Due to spam, I had to change the webmaster e-mail.
Is it now, webmaster1@coniferpark6.com
please use this address if you need to contact the HOA via e-mail.
Tuesday, December 25, 2007
Wednesday, November 21, 2007
Recent HOA stuff at the state Legislature
Periodically, I check in with the state Homeowners Association Committee to stay current with what's being discussed in this area down in Olympia.
Here's a link to a nice summary of what this committee is, and what they've been up to in the past year.
http://www.leg.wa.gov/documents/joint/HOAA/928Report.pdf
Most of what's being talked about it consistent wiith what we're doing here in Conifer Park 6, but there was one thing that jumped out at me that I'm concerned about. One of the proposals is to create a statue of limitations, of one year, for challenging recorded covenent amendments.
How does this apply to us? We've discussed the 2002 CC&R change regarding vehicle parking extensively at the past few meetings. If this 'statute of limitations' proposal goes into effect, that change, even though it was not properly done, will become permanent. This bumps up the urgency of resolving this issue in my opinion.
Also, just for reference, here's all the other documents this committee has put out, many of which have been linked in earlier posts.
http://www1.leg.wa.gov/joint/committees/hoaa/reports%20and%20publications.htm
Here's a link to a nice summary of what this committee is, and what they've been up to in the past year.
http://www.leg.wa.gov/documents/joint/HOAA/928Report.pdf
Most of what's being talked about it consistent wiith what we're doing here in Conifer Park 6, but there was one thing that jumped out at me that I'm concerned about. One of the proposals is to create a statue of limitations, of one year, for challenging recorded covenent amendments.
How does this apply to us? We've discussed the 2002 CC&R change regarding vehicle parking extensively at the past few meetings. If this 'statute of limitations' proposal goes into effect, that change, even though it was not properly done, will become permanent. This bumps up the urgency of resolving this issue in my opinion.
Also, just for reference, here's all the other documents this committee has put out, many of which have been linked in earlier posts.
http://www1.leg.wa.gov/joint/committees/hoaa/reports%20and%20publications.htm
Tuesday, October 16, 2007
Draft Bylaws Revision
Here is a draft copy of the bylaws, incorporating the changes from the annual meeting. The originals had been typewritten, so I had to retype them completely in order to make the changes.
Everyone is encouraged to review these and compare them to our previous bylaws (also posted on this blog). Please report any errors or discrepencies back to me, so I can correct then before the official copy.
There also were several errors which we did not catch until I sat down and retyped them. Subsequently, there are still many typos that we did not correct at the meeting. I have highlighted these in red, while the revisions that we voted on are marked in blue.
Here is the first draft of the revised bylaws.
Everyone is encouraged to review these and compare them to our previous bylaws (also posted on this blog). Please report any errors or discrepencies back to me, so I can correct then before the official copy.
There also were several errors which we did not catch until I sat down and retyped them. Subsequently, there are still many typos that we did not correct at the meeting. I have highlighted these in red, while the revisions that we voted on are marked in blue.
Here is the first draft of the revised bylaws.
Wednesday, August 29, 2007
Articles of Incorporation
The Articles of Incorporation, which were signed on March 124, 1986,, have been scanned and placed in the internet archive at http://www.archive.org/ and may be accessed there by keyword search of 'Conifer Park 6' if the links below do not work. (sorry I couldn't figure out how to get all the pages into one file)
Page 1
Page 2
Page 3
Page 4
Page 5
Certificate of Incorporation - 14 March 1986
Legal cover Sheet -24 August 1995
Page 1
Page 2
Page 3
Page 4
Page 5
Certificate of Incorporation - 14 March 1986
Legal cover Sheet -24 August 1995
Archived Bylaws
The Bylaws in effect until the 2007 summer meeting, have been scanned and placed in the internet archive at http://www.archive.org/ and may be accessed there by keyword search of 'Conifer Park 6' if the links below do not work. (sorry I couldn't figure out how to get all the pages into one file)
Page 1
Page 2
Page 3
Page 4
Page 5
Update: 1/16/2008
It appears that this copy was not the same copy as the one on file with the county. Due to the poor quality of the originals, someone retyped them a while back. Unfortunatly, the retyped version contained many errors that were not in the originals. The original, "on-record" copy will be scanned soon, as will the updated, corrected, typo-free (I hope) version incorporating the changes from the summer meeting.
Page 1
Page 2
Page 3
Page 4
Page 5
Update: 1/16/2008
It appears that this copy was not the same copy as the one on file with the county. Due to the poor quality of the originals, someone retyped them a while back. Unfortunatly, the retyped version contained many errors that were not in the originals. The original, "on-record" copy will be scanned soon, as will the updated, corrected, typo-free (I hope) version incorporating the changes from the summer meeting.
