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Architectural Regulations 

Restated Architectural Regulations of Desert Aire Owners Association
 


Restated Architectural Regulations of Desert Aire Owners Association
 
 
Section 1      Definitions….............................................................................................................. 1
 
Section 2      Architectural Standards and Requirements................................................................ 3
2.01     Residential Lot Usage................................................................................................. 3
2.02     Recreational Vehicle Use........................................................................................... 4
2.03     Plans Required…........................................................................................................ 4
2.04     Exterior Requirements................................................................................................ 5
2.05     Manufactured Homes................................................................................................. 5
2.06     Compliance with Codes and Regulations................................................................... 6
2.07     Prosecution of Work................................................................................................... 6
2.08     Architectural Conditions............................................................................................ 7
2.09     Additions or Alterations............................................................................................. 7
2.10     Landscaping................................................................................................................ 8
2.11     Care and Appearance.................................................................................................. 9
2.12     Animals and Pets........................................................................................................ 9
2.13     House Numbers.......................................................................................................... 9
 
Section 3      Divisions Established............................................................................................... 10
3.01     Division 1................................................................................................................. 10
3.02     Division 2................................................................................................................. 12
3.03     Division 3................................................................................................................. 13
3.04     Division 4................................................................................................................. 14
3.05     Division 5................................................................................................................. 15
3.06     Division 6................................................................................................................. 16
3.07     Division 7................................................................................................................. 17
3.08     Division 8................................................................................................................. 19
3.09     Division 9................................................................................................................. 20
3.10     Division 10............................................................................................................... 21
3.11     Multi Family Zoned Areas and Condominiums....................................................... 23
3.12     Commercial Areas.................................................................................................... 24
 
Section 4      Administration.......................................................................................................... 24
4.01     General Intent........................................................................................................... 24
4.02     Architectural Committee.......................................................................................... 24
4.03     Filing of Regulations................................................................................................ 24
4.04     Amendment.............................................................................................................. 24
 
Section 5      Enforcement………................................................................................................. 25
5.01     Correction Notice…................................................................................................. 25
5.02     Correction Action – Enforcement – Venue & Attorney’s Fees and Court Cost...... 26
 
Section 6      Supersedes Prior Architectural Regulations……..................................................... 27


These Restated Architectural Regulations were adopted by the members of the Desert Aire Owners Association pursuant to Section 3.12 of the Restated Declaration of Covenants, Conditions and Restrictions of Desert Aire at its Annual Meeting held on June 28, 2024 and affect certain real property situated in Grant County, State of Washington, into a subdivision commonly known as “Desert Aire.”

Section 1         Definitions

  1. 01     “Association” means the Desert Aire Owners Association, a Washington non-profit corporation.
  2. 02      “Building Site” means a lot on which a structure will be located.
  3. 03      “By-laws” mean the amended by-laws of the Association.
  4. 04     “Board of Directors” means the Association’s Board of Directors.
  5. 05 “Declaration” means the Restated Declaration of Covenants, Conditions, and Restrictions, recorded currently herewith in the Office of the Auditor of Grant County, Washington, as amended.
  6. 06 “Dwelling/Residence” means a building designed exclusively to be used for residential purposes. It shall include manufactured homes, which are constructed off site and transported to the building site. It shall not include recreational vehicles, garages, or airplane hangars as defined herein.
  7. 07 “Family” means an individual or two or more persons related by blood or marriage, or a group of not more than five (5) persons not related by blood or marriage, living together in a single-family dwelling.
  8. 08 “Front” of a lot in determining proper setbacks shall mean the address side of the lot in question. (6/24/2023)
  9. 09 “Garage” means a building designed to house one or more vehicles and must have a door of sufficient size to allow the vehicle(s) to enter. A structure other than a house, without a vehicle door, is a utility building (see 1.16). (6/23/07)
1.10 “Hangar” means a building built to house an aircraft designed to carry a person or persons and must have a door on the taxiway side sufficiently large to allow the aircraft to enter with wings attached.  (6/23/07) A second man door is required at the opposite end from the aircraft door to function as an entry point in case of fire. (6/22/2019) Hangars may be located on lots adjacent to the airport in Divisions 1, 7, 9, and 10 and are designated as an Accessory Building (IAW Grant County UDC 23.04).  Accessory structures shall have a minimum front setback of 25 feet (IAW Grant County UDC 23.12).  (6/27/2020)

1.11 “Insignia” means a label, stamp, or tag issued by the Washington State Department of Labor and Industries to indicate that the structure or component complies with theprovisions of WAC 296-150, the Uniform Building Code (Gold Label) or HUD manufactured home standards (Red Label). A “Green Label” indicates a recreational vehicle trailer.

 Restated Architectural Regulations of the Desert Aire Owners Association
 

  1. 12  “Labeled” means a label bearing the Washington State Department of Labor and Industries’ insignia, HUD’s insignia, or a label of approval from a testing or listing agency.
  2. 13  “Mobile Home” means a “Manufactured Home” that is a residential structure, transportable in one or more sections which, in the traveling mode, is twelve (12) feet or more in width or forty (40) body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes plumbing, heating and electrical systems connected therein. Calculations used to determine the number of square feet in a structure is based on the structure’s exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows. Manufactured Homes must be labeled with the appropriate insignia. The minimum square footage for manufactured homes in Desert Aire is 960 square feet. (6/22/13)
  3. 14 “Recreational Vehicle” means a vehicular type unit designed for recreational camping, travel, or seasonal use, which has its own motor power or is mounted on or towed by another motor vehicle. A recreational vehicle includes, but is not limited to, a travel trailer, a folding camp trailer, truck camper, motor home, or boat and excludes golf carts.
  4. 15 “Single Family” dwelling/residence means a residential building with a kitchen, bathroom, and sleeping facilities, designed for occupancy by one family. (6/23/07)
  5. 16 “Utility Building” means a building or structure which is subordinate to, and the use of which, is incidental to that of the main structure, building or use on the same lot. Fences are not considered utility buildings.
  6. 17 Other Definitions: Any terms, which are used in these Architectural Regulations and are not defined herein but are defined in the Declaration, shall have the same meaning herein as in the declaration.
  7. 18 “An Inoperable/Non-Functional Vehicle” is one which does not have a current registration and current license, and/or is damaged to the extent that it is no longer operable on the road and is not garaged. (06/23/2018)
  8. 19 “Low decks” means a deck that is less than 30 inches from the ground at its highest point. (6/24/06)

Revised:  June 22, 2024


Restated Architectural Regulations of the Desert Aire Owners Association

  1. ) “Structure” a permanent or temporary edifice or building or any piece of work artificially built up or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels (WAC 173-27-030).  (06/22/2019)

Section 2     Architectural Standards and Requirements

 The Board of Directors of the Association has appointed the Architectural Committee pursuant to the by-laws and has authorized it to implement and enforce these Architectural Regulations.


