CC&Rs

This is the compiled text of the Amberleigh HOA Convenants, Conditions, and Restrictions (CC&Rs), as of October 2025 (2025-10-25). 

CC&Rs are recorded with Snohomish County as a base document with separately-filed amendments. This means that a singular, compiled text cannot be procured as an official document. Thus, this compiled document is designed for Owners' consumption and review, not as a legally binding document. 

Please also note the formatting of this page has been changed for publishing on this website and will differ from the printed versions of the documents.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (Restated including Amendments)

OF 

AMBERLEIGH HOMEOWNERS' ASSOCIATION

THIS DECLARATION is made o  the date hereinafter set forth by WILLIAM E . BUCHAN, INC. ("Declarant"), who is the owner of certain land situated in the State of Washington, County of Snohomish known as Amberleigh, which is more particularly described in Exhibit A, in order to ensure preservation of the gracious residential environment at Amberleigh, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon will be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements in perpetuity, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be perpetually binding upon all parties having or acquiring any right, title or interest in such lands or any portion thereof and shall inure to the benefit of each owner thereof and to the benefit of Amberleigh Homeowners' Association and shall otherwise in all respects be regarded a s perpetual covenants binding and running with the land. Invalidation of any one of these covenants by judgment or court order shall in no way affect the other provisions which shall remain in full force and effect.

1. DEFINITIONS. For purposes of the Declaration and the Articles of Incorporation and the Bylaws of the Amberleigh Homeowners' Association, certain words and phrases shall have particular meanings as follows:

1.1 "Association" shall mean and refer to the AMBERLEIGH HOMEOWNERS' ASSOCIATION, its successors and assigns.

1.2 "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Section 10. For purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the "Temporary Board" or "Declarant" as provided in Section 7 unless the language or context clearly indicates otherwise.

1.3 "Properties" shall mean and refer to the real property described with particularity in Exhibit A and such additions to that property which may hereafter be brought within the jurisdiction of the Association.

1.4 "Common Maintenance Area(s)" (CMA) shall mean those portions of all real property (including the improvements thereto) maintained by the Association for the benefit of the members of the Association. The areas to be maintained by the Association are described as follows: 

1. Landscaping tracts located a t entry of Plat (Tract H and I);

2. Cutting preserve area (Tracts A, B , D and G);

3. Landscaped screening buffer area (Tract E);

4. Private pedestrian easements (Tract C and F ) (concrete walks within the public easements will be maintained b y the City of Mill Creek);

5. Private street lights (structures and lights);

6. Landscaping adjacent t o pedestrian casements;

7. Lawn areas, plantings and landscaping between the street and edge of the building and outside the private courtyards.

8. Neighborhood park (Tract J;

9. Irrigation systems utilized in common maintenance areas; and

10. Detention system located i n Tract A and drainage easements.

11. Mailbox stands within the plat of Amberleigh.

All lawns are Common Maintenance Areas. Members of the Association shall have no right to use lawns or planting beds of other members of the Association for any purpose. The homes and lots in this plat are privately owned.

1.5 "Lot" shall mean and refer t o any plot of land other than those designated as tracts shown upon the recorded subdivision map of the Properties which shall b e numbered (1-88).

1.6 "Declarant" shall mean and refer to WILLIAM E . BUCHAN, INC., its successors and assigns, if such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development.

1.7 "Development Period" shall mean and refer to that period of time defined in Section 14 of this Declaration.

1.8 "Other Parcels" shall mean those parcels of land selected b y the Declarant which may be added to the Properties by Declarant in accordance with Section 3. 

1.9 "Plat" shall mean and refer to the Plat of Amberleigh as recorded in Volume 58 of Plats, Pages 289 trough 301, Records of Snohomish County, State of Washington, recorded under Recording No. 9503305004.

1.10 "Residence" shall mean and refer to buildings occupying any Lot, including the common walls of such structures.