Wednesday, August 15, 2007
More legal stuff
The issue of legislative intent for RCW 64.38.20(11) came up at the summer meeting. I'm looking very closely at the issue, to make sure that our interpretation is correct, and am listing resources here for anyone to review. If anyone has other resources, please share.
Anyway, here's the original bill S-4301.1 SENATE BILL 6624
http://browsedocs.leg.wa.gov/.../PDF%20Documents/1995-96/Senate%20Bills/6600-6699/6624.PDF... not much special here unless I missed something.
From http://www.wscai.org/Frequently-Asked-Questions~54508~294.htm
"Rules and Rule Enforcement
Q: Can we impose fines for the violation of association rules?
A: Both the Washington Condominium Act (See RCW 64.34.304 (k)) and the Homeowners’ Association statute (See RCW 64.38.020 (11)) give associations the power to levy “reasonable” fines for the violation of association rules, bylaws or covenants. Rules and fines must be properly voted upon by the board or owners and a written schedule of fines distributed to the members of the association. In the event of a violation, the board must be careful to give violators adequate notice and an opportunity to be heard before any fine is imposed, any fines that are not paid may be treated as any other unpaid assessment. The Horizontal Property Regimes Act says only that failure to comply strictly with the covenants, bylaws or rules of an association shall be “ground for an action to recover sums due” (See RCW 64.32.060)."
Here is a good example of a 'schedule' passed by another HOA. This will serve as a good template for our own.
http://www.stonebrook.net/docs/Fine%20Schedule/Rules.fines_schedule.right_to_request_hearing.Stonebrook_HOA.5.10.07.htm
It's also worth reviewing their covenants, which are very similar to our own, especially in terms of 'enforcement', which are nearly identical to our own (allowing us to correct the problem and bill the homeowner). http://www.stonebrook.net/docs/Covenants/covenants.htm
And here's another HOA that went the board of directors approval route, not a change to the bylaws. Their 'schedule' also serves as a good guide http://themeadowglen.org/publications/MN20051114.pdf
And one more http://lhhawoodbridge.com/page6.html, that has a good template for the 'notice'. This HOA also went the board of directors route, and their bylaws, http://lhhawoodbridge.com/page4.html, do not explicitily grant the authority to the board, as ours do now, with the passing of the amendment at the summer meeting.
And additionally, Google turned up a memo from an attorney to another HOA, affirming the legality of such a program.
http://www.innisarden.com/commonlinks/fineopinion.html
Interestingly, this HOA chose to list the entire process in the bylaws, unlike stoneybrook above, which issued a seperate schedule, by the board of directors.
I feel that we have taken a good path, and are on very firm ground, in passing an amendment to the bylaws, explicitly granting the board the authority to approve such a 'schedule'. This gives us the opportunity to design the schedule with the feedback from members that we got at the meeting. Primarily, I think that the 'schedule' should have a provision, requiring a community vote, to increase the fines beyond the initial amounts. Basically meaning, if a future board wants to increase the fines, or modify the types of fines, they would need a community vote to do so.
Anyway, thats all for now.
Anyway, here's the original bill S-4301.1 SENATE BILL 6624
http://browsedocs.leg.wa.gov/.../PDF%20Documents/1995-96/Senate%20Bills/6600-6699/6624.PDF... not much special here unless I missed something.
From http://www.wscai.org/Frequently-Asked-Questions~54508~294.htm
"Rules and Rule Enforcement
Q: Can we impose fines for the violation of association rules?
A: Both the Washington Condominium Act (See RCW 64.34.304 (k)) and the Homeowners’ Association statute (See RCW 64.38.020 (11)) give associations the power to levy “reasonable” fines for the violation of association rules, bylaws or covenants. Rules and fines must be properly voted upon by the board or owners and a written schedule of fines distributed to the members of the association. In the event of a violation, the board must be careful to give violators adequate notice and an opportunity to be heard before any fine is imposed, any fines that are not paid may be treated as any other unpaid assessment. The Horizontal Property Regimes Act says only that failure to comply strictly with the covenants, bylaws or rules of an association shall be “ground for an action to recover sums due” (See RCW 64.32.060)."
Here is a good example of a 'schedule' passed by another HOA. This will serve as a good template for our own.
http://www.stonebrook.net/docs/Fine%20Schedule/Rules.fines_schedule.right_to_request_hearing.Stonebrook_HOA.5.10.07.htm
It's also worth reviewing their covenants, which are very similar to our own, especially in terms of 'enforcement', which are nearly identical to our own (allowing us to correct the problem and bill the homeowner). http://www.stonebrook.net/docs/Covenants/covenants.htm
And here's another HOA that went the board of directors approval route, not a change to the bylaws. Their 'schedule' also serves as a good guide http://themeadowglen.org/publications/MN20051114.pdf
And one more http://lhhawoodbridge.com/page6.html, that has a good template for the 'notice'. This HOA also went the board of directors route, and their bylaws, http://lhhawoodbridge.com/page4.html, do not explicitily grant the authority to the board, as ours do now, with the passing of the amendment at the summer meeting.