2.01 Residential lot usage

The use of all lots is subject to the following restrictions:

(a) All lots shall be improved and used in strict accordance with the Declaration, these Architectural Regulations, and the zoning laws of Grant County, Washington applicable thereto.

(b) No more than one single family dwelling/residence may be placed upon a lot which is zoned or which is designated on a subdivision plat map for Desert Aire as a single-family residence lot.

(c) No more than one family may reside within a single-family dwelling/residence.

      1.) Occupancy is limited to no more than 2 adult persons per bedroom in a single-family dwelling/residence.  (6/28/08)

(d) All dwelling/residences and related improvements must be constructed, erected or placed upon a lot strictly in accordance with the Declaration, these Architectural Regulations, and applicable building and other codes and regulations. No other structure or improvement (e.g., a garage or utility building) shall be constructed, erected, or placed upon a lot before the construction, erection or placement of a dwelling/residence has commenced.  (…with the exception of a shed, not to exceed 200 square feet, and designed primarily for storage of property maintenance equipment.  (6/28/08) 

(e) No open privies or other sewage disposable systems shall be allowed within Desert Aire, except that a portable toilet may be used during the construction of a residence or hanger on a lot and must be removed once the construction is completed or the DAOA building authorization is expired.

 

2.02 Recreational Vehicle Use

The use of recreational vehicles is governed by the rules and regulations contained in the ordinances of Grant County, WA.  DAOA expects full lot owner compliance with all County RV regulations and rules and will take appropriate action to ensure that there is full compliance by lot owners.

2.03 Plans Required

NOTE:  Architectural applications will NOT be approved if a violation notice has been issued against a property, and the violation has not yet been corrected.    Prior to the construction or placement of a structure (1.20) on a lot, one (1) complete set of plans and specifications, including a site plan, are to be submitted to the Architectural Committee for review and approval a minimum of thirty (30) days before any lot development.  Such building plans and specifications shall include a fully dimensioned plot plan showing (6/22/2024):

(a) The location of the proposed structure (1.20) in relation to all property lines and easements must be shown and must be in compliance with all applicable setback requirements.  If a structure (1.20) is not new at the time of the submittal, photographs of all four (4) sides of the structure (1.20) must be provided with the plot plan (6/22/2024).

(b) The proposed location of the septic tank(s) and drain field(s) must be shown on the application (6/22/2024).

(c) The present elevation of the lot and any proposed changes therein must be shown.  A dwelling/residence, garage, utility building, shed, or carport may not exceed at its highest point, 14 feet above the highest ungraded point on the lot; provided however, that if the highest point of the lot is below the centerline of the contiguous street, then such height restriction shall be measured from the elevation of such centerline.  As used herein, the “highest point” means the highest point of the roofline (6/22/2024). 

(a) Other Improvements

The following building standards will be applied to improvements other than dwellings:
  1. ) Low decks (<18 inches) and/or concrete aprons/pads (6/22/2024) may be constructed to the property line if adjacent to the freeboard of a common area. All other structures must meet setback requirements for the applicable Division as described in Section 3. (6/25/05)
  2. ) Retaining walls, fences and railings must be within the property line.  (See 2.10 (f) concerning retaining walls.  (6/28/08)
  3. ) Paved driveways to existing streets must be installed to Grant County regulations and must be at least five (5) feet from the water meter.
  4. )  4.Construction of a deck may require a Grant County Building Permit. (06/23/2018)

(b) The use of dumpsters, (commercial or residential), is not allowed with Desert Aire for the daily collection of household garbage/trash.  Lot owners may request to use them during construction, remodeling or to assist in correcting damage to a structure.  Application shall be made to the Architectural Committee for permission (6/22/2024).  Use of such container will be limited to 180 days.  Property owners must ensure that the containers are closed, unless being actively used and care is taken to prevent trash/material from being outside the container at all times.  Containers must not be placed on the street or right-of-way. (06/23/2018)

(c) Patios may be placed adjacent to a side or back property line or adjacent to a retaining wall without regard of current setbacks UNLESS there are utilities within the 5-foot utility easement area running along the side or rear lot line of the parcel. (6/22/2019)

2.04 Exterior Requirements

(a) All structures placed on lots designated as single-family residence lots, including stick built, site built and manufactured homes, must meet the following requirements:

(b) Building siding: The siding must be approved house-type siding such as wood, hardboard, lap, T-111, vinyl, architectural metal siding (no corrugated galvanized metal), concrete (such as Hardie Board®), stucco or an approved substantial equivalent.

(c) Roofing: Roofing materials must be wood, composition shingle, hot tar with rocks, architectural metal (no corrugated galvanized metal), or an approved substantial equivalent.

(d) Foundations: Foundations for all site-built homes and other permanent structures must be solid foundations of masonry or concrete and must meet all applicable codes and requirements. (6/28/14)

(e) All exterior construction paint colors, remodeling, sheds, fencing, etc. must not be florescent-like, neon bright.  Exterior door colors are excluded. (6/24/2017)

2.05 Manufactured Homes

(a) In divisions where manufactured homes are allowed, they must be placed on pre-poured concrete runners or as otherwise approved by Grant County.

(b) New or updated skirting must be concrete, masonry or cement board. (6/22/13) All foundations, runners and skirting must meet applicable state building codes in effect at the time of construction or placement.

1.) All wood within six (6) inches of ground, earth or concrete must be pressure-treated wood.
2.)  All wood used for support of skirting must be 2 X 4 or larger.
3.)  Approved skirting must be installed within 90 days of placement of the manufactured home.

(c)  Manufactured homes may not be in excess of five (5) years of age from the date upon which the home was initially sold (to its first owner) to date of request for placement. The home owners must provide the date upon which the home was sold to its first owner to the Architectural Committee as part of the application and plot plan for the home placement.  Photographs of all four sides of the proposed structure must be submitted with the application along with photo of Labor and Industries sticker affixed to manufactured home. (6/22/13)   

(d) Placement of new single-wide manufactured homes on a lot is prohibited however; a property owner may replace existing single-wide manufactured home with a newer single-wide manufactured home of comparable size or larger. (6/22/13)

2.06 Compliance with Codes and Regulations

All plans must meet the applicable state, county, and local building and other applicable laws, regulations, ordinances, and codes. All buildings and related improvements must be constructed, erected or placed on a lot strictly in accordance therewith, the Declaration, and these Architectural Regulations.

