RULES AND REGULATIONS

The Restrictive Covenants that run with the land, the Articles of Incorporation, Bylaws, Architectural

Control Guidelines and these Rules and Regulations govern the conduct of all members of SVCA. Owners of

Sudden Valley lots and/or condominiums are subject to their provisions by virtue of their SVCA

membership. Such membership is established by purchase or acceptance of transfer of the Lot or

Condominium from any previous owner(s) of record. The purpose of these Rules and Regulations is to lend

greater definition to the Restrictive Covenants of the Association. The following Foundation Statement was

conceived in order to furnish guidance and intent to these Rules and Regulations, to lend credence to our

1. Member Responsibilities for General Activities:

1.1 Property owners of SVCA are responsible for the actions and compliance with these Rules and

Regulations by their families, guests, tenants and agents.

1.1.1 SVCA will not be held responsible for any accident or injury in connection with the use of any

facility or common area by members, their guests, invitees, tenants or agents.

1.1.2 SVCA may suspend certain privileges of any person found in violation of these Rules and

Regulations.

1.1.3 The cost of repairing damage to SVCA property caused by members, their guests, invitees,

tenants, agents or pets may be reasonably charged to the property owner.

conduct was likely and did not take action to prevent it, or where the property owner intentionally aided,

abetted or contributed to the behavior or conduct, or created conditions where such behavior or conduct was

likely to occur, or where the owner either knew that the guest intended or was predisposed to become

aggressive or assaultive.

(a) An extraordinary fine assessment shall be deemed to be above $1000 in cases involving

aggressive or assaultive behavior toward security or other SVCA personnel. (See Appendix L)

1.1.6 Non Member Rules Enforcement – The Association’s Administration, through the General

Manager, shall be authorized to pursue all reasonable actions available for rules enforcement in the case of

non members. Such action may include the issuance of citations, swearing civil and criminal complaints,

using collections agencies, working cooperatively with law enforcement agencies, trespassing violators,

and civil penalties. Persistent or serious violators of Association rules or who disrupt the peace and

tranquility of the Community may be declared unwelcome in the Community and directed not to return

without prior administrative permission from the General Manager.

1.2 Sudden Valley is a declared wildlife and bird sanctuary. The use of firearms, hunting, the molesting of

birds and their nesting or feeding areas, the trapping or harming of other wildlife by any means is strictly

prohibited except by proper authorities working within an approved control program.

1.2.1 Deer Feeding Prohibited - It shall be a violation of this rule to feed deer, maintain a deer feed

area or station or feed any other wild animal in a matter that would attract deer within the boundaries of

member’s home.

1.3.1 No firearm shall be carried or displayed at any meeting or other activity conducted by the

Association, or in any Association facility or on Association property.

1.3.2 This rule shall not apply to law enforcement officers in the performance of their duties.

1.3.3 Firearms shall be defined as to include but shall not be limited to rifles, shotguns, revolvers,

pistols, air pistols, pellet guns, air guns of all types, tasers, stun guns, pepper sprays, bows and arrows, cross

bows and slingshots.

1.4 Use of firecrackers and fireworks in general are prohibited within Sudden Valley except in areas and at

times specified by SVCA.

and NWAPA are available at the Administration Office).

1.6.1 Definition:

“Fire fighting instruction fire” means fires for instruction in methods including, but not limited to,

training to fight structural fires and forest fires.

“Land clearing burning” means outdoor burning of trees, stumps, shrubbery, or other natural

vegetation from land clearing projects.

“Recreational fire” means cooking fires, campfires, and bonfires using charcoal or firewood that

occur in designated areas or on private property for cooking or pleasure.

“Residential burning” means the outdoor burning of leaves, clippings, and other yard and gardening

refuse originating on lands immediately adjacent and in close proximity to a human dwelling and burned on

(a) Recreational fires with a total fuel area of less than three (3) feet in diameter and/or two (2) are

permitted.

(b) Fire fighting instruction fires.

1.6.4 When a burn ban is in effect in Sudden Valley no outdoor fires except properly enclosed

cooking fires using gas or charcoal as fuel will be permitted. All other outdoor fires (open flame, including

recreational fires as described in 1.6.3) are prohibited for the duration of the burn ban.

(a) A burn ban will automatically go into effect in Sudden Valley if Whatcom County declares a burn

ban.

(b) A burn ban may be declared in Sudden Valley by the Board President or the General Manager if a

(d) A first violation of this rule will subject the violator to a fine of $250. Subsequent violations will

be punishable by a fine of $500.