And additionally, Google turned up a memo from an attorney to another HOA, affirming the legality of such a program.
http://www.innisarden.com/commonlinks/fineopinion.html
Interestingly, this HOA chose to list the entire process in the bylaws, unlike stoneybrook above, which issued a seperate schedule, by the board of directors.
I feel that we have taken a good path, and are on very firm ground, in passing an amendment to the bylaws, explicitly granting the board the authority to approve such a 'schedule'. This gives us the opportunity to design the schedule with the feedback from members that we got at the meeting. Primarily, I think that the 'schedule' should have a provision, requiring a community vote, to increase the fines beyond the initial amounts. Basically meaning, if a future board wants to increase the fines, or modify the types of fines, they would need a community vote to do so.
Anyway, thats all for now.
Wednesday, July 18, 2007
Bylaws change proposal
These changes to our bylaws will be presented and voted on at the annual meeting, August 7th, provided a quorum is present. Basically, the Bylaws haven't been updated to reflect current practices, and it's important that we do so for future boards and community members to have a clear understanding how how the association is run. Additionally, the last change is intended to give the community the opportunity to approve the covenant enforcement proposal.
Article 2 section 1. Annual meetings
Currently the section requires us to meet on the same day of the same month each year at 8:00pm. Pasts practice has been to meet within the same week of the same month at 6:30.
Proposed to change this section to read "...(Annual meetings) shall be held during the first week of August, at a specific day and time determined by officers and the board to be convenient to members."
Article IV section 2. Elections of Directors
Currently, this section requires elections of Officers to be by secret ballot only. Past practice has been to also use a voice vote or 'show of hands', as determined appropriate by the members and the chair of the meeting.
Propose to change this section to read "Election to the Board of Directors shall be by secret written ballot, or without objection by any member, may be by voice vote or other method as deemed appropriate by the chair."
Article IIV section 1: Enumeration of Officers
Currently requires that only Directors can act as President and Vice President. Past practice has been for these offices to be elected by the general membership at the annual meeting, seperate from the elections of Directors.
Propose to change this section to read "The offices of the accociation shall be a president and vice president **, a secretary, and a treasurer, and such offiers as the board may from time to time by resolution create." (**removes requirement for president and vice president to be members of the board of direstors at all times)
Article IIV section 2: Election of officers
Currently requires officers to be elected only by the board of directors at the first meeting following the annual meeting.
Propose to change this section to read "The election of officers shall take place at ** each annual meeting of members." (removes the 'the first meeting of the board of directors following each
Adminisrative errors:
Correct two typo's in the document where it reads "time" but should read "the"
Article IX Assessments
Add the following paragraph to clarify "as more fully provided in the declaration".
Special assessments may be levied by the Architectual Review Committee, under the approval of a majority of the board of directors, in accordance with a schedule and procedure previously approved by the Board of Directors, and as provided for by Washington State Law. Such procedure shall allow a minimum of 60 days from initial notification to correct the violation, except in extreme circumstances and with the unanimous approval of the board of directors. In such cases, the time period may be reduced to 10 days, as provided for in the Declaration.
Article 2 section 1. Annual meetings
Currently the section requires us to meet on the same day of the same month each year at 8:00pm. Pasts practice has been to meet within the same week of the same month at 6:30.
Proposed to change this section to read "...(Annual meetings) shall be held during the first week of August, at a specific day and time determined by officers and the board to be convenient to members."
Article IV section 2. Elections of Directors
Currently, this section requires elections of Officers to be by secret ballot only. Past practice has been to also use a voice vote or 'show of hands', as determined appropriate by the members and the chair of the meeting.
Propose to change this section to read "Election to the Board of Directors shall be by secret written ballot, or without objection by any member, may be by voice vote or other method as deemed appropriate by the chair."
Article IIV section 1: Enumeration of Officers
Currently requires that only Directors can act as President and Vice President. Past practice has been for these offices to be elected by the general membership at the annual meeting, seperate from the elections of Directors.
Propose to change this section to read "The offices of the accociation shall be a president and vice president **, a secretary, and a treasurer, and such offiers as the board may from time to time by resolution create." (**removes requirement for president and vice president to be members of the board of direstors at all times)
Article IIV section 2: Election of officers
Currently requires officers to be elected only by the board of directors at the first meeting following the annual meeting.
Propose to change this section to read "The election of officers shall take place at ** each annual meeting of members." (removes the 'the first meeting of the board of directors following each
Adminisrative errors:
Correct two typo's in the document where it reads "time" but should read "the"
Article IX Assessments
Add the following paragraph to clarify "as more fully provided in the declaration".
