be held immediately following the annual meeting of the membership.

2.4.d. Nothing herein shall preclude the membership from sitting on the Board of Directors.

Article 4: Covenant for Maintenance Assessment

4.2. Purpose of Assessments

The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, enjoyment and welfare of the residents in The Properties and, in particular, for the improvement and maintenance of property, services and facilities devoted to the purpose and related to the use and enjoyment of the Common Areas and of the Living Units situated upon The Properties.

4.3. Basis of Annual Assessment

The Board of Directors of the Association shall, after consideration of the current operational costs and projected future financial liabilities to include repair and/or replacement of common component elements, fix the annual assessment.

4.4. Special Assessments for Capital Improvements

Upon vote of the Members in the manner hereinafter set forth, the Association may levy, in addition to annual assessments, a special assessment in any calendar year applicable to that year only, for the purpose of defraying in whole or in part the costs of construction of a described capital improvement upon the Common Areas, thereto.

4.5. Voting and Notices for Special Assessment

Any special assessment must have the assent of five-sevenths of the votes of the Members who are voting in person or by proxy at a meeting duly called for that purpose. Written notice of the meeting shall be sent to all Members at least 30 days in advance of the date of such meeting, setting forth the purpose of the meeting.

4.7. Duty of the Board of Directors

The Board of Directors shall fix the amount of the annual assessment and/or reconstruction, repair or replacement assessment against each Building Site or Living Unit and give the Owner subject thereto written notice of such assessment at least 30 days in advance of the due date of such assessment. The Board shall cause to be prepared a roster of The Properties subject to assessments with assessments applicable to each such property and shall keep such roster in the Association office subject to inspection by any Owner. The Board of Directors shall also have authority to require that annual assessments be paid in semiannual, quarterly or monthly installments.

The Association shall upon demand at any time furnish to any Owner liable for an assessment a certificate in writing setting forth whether the assessments on the property owned by such Owner have been paid.

4.8. The Effect of Nonpayment of Assessments; Lien of Association

If an assessment is not paid on the due date, such assessment shall become delinquent and shall bear interest at the rate of 10 percent per annum from such due date. The secretary of the Association shall file in the office of the Washington County clerk within 90 days after such delinquency a statement of the amount of the delinquent assessments, together with interest, and upon payment in full thereof shall execute and file a proper release of such lien. Such assessment with interest set forth above shall constitute a lien on such Building Site or Living Unit from the date of the filing notice of delinquency until the lien is released as herein provided. The Association may bring an action at law to enforce payment of a delinquent assessment against the Owner personally obligated to pay the same and may enforce such lien in the manner provided by law with respect to a lien on real property and, as an alternative option, may enforce such lien in the manner provided by law with respect to the foreclosure of mechanic’s and materialmen’s liens pursuant to ORS Chapter 87.

In the event a judgment or decree is obtained in favor of the Association, the Owner shall be liable for the Association’s court costs and disbursements and reasonable attorney’s fees to be fixed by the court, such costs, disbursements, and attorney’s fees to be further secured by such lien. No Owner may waive or otherwise escape liability for assessments by nonuse of the Common Areas or abandonment of his Building Site or Living Unit.

Article 5: Tualatin Development Association

MEWS AT THE COMMONS is part of the Tualatin Development Association. It shall be the policy of MEWS AT THE COMMONS to cooperate and participate with owners and tenants of the Tualatin Commons. and as such, adopts and incorporates herein the Protective Covenants, Conditions and Restrictions of the Tualatin Development Association Declaration, City of Tualatin, County of Washington, State of Oregon, dated October 11, 1993, recorded October 12, 1993 and all other restrictions of record.

Article 6: Party Walls

6.1. General Rules of Law to Apply

Each wall which is built as a part of the original construction of the homes upon The Properties and placed on or immediately adjacent to the dividing line between the Lots by different owners shall constitute a party wall and, to the extent not inconsistent with the provisions of this article, the general rules or law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

6.2. Sharing of Repair and Maintenance

The cost of reasonable repair and maintenance, including damage or destruction by fire or other casualty, shall be shared equally by the Owners whose Lots abut such wall. If one Owner repairs or restores such wall, the other Owner or Owners shall contribute to the cost of restoration without prejudice, however, to the right of any such Owners to call for a larger contribution under the rule of law regarding liability for negligent or willful acts or omissions. The right of any owner to contribution from any other Owner under this section shall be appurtenant to the land and shall pass to such owner’s successors in title. Assessments made pursuant to Article 5 hereof shall not abate during the period of repair and/or restoration.