2.07 Prosecution of Work

(a) Water meters will be unlocked after all requirements are met and after all architectural plans are approved by Desert Aire. (6/24/17)

1.) When any clearing, improvement, or construction is done on any lot, dust control must be undertaken.  It is the lot owners’ responsibility to make sure water is available and used during windy periods.  The owner cannot assume or rely on his or her contractor to do this.  It is strongly suggested that the lot owner write such a provision into any contract entered upon for clearing or construction work.  (6/22/2024))

(b) The construction work on all buildings and structures must be prosecuted diligently and continuously from the commencement of site construction and/or placement until exteriors of the buildings or structures are completed or otherwisesuitably finished. Exterior work on any building must be completed within one (1) year from the start of site construction. Initial landscaping must be completed within one year after completion of structure. (6/22/13) Time extension or re-application MUST be made to both the Architectural Committee and Grant County.


1.) Storage containers made of metal or any other material, including, but not limited to, those designed as ocean, rail, or truck transport containers, are prohibited on all lots except that the Architectural Committee may, upon application to and upon such terms and conditions imposed by the Architectural committee, allow secure storage containers on specific lots during the construction of dwellings/residences or hangers on such lots, provided, however, that the containers must be removed from the lots within thirty (30) days of the date upon which the first of the following occurs:  (1) the construction work for the structure is substantially completed; or (2) the building permit granted by the Architectural Committee expires, terminates, or is revoked. (6/22/2024)

2.08 Architectural Conditions

The following criteria will be used by the Architectural Committee in reviewing plans:

(a) Elevation – can be obtained from the Desert Aire Owners Association office, property owners shall be responsible to insure the 14 ft height restriction is observed (6/22/2024).

(b) Drawings – of the planned structure must include overall height, ALL construction details, flooring structure and materials (6/22/2024).

(c) Site Plan – showing location of all structures, location of boundary corner stakes, setbacks, and location of septic system (including drain fields).  If application is for a fence, it must include location, height and materials (6/22/2024).

(d)The use of new materials on all exterior surfaces is required unless previously approved by the Architectural Committee (6/24/2024). 

(e) All exterior construction, remodeling, demolition, fencing, etc. MUST have approval from the Architectural Committee before beginning the proposed work.  Interior remodeling does not require approval (6/22/2024). 

2.09 Additions and Alterations

Exterior Additions or alterations to any structure must first be approved by the Architectural Committee. Following approval, all applicable building permits must be obtained. The construction, erection, or placement of such exterior additions or alterations shall be done strictly in accordance with all applicable building and other codes.

2.10 Landscaping

(a)Natural vegetation must be preserved or replaced with shrubs, lawns, trees or other vegetation.  Gravel and other decorative rock are permitted.

(b)When developing a lot, no excavation or removal of topsoil can be made without verification of site elevation from the Architectural Committee. (6/26/04)

(c) Fences in front of a dwelling must be no more than 48 inches in height if it is a “see through” fence (such as cyclone, or split-rail fencing) or 42 inches in height if it is a solid board or other semi-solid fence (such as wood or plastic privacy fence or a cyclone fence with privacy slats). Fences on either side or in back of a dwelling may be no higher than 72 inches. (6/26/04) The term “in front of a dwelling” means all fencing in line with the side of the house closest to the street on which its address exists must meet the lower height requirements as stated above with two exceptions. (6/23/07) Hedges in the front of a dwelling must be no more than 72 inches in height.  The term “in front of a dwelling” means in line with the side of the dwelling closest to the street on which its address exists.  Hedges on either side or in back of the dwelling must be no taller than 96 inches.  (06/23/2018)

Note:  The 48-inch height limit does not apply to the rear most “L shaped” lots in Division 6. (06/23/2018)
  1. ) That if a garage is built no more than 10 feet in front of a house, a 72-inch-high fence may be extended along the side of the garage closest to the neighboring property to the front end of the garage and; (6/23/07)
  2. ) If the neighboring property has a house or garage built closer to the street, a property owner may construct a 72-inch-high fence to the forward edge of the neighbor’s structure on that side only. (6/23/07)
(d) Fences must be constructed of permanent and traditional fencing materials such as wood, wire chain link, or vinyl designed to be used as residential fencing.  Specifically prohibited are temporary plastic construction fencing, plain or barbed wire, chicken wire, hardware cloth, re-bar, or agricultural fencing designed for enclosing animals.  Fences are to be constructed within the property boundaries.  (6/28/08)

(e) Retaining walls with an overall height of more than four (4) feet shall meet all state and local building and safety codes.  (In addition, for all retaining walls adjacent to a common area a safety barrier of not less than four (4) feet will be built to protect individuals from walking off said retaining walls. (6/28/08) Ecology blocks and retaining walls above four (4) feet in height must have a finished surface applied to exterior side and maintained in a good state of repair and appearance.  (6/22/13)

(f) The topsoil of the greenbelt or common area is not to be disturbed nor is any structure to be built thereon, nor used for any private purpose, including disposal of lawn clippings, tumbleweeds or any other materials. (6/23/07)


2.11 Care and Appearance

Care and Appearance of Lot; each lot owner shall maintain the landscaping in a neat, clean, and attractive condition.  This includes keeping the grass and weeds cut, the shrubbery pruned, the removal of dead trees, tumble weeds, shrubbery and plants, and the controlling and eradication of noxious weeds.  Each owner shall also maintain the exterior of all structures and other improvements in a good state of repair and condition, including windows, doors, siding, roofs, decks, fences, driveways, and walk ways. 

(a) The following will not be allowed to remain on any lot or structure: abandoned or inoperable vehicles, appliances (working or not working), graffiti, debris, rubbish or sacked trash outside of approved containers (i.e., covered garbage cans). (6/26/2021)
(b) Weed control, including tumbleweeds, must be practiced on all lots.

(c)Effective dust control measures and practices must be utilized at all times.  Keep dirt watered during clearing and construction and following construction until landscaping is finished.  As an alternative a covering of gravel will keep the dust under control.

(d) All dwelling/residences must provide for screening of garbage cans and trash containers.​

2.12 Animals and Pets:

(a) Property Owners of Desert Aire may keep household pets subject to Grant County Zoning Ordinances.  Grant County enforces the dog leash law.  Dogs must be kept in a secure fenced yard, house, vehicle, or on a leash.  Dogs running free will be picked up by the Grant County Animal Control Officer (see GC Code, Title 9.06 Dog Control)

(b) No domestic barnyard animals or fowl of any kind shall be kept within the confines of Desert Aire with the exception of domestic rabbits kept as pets.  No animal or fish may be butchered or rendered outside of an enclosed area such as a home or garage within the confines of Desert Aire. (06/23/2018)

2.13 House Numbers

All houses should have visible address numbers located on the street side of the home.  It is suggested that each home be further identified by a reflective house number.plaque available from Grant County Emergency Services for a nominal charge.  Applications for such plaques are available at the Desert Aire business office.
 