Special assessments may be levied by the Architectual Review Committee, under the approval of a majority of the board of directors, in accordance with a schedule and procedure previously approved by the Board of Directors, and as provided for by Washington State Law. Such procedure shall allow a minimum of 60 days from initial notification to correct the violation, except in extreme circumstances and with the unanimous approval of the board of directors. In such cases, the time period may be reduced to 10 days, as provided for in the Declaration.
Wednesday, June 20, 2007
Covenant enforement proposal
At the summer meeting of the board of directors, the Architectual Review Committee, submitted a proposal to setup a process for covenant enforcement. Typically, covenant problems are easily resolved through contact, and in some cases, a written letter. However, there are rare circumstances where delinquent homeowners become stubborn in their refusal to comply with our covenants.
Currently, when a violation exists, the CCandR's authorize the committee to '...enter upon the property to make inspections, repairs, and maintenance at reasonable times and to charge the lot owner.' However, we feel that this is a drastic measure that could expose the HOA to legal liability should this course of action ever be taken. Imagine the problems if the HOA removed an illegal chain link fence, or towed a junk vehicle in someones yard. As the HOA's primary mission is to protect property values through the enforcement of our covenants, this proposed system would provide another process, which allows for small fines to be issued after all other options (contact, letters, etc) are exhausted.
The process requires a written notice of violation to be issued by the architectual review committee following an attempted intial contact either in person or by phone, and allows for the violator to request a hearing with the board of directors to explain and contest the violation. If the problem still exists after 30 days and the board has not intervened, a second notice of violation is sent via certified mail. If the problem still exists after another 30 days, the Architectual Review Committee can request that the Board of Directors approve the issuance of a fine, according to a preapproved schedule. If a fine is approved by the board, a notice of fine is sent via certified mail. If the fine is not paid within 30 days, it will double. Additional fines can be issued each calendar month up to 12 times per year, per instance, if the problem is still uncorrected and no action is being taken to correct it. Accumulated fines in excess of $100 will be placed as a lien on the property.
We are also considering an 'extraordinary circumstances' exception to the 60 day period, when the board of directors and architectual review committee unanimously agree to take expedited action. This would be applied in extreme cases, such as a landlord evicting tenants, and moving all their belongs to the front yard, leaving junk in the front yard for weeks on end... In cases like this, we feel that the community expects the HOA to take prompt action, and not nessecarily wait 60 days before compelling the homeowner to comply. In these cases, the 60 day period would be reduced to 10 days as prescribed in the CCandR's (section 31).
The amount of fines will vary on the covenant being violated, and the proposed schedule is;
Trash cans/debris in yards: $10
Nuisance (noise, animals, etc): $20
Vehicle parking/storage: $25
Unapproved modifications/tree removal: $50
Exterior Maintence: $50
Basically, if a notice of violation is issued, and the homeowner makes a good faith effort to correct the problem, comply with the covenant, or requests a hearing with the board, that will stop the process. Since Architectual Review Committee members serve indefinintely, we have given final authority to the board, who are elected for 3 year terms, to decide if a fine is appropriate. The entire process takes a minimum of 60 days, allowing a homeowner plenty of opportunity to correct the problem, or submit a plan of action for mitigating the problem.
You can review a previous post, http://coniferpark6.blogspot.com/2007/03/hoa-state-law.html, for information on the state law that grants authority to the board of directors to approve such a system.
The board has tabled the proposal until the fall meeting to provide for community feedback and a comment period. You may e-mail your comments to webmaster@coniferpark6.com, mail them to the P.O. Box 763, Port Orchard, WA 98366, or post them as a comment in this thread. If you post using 'anonymous' please include you name in the text of your comment, so they may be entered into the HOA record.
We understand that the prospect of fines being issued for covenant violations brings up the image of the architectual committee members walking around with ticket books, and want to assure the community that great care has been taken to ensure that this is not the case. This process has been designed to be a 'last resort', short of entering a property to correct a problem, and billing homeowners.
This issue will also be discussed at the summer meeting, and a consensus vote will likely occur to gauge the communities sentiment. Additionally, there is one open spot on the Architectual Review Committee, and the president, vice-president, secretary, treasure, and one member of the board of directors will be elected.
Currently, when a violation exists, the CCandR's authorize the committee to '...enter upon the property to make inspections, repairs, and maintenance at reasonable times and to charge the lot owner.' However, we feel that this is a drastic measure that could expose the HOA to legal liability should this course of action ever be taken. Imagine the problems if the HOA removed an illegal chain link fence, or towed a junk vehicle in someones yard. As the HOA's primary mission is to protect property values through the enforcement of our covenants, this proposed system would provide another process, which allows for small fines to be issued after all other options (contact, letters, etc) are exhausted.