1.11 "Cutting Preserve Tracts" are those tracts s o designated o n the Plat. These tracts have been set aside, in the areas indicated on the Plat, for the protection and preservation of native growth located on the Properties and are subject t o the control of the City of Mill Creek. 

1.12 "Common Area" shall mean any real property located in the plat which is owned by the Association for the common use and enjoyment of the members of the Association, designated o n the face of the Plat and consist of:

1. Cutting preserve tracts;

2. Private pedestrian easement tracts;

3. Landscaping located adjacent to pedestrian easements;

4. Landscaped screening buffer in Tract E;

5. Neighborhood park;

6. Landscaped tracts (H and I) located at entrance to Plat.

2. PRE-EXISTING RESTRICTIONS. The Properties covered by this Declaration shall continue t o b e subject t o previous covenants, conditions, encumbrances and restrictions, t o the extent that such restrictions are valid. These properties are subject to the Covenants and Restrictions o f the Mill Creek Community Association (MCCA).

3. OTHER PARCELS. RESERVED

4. DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT.

4.1 Management by Declarant. Development Period shall that period of time from the date until (1) a date five years from the date of recording this Declaration or (2) the thirtieth (30th) day after Declarant has transferred title to the purchasers of Lots representing ninety-nine percent (99%) of the total voting power of all Lot Owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Section 4 by written notice to all Owners, whichever date first occurs. Until termination of the Development Period, the Property shall be managed and the Association organized at the sole discretion of the Declarant.

4.2 Notices to Owners. Not less than ten (10) nor more than thirty (30) days prior to the termination of the Development Period, the Declarant shall give written notice of the termination of the Development Period to the owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new officers and Directors of the Association. Notwithstanding any provision of the Articles or Bylaws of the Association t o the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the owners of five Lots shall constitute a quorum. The Board of Directors and Officers of the Association may be elected by a majority vote of said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association.

4.3 Temporary Board. Declarant may in his sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Lot Owners, or are representatives of corporate entiteis or other entities which are Lot owners, as a Temporary Board. This Temporary Board shall have full authority and all rights, responsibilities, privileges and duties to manage the Properties under this Delcaration and shall be subject to all provisions of this Declaration, the Articles, and the Bylaws, provided that after selecting a Temporary Board, the Declarant, in the exercise of his sole discretion, may at any time terminate the Temporary Board and resume his management authority under Section 4 or select a new Temoprary Board under this section of Section 4. During the Development Period, it will not be necessary to conduct the affairs of the Association in accord with the provisions of the Bylaws. It shall only be necessary to adhere to the Bylaws if a Temporary Board is appointed during this period.

4.4 Absense of Temporary Board. So long as no Temporary Board is managing the Properties or until such time as the first permanent Board is elected, should Declarant choose not to appoint a Temporary Board, Declarant or a managing agent selected by the Declarant shall have the power and authority to exercise all the rights, duties and functions of the Board and generally exercise all powers necessary to carry out the provisions of this Declaration, including but not limited to enacting reasonable administrative rules, contracting for required services, obtaining property and liability insurance, and collecting and expending all assessments and Association funds. Any such managing agent or the Declarant shall have the exclusive right to contract for all goods and services, payment for which is to be made from any monies collected from assessments.

5. EASEMENTS, OPEN SPACE AND BUILDING SETBACK AREAS

5.1 Conveyance of Common Areas. Declarant hereby transfers and conveys to the Amberleigh Homeowners' Association for the common use and enjoyment of the Association and the owners all common areas which are designated on the face of the Plat and an easement which allows residents of Amberleigh to make use of Common Areas located in Amberleigh.

5.2 Cutting Preserve. No clearing, grading or filling of any kind, building construction o r placement, or road construction shall occur within any cutting preserve (Tracts A , B, D and G) except for necessary utility installations without prior written permission from the City of Mill Creek. Removal of trees by the adjacent property owner shall be limited to those which are dead, diseased or hazardous, upon receiving permission to do so from the City of Mill Creek. No adjustment to the boundary of such tracts shall occur unless first approved through the formal plat process. 

