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.
Wednesday, August 15, 2007
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
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