The process requires a written notice of violation to be issued by the architectual review committee following an attempted intial contact either in person or by phone, and allows for the violator to request a hearing with the board of directors to explain and contest the violation. If the problem still exists after 30 days and the board has not intervened, a second notice of violation is sent via certified mail. If the problem still exists after another 30 days, the Architectual Review Committee can request that the Board of Directors approve the issuance of a fine, according to a preapproved schedule. If a fine is approved by the board, a notice of fine is sent via certified mail. If the fine is not paid within 30 days, it will double. Additional fines can be issued each calendar month up to 12 times per year, per instance, if the problem is still uncorrected and no action is being taken to correct it. Accumulated fines in excess of $100 will be placed as a lien on the property.
We are also considering an 'extraordinary circumstances' exception to the 60 day period, when the board of directors and architectual review committee unanimously agree to take expedited action. This would be applied in extreme cases, such as a landlord evicting tenants, and moving all their belongs to the front yard, leaving junk in the front yard for weeks on end... In cases like this, we feel that the community expects the HOA to take prompt action, and not nessecarily wait 60 days before compelling the homeowner to comply. In these cases, the 60 day period would be reduced to 10 days as prescribed in the CCandR's (section 31).
The amount of fines will vary on the covenant being violated, and the proposed schedule is;
Trash cans/debris in yards: $10
Nuisance (noise, animals, etc): $20
Vehicle parking/storage: $25
Unapproved modifications/tree removal: $50
Exterior Maintence: $50
Basically, if a notice of violation is issued, and the homeowner makes a good faith effort to correct the problem, comply with the covenant, or requests a hearing with the board, that will stop the process. Since Architectual Review Committee members serve indefinintely, we have given final authority to the board, who are elected for 3 year terms, to decide if a fine is appropriate. The entire process takes a minimum of 60 days, allowing a homeowner plenty of opportunity to correct the problem, or submit a plan of action for mitigating the problem.
You can review a previous post, http://coniferpark6.blogspot.com/2007/03/hoa-state-law.html, for information on the state law that grants authority to the board of directors to approve such a system.
The board has tabled the proposal until the fall meeting to provide for community feedback and a comment period. You may e-mail your comments to webmaster@coniferpark6.com, mail them to the P.O. Box 763, Port Orchard, WA 98366, or post them as a comment in this thread. If you post using 'anonymous' please include you name in the text of your comment, so they may be entered into the HOA record.
We understand that the prospect of fines being issued for covenant violations brings up the image of the architectual committee members walking around with ticket books, and want to assure the community that great care has been taken to ensure that this is not the case. This process has been designed to be a 'last resort', short of entering a property to correct a problem, and billing homeowners.
This issue will also be discussed at the summer meeting, and a consensus vote will likely occur to gauge the communities sentiment. Additionally, there is one open spot on the Architectual Review Committee, and the president, vice-president, secretary, treasure, and one member of the board of directors will be elected.
Thursday, May 31, 2007
Community Garage Sale!!
The HOA garage sale is this weekend, Saturday, from 9 till 3. So gather up all your stuff and get setup for saturday morning. Signs will be up advertising the area, but you may want to put up an additional sign for your sale if it's not obvious from the street. Also, the sale is being advertised in the paper, so there should be plenty of people coming by. I hope to be out strolling the neighborhood, armed with my camera to get some pictures!
We just sorted through our bookshelves, and I'll have a big ol' box of books, as well as some old CD's for cheap, and some misc dishes that we need to get rid of. Oh, and I've got an old 1955 5.5hp motor, that I've gotten torn down, but lost the motivation to rebuild... I think I might ask a whole $5 for it.
We just sorted through our bookshelves, and I'll have a big ol' box of books, as well as some old CD's for cheap, and some misc dishes that we need to get rid of. Oh, and I've got an old 1955 5.5hp motor, that I've gotten torn down, but lost the motivation to rebuild... I think I might ask a whole $5 for it.
Friday, May 18, 2007
Gasoline Thefts
A recent homeowner has experienced Gasoline thefts!
***
Last night someone apparently siphoned $25 of gas out of my gas tank of my truck parked right in our driveway on Conifer Park.
Please keep your eyes out for any suspicious activity.
Dave
***
Please keep your eyes open, and report any suspicious activity. This blog post will be updated as more information becomes available. If you have any additional information, please use the comment thread.
Also, I recently had to rewrite the HOA alert e-mail list. I used an old archived list I got from the Fergussons, and there are several e-mail addresses on it that are no longer current. If you did not recieve the alert e-mail, and would like to recieve them in the future, please e-mail me at webmaster@coniferpark6.com
***
Last night someone apparently siphoned $25 of gas out of my gas tank of my truck parked right in our driveway on Conifer Park.