5.3 Landscaped Screening Buffer. The purpose of this buffer (Tract E) is to benefit the Plat of Amberleigh (rather than the adjacent Plat of Miller's Village) by providing a vegetative buffer or fence which screens views of adjacent development. No clearing, grading or filling of any kind, building construction or placement, or road construction shall occur in these areas except for necessary utility installations. No adjustment to the boundary of these areas shall occur unless first approved through the formal platting process.

6. AREAS OF THE PLAT

6.1 Neighborhood Park. There is a neighborhood park on Tract J, which is privately owned and is to be used only by residents of Amberleigh and their invited guests. The park can be used only during daylight hours. Homeowners will bear total financial responsibility for any problems which result from the use which they and their invitees make of the park.  No use of the park will be made which unreasonably interferes with the ability of homeowners to enjoy their property. The Board will develop rules which will regulate use of the park. If owners, their relatives, invitees or guests breach the regulations of the Board governing park use, their privilege to use the park shall be revoked. Each individual owner covenants for itself, its heirs, successors, assigns and tenants, that it shall assume all risks associated with park use, including but not limited to the risk of property damage or personal injuries resulting from the use of the park and shall indemnify and hold harmless the Declarant, the Association and the Board of Directors of the Association from any liability, claims or expenses, including attorneys' fees arising from property damage or personal injuries resulting from the use of the park.

6.2 Public Pedestrian Easement. There are pedestrian easements in Amberleigh which are open to members of the public and which will be maintained by the City of Mill Creek which are described on the recorded plat.

6.3 Common Driveways. Some homes shall share common driveways as shown on the recorded plat. Such driveways shall only be used for ingress and egress or other uses for such driveways, described on the face of the plat. Cars cannot be parked in the common driveway and the driveways are not a recreational area and shall not be used as a sport court or playground. No activities shall be conducted in this area, which unreasonably interferes the right of other property owners to enjoy their homes.

If it becomes necessary to repair common driveways either the owners who use the driveway or the Board shall repairs, and adjacent owners utilizing the common driveway each bear an equal share of the repair expense. If homeowners fail to make timely repairs to driveways, the Board will determine if the repairs are necessary, give the owners notice of the make repairs, and make such repairs and assess the property equally for repair costs.

6.4 Private Courtyards. All homes have private courtyards. No use shall be made of the courtyard area which unreasonably interferes with the right of nearby property owners to enjoy homes and courtyards.

6.5 Fences.

(a) Party Fences. There are some houses with shared party fences which are fences located on property lines between lots and shared by lots. If it becomes necessary to repair or maintain party fences, the owners who share the fence shall make repairs and shall each bear an equal share of the repair expense unless the repair is due to damage caused by one of the owners, in which case that owner shall be responsible for the repair. If homeowners) fail to make timely repairs to fences, the Board will determine if the repairs are necessary, give the owners) 30 days notice of the need to make repairs, and make such repairs and assess the property owners) for repair costs.

(b) Common Fences. There are common fences throughout the plat of Amberleigh which are located on common areas and tracts and not shared by individual lots. The Maintenance and repair of common fences is the responsibility of the Amberleigh Homeowners' Association.

(c) Private Fences. There are private fences in the plat of Amberleigh which are on individual lots, not shared by lots, but which may be located on a lot line between a lot and common area or tract. If it becomes necessary to repair or maintain private fences, the property owner of said lot shall make the repairs. If the homeowner fails to make timely repairs to fences, the Board will determine if the repairs are necessary, give the owner 30 days notice of the need to make repairs, and make such repairs and assess the property owner for repair or maintenance cost.

7. MAINTENANCE AND MANAGEMENT OF THE COMMON AREAS.

7.1 Responsibility for Maintaining Common Maintenance Areas.