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General
The Residential Properties shall be used only for access to the Residential Properties and the Nonresidential Properties, for the provision of utility services to the Residential Properties and the Nonresidential Properties, and for residential, recreational, and related purposes (which may include, without limitation, an information center or a sales office for any real estate broker retained by Declarant, offices for any property manager retained by the Residential Association, or business offices for Declarant or the Residential Association) consistent with this Declaration and any Supplemental Declaration and the Master Plan. Except as specifically provided in these Rules, Units shall be used for single family residential purposes only (along with those business activities allowed in Exhibit B to these Rules).
Restrictions & Prohibitions
The following activities within the Residential Properties are restricted such that they may be undertaken only as (and if) permitted under these Rules, or as expressly permitted by and then subject to such conditions as may be imposed by the Board of Directors:
Air Conditioners
Installation of air conditioning units (HVAC and through-window AC units) require prior approval from the Architectural Review Committee (ARC). Applications can be found here. The following restrictions apply:
- Residents in rental units, apartment complexes and condominiums are required to receive approval from their management prior to applying for approval from the ARC.
- Portable AC units which are flush to the window frame do not require ARC approval.
- AC window units which extend beyond the window frame are subject to the additional requirements:
- AC units must be installed in a professional manner.
- Frames/braces must be manufactured to support the AC model.
- Noise rating may not exceed 75 decimals (dB) per city code.
- AC units must be in proper working condition.
- AC units must be removed from window(s) by Oct. 1.
Animals
Subject to King County Animal Care and Control Regulations, a reasonable number of dogs, cats, or other usual and common household pets may be permitted in a Unit. Livestock or poultry of any kind is prohibited. Dogs must be kept on a leash and under control by a responsible party at all times when not contained within the boundaries of the Unit. Pets shall not be allowed to roam free. Owners must clean up after and properly dispose of pet waste. Owners shall take sufficient steps to prevent their pets from unreasonably disturbing others and shall be responsible for any damages caused by their pet or the pet(s) of any guest or tenant. Pets which constitute a nuisance, and or threat will be subject to Policy C: Issaquah Highlands Violation Scheduled Policy. If a pet has been deemed vicious or potentially vicious by the King County Regional Animal Services or other governing agency, the pet may be removed immediately from the community by King County animal control.
Dumping or disposing of unwanted or expired animals is prohibited in all community owned properties including but not limited to ponds, streams, parks, etc.
Antennas and Dishes
Standard TV antennas and satellite dishes one meter in diameter or less shall be permitted at Issaquah Highlands; however, such over-the-air reception devices shall comply with all Architectural Standards or other applicable rules or use restrictions adopted by the Architectural Review Committee, the Board, or the Residential Association, pertaining to the means, method, and location of TV antenna and satellite dish installation, as allowed under Section 207 of the Telecommunications Act of 1996 (as amended). Declarant or the Residential Association shall have the right without obligation, to erect an aerial, satellite dish, or other apparatus for a master antenna, cable, or other communication system for the benefit of all or a portion of Issaquah Highlands, should any master system or systems be utilized by the Residential Association and require such exterior apparatus.
Basketball backboards
Basketball backboards may be attached to the house or garage when not visible from the street (e.g. garages on alleys, side-entry garages on courtyards).
Fixed freestanding or portable basketball backboards (Hoops) are allowed if the following requirements are met:
- The Unit on the Residential Property where the Hoop is located is not an
apartment, condominium or townhome; - The Hoop has bottom weight sufficient to eliminate any significant risk of
tipping; - The Hoop is kept reasonably clean and in good working order, with a net fully
intact, at all times; - When stored, Hoops must be screened from view.
Bodies of Water
Trespassing including but not limited to swimming, boating, use of personal flotation devices, fishing, ice skating, dumping, or other active use of ponds, streams or other bodies of water within the Residential Properties or other portions of Issaquah Highlands is prohibited. The Residential Association shall not be responsible for any loss, damage, or injury to any person or property arising out of any use of any, ponds, streams or other bodies of water.
Burning
Outside burning of trash, leaves, debris or other materials is prohibited; interior wood burning stoves are prohibited.
Outdoor recreational fires are allowed only in professionally manufactured fire pits and cooking devices. Permanent, in-ground fire pits or similar installations require IHCA ARC approval.
Commune and Rooming House
A Unit shall be used as a single housekeeping unit as opposed to persons occupying separate rooms or apartments within the Unit or occupying the Unit in a communal-type arrangement, with or without fee or rent.