1.7 Actions or activities by members (or those for whom the member is responsible), either intentionally or

through negligence, which may be or may become an annoyance, nuisance or hazard to adjacent property

owners or unreasonably affect the quiet enjoyment of any individual, household or the neighborhood, are

prohibited and subject to a Notice of Violation.

1.7.1 This shall include, but not be limited to, excessive noise, loud music, barking dogs, motor

vehicle noise. It shall additionally include any tool, machinery or construction noise after designated hours

(see Section 14.7), or any other activity, which might unreasonably annoy or endanger an individual or the

1.8.1 Use of the Association’s mailing list of owners may be authorized by the Board of Directors for

the purpose of non-commercial communications with the owners, and such authorization will be restricted to

other owners and government agencies.

1.8.2 Sudden Valley Security staff has authorization to issue trespass warnings to any trespasser or

loiterer when deemed necessary.

1.9 All SVCA-owned indoor facilities are designated as non-smoking areas, with no exception.

1.9.1 All SVCA owned vehicles with the exception of golf carts are non-smoking vehicles.

1.10 Signs placed on platted lots, condo and commercial tracts must comply with Architectural Control

are deemed by the Sudden Valley Community Association to be unsightly, unkempt or cluttered with

refuse, trash, debris or otherwise unacceptable;

(b) The securing of unsecured property or structures that are left open to the uncontrolled entry of

others that is deemed to be unsafe, a nuisance or inappropriate under the circumstances;

(c) The removal of vehicles that are abandoned, unsightly, and open to public view, in a state of

disrepair or that are disabled for an unreasonable period;

(d) The termination of activities, behaviors, actions or acts that are unreasonably loud, obnoxious,

unruly, offensive or disruptive to the public peace and/or safety, or that are inconsistent with the

health, safety, order or peaceful enjoyment of neighbors or residents, or the Sudden Valley

Community.

1.11.2 Correction or Abatement Required – Any property owner, or other person in control or

requirement to abate it, when given by a representative of the Sudden Valley Community

Association. Such correction or abatement may include removal, acceptable storage, renovation,

repair or any other method of correction or abatement that is acceptable to the Sudden Valley

Community Association.

(b) Engages in, permits, allows or suffers activity, behavior, action, or acts that are unreasonably

loud, obnoxious, unruly or disruptive to the peace, tranquility or that are inconsistent with the health,

safety, order or peaceful enjoyment of neighbors, residents or the Sudden Valley Community, shall

terminate, correct or abate such unacceptable activity, behavior, action or act without unreasonable

delay upon notification of such violation and the requirement to terminate the same, when given by a

representative of the Sudden Valley Community Association. Such response shall include the

(b) Vehicle-related violations must be initiated within 48 hours and be completely abated within 5

days of notification.

(c) Disruptive or unsafe conduct, behavior or acts shall be terminated immediately, without delay, or

as soon as is reasonably possible, at the discretion of the Sudden Valley Community Association.

1.11.4 Penalty for Violation – Any violation of this Rule shall subject the violator to a penalty of:

(a) For property or vehicle related violations, a notice of violation in the amount of $100 dollars per

day shall be assessed for the first 10 days for failure to initiate responsive action, or to complete the

corrective or abatement action once initiated. The penalty shall increase to $200 per day for the

second ten days that timely action is not taken, and shall increase to $300 per day for the third 10

days and until the violation is fully abated.

Manager, or his/her designee, upon a showing of a substantial effort to comply with the

for repeated violations on the same day or within 48 hours. The penalty shall increase to $500 per

violation after the receipt or discover of five or more similar violations.

(1) The initial penalty shall begin after a warning of violation has been delivered to the

property owner, or other person at the location of the violation, and where the unacceptable

behavior, conduct, act(s) or action(s) has not ceased within a reasonable period. A reasonable

period shall generally be at least 15 minutes. Subsequent violations shall be actionable where

the unacceptable conduct continues after one hour following the first penalty is assessed,

reoccurs within a specific time period or after a minimum of one hour.

1.11.5 Administrative Relief – Discretion – The Sudden Valley Community Association, in the

person of the General Manager, or his/her designee may, at his/her discretion, extend the abatement time

period or grace periods as circumstances warrant, and may suspend penalties or portions thereof, upon a

be necessary for the full and effective enforcement of these rules for persistent or unresponsive violators,

including nonmembers.