Please keep your eyes out for any suspicious activity.
Dave
***
Please keep your eyes open, and report any suspicious activity. This blog post will be updated as more information becomes available. If you have any additional information, please use the comment thread.
Also, I recently had to rewrite the HOA alert e-mail list. I used an old archived list I got from the Fergussons, and there are several e-mail addresses on it that are no longer current. If you did not recieve the alert e-mail, and would like to recieve them in the future, please e-mail me at webmaster@coniferpark6.com
Tuesday, May 15, 2007
Newsletter published
Nice work Richelle on getting the spring newsletter out! I've started this tread so that anyone can ask questions about anything in the newsletter, or provide feedback on any issues that werer brought up.
On another note, my street reflectors have been staying up. Except last week, I noticed that two of them were getting knocked down again. I figured they were the same bored kids, but since I had talked to them, it didn't seem like it had been much of a problem. So I went to go put them back up, and low and behold, I have a new vandal to deal with... this time it's a mole! He's been digging around, and likes to pop up right below the bricks... probably lots of tasty grubs hiding right there. Oh well, I guess it's always gotta be something. The good news is, I'm finally getting grass to grow along the road since people aren't driving on it anymore!
On another nore, Dandelions are becoming a problem on many lots. The old standby Weed and Feed works ok as a temporary fix, but the best solution is really to pull them using a weed puller that gets the whole root. Ace hardware and Fred Meyer both carry a really nice 'step and pull' model for about $25. It takes some time, especially if your yard is big, but it's a great way to get some fresh air, and there are some kids around that would love to do it for you for a few bucks.
On another note, my street reflectors have been staying up. Except last week, I noticed that two of them were getting knocked down again. I figured they were the same bored kids, but since I had talked to them, it didn't seem like it had been much of a problem. So I went to go put them back up, and low and behold, I have a new vandal to deal with... this time it's a mole! He's been digging around, and likes to pop up right below the bricks... probably lots of tasty grubs hiding right there. Oh well, I guess it's always gotta be something. The good news is, I'm finally getting grass to grow along the road since people aren't driving on it anymore!
On another nore, Dandelions are becoming a problem on many lots. The old standby Weed and Feed works ok as a temporary fix, but the best solution is really to pull them using a weed puller that gets the whole root. Ace hardware and Fred Meyer both carry a really nice 'step and pull' model for about $25. It takes some time, especially if your yard is big, but it's a great way to get some fresh air, and there are some kids around that would love to do it for you for a few bucks.
Wednesday, April 4, 2007
Spring Board Meeting coming up
Dawn annouced last week that we'd be holding the quarterly board meeting next week. If anyone has issues or concerns that they'd like to have brought up for discussion, please let Dawn or any other board member know.
I guess someone has been asking about speed bumps on fircrest again. I looked into this issue with the county about a year ago, and learned that it's not a feasable solution for a variety of reasons, primarily because the section of Fircrest north of Conifer is an emergency response route. There are some other options though that we can utilize to slow down traffic though, including adding paint stripes, a stop sign at Dover ct, or putting some well placed 'kinks' in the road. In order to get the counties 'buy in' we need to first have people volunteer to sit radar so we have proof that people are speeding. If you'd like to help, let me know.
I guess someone has been asking about speed bumps on fircrest again. I looked into this issue with the county about a year ago, and learned that it's not a feasable solution for a variety of reasons, primarily because the section of Fircrest north of Conifer is an emergency response route. There are some other options though that we can utilize to slow down traffic though, including adding paint stripes, a stop sign at Dover ct, or putting some well placed 'kinks' in the road. In order to get the counties 'buy in' we need to first have people volunteer to sit radar so we have proof that people are speeding. If you'd like to help, let me know.
Tuesday, March 20, 2007
Suspicious vehicles
UPDATE: This vehicle is the paper deliver guy, and works as a contractor to the Kitsap Sun.
Several people have called the SUN to complain already, and they have said that they are working on the noise problem. There is no need for other people to contact them at this time.
***
As a follow-up to the alert I sent out last night, I saw this suspicious vehicle this morning. I was getting ready and heard a car with loud exhaust at about 6:05 AM, so I went out side to take a look. The vehicle went down dover, turned around and sped back up the hill. I went and fiddled with the trunk of my car, so I could be closer to the street when he passed and get a good look without making it look like I was checking him out.
It was a red convertible sedan with a short rear spoiler, and a black soft top. It may have been an early 90's Mustang, but I don't know cars that well. The license plate was WA 950-NMO. I didn't get a good look at the driver or if there was a passenger.
And as a side note, my street reflectors seems to be staying put since I put down the bricks. Some bored kid rearranged the blocks and hid the posts last week, but it was easy enough to fix. Grass is just starting to grow up there... hopefully if I can keep people from driving on it for the next month or so.
