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» Windandtide Restrictive Covenants (1971)
The original covenants were drawn up in 1947 and, for reasons known only to the originator, contained a provision whereby the agreement would expire in 1972. There was no provision for the renewal of these original covenants.
In 1971, with the 1947 covenants due to expire, several WindandTide residents undertook the task of writing new covenants. These were ratified in 1971 with a significant majority of WindandTide owners signing the document. It was thought at the time that having a majority of homeowners sign the document would bind the entire neighborhood. However, we now know by virtue of a formal legal opinion that only those lots whose 1971 owners signed the new covenants are now bound by that agreement.
While this new information has been disappointing, your elected representatives have the intent and indeed the obligation to vigorously enforce the 1971 covenants for those lots which are covered by that agreement. We have been assured by competent legal counsel that the covenants are fully enforceable for those lots that are covered by same. Furthermore, it appears that the covenants will be adequate to protect our 20,000 square foot minimum lot size in the event of annexation by Lynnwood or Mukilteo.
The Board believes that the covenants were written and ratified to protect the unique environment of WindandTide and we pledge to enforce those covenants to the best of our ability as you have elected us to do.
For some, the next logical question will be whether a particular lot is subject to the covenants. Persons interested in that information should either contact the company that provided their title policy or should question county officials directly.
Sincerely,
Your Windandtide Board
July 11, 2007
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