Article 7: Architectural Committee

7.1. Architectural Committee

Declarant has appointed an architectural committee consisting of three members whose initial terms of office shall expire upon the happening of either of the following events, whichever occurs earlier:

7.1.a. When Declarant has completed development and sale of all Lots within The Properties, or

7.1.b. On a date three years from the date of recording of those Covenants, Conditions and Restrictions in the Washington County deed records. 

The Board of Directors of the Association shall not appoint additional members of the committee during the initial term of office. If any member of the committee is unable or unwilling to perform the duties of office during any portion of the initial term of office, the remaining members shall elect a successor member. Upon the expiration of the initial term of office, successor and additional committee members shall be appointed to office by the Board of Directors of the Association. No member of the architectural committee shall receive any compensation from the Association or may any charge for his services as such. Any member, however, may be reimbursed for actual out-of-pocket expenses incurred in the performance of duties as a member of the architectural committee.

7.2. Duties of Architectural Committee

It shall be the primary duty of the architectural committee to supervise and control the architectural design, ornamentation, location and aesthetics of structures upon The Properties to ensure compliance with the plan of development for MEWS AT THE COMMONS. No person shall erect, remove or alter any building, structure, wall, fence or improvement on any Lot or Building Site without the written approval of a majority of the architectural committee.

7.3. Submission of Plans

All persons who propose to erect, remove or alter any building, structure, wall, fence or improvement on any Lot or Building Site shall submit written plans, drawings and specifications therefor to the architectural committee for approval or disapproval at least 30 days prior to the proposed action. The architectural committee shall approve or disapprove the proposal within 30 days; provided, however that the architectural committee shall be deemed to have approved the proposal if it takes no action on the proposal within 30 days following submission.

7.4. Standards for Action

The architectural committee shall apply, in deciding whether or not to approve a proposal, the standards specified in the Zoning Ordinance for density, types of buildings, garages and carports, set back requirements, fences, utilities and rear yard placement. The committee may by unanimous resolution adopt additional standards. The committee shall make available for inspection to any Owner or agent of an Owner at all reasonable times the standards specified in the Ordinance and such additional standards as have been adopted by the committee.

Article 8: Maintenance

8.1. Maintenance of Common Areas

The Association shall maintain or provide for the maintenance of the Common Areas.

8.2. Exterior Maintenance

The Association shall provide exterior maintenance upon each unit as follows:

8.2.a. paint maintenance, repair and replacement of fences, roofs, gutters, downspouts, rain drains, exterior building surfaces, including siding, doors, and trim, but excluding glass surfaces;

8.2.b. maintenance of the landscaping of the yards of each lot, including routine fertilization and trimming of grass, trees and shrubs and such other care as may be determined by the Board of Directors to be appropriate or necessary to sustain an attractive appearance.

In the event that the need for maintenance or repair of the unit is caused through the willful or negligent acts of the family, guests or invitees of the owner of the unit needing such for the cost of such maintenance or repair as a special assessment to which such unit and owner are subject.

Article 9: Use Restrictions

The following restrictions shall be applicable to The Properties and shall be for the benefit of and limitations upon all present and future Owners of The Properties, or of any interest therein:

9.1. Mews

Mews units may be used for housing use or commercial use or combination thereof except as prohibited in Section 13 provided; however, such uses shall otherwise conform to all applicable code requirements, including parking.

9.2. Signage

Unless written approval is first obtained from the architectural committee, no sign of any kind shall be displayed to the public view on any lot or structure except one professional sign used to advertise the owner’s business purpose. Approval shall also be subject to the sign conforming to the rules, regulations and covenants of the Tualatin Commons.