Several people have called the SUN to complain already, and they have said that they are working on the noise problem. There is no need for other people to contact them at this time.
***
As a follow-up to the alert I sent out last night, I saw this suspicious vehicle this morning. I was getting ready and heard a car with loud exhaust at about 6:05 AM, so I went out side to take a look. The vehicle went down dover, turned around and sped back up the hill. I went and fiddled with the trunk of my car, so I could be closer to the street when he passed and get a good look without making it look like I was checking him out.
It was a red convertible sedan with a short rear spoiler, and a black soft top. It may have been an early 90's Mustang, but I don't know cars that well. The license plate was WA 950-NMO. I didn't get a good look at the driver or if there was a passenger.
And as a side note, my street reflectors seems to be staying put since I put down the bricks. Some bored kid rearranged the blocks and hid the posts last week, but it was easy enough to fix. Grass is just starting to grow up there... hopefully if I can keep people from driving on it for the next month or so.
Friday, March 2, 2007
HOA state law
I read some interesting homeowners association case law recently, and also caught up on happenings in the state legislature. Did you know that a law was recently passed that prohibits us from restricting political signs? Although we can restrict the manner in which they are displayed, we cannot prohibit them altogether as section 20 currently does.
Here's some good links, that are good resources to consider when discussing covenants, HOA authority, and law. I'm putting these here as much for my reference, so I can find them easily in the future.
HOA Case Law
http://www1.leg.wa.gov/documents/Joint/HOAA/HOA%20committee-%20Washington%20State%20Case%20Law.doc
Recent legislation
http://www1.leg.wa.gov/documents/Joint/HOAA/HOAbillsummary.pdf
Washington State Law
http://apps.leg.wa.gov/RCW/default.aspx?cite=64.38
Levying of fines for violations
This issue has come up, and I haven't had the time to research the issue fully until recently. After reviewing the law and susequent case law, It is of my opinion that the HOA has the authority to do this, as authorized by the board of directions.
Specifically, RCW 64.38.020(11) states "Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association"
Further, our declaration (the CCandR's) sectyion 31.a states "In the event the owner of any lot shall fail to maintain his lot or the buildings located thereon in accordance with the provisions of this declaration, then the Architectural Review Committee may, by a majority vote of its members, take such action as is necessary to bring the property into conformity with this declaration...."
The CCandR's delegate the authority to levy action to the Architectual Review Committee, and leaves open any action to compel compliance. Since state law allows the levying of fines as implimented by the board of directors, and our declarations leave open 'any action to compel compliance', an amendment to the CCandR's is not required. This is unlike what was required to increase the assessment last year, as the CCandR's clearly state that a vote is required to increase the assessment beyond the consumer price index. I do think it is nessecary to solicit feedback from homeowners, through the newsletter, prior to enacting these rules though, as we want to ensure that this is in the communities interest.
The fining schedule proposed by the Architectual Review Committee previously, seems very reasonable, allowing for two warning letters, 60 days, and attempted personal contact before levying a small fine against a property. We'll need to discuss some details of the process more in detail at upcoming meetings though.
Here's some good links, that are good resources to consider when discussing covenants, HOA authority, and law. I'm putting these here as much for my reference, so I can find them easily in the future.
HOA Case Law
http://www1.leg.wa.gov/documents/Joint/HOAA/HOA%20committee-%20Washington%20State%20Case%20Law.doc
Recent legislation
http://www1.leg.wa.gov/documents/Joint/HOAA/HOAbillsummary.pdf
Washington State Law
http://apps.leg.wa.gov/RCW/default.aspx?cite=64.38
Levying of fines for violations
This issue has come up, and I haven't had the time to research the issue fully until recently. After reviewing the law and susequent case law, It is of my opinion that the HOA has the authority to do this, as authorized by the board of directions.
Specifically, RCW 64.38.020(11) states "Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association"
Further, our declaration (the CCandR's) sectyion 31.a states "In the event the owner of any lot shall fail to maintain his lot or the buildings located thereon in accordance with the provisions of this declaration, then the Architectural Review Committee may, by a majority vote of its members, take such action as is necessary to bring the property into conformity with this declaration...."
The CCandR's delegate the authority to levy action to the Architectual Review Committee, and leaves open any action to compel compliance. Since state law allows the levying of fines as implimented by the board of directors, and our declarations leave open 'any action to compel compliance', an amendment to the CCandR's is not required. This is unlike what was required to increase the assessment last year, as the CCandR's clearly state that a vote is required to increase the assessment beyond the consumer price index. I do think it is nessecary to solicit feedback from homeowners, through the newsletter, prior to enacting these rules though, as we want to ensure that this is in the communities interest.
The fining schedule proposed by the Architectual Review Committee previously, seems very reasonable, allowing for two warning letters, 60 days, and attempted personal contact before levying a small fine against a property. We'll need to discuss some details of the process more in detail at upcoming meetings though.