Critical Area Buffer Encroachment
Encroachment is prohibited into a Critical Area Buffer or a Building Setback Line as described on title or through other Issaquah Highlands documents, pesticides, insecticides or herbicides are prohibited within the Building Setback Lines, and only fertilizers specified in the Water Wise Living Document shall be allowed within the Building Setback Line. No structures maybe erected or installed outside of one’s personal property to include all open spaces, wetlands or forested areas or association property.
Decks, Patios, Porches
Decks, patios, and porches are not to be used as storage areas. They must be kept neat, orderly and free of moss or algae . Permissible items to be displayed or used on balconies, patios, and porches include outdoor furniture, unobtrusive patio lighting (not including holiday string lights), planters (artificial flowers/plants are prohibited), and BBQ grills. Furniture and patio lighting used on decks and patios shall be limited to a type especially designed and manufactured for outdoor use and kept orderly and in good repair and shall not unreasonably interfere with a neighbor’s view or vision.
Disrepair
Structures, equipment or other items on the exterior portions of a Unit shall not be rusty, dilapidated or otherwise have fallen into disrepair
Drainage
Obstruction or rechanneling drainage flows after location and installation of drainage swales, storm sewers, or storm drains is prohibited, except that the Residential Association shall have such right; so long as the exercise of such right shall not materially diminish the value of or unreasonably interfere with the use of any Unit without the Owner’s consent.
Fertilizers, Pesticide and Dumping
Dumping grass clippings, leaves or other debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances in any drainage ditch, stream, pond, or lake, or elsewhere within the Residential Properties Common Area is prohibited, except that controlled or slow-release, low phosphorus fertilizers may be applied to landscaping on Units provided that care is taken to minimize runoff. Such fertilization must be done in accordance with any environmental handbook or guidelines prepared pursuant to or in connection with the implementation of the Master Plan. The Water Wise Living Document for the Residential Properties (Water Wise Living Document) suggests Best Management Practices for fertilization and pesticide and herbicide application, which are practices for managing these substances safely, effectively, and responsibly.
Homeowners nor their contractors may not apply pesticides or fertilizers (including, but not limited to herbicides, insecticides and fungicides) to any portion of the Residential Common Area, or any other Residential Association-owned property including streetscapes. The Residential Association may levy a fine per incident. In addition, violators may be subject to applicable civil or criminal penalties.
Firearms
Discharge of firearms is prohibited; provided, the Board shall have no obligation to take action to prevent or stop such discharge.
Fireworks
Use or discharge of firecrackers and other fireworks is prohibited.
Flags & Banners
Permanent flag poles are permitted with approval from the Architectural Review Committee (ARC) (see ARC Guidelines). Temporary flags and banners may be displayed from a bracket affixed to the exterior of a dwelling.
Fuel Storage
Onsite storage of gasoline, heating, or other fuels is prohibited, except that a reasonable amount of fuel may be stored on each Unit for emergency purposes
and operation of lawn mowers and similar tools or equipment, and the Residential Association shall be permitted to store fuel for operation of maintenance vehicles, generators, and similar equipment. This provision shall not apply to any underground fuel tank if approved or allowed by the ARC pursuant to Article IV of the Declaration or if allowed by the architectural guidelines.
Galvanized, Copper or Treated Materials
Use of galvanized or copper materials on the exterior of any house or roof or treated roof materials, including without limitation the use of galvanized or copper house gutters, house flashings, or road drainage culverts is prohibited.
Garage and Carports
Conversion of any carport or garage to finished space for use as an apartment or other integral part of the living area on any Unit is prohibited.
Garage and Estate Sales
Garage and Estate sales and any associated signage are prohibited except during approved community-wide events.
Hazardous Chemicals; Environmental Compliance
Hazardous chemicals or substances must be stored, used and disposed of in a manner which prevents them from getting into the environment, including soil, creeks, wetlands, streets, storm drains, storm detention ponds and sewer systems. Any use or discharge in violation of any environmental manual or guidelines prepared pursuant to or in connection with the implementation of the Master Plan is prohibited.
Holiday Decorations
Holiday decorations may be neatly displayed and secured during seasonal time lines only on the Unit. Winter holiday decorations and lighting (including light clips) may be displayed from October 1st through January 15th.
Irrigation Equipment
Unauthorized accessing of and/or tampering with IHCA irrigation equipment including controllers, valves, and all other hardware is prohibited. Violator(s) will be responsible for any damages caused and may be subject to repair fees.
Leasing of Units
“Leasing,” for purposes of this Paragraph, is defined as regular, exclusive occupancy of a Unit by any person, other than the Owner, for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or payment. The Board requires a minimum lease term of six (6) months. Notice of any lease, including tenant contact information, together with such additional information shall be given to the managing agent by the Unit Owner within 10 days of execution of the lease. The Owner must make available to the lessee copies of the Declaration, Bylaws, Community Wide Standards and these Use Restrictions and Rules.