2. Use and Maintenance of Separately Owned Property:

2.1 Each property owner shall maintain his/her property in clean condition, free of trash, unused building

materials, combustible brush and materials that would tend to attract vermin or rodents and other debris.

2.1.1 The property owner(s) shall be responsible for the removal and clean up of dead or hazardous

trees, brush or limbs on his/her property.

2.1.2 Lots and common areas shall be kept clear of rubbish, trash, garbage, brush piles, vermin or

Sudden Valley. In the event that the violation is not cured by the owner after the second notice, the owner(s)

will be subject to a penalty of $250 for the first offense and $500 for a subsequent offense.

2.1.5 Sanitary Services Required for All Developed Property – All occupied residential structures

within Sudden Valley shall be required to subscribe to residential sanitary services for the regular collection

and removal of household refuse, garbage or trash during periods where the residence is occupied for more

than 30 days. Disposing of household trash, garbage or recycling materials through other than acceptable

methods will result in a fine assessment and possible criminal charges for littering, unlawful dumping or

theft of services.

(a) Exceptions – Persons who do not subscribe to sanitary services and who reside in a residence for

more than 30 days may request an exemption from the SVCA General Manager if they are able to

Manager or designee may, at his/her discretion, grant or refuse to grant such a request based on the

residence or that of another or on Association property is prohibited and subject to a fine assessment.

(c) Storing Refuse – Storing household refuse that is equal to more than two 30 gallon containers of

four large plastic bags is prohibited and shall be deemed to be a violation of this rule, unless the

responsible homeowner or renter is able to provide reasonable evidence demonstrating that the

amount of refuse stored is not more than would accumulate over a period of two weeks.

(d) Theft of Sanitary Services – Placing any residential, commercial or construction materials, trash

or refuse in a trash can, recycling receptacle or dumpster of the Association or of another person or

entity, without the permission of the owner of said container is prohibited and shall be subject to a

fine assessment by the Association and additionally may result in criminal charges.

(e) Household Trash in Recycling Bins – Placing household, commercial or construction refuse or

anything other than specifically acceptable recyclable materials in recycling bins is prohibited and

subject to a fine assessment and possible criminal charges.

2.2 Per Restrictive Covenant No. 3, only Single Family Detached Dwellings shall be permitted on property

so designated by the Covenants pertaining to each subdivision.

2.2.1 Properties found to be in violation of the Restrictive Covenant or SVCA Bylaws -Article VI,

Section 7 (duplexes, excessive number of unrelated occupants)- shall be subject to fines and/or legal action

on behalf of the Association to enforce the Covenant and Bylaws.

2.2.2 No person shall live in any hut, trailer, partially constructed dwelling or any other shelter, which

has not been approved by the ACC as living space.

2.2.3 No structure of temporary character, trailer, mobile or manufactured home, basement, tent,

shack, garage nor any outbuildings shall be used on any lot or common area as a residence.

2.3.1 In addition to the above, unlicensed or inoperable vehicles of any type must be garaged or

parked out of view under cover approved by the ACC. The 72-hour parking permit also is applicable when,

by necessity, these types of vehicles must be parked outside of an approved screened or covered area.

2.4 Camping on any property in Sudden Valley is prohibited, except for the Campground.

2.5 Unless otherwise provided for, delivery of US Mail to Sudden Valley residents shall be accomplished

through the use of centrally located banks of individually locked mailboxes.

2.6 It shall be the responsibility of each property owner to ensure that the Association records reflect their

for fines)

and phone number of such agency also must be provided. (See Appendix L for fines)

3. Use of the Roads:

3.1 The Motor Vehicle Laws of the State of Washington shall apply to the roads of Sudden Valley.

3.1.1 Maximum speed shall not exceed twenty-five (25) miles per hour and may be less where

posted.

3.2 Motorbikes and all-terrain vehicles are restricted to paved roads, are to be used for transportation only

and must be licensed.

3.3 Unattended parking on paved roads or on shoulders where any part of the vehicle projects into a traffic

whereupon the owner shall be billed for the expense. (See section 2.3.1)

3.4 Any person found driving in a reckless manner or exceeding speed limits within Sudden Valley may, in

addition to the penalties listed in Appendix L, Traffic and Vehicles, be denied the privilege of driving any

vehicle within Sudden Valley.

3.4.1 Employees, contractors, delivery drivers, visitors and all other users of Sudden Valley roads are

subject to these rules, and the penalties for violation of such rules and regulations will be billed to the

responsible property owner.