Section 3      Divisions Established

Desert Aire is separated into multiple divisions, and the lots within each division are zoned as RVR-1, RVR-2, or RVC by Grant County. The boundaries of the divisions are identified and described in the plat maps of Desert Aire as recorded in the office of the Grant County Auditor. (6/26/04)

3.01 Division 1

(a)Permitted Uses
  1. ) Lots 1-40, Site built, manufactured, or single-wide manufactured, single-family dwellings.
  2. ) Lots 41-338, Site built or manufactured single-family dwellings.
  3. ) Lots 339-362, Site built or manufactured single/multi-family dwellings.
  4. ) Lots 363-402, Site built or manufactured single-family dwellings.
  5. ) Lots 403-406, 493 Site built or manufactured single/multi-family dwellings.
  6. ) Lots 407-417, 494 & 496 Site built or manufactured single-family dwellings.
  7. ) All lots that are adjacent to the airstrip will be allowed to have a hangar subject to the requirements set out in Section 3.01 (c) below.
  8. ) Recreational vehicle use: refer to Section 2.02 above.
(b) Minimum Floor Area/Setbacks (Adopted County Setbacks; 6/22/13)
  1. ) Minimum floor area for any single or multi-family dwelling is 960 square feet, unless the proposed residential structure is a single-wide manufactured mobile home which shall have a minimum floor area of 600 square feet. (6/27/2020) For lots designated as single-wide manufactured home lots (1-40), the minimum is 600 square feet.
  2. ) Minimum width of a dwelling structure, other than single-wide manufactured homes, is 20 feet excluding carports, breezeways, patios, decks and porches.
  3. ) Minimum front yard setback is 20 feet from the front property line. (6/22/13)
  4. ) Minimum side yard setback is 5 feet from interior lot lines.
  5. ) On a corner lot, the setback is 20 feet in the front (address side of the property), 20 feet along the flanking street, and 5 feet on the interior side yard.  Vision clearance triangles apply (per GCUDC 23.12.110(c) (6/22/13)
  6. ) Minimum rear yard setback is 10 feet from the lot line, unless the lot is adjacent to common area, greenbelt or freeboard, in which case the setback is 5 feet.
  7. ) Minimum Front yard setback is 20 feet from the property line for houses with or without an attached garage.  Detached garages, utility buildings, accessory buildings, hangars or any structure other than a residence shall have a minimum front yard setback of 25 feet. (06/27/2020)
  8. ) Setback distances are measured from the property line to the side of the structure.  Desert Aire follows Grant County guidance, which currently allows the eaves to extend up to 20 inches into the setback distance. (06/23/2018)
(c) Airplane Hangar Requirements
  1. ) Hangars are not to be used as dwellings.
  2. ) Hangars may be constructed before the dwelling/residence provided that at least 4000 square feet is allowed for the dwelling/residence and septic system. (6/28/08)
  3. ) The height will be what is required to accommodate the needs of the airplane and in accordance with grant County Uniform Development Code (GCC) 23.04.645 “Airport Safety Overlay,” which invokes Federal Aviation Regulations (FAR) Part 77 “Objects Affecting Navigable Airspace”. No multiple story structure is allowed.  *If a residential structure is attached to the hangar, it must be constructed in such a manner that the highest point of the residential portion of the structure does not exceed the elevation restriction of 14’ from the point of elevation on record for that lot.  It must also meet all other requirements set forth in these Architectural Regulations and applicable Grant County Building Codes and/or the Department of Labor and Industries requirements. (6/28/14)
  4. ) A minimum of two doors is required; a man door at opposite end from aircraft door to be an entry point in case of fire, and a taxiway-side aircraft door of sufficient width and height to allow passage of a fixed wing aircraft with the wings attached. (6/22/13)
  5. ) Minimum front yard setback for Hangars shall be 25 ft (IAW Grant County UDC 23.12: Notes for Tables 1, 2 and 3 Note 22).  (6/27/2020)
  6. ) A dwelling/residence may be constructed before the hanger, provided that at least 1,600 sq ft is set aside for future hanger and the set aside is located such that it has direct access to the taxiway. (6/26/2021)
3.02  Division 2

(a) Permitted Uses
    1. ) Lots 1-28, Site built or manufactured, single-wide manufactured, single-family dwellings.
    2. ) Lots 29-224, Site built or manufactured single-family dwellings.
    3. ) Lots 225-231, Site built or manufactured, single-wide manufactured, single-family dwellings.
    4. ) Lots 232-253, Site built or manufactured single-family dwellings.
    5. ) Recreational vehicle use: refer to Section 2.02 above.
(b) Minimum Floor Area/Setbacks (Adopted County Setbacks; 6/22/13)
  1. ) Minimum floor area for any single-family dwelling/residence is 960 square feet, unless the proposed residential structure is a single-wide manufactured mobile home which shall have a minimum floor area of 600 square feet. (6/27/2020). For lots designated single-wide manufactured home lots (1-28, 225-231) the minimum is 600 square feet.
  2. ) Minimum width of a dwelling structure, other than single-wide manufactured homes, is 20 feet excluding carports, breezeways, patios, decks and porches.
  3. ) Minimum front yard setback is 20 feet from the front property line. (6/22/13)
  4. ) Minimum side yard setback is 5 feet from interior lot lines. (6/22/13)
  5. ) On a corner lot, the setback is 20 feet in the front (address side of the property), 20 feet along the flanking street, and 5 feet from the interior side yard.  Vision Clearance Triangles apply (per GCUDC 23.12.110(c) (6/22/13)
  6. ) Minimum rear yard setback is 10 feet from the lot line, unless the lot is adjacent to common area, greenbelt or freeboard, in which case the setback is 5 feet.
  7. ) Minimum Front yard setback is 20 feet from the property line for houses with or without an attached garage.  Detached garages, utility buildings, accessory buildings, hangars or any structure other than a residence shall have a minimum front yard setback of 25 feet. (06/27/2020)
  8. ) Setback distances are measured from the property line to the side of the structure.  Desert Aire follows Grant County guidance, which currently allows the eaves to extend up to 20 inches into the setback distance. (06/23/2018)

3.03   Division 3
  1. Permitted Uses
1.) Lots 1-68, Site built or manufactured, single-wide manufactured, single-family dwellings.

2.) Lots 69-84, Site built or manufactured single family dwellings.

3.) Recreational Vehicle Use: Refer to Section 2.02 above.                  