Noise
Use of any radio, loudspeaker, horn, whistle, bell, or other sound device is prohibited that would be audible to occupants of other Units, except alarm devices used exclusively for security purposes. Issaquah quiet hours are from 11:00 pm to 7:00 am.
Nuisances
Activity which emits foul or obnoxious odors outside the Unit or creates noise or other conditions which disturb the peace or threaten the safety of the occupants of other Units are prohibited. The pursuit of hobbies or other activities which cause an unclean, unhealthy or untidy condition, such as littering, newspapers and flyers, cigarette butts, etc., to exist outside enclosed structures on the Unit are prohibited. Noxious or offensive plants, animals, devices or activities are prohibited which, in the Board’s reasonable determination, may cause discomfort, annoyance, or nuisance to persons using the Residential Common Area or to the occupants of other Units.
Outside Items
Construction, erection, or placement of anything, permanently or temporarily, on the outside portions of the Unit is prohibited, whether such portion is improved or unimproved, except in strict compliance with the provisions of Article IV (architectural review) of the Declaration. This shall include but is not limited to signs, swimming pools, swing sets or similar sports and play equipment, storage sheds/containers, dog runs, fences, and other landscape improvements. Garbage cans and recycle bins must meet the requirements of Section (hh).
Clotheslines or drying racks are allowed only under the following conditions. Requirements include:
- All clotheslines or drying racks must be installed in the back yards only. Placement in front yards, porches, front balconies and side yards are not allowed. Clotheslines or drying racks may not be installed or attached to portions of the home visible from the common area property, common areas or streets.
- Clotheslines or drying racks must be retractable or taken down when not in use. They are only allowed in the summer months from May – September.
- Clotheslines may not exceed 6 feet. Drying racks may not extend 60 inches above ground.
- Renters, rental units, apartment complexes and condominiums are required to seek approval from owners or management companies prior to installing.
Physical Disturbance
Activity which would materially disturb or destroy vegetation, wildlife, wetlands, or air quality within the Residential Properties or which use excessive amounts of water is prohibited.
Signage
Signage may not be displayed in windows or be posted on the Residential Properties, except as otherwise expressly provided in these Rules.
Signs or flyers may not be posted on mailboxes, street signs, or on community property in parks, or other common areas including the street frontages and right-of-ways without IHCA approval.
Graduation signage. Yard signs relating to academics and scholastic sports are allowed to be displayed in windows and yards for 45 days. No more than two signs permitted.
Garage Sale signage. Signage during approved community-wide events shall not be placed in the street frontages, right-of-ways or other common areas.
Home Business signage. In the event of any conflict with the signage provisions within these rules and the policy for Residential Trade or Business and Home Office Districts, the latter shall control.
Pet Waste and Security signage. One professionally printed home security system sign and or one professionally printed pet waste sign, not to exceed one square foot in size, may be displayed on a Unit.
Political signage. One (1) Political Sign shall be permitted on a Unit at a time; provided, the Political Sign shall (i) not be more than five (5) square feet in size, (ii) be a maximum height of four (4) feet if posted in the ground, (iii) be of professional quality and design, and (iv) not obstruct line of sight for any traffic or traffic signals and signage. The term “Political Sign” means a sign which advocates for one particular candidate, political party or ballot measure. The period in which Political Signs may be displayed shall be in accordance with state and local law. No Political Signs shall be placed on street frontages, common areas, facilities or grounds.
For Sale or Rent. One (1) professionally printed real estate “For Sale”, “For Sale by Owner”, or “For Rent” sign may be posted within the lot for a residential sale following industry standards for sign size, with a realtor T-Bar, and appropriate attached flyer box. Signs are prohibited from being placed in the streetscapes. Approved signage for units located without street frontage may be posted in the Neighborhood Common Area. In addition, one (1) sign, not to exceed 12” x 24”, may be staked in the front of or placed in the window of the unit for sale or rent. Other types of “For Sale by Owner” or “For Lease/Rent” yard or window signs are prohibited.
Sub-Neighborhoods may erect and maintain professionally manufactured Real Estate Yard Arm Signage at the entrances to the neighborhood. Realtors may display brochures in the attached flyer boxes. If there are more than six (6) listings on a T-Bar and a box is not available, the Owner should contact the IHCA office to coordinate postings.
Homeowners are responsible for repairs or damage to the lawn or irrigation system related to any sign installation. Open house sandwich boards and directional locator signs may be placed in right-of-ways, but may only be used on the day of the open house for the duration of that day’s showing.