3.5 All persons using SVCA roads do so at their own risk, and the Association will not be responsible for

twenty-four (24) hours in advance of any complete road blockage exceeding fifteen (15) minutes duration.

3.7.1 Wherever partial or complete blockage occurs, traffic control flaggers, signs or adequate safety

devices shall be employed to sufficiently warn oncoming traffic of the blockage or detour. Such devices or

methods must meet Federal, State and local workplace safety standards.

3.7.2 Safety violations may be subject to SVCA Notice of Violation and reporting to appropriate

government agencies.

3.7.3. Drivers who ignore warning signs, or who in any way endanger work crews, are subject to

Notice of Violation and reporting to the County Sheriff for possible further action.

4. Use Fee Program: (Contact Administration)

members outside the platted boundaries of their lot or parcel, shall be with SVCA’s consent, but which

consent may be modified or revoked at any time.

5.1.1 Individuals or groups who engage in hazardous or destructive, or potentially hazardous or

destructive activities in Sudden Valley will be required to leave immediately.

5.2 Individuals who, in the opinion of SVCA staff, are incapable of reasonable control of their actions due to

drug or alcohol intoxication are prohibited from entering or remaining in any facility/amenity of SVCA.

5.2.1 Following infraction or repeated violation of the rules, SVCA staff may restrict the individual’s

(group’s) use of the facility/amenity, or where actions are judged by staff to be malicious, the individual(s)

may be asked to leave and not return to the facility/amenity for a period of time that is reflective of the

severity of the violation.

laws.

5.4 Use of profanity or obscene language is prohibited.

5.5 Special scheduled events have priority over regular activities.

5.6 Hours of operations and specific regulations affecting facilities will be as posted, and will form an

integral part of these rules (see Section 11, Rental of Facilities).

5.7 All injuries and/or accidents involving facilities or amenities of SVCA must be reported to SVCA

adult supervision, during which they may be permitted to attend said event inside the facility and onto patio

and lawn, but may not use the pool or access the immediate pool apron area, except as authorized by the

Board.

5.8.2 Breakable glass objects are strictly prohibited outside in proximity to the building and pool area

specifically.

5.8.3 All swimmers must shower before entering the pool.

5.8.4 Persons having skin lesions, sores or inflamed eyes, mouth, nose or ear discharges, or who carry

any communicable disease, shall not use the pool.

5.8.5 Urinating, expectorating, blowing the nose or depositing any foreign matter in the pool in

prohibited.

5.8.7 Appropriate swim attire is required. Cut-offs are not allowed in the pool.

5.9 Adult Center Pool: Use at your own risk.

5.10 Main swimming pool:

5.10.1 Sections 5.8.3 to 5.8.9 also apply to the main pool.

5.10.2 Glass items of any kind are expressly prohibited.

5.10.3 Use of fins, masks, snorkels or any toys must be authorized by the lifeguard on duty.

5.10.4 Lifeguards may request individuals to prove their swimming ability. Lifeguards may restrict

use of the pool by non-swimmers.

5.10.5 Children under eight (8) years of age must be accompanied by an adult. Children 8-12 years

old must be accompanied by an adult unless proven evidence of swimming ability is established.

5.10.6 The lifeguard is in charge at all times.

5.11.2 After 9 PM, all children younger than 10 (10) years of age must be supervised by a parent or

other responsible adult.

5.12 Golf Course:

5.12.1 Sudden Valley Golf Course is a privately owned golf course operated by the Sudden Valley

Community Association.

5.12.2 Dress Code: All golfers must wear appropriate golfing attire. Final decision in determining

dress code compliance lays with the golf professional and his/her staff.

(a) Male golfers must wear shirt with sleeves - collars optional, tailored pants or shorts.

Whatcom County for prosecution.

6. Pet Regulations:

6.1 (Sudden Valley has been declared a dog control zone, and these regulations are supplementary to those of

Whatcom County.)

6.2 Dogs are to be UNDER CONTROL at all times.

6.2.1. UNDER CONTROL means in the house or approved kennel, restrained by means of invisible

(electronic) fences, or on a leash or chain not longer than 15 feet, suitable for the animal’s size and weight.

regulations may be impounded and turned over to the Whatcom County Contractor. (currently SSP)

6.4 Residents who allow their dog to roam and/or bark and thereby disturb their neighbors may be subject to

Notice of Violation. (See Appendix L)