   (b)        Minimum Floor Area/Setbacks (Adopted County Setbacks; 6/22/13)
  1. ) Minimum floor area for any single-family dwelling/residence is 960 square feet, unless the proposed residential structure is a single-wide manufactured mobile home which shall have a minimum floor area of 600 square feet. (6/27/2020). For lots designated as single-wide manufactured home lots (1-68) the minimum is 600 square feet.
  2. ) Minimum width of a dwelling structure, other than single-wide manufactured homes, is 20 feet excluding carports, breezeways, patios, decks and porches.
  3. ) Minimum front yard setback is 20 feet from the front property line. (6/22/13)
  4. ) Minimum side yard setback is 5 feet from interior lot lines. (6/22/13)
  5. ) On a corner lot, the setback is 20 feet in the front (address side of the property), 20 feet along the flanking street, and 5 feet from the interior side yard.  Vision Clearance Triangles apply (per GCUDC 23.12.110(c) (6/22/13)
  6. ) Minimum rear yard setback is 10 feet from the lot line, unless the lot is adjacent to common area, greenbelt or freeboard, in which case the setback is 5 feet.
  7. ) Minimum Front yard setback is 20 feet from the property line for houses with or without an attached garage.  Detached garages, utility buildings, accessory buildings, hangars or any structure other than a residence shall have a minimum front yard setback of 25 feet. (06/27/2020)
  8. ) Setback distances are measured from the property line to the side of the structure.  Desert Aire follows Grant County guidance, which currently allows the eaves to extend up to 20 inches into the setback distance. (06/23/2018)


3.04   Division 4
  1. Permitted Uses
    1. ) Lots 1-17, Site built or manufactured single-family dwellings.
    2. ) Lots 18-89, Site built or manufactured, single-wide manufactured, single-family dwellings.
    3. ) Lots 90-119, Site built or manufactured single-family dwellings.
    4. ) Recreational Vehicle Use: Refer to Section 2.02 above.
                     (b)        Minimum Floor Area/Setbacks (Adopted County Setbacks; 6/22/13)
  1. ) Minimum floor area for any single-family dwelling/residence is 960 square feet, unless the proposed residential structure is a single-wide manufactured mobile home which shall have a minimum floor area of 600 square feet. (6/27/2020). For lots designated a single-wide manufactured home lots (18-89) the minimum is 600 square feet.
  2. ) Minimum width of a dwelling structure, other than single-wide manufactured homes, is 20 feet excluding carports, breezeways, patios, decks and porches.
  3. ) Minimum front yard setback is 20 feet from the front property line. (6/22/13)
  4. ) Minimum side yard setback is 5 feet from interior lot lines. (6/22/13)
  5. ) On a corner lot, the setback is 20 feet in the front (address side of the property), 20 feet along the flanking street, and 5 feet from the interior side yard.  Vision Clearance Triangles apply (per GCUDC 23.12.110(c) (6/22/13)
  6. ) Minimum rear yard setback is 10 feet from the lot line, unless the lot is adjacent to common area, greenbelt or freeboard, in which case the setback is 5 feet.
  7. ) Minimum Front yard setback is 20 feet from the property line for houses with or without an attached garage.  Detached garages, utility buildings, accessory buildings, hangars or any structure other than a residence shall have a minimum front yard setback of 25 feet. (06/27/2020)
Setback distances are measured from the property line to the side of the structure.  Desert Aire follows Grant County guidance, which currently allows the eaves to extend up to 20 inches into the setback distance. (06/23/2018)​

3.05  Division 5

(a)        Permitted Uses
  1. ) Lots 1-17, Site built or manufactured single/multi-family dwellings.
  2. ) Lots 18-85, Site built or manufactured single-family dwellings.
  3. ) Recreational Vehicle Use: Refer to Section 2.02 above.
(b)        Minimum Floor Area/Setbacks (Adopted County Setbacks; 6/22/13)
  1. ) Minimum floor area for any single-family dwelling/residence is 960 square feet.
  2. ) Minimum width of a dwelling structure, other than single-wide manufactured homes, is 20 feet excluding carports, breezeways, patios, decks and porches.
  3. ) Minimum front yard setback is 20 feet from the front property line. (6/22/13)
  4. ) Minimum side yard setback is 5 feet from interior lot lines. (6/22/13)
  5. ) On a corner lot, the setback is 20 feet in the front (address side of the property), 20 feet along the flanking street, and 5 feet from the interior side yard.  Vision Clearance Triangles apply (per GCUDC 23.12.110(c) (6/22/13)
  6. ) Minimum rear yard setback is 10 feet from the lot line, unless the lot is adjacent to common area, greenbelt or freeboard, in which case the setback is 5 feet.
  7. ) Minimum Front yard setback is 20 feet from the property line for houses with or without an attached garage.  Detached garages, utility buildings, accessory buildings, hangars or any structure other than a residence shall have a minimum front yard setback of 25 feet. (06/27/2020)
  8. ) Setback distances are measured from the property line to the side of the structure.  Desert Aire follows Grant County guidance, which currently allows the eaves to extend up to 20 inches into the setback distance. (06/23/2018)
3.06  Division 6

(a)        Permitted Uses
  1. )Lots 1-85, Site built, manufactured, or single-wide manufactured, single-family dwellings.
  2. )Recreational Vehicle Use: Refer to Section 2.02 above.
(b)        Minimum Floor Area/Setbacks (Adopted County Setbacks; 6/22/13)
  1. ) Minimum floor area for any single-family dwelling/residence is 900 square feet, unless the proposed residential structure is a single-wide manufactured mobile home which shall have a minimum floor area of 600 square feet. (6/27/2020). For lots designated a single-wide manufactured home lots the minimum is 600 square feet.
  2. ) Minimum width of a dwelling structure, other than single-wide manufactured homes, is 20 feet excluding carports, breezeways, patios, decks and porches.
  3. ) Minimum front yard setback is 20 feet from the front property line. (6/22/13)
  4. ) Minimum side yard setback is 5 feet from interior lot lines. (6/22/13)
  5. ) On a corner lot, the setback is 20 feet in the front (address side of the property), 20 feet along the flanking street, and 5 feet from the interior side yard.  Vision Clearance Triangles apply (per GCUDC 23.12.110(c) (6/22/13)
  6. ) Minimum rear yard setback is 10 feet from the lot line, unless the lot is adjacent to common area, greenbelt or freeboard, in which case the setback is 5 feet.
  7. ) Minimum Front yard setback is 20 feet from the property line for houses with or without an attached garage.  Detached garages, utility buildings, accessory buildings, hangars or any structure other than a residence shall have a minimum front yard setback of 25 feet. (06/27/2020)
  8. ) Setback distances are measured from the property line to the side of the structure.  Desert Aire follows Grant County guidance, which currently allows the eaves to extend up to 20 inches into the setback distance. (06/23/2018)
3.07 Division 7