Street Reflectors
I put out some reflectors on the grassy strip that I maintain along Fircrest, because some people felt like they could park on my lawn there, and I also thought it would help get people to slow down a bit as they come around the corner. Seems to have worked. Nobody's parked there recently, and people do seem to be slowing down... however, my reflectors keep getting knocked down, or stolen during the daytime. They're all up when I go to work in the morning, and then I come home, and they're knocked down, or missing altogether. Eventually, they seem to find their way back when a responsible homeowners finds one somewhere and bring them back.
I don't know who is doing this, but it's becoming a game. I straigthen them up, then they get knocked down again.
I'd appreciate it if anyone sees someone messing with them, if they let me know. It might just be a bored kid walking home from school, in which case, just ask them to stop, and then ask them if they'd like to make some money helping me pull weeds.
I don't know who is doing this, but it's becoming a game. I straigthen them up, then they get knocked down again.
I'd appreciate it if anyone sees someone messing with them, if they let me know. It might just be a bored kid walking home from school, in which case, just ask them to stop, and then ask them if they'd like to make some money helping me pull weeds.
Sunday, February 18, 2007
CCandR link
Hey ya'll.
Nancy said that she had some formatting problems when she pulled up the CCandR's off the link on the left. She's using a Mac, so that might explain why she's seeing something different than me, but I'm wondering if anyone else is having this problem?
Does anyone have a way to publish .pdf files? That would probably be the best fix so that it would work well for everyone.
Nancy said that she had some formatting problems when she pulled up the CCandR's off the link on the left. She's using a Mac, so that might explain why she's seeing something different than me, but I'm wondering if anyone else is having this problem?
Does anyone have a way to publish .pdf files? That would probably be the best fix so that it would work well for everyone.
Thursday, February 15, 2007
Some more tweaks
So I figured out how to load our covenants and some forms onto the Internet Archive, and have linked them on the right side of the page. The Internet Archive is a really cool tool, that's used mostly by hippies to trade old grateful dead recordings, but recently people have been using it for digital archiving and publishing as well. It's basically like a digital version of the Library of Congress, except storage is unlimited. By posting our coventants there, they will forever exist in the public domain, and will be accessable to anyone. We can publish changes, but the original documents, in their original form will always be there, as will every change.... and it's free!
I'm slowly trying to merge the old site to this platform... Telebyte has reactivated our account, Heh, reminds me of a saying... arguing with and engineer, is just like wresting a pig in the mud, sooner or later, you realize that the pig kind of likes it. Anyway, we can probably leave the old site up for a while until we get going...
Anyway, please leave a comment if you log in on what you think of this experiment. You can do this by clicking the 'comment' link below this post.
I'm slowly trying to merge the old site to this platform... Telebyte has reactivated our account, Heh, reminds me of a saying... arguing with and engineer, is just like wresting a pig in the mud, sooner or later, you realize that the pig kind of likes it. Anyway, we can probably leave the old site up for a while until we get going...
Anyway, please leave a comment if you log in on what you think of this experiment. You can do this by clicking the 'comment' link below this post.
Tuesday, February 13, 2007
New website
In an effort to save some money, and to better communication within our community, we've moved our website to this blog. We were paying nearly $100 a year for the hosting of our minimial website previously, and felt that this would be a better deal, and a more useful tool to homeowners, as this site enables comments and feedback to be posted directly.
I hope to transfer all documents that we had previously on our old website, but I also tend to think that these were seldom used by most homeowners. It is my hope, that by moving to a more robust and cutting edge platform, that we will be able to empower more community involvement. Suggestions and feedback are really appreciated. I have little experience with social networking sites like myspace or facebook, but I'm thinking that those might be interesting platforms to explore as well.
This forum will provide for direct feedback within the community. Registering with blogger.com, will enable you to post articles. For the time being, we will also allow anonymous comments, as we recognize that not all users may want to register. If you chose to comment anonymously, we encourage you to identify yourself in your commetn.
Discussions will be moderated by me, and any posts that are offensive or slanderous will be removed.
I hope to transfer all documents that we had previously on our old website, but I also tend to think that these were seldom used by most homeowners. It is my hope, that by moving to a more robust and cutting edge platform, that we will be able to empower more community involvement. Suggestions and feedback are really appreciated. I have little experience with social networking sites like myspace or facebook, but I'm thinking that those might be interesting platforms to explore as well.
This forum will provide for direct feedback within the community. Registering with blogger.com, will enable you to post articles. For the time being, we will also allow anonymous comments, as we recognize that not all users may want to register. If you chose to comment anonymously, we encourage you to identify yourself in your commetn.
Discussions will be moderated by me, and any posts that are offensive or slanderous will be removed.
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