Smoking in Common Areas
Smoking is prohibited on property owned by the Issaquah Highlands Community Association which may include parks, common area, open space, and undeveloped property. “Smoke” or “Smoking” means the carrying or smoking of any kind of lighted or electronic pipe, cigar, cigarette, nicotine, marijuana, or any other lighted or electronic smoking equipment.
Storm Retention Ponds
For properties adjacent to a Storm Retention Pond, no big leaf maple, cottonwood, alder or willow trees or other invasive species shall be allowed on the lot. Trespassing and dumping are not permitted at Storm Retention Ponds.
Subdivision
Subdivision of a Unit into two or more Units, or changing the boundary lines of any Unit after a subdivision plat has been approved and filed in the Public Records is prohibited; except Declarant shall be permitted to subdivide, combine, replat, or adjust boundaries for Units which it owns. Further, with the consent of the Reviewer (in accordance with Article IV of the Declaration), the appropriate jurisdiction, and any owner of other affected property, which each of the foregoing may withhold in its sole discretion, an Owner may change a boundary line to correct an error in the setting of such boundary line or to revise the boundary line in accordance with improvements constructed in an inappropriate location.
Timesharing
A Unit may not be used for operation of a timesharing, fractionsharing, or similar program, such as short-term leases less than six (6) months. The restriction in this paragraph includes, but is not limited to, online services such as Airbnb, VRBO and other short-term rental agreements.
Trails
Operation of motorized vehicles on pathways or trails is prohibited.
Trash
Any trash (grey), recycling (blue), or yard waste (green) containers and/or bags and other trash containers must be stored indoors (garage or ARC approved enclosure) during non-pickup hours. Trash cans may only be placed at the curb/street for pickup 12 hours prior to and 12 hours after pickup time. The ARC will consider variance requests in accordance with the variance policy in section 4.5 of the Declaration under the following circumstances:
- Topography
- Natural Obstructions
- Hardship
Vehicles and Equipment
Parking of commercial vehicles or equipment, food trucks, mobile homes, recreational vehicles, golf carts, boats and other watercraft, trailers, stored vehicles or inoperable vehicles are prohibited on a Unit other than inside enclosed garages; except that construction, service and delivery vehicles shall be exempt from this provision for such period of time as is reasonably necessary to provide service or to make a delivery to a Unit or the Residential Common Area.
Violation of Laws
No activity is allowed which violates local, state or federal laws or regulations; however, the Board shall have no obligation to take enforcement action in the event of a violation.
Water Conservation; Lawn Irrigation
Violation of water conservation measures set forth in the Water Wise Living Document or other governing documents is prohibited. Lawn or landscaping irrigation systems which irrigate more than 2,000 square feet, other than low volume or drip systems, must comply with the Issaquah Highlands Water Conservation Standards and obtain a city permit.
Water Withdrawal
Sprinkler or irrigation systems or wells of any type are prohibited to draw upon water from lakes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within the Residential Properties, the Residential Association shall have the right to draw water from such sources.
Wildlife
Capturing, trapping or killing wildlife within the Residential Properties is prohibited, except in circumstances posing an imminent threat to the safety of persons using the Residential Properties.
Window Coverings
Window coverings that are not specifically designed for windows or are not properly installed are prohibited. Paper, cardboard, bed linen, or reflective material window coverings are prohibited. Appropriate window coverings shall be installed within 30 days from close of escrow. Garage window covers for multi-family units are prohibited.
Drones
The Board will defer to the FAA guidelines on drone usage and operation however, they will enforce operator behavior which is deemed a nuisance.
Alleyway Parking
Impeding traffic by parking vehicles in driveways located within an alley is prohibited.
Enforcement of Rules
Each Owner, by virtue of being ultimately responsible for ensuring compliance with the Rules, will be liable for any violations of the Rules by the Owner or its guests, tenants, visitors, agents, employees, or family members and any fines assessed therefore. Any duration of absenteeism from the Unit does not relieve the Owner of this responsibility to comply with the Rules or constitute waiver of fines assessed for violations.
Failure to comply with the rules and regulations set forth herein may result in additional enforcement actions as defined in the policies adopted by the Board for violations and fines.
Fines assessed against an Owner must be paid to the Residential Association.
If an Owner fails to pay a fine when due, such overdue fine will be treated and is enforceable as a delinquent assessment under Article VIII – Residential Association Finances of the Declaration.
In the event of any conflict between the enforcement procedures in this Section 3 and Section 4.24 of the Bylaws, the Bylaws shall control.