(a)        Permitted Uses
  1. ) Lots 1-26, Site built or manufactured single-family dwellings.
  2. ) All lots adjacent to the airstrip will be allowed to have a hangar subject to the requirements set out in section 3.07 (c) below.
  3. ) Recreational Vehicle Use: Refer to Section 2.02 above.
(b)        Minimum Floor Area/Setbacks (Adopted County Setbacks; 6/22/13)
  1. ) Minimum floor area for any single-family dwelling/residence is 960 square feet.
  2. ) Minimum width of a dwelling structure, other than single-wide manufactured homes, is 20 feet excluding carports, breezeways, patios, decks and porches.
  3. ) Minimum front yard setback is 20 feet from the front property line. (6/22/13)
  4. ) Minimum side yard setback is 5 feet from interior lot lines. (6/22/13)
  5. ) On a corner lot, the setback is 20 feet in the front (address side of the property), 20 feet along the flanking street, and 5 feet from the interior side yard.  Vision Clearance Triangles apply (per GCUDC 23.12.110(c) (6/22/13)
  6. ) Minimum rear yard setback is 10 feet from the lot line, unless the lot is adjacent to common area, greenbelt or freeboard, in which case the setback is 5 feet.
  7. ) Minimum Front yard setback is 20 feet from the property line for houses with or without an attached garage.  Detached garages, utility buildings, accessory buildings, hangars or any structure other than a residence shall have a minimum front yard setback of 25 feet. (06/27/2020)
  8. ) Setback distances are measured from the property line to the side of the structure.  Desert Aire follows Grant County guidance, which currently allows the eaves to extend up to 20 inches into the setback distance. (06/23/2018)
(c)        Airplane Hangar Requirements
  1. ) Hangars are not to be used as dwellings.
  2. ) Hangars may be constructed before the dwelling/residence provided that at least 4,000 square feet is allowed for the dwelling/residence and septic system. (6/28/08)
  3. ) The height will be what is required to accommodate the needs of the airplane and in accordance with grant County Uniform Development Code (GCC) 23.04.645 “Airport Safety Overlay,” which invokes Federal Aviation Regulations (FAR) Part 77 “Objects Affecting Navigable Airspace”. No multiple story structure is allowed.  *If a residential structure is attached to the hangar, it must be constructed in such a manner that the highest point of the residential portion of the structure does not exceed the elevation restriction of 14’ from the point of elevation on record for that lot.  It must also meet all other requirements set forth in these Architectural Regulations and applicable Grant County Building Codes and/or the Department of Labor and Industries requirements. (6/28/14)
  4. ) A minimum of two doors is required; a man door at opposite end from aircraft door to be an entry point in case of fire, and a taxiway-side aircraft door of sufficient width and height to allow passage of a fixed wing aircraft with the wings attached. (6/22/13)
  5. ) Minimum front yard setback for Hangars shall be 25 ft (IAW Grant County UDC 23.12: Notes for Tables 1, 2 and 3 Note 22).  (6/27/2020)
  6. ) A dwelling/residence may be constructed before the hanger, provided that at least 1,600 sq ft is set aside for future hanger and the set aside is located such that it has direct access to the taxiway. (6/26/2021)
3.08 Division 8

(a) Permitted Uses

1.) Lots 1-126, Site built or manufactured single-family dwellings.
2.) Lot 127, Commercial.
3) Lots 128-174, Site built or manufactured single-family dwellings.
4.) Recreational Vehicle Use: Refer to Section 2.02 above.

(b) Minimum Area/Setbacks (Adopted County Setbacks; 6/22/13)

1.) Minimum floor area for any single or multi-family dwelling/residence is 1100 square feet.
2.) Minimum width of dwelling/residence structure is 24 feet, excluding carports, breezeways, patios, decks and porches.
3.) Minimum front yard setback is 20 feet from the front property line. (6/22/13)
4.) Minimum side yard setback is 5 feet from interior lot lines. (6/22/13)
5.) On a corner lot, the setback is 20 feet in the front (address side of the property), 20 feet along the flanking street, and 5 feet from the interior side yard.  Vision Clearance Triangles apply (per GCUDC 23.12.110(c) (6/22/13)
6.) Minimum rear yard setback is 10 feet from the lot line, unless the lot is adjacent to common area, greenbelt or freeboard, in which case the setback is 5 feet.
7.) Minimum Front yard setback is 20 feet from the property line for houses with or without an attached garage.  Detached garages, utility buildings, accessory buildings, hangars or any structure other than a residence shall have a minimum front yard setback of 25 feet. (06/27/2020)
8.) Setback distances are measured from the property line to the side of the structure.  Desert Aire follows Grant County guidance, which currently allows the eaves to extend up to 20 inches into the setback distance. (06/23/2018)
 
3.09 Division 9

(a) Permitted Uses
  1. ) Lots 1-220, Site built or manufactured single-family dwellings.
  2. ) Lots 141-154, and lots 215-220, are lots on which hangars may be built.
  3. ) All lots adjacent to the airstrip will be allowed to have a hangar subject to the requirements set out in section 3.09 (c) below.
  4. Recreational Vehicle Use: Refer to Section 2.02 above.
(b) Minimum Area/Setbacks (Adopted County Setbacks; 6/22/13)
  1. ) Minimum floor area for any single or multi-family dwelling/residence is 1100 square feet.
  2. ) Minimum width of dwelling/residence structure is 24 feet, excluding carports, breezeways, patios, decks and porches.
  3. ) Minimum front yard setback is 20 feet from the front property line. (6/22/13)
  4. ) Minimum side yard setback is 5 feet from interior lot lines. (6/22/13)
  5. ) On a corner lot, the setback is 20 feet in the front (address side of the property), 20 feet along the flanking street, and 5 feet from the interior side yard.  Vision Clearance Triangles apply (per GCUDC 23.12.110(c) (6/22/13)
  6. ) Minimum rear yard setback is 10 feet from the lot line, unless the lot is adjacent to common area, greenbelt or freeboard, in which case the setback is 5 feet.
  7. ) Minimum Front yard setback is 20 feet from the property line for houses with or without an attached garage.  Detached garages, utility buildings, accessory buildings, hangars or any structure other than a residence shall have a minimum front yard setback of 25 feet. (06/27/2020)
  8. ) Setback distances are measured from the property line to the side of the structure.  Desert Aire follows Grant County guidance, which currently allows the eaves to extend up to 20 inches into the setback distance. (06/23/2018)
 (c)       Airplane Hangar Requirements
  1. ) Hangars are not to be used as dwellings.
  2. ) Hangars may be constructed before the dwelling/residence provided that at least 4000 square feet is allowed for the dwelling/residence and septic system. (6/28/08)
  3. ) The height will be what is required to accommodate the needs of the airplane and in accordance with grant County Uniform Development Code (GCC) 23.04.645 “Airport Safety Overlay,” which invokes Federal Aviation Regulations (FAR) Part 77 “Objects Affecting Navigable Airspace”. No multiple story structure is allowed.  *If a residential structure is attached to the hangar, it must be constructed in such a manner that the highest point of the residential portion of the structure does not exceed the elevation restriction of 14’ from the point of elevation on record for that lot.  It must also meet all other requirements set forth in these Architectural Regulations and applicable Grant County Building Codes and/or the Department of Labor and Industries requirements. (6/28/14)
  4. ) A minimum of two doors is required; a man door at opposite end from aircraft door to be an entry point in case of fire, and a taxiway-side aircraft door of sufficient width and height to allow passage of a fixed wing aircraft with the wings attached. (6/22/13)
  5. ) Minimum front yard setback for Hangars shall be 25 ft (IAW Grant County UDC 23.12: Notes for Tables 1, 2 and 3 Note 22).  (6/27/2020)
  6. ) A dwelling/residence may be constructed before the hanger, provided that at least 1,600 sq ft is set aside for future hanger and the set aside is located such that it has direct access to the taxiway. (6/26/2021)
 3.10 Division 10

