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Lauriemcg

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  1. Yes, the GM has the final say. The Board presents the proposed budget to the GM in January. Board members are also general members. The GM has the opportunity to deliberate, amend, vote to approve the 2016 budget at that meeting.
  2. The additional item requested for discussion is not of an urgent nature and can be discussed at a later date. Thanks for your comments. I believe that we are on the right track to keep the agenda as stated when we voted at the last meeting to have the special meeting. Nice to know, and to know how I might go about it if it was determined to be an urgent item to be brought forward. Thanks! Laurie
  3. Good morning all, Our small HOA Board of Directors met for our Regular meeting this month. At that meeting we made and passed a motion to have a Special Meeting (allowed by ByLaws) to finalize the 2016 budget to present to the Members at the General Membership Meeting in January. A request a couple of weeks later was made to discuss another topic (landscape related, non-urgent) at the Special Meeting as well. No notice of the Special Meeting has as yet gone out - it is scheduled to go out in a couple of weeks. It is my understanding the Special Meetings are called to address specific issues that are not able to wait until the next Regular meeting. And sense the motion for the Special meeting was specific to meeting to finalize a budget, that pretty much constitutes the purpose and agenda. Therefore we cannot add other items to the meeting. My recommendation to the Board Member is that the landscape issue can be put on the next Regular Meeting agenda. I'd like to make sure I'm clear on my understanding of Special Meetings before I give them my response. Thanks Laurie (HOA Pres.)
  4. We, a newish small HOA, have recently completed the process of revising our bylaws (a successful endeavor, with thanks to those who answered questions here). Now we, the Board, are needing to clarify policy regarding access to the fenced storm pond. It is part of the HOA common area, however its sole purpose is for runoff control. We have legal responsibilities for maintenance of that pond with the city and a requirement to keep the fence in good condition and a lock on the gate. The question before us is should there be any other reason a homeowner can go into the pond. There are half a dozen properties which are adjacent to the pond area. For example if a ball is inadvertently tossed there, or an adjoining property fence needs repair, or an adjoining property wants to mow the grass just outside their fence in the pond area to get a better view of the ducks on the pond. I believe it is on the Board's shoulders to clarify and communicate what our decision is about access to the pond, and we will be meeting to write up those "rules". What I'm not sure about is where those rules would sit in the hierarchy of governing documents. Would we have a separate set/book of HOA policy maybe? This may not be the correct forum and I'm not sure Roberts Rules has bearing, aside from process, on such supplemental documents. But thought it worth asking. Thanks Laurie
  5. Thank-you both. And now having my new RRNR book in hand I reviewed those sections recommended. It will be very helpful. Thanks!
  6. Thanks, we did sit down and took a look at the wording and what we intend and shifted back to Member rather then Lot. I agree it is best to say what you mean - sometimes that gets lost in trying to wordsmith to tightly I think. A fresh perspective is always helpful. Thanks
  7. I would like your opinions on this matter. We have and HOA, the Bylaws will state that to be on the Board, or on a Committee you must be in Good Standing. We had used that term thusly: “Good Standing” shall mean a Member who is current in the payment of their assessments and not in violation of the Governing documents. Violation of Governing documents as determined by the Governing body responsible for such matters, until such time as the matter is resolved or appealed." Because we are allowing for Member Representatives (required Power of Attorney stating limited power to act for Member in matters regarding the HOA - several homes have parents living in them where the child is the owner living elsewhere, and they desire their parents to participate for them in the HOA), we are considering change that requirement to indicate that the LOT must be "in good standing" so that the new definition would be thus: “Good Standing” shall mean a Lot that is current in the payment of their assessments and not in violation of the Governing documents. Violation of Governing documents as determined by the Governing body responsible for such matters, until such time as the matter is resolved or appealed." One member has suggested that Lots can make payments... rather members do. Are we adding an level on clarity to our definition by changing it? Again, we want to make sure the Member or the Member Representative is in Good Standing basically... Thanks for your thoughts. Laurie
  8. We are a small HOA, who have been working the past 7 or 8 months on revisions to the original bylaws which had several inconsistencies, errors and omissions. We formed a bylaws committee, sought input (no one from the membership ever showed up or contacted the committee) from the members and in December provided the draft of the changes to the membership (mailing included the draft, cover letter with explanation, and plan for accepting in February) again asking for comments, concerns, suggestions. No feedback from the membership. That draft included the new version of each article and section, each section followed by text with a box around it of the original version of that section, followed by a brief summary of the change made. We were keen on making sure that all information was available to the members as to what was changed and why. We followed up at the Annual Membership meeting in January with some time set aside for questions regarding the Bylaws. No questions again from the attending membership. (ok, we barely met quorum so it was a sparsely attended meeting.) We got authorization from the membership to seek legal advice on some questions we had regarding the bylaws. That done, we sent out a follow up mailing to the membership to supplement the previous document sent out showing any additional changes to that draft of the bylaws recommended and accepted by the committee to the revisions. Our goal is to have had all the discussions out in the open prior to the approval meeting so as to be able to approve the bylaws in their entirety, rather then section by section. Tho we understand that is a possibility should a member request they be approved section by section (i know there is a term for this by