9.3. Animals

No animals or fowls shall be raised, kept or permitted within the Property or any part thereof, except domestic dogs, cats, or other household pets kept within a unit. No such dogs, cats or pets shall be permitted to run at large nor shall be kept, bred or raised for commercial purposes or in unreasonable numbers. Any inconvenience, damage or unpleasantness caused by such pets shall be the responsibility of the respective Owners thereof. All dogs shall be kept on a leash while outside a unit. An Owner may be required to remove a pet after receipt of two notices in writing from the Association Board of Directors of violations of any rule, regulation or restriction governing pets within The Property.

9.4. No Dumping

No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage, or any other waste. No garbage, trash, or other waste shall be kept or maintained on ay part of The Properties, except in a sanitary container.

9.5. No Annoyance or Nuisance

No noxious or offensive conditions shall be permitted upon any part of The Properties nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

9.6. Prohibited Vehicles and Structures

No trailer, camper-truck, tent, garage, barn, shack, or other out-building shall at any time be used as a residence temporarily or permanently on any part of The Properties.

9.7. Parking

9.7.a. Parking of boats, trailers, motorcycles, trucks, camper-trucks, and like equipment shall not be allowed on any part of The Properties nor on public ways adjacent thereto, excepting only within the confines of an enclosed garage.

9.7.b. Each unit shall have one assigned, common area guest parking stall.

9.8. No Common Area Changes

Common areas are to be maintained by the Association and no changes in landscaping, removal or trimming of trees, lawns, or shrubs in the Common Area will be permitted without written authorization by the architectural committee.

9.9. Walks & Courtyards

All walks and courtyards are for the use of Members on an equal basis, subject to reasonable rules and regulations promulgated from time to time in writing by the Board of Directors of the Association. It shall be the responsibility of each Member to allow maximum ease of pedestrian and vehicular ingress and egress over walks and streets and driveways by prohibiting automobile parking in front of garages or in the courtyard and allowing no obstruction or barrier on, across, or adjacent to sidewalks which would interfere with any other Member’s use of the Common Areas or access to the Member’s own Lot or Building Site.

9.10. No Exterior Painting or Changes

Owners are expressly prohibited from painting or changing the exterior of any building, garage, fence or wall without written permission of the architectural committee. The architectural committee will consider all proposals in light of the overall nature and character of the neighborhood and will not act in an arbitrary manner.

9.11. Antennae

Installation of radio and/or television antennae is prohibited outside any building without permission from the architectural committee.

9.12. Common Area Activities

The Board of Directors of the Association will have jurisdiction over activities permitted in the Common Areas. All disputes, complaints or matters of change in existing or future use restriction will be submitted to the Board of Directors of the Association for decision.

9.13. Prohibited Commercial Uses

The following commercial uses are prohibited:

9.13.a. Restaurant (requiring hot food preparation by any means other than microwaving)

9.13.b. (use was stricken in amendment)

9.13.c. Pet grooming, sales or boarding

9.13.d. Adult book and video store

Article 11: General Provisions

11.1. Enforcement

The Association, any Owner and the holder of any recorded mortgage shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens, and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association or by any Owner to exercise the right of enforcement shall not be deemed a waiver of the right to do so thereafter.

11.2. Severability

Invalidation of any one of these Covenants, Conditions and Restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.

11.3. Amendment

These Covenants, Conditions and Restrictions shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns. Any Covenants, Conditions or Restrictions, except the easement herein granted, may be amended by an instrument signed by members entitled to cast 75 percent of the total votes. All such amendments shall be recorded in the Washington County deed records.

11.4. No Right of Reversion

Nothing contained in the Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling The Properties, or any part thereof, shall be deemed to vest or reserve in Declarant or the Association any right of reversion or re-entry for breach of violation of any one or more of the provisions hereof.

11.5. Insurance

The Board of Directors of the Association shall cause every building and improvement located on theCommon Areas to be insured with broad form fire and extended coverage, and flood insurance (if required) for the replacement value thereof and shall cause the insurance company to furnish certificates showing insurance to be in effect, with such less payable endorsements as may be necessary. The Board of Directors of the Association shall assess the proportionate cost of such insurance against all owners, and such assessment shall become a lien and collectible and enforceable in the same manner as all assessments provided for herein. The Board of Directors of the Association shall direct the agent or broker writing such insurance coverage to make the appropriate premium allocations. Additionally, the Board of Directors of the Association shall acquire such liability coverage for the protection of the Association and Owners as the board, in its discretion, deems advisable.