(a) Permitted Uses
  1. ) Lots 1-11, Site built or manufactured single-family dwellings.
  2. ) Lots 7-11, are lots on which hangars may be built.
  3. ) All lots adjacent to the airstrip will be allowed to have a hangar subject to the requirements set out in section 3.10 (c) below.
  4. ) Recreational Vehicle Use: Refer to Section 2.02 above.
(b) Minimum Area/Setbacks (Adopted County Setbacks; 6/22/13)

1.)   Minimum floor area for any single or multi-family dwelling/residence is 1100 square feet.
2.)   Minimum width of dwelling/residence structure is 24 feet, excluding carports, breezeways, patios, decks and porches.
3.) Minimum front yard setback is 20 feet from the front property line.
4.) Minimum side yard setback is 5 feet from interior lot lines.
5.) On a corner lot, the setback is 20 feet in the front (address side of the property), 20 feet along the flanking street, and 5 feet from the interior side yard. Vision Clearance Triangles apply (per GCUDC 23.12.110(c) (6/22/13)
6.) Minimum rear yard setback is 10 feet from the lot line, unless the lot is adjacent to common area, greenbelt or freeboard, in which case the setback is 5 feet.
7.) Minimum Front yard setback is 20 feet from the property line for houses with or without an attached garage.  Detached garages, utility buildings, accessory buildings, hangars or any structure other than a residence shall have a minimum front yard setback of 25 feet. (06/27/2020)
8.) Setback distances are measured from the property line to the side of the structure.  Desert Aire follows Grant County guidance, which currently allows the eaves to extend up to 20 inches into the setback distance. (06/23/2018) 

(c)      Airplane Hangar Requirements
  1. ) Hangars are not to be used as dwellings.
  2. ) Hangars may be constructed before the dwelling/residence provided that at least 4000 square feet is allowed for the dwelling/residence and septic system. (6/28/08)
  3. ) The height will be what is required to accommodate the needs of the airplane and in accordance with grant County Uniform Development Code (GCC) 23.04.645 “Airport Safety Overlay,” which invokes Federal Aviation Regulations (FAR) Part 77 “Objects Affecting Navigable Airspace”. No multiple story structure is allowed. *If a residential structure is attached to the hangar, it must be constructed in such a manner that the highest point of the residential portion of the structure does not exceed the elevation restriction of 14’ from the point of elevation on record for that lot.  It must also meet all other requirements set forth in these Architectural Regulations and applicable Grant County Building Codes and/or the Department of Labor and Industries requirements. (6/28/14)
  4. ) A minimum of two doors is required; a man door at opposite end from aircraft door to be an entry point in case of fire, and a taxiway-side aircraft door of sufficient width and height to allow passage of a fixed wing aircraft with the wings attached. (6/22/13)
  5. ) Minimum front yard setback for Hangars shall be 25 ft (IAW Grant County UDC 23.12: Notes for Tables 1, 2 and 3 Note 22).  (6/27/2020)
  6. ) A dwelling/residence may be constructed before the hanger, provided that at least 1,600 sq ft is set aside for future hanger and the set aside is located such that it has direct access to the taxiway. (6/26/2021)
3.11  Multi Family Zoned Areas and Condominiums

There are multi-family (RVR-2) zoned lots and areas designated as condominium lots in the plat map for Desert Aire. Any future development of these areas shall be subject to the prior approval of the Architectural Committee pursuant to Section 2.3 above and to these Architectural Regulations insofar as the committee deems them to be applicable to multi-family style developments and structures. Any multi-family structures, which are developed and constructed within these areas, shall be further subject to the requirements of all applicable state, county, and local building and other applicable laws, regulations, ordinances, and codes.

(a) Permitted Uses
  1. ) Division 1 lots 339-362, 403-406, Division 5 lots 1-17, Site built, manufactured single-family or multi-family dwellings. For Division 1 see Section 3, 3.01 (b); Division 5 see Section 3, 3.05 (b).
  2. ) Condominium lots 1-14 Site built, manufactured single-family or multi-family dwellings.
  3. ) Recreational Vehicle Use: Refer to Section 2.02 above.
(b) Minimum Area/Setbacks
  1. ) Minimum floor area for a single unit in a multi-family dwelling/residence is 1100 square feet.
  2. ) Minimum width of a dwelling/residence structure is 20 feet, excluding carports, breezeways, patios, decks and porches.
  3. ) Minimum front yard setback is 20 feet from the front property line for houses and attached garages. Detached garages or any utility structure shall have a minimum front yard setback of 25 feet. (6/23/07).
  4. ) Minimum side yard setback is 10 feet from interior lot lines.
  5. ) On a corner lot, the setback is 20 feet in the front, 15 feet along the flanking street and 10 feet on the interior side yard.
  6. ) Minimum rear yard setback is 10 feet from the rear lot line.
  7. ) Setback distances are measured from the property line to the side of the structure.  Desert Aire follows Grant County guidance, which currently allows the eaves to extend up to 20 inches into the setback distance. (06/23/2018)
3.12  Commercial Areas

There are commercial areas designated in the plat maps for Desert Aire. Any future development of these areas shall be subject to these Architectural Regulations insofar as they are applicable thereto. Any commercial buildings or other structures or improvements, including the use thereof, shall be further subject to the requirements of all applicable federal, state, county, and local building, hazardous waste, and other applicable laws, regulations, ordinances, and codes. This excludes the Shopping Center Commercial sites that are not within Desert Aire but are using utilities supplied by Desert Aire.

Section 4         Administration

4.01 General Intent

It is the intent of the Desert Aire Owners Association to provide uniform, equitable and reasonable standards to govern the usage of land and structures in the interest of the public health, safety and general welfare. It is the objective of the Association to provide for the highest and best use of lands consistent with the needs of most of the people within the limitations of Grant County zoning ordinances, the Declaration, the bylaws, and these Architectural Regulations.

4.02 Architectural Committee

The Architectural Committee has been appointed by the Board of Directors of the Association pursuant to the Association's Bylaws and the Declaration to implement and recommend enforcement of these Architectural Regulations to the Board of Directors.

4.03 Filing of Regulation

These Architectural Regulations or a memorandum thereof will be filed in the office of the Grant County Auditor together with the Declaration.

4.04 Amendment

These Architectural Regulations may be amended as follows:

(a)   The Architectural Committee may make recommendations to the Board of Directors for amendments to these Regulations. If the Board approves the amendments, they will be placed on the agenda at a special meeting of the members of the Association called for that purpose or at the next annual meeting of the members of the Association. If approved by a majority vote of the members voting at such a meeting, such amendments will take effect immediately or as the members may otherwise direct.

(b)  The members of the Association may petition the Association to amend these Architectural Regulations, as follows:
  1. ) Such petition must be signed by not less than ten percent (10%) of the members.
  2. ) Such petition must be mailed or delivered to the Board no later than sixty (60) days before the annual meeting or special meeting called for the purpose of considering the same.
  3. ) The Board will certify that the signatures on the petition are valid and that the proposed amendment is in proper form. The measure will then be placed on the agenda for a vote at the annual meeting, or any special meeting called for such purpose.
  4. ) If approved by a majority vote of the members voting at such meeting, such amendment will go into effect immediately or as the members may otherwise direct.

Section 5      Enforcement

The Architectural Committee will make recommendations to the Board of Directors on enforcement of these Architectural Regulations. In so doing, it will adhere to the following procedures:

5.01  Correction Notice

The Architectural Committee, upon finding a violation of these Architectural Regulations, will post a stop-work sign if construction has begun and/or issue and send a correction notice, together with a copy of the current daily monetary fine schedule approved by the Board of Directors, to the record owner of the lot upon which a violation exists.  (06/22/2019) The correction notice will contain:

(a)     The street address and a legal description sufficient for identification of the premises upon which the structure or violation exists;

(b)     A brief and concise description of the conditions found to be in violation of these Regulations;

(c)     A statement of the action required to remedy the violation and that the action required to remedy the violation must be completed within 30 days from the date of the notice;

(d)    A statement that the Association, though action of the Board of Directors, may levy, impose, assess, and collect daily monetary fines in the amounts set forth in the daily monetary fine schedule against the owner and/or commence an action to restrain and enjoin the violation and recover reasonable attorney’s fees and costs if the violation is not timely remedied or corrected; and

(e)     A statement advising (1) that any person having any record title or legal interest in the property or structure may request a hearing on the correction notice before the Board of Directors, provided that the request is made in writing and filed with the Board within 30 days from the date of the notice, and (2) that failure to request a hearing will constitute a waiver of all right to a hearing and determination of the matter.

 

5.02  Correction Action – Enforcement – Venue & Attorney’s Fees and Court Costs

If the lot owner fails to take the required corrective action within 30 days from the date of the notice and fails to timely file a request for a hearing on the correction notice, or if the lot owner timely files a request for a hearing on the notice and the Board of Directors determines at such hearing that a violation exists and that the required action to remedy or correct the violation has not been taken by the owner, the Association may, upon the approval of the Board of Directors, exercise one or more of the following enforcement remedies against the violating owner, including a tenant:

    (a)   Assess daily monetary penalties against the owner for each violation according to a written schedule of daily monetary penalties developed and approved by the Board of Directors.  A daily monetary penalty up to fifty ($50.00) per day for each violation may be assessed by the Board of Directors for each and every day that a violation exists or has existed.  Each day that any violation exists or has existed shall be deemed a separate violation for which a daily monetary penalty may be assessed.  Assess a penalty of twenty-five dollars ($25.00) per incident for removing or tampering with a stop-work sign that has been posted.  The monetary penalties shall be due and payable by the owner to the Association and shall be subject to collection immediately upon their assessment by the Board of Directors.  If any monetary penalty is not paid within thirty (30) days of its assessment, interest shall accrue thereafter at the rate of eighteen (18%) per annum on the unpaid monetary penalties, and the Association may file a lien against the real property of the owner in the total amount of all monetary penalties assessed against the owner plus any accrued interest thereon and commence an action to collect the unpaid monetary penalties and interest thereon.  The venue of any action to collect unpaid monetary penalties and interest thereon shall be in Grant County, Washington. (06/22/2019)

(b)     Commence an action against the owner, including a tenant, to restrain and enjoin such violation in the Superior Court of Washington for Grant County. 

These remedies shall be cumulative and in addition to any other enforcement remedies set forth in these Regulations or in the Declaration.

In any action brought by the Association against any lot owner, including a tenant, to enforce any of these Regulations or any obligation herein contained, the prevailing party shall be entitled to recover his/her/their reasonable attorney’s fees, in addition to other costs allowed by law, and the venue for such action shall lie in Grant County, Washington.

Section 6         Supersede Prior Architectural Regulations

The Restated Architectural Regulations shall supersede in their entirety the Architectural Guidelines previously adopted and recorded by the Association effective upon the adoption and recording hereof by the Association.
 
ADOPTED this 24th day of June, 2000
AMENDED this 22nd day of June, 2002
AMENDED this 26th day of June, 2004
AMENDED this 25th day of June, 2005
AMENDED this 24th day of June, 2006
AMENDED this 23rd day of June, 2007
AMENDED this 28th day of June, 2008
AMENDED this 23rd day of June, 2012
AMENDED this 22nd day of June, 2013
AMENDED this 28th day of June, 2014
AMENDED this 27th day of June, 2015
AMENDED this 25th day of June, 2016
AMENDED this 24th day of June, 2017
AMENDED this 23rd day of June, 2018
AMENDED this 22nd day of June, 2019
AMENDED this 27th day of June, 2020
AMENDED this 26th day of June, 2021
AMENDED this 24th day of June, 2023
AMENDED this 22nd day of June, 2024
 
ATTEST:
 
 
Darci Ulin, President
 		 ATTEST:
 
 
Mark Pierce, Secretary
 
 
 

 State of Washington    )
                                                                        )           ss.
County of Grant          )
 
            On this 3rd day of July, 2024, before me personally appeared Darci Ulin and Mark Pierce to me known to be the President and Secretary, respectively, of Desert Aire Owners Association, a Washington nonprofit corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument.
 
            In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written.            
 
            DATED: ______________________.
 
 
                                                                        _______________________________________
                                                                        Tracey E. Hockman
            [stamp notary seal]                              NOTARY PUBLIC in and for State of Washington,
                                                                        residing at: Benton County
                                                                        My commissioner expires: 10/28/2024