it is not coming to mind at the moment). We did not mail out the bylaws in their entirety again without the changed sections (in essence a copy of the bylaws as revised) as that additional cost in printing and mailing would be tough on our budget. Hoping we can send out the final approved version with those dollars. Anyway. We set a special meeting for this Saturday for the purpose of approving the bylaws as they were sent out and including the changes recommended by the lawyer. At that meeting we will have copies available to members without all the old text should someone want to use them at the meeting. Now, a week before the meeting, one of the members has returned the bylaws with some suggestions and questions. Because we have sent out notice referencing the version of changes to be voted on, I'm thinking this person would need to attend the meeting and request those changes as motions to amend the section he references. Is that correct? I'm just wanting to make sure we are not missing a step, or overlooking something that might throw a curve or derail the process on Saturday. Thanks - this has been a bit lengthy (in actual process as well as this description). I do appreciate your thoughts as we prepare for our meeting Saturday. Thanks Laurie (Pres of the HOA)
  9. Ok, this has been very helpful, all your questions and comments. Gives me a better understanding of how to go about the next meeting where we discuss this. Thanks
  10. Great. Ok then. So I can put forward a motion at the next Board meeting for the committee to adopt the following rules: " 1) All lots shall maintain external fencing in good condition and of the style prescribed in SECTION J of Article II of DCC&R. If variance is sought to install fencing of a different style it shall be of the following specifications: [specs for 1 or to options to go here] 2) Fencing along the parameter of the storm pond shall not include a gate into to the pond tract." And then the committee should meet to adopt those rules? Or do they become the rules the committee must "interpret and enforce" without their adoption by the committee? I'm being a bit dogged on this because there has been questions brought up about just what the Board can and cannot do in regards to the ACC and want to make sure I'm as clear as possible when the questions come up again. Thanks Laurie
  11. Back to my laptop, much easier to type So here is the Article from the DCC&Rs, it might help clarify your questions. I've removed names and the bold is my highlight of the section I have a question about. So far what I think I'm hearing is that the ACC is not a Board committee, but rather is a separate committee under the authority of the membership of the association - Laurie DCC&R ARTICLE III ARCHITECTURAL CONTROL COMMITTEE No building, fence, wall or other structure shall be commenced, erected or maintained upon the properites, nor shall any exterior addition to or change or alteration therein until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same have been submitted to and approved in writing as to the harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee composed of two (2) or more representatives appointed by the Board of Directors of the Association. The initial Architectural Control Committee shall be composed of the following: [names of builders removed] Notwithstanding any of the above provisions to the contrary, it is intended that the initial Architectural Control Committee shall remain in office until at least January 1, 2010. After this date the authority of the Architectural Control Committee shall automatically transfer to the [name of HOA], a non-profit corporation, for the designation of such new committee members as provided herein above by the Board of Directors of said corporation. The Architectural Control Committee shall have the primary responsibility of interpreting and enforcing the rules and regulations of building and improvements subject to the procedures hereinafter set forth. The Architectural Control Committee shall adopt such reasonable and uniform rules of architectural control as the Board of Directors may prescribe, including, but not necessarily limited to the following: A No outbuilding or structure of any kind may be started on a platted residential lot before construction of a permanent residence. B. No construction of a dwelling may be started on a platted residential lot without first obtaining: *Written approval from the Board of Directors of the Association or the Architectural Control Committee designated by it pursuant to these covenants. *Each single family residence on a platted residential lot shall contain a minimum floor area of 1150 square feet for one story, exclusive of open decks (covered or uncovered), garages, covered carports, sheds or outbuildings and 1200 square feet for two stores, unless otherwise approved by the Architectural Control Committee. The majority of the Architectural Control Committee may designate a representative to act for it. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore it to any of its power and duties. The committee’s approval or disapproval as required in these covenants shall be in writing. The Board of Directors of the Association or the Architectural Control Committee designated by it shall determine whether any given use of a platted residential lot unreasonably interferes with an abutting owner’s use of his property, and such determination shall be conclusive. In the event the committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted, approval will automatically be granted. Approval by the Architectural Control Committee does not constitute authorization to proceed with any activities that may require conformance with Thurston County procedures and regulations. The Association will hold the committee members harmless from any actions taken (or actions not taken) under any section of this declaration. By purchasing a lot in [subdivision name], the owners agree that, to the extent permitted by law, no member of the committee shall have any liability to the owners for any actions taken or any actions not taken while acting as the Architectural Control Committee under this declaration.
  12. Oh, interesting. So, if the ACC is defined in the DCC&Rs then it is accountable to the HOA membership not the Board? And if so, where it states in the DCC&Rs that they committee shall adopt such rules from the Board of Directors, that would likely be the only guidence or control the Board has of that committee. One concern that brings up (and this is likely a different thread then so I'll repost as such) would be the indemnification the ACC has written in to the DCC&Rs. Hmmm.. Back to my question then, the Board can provide direction to the ACC on rules per the DCC&Rs , how is that done? Thanks
  13. Our HOA CC&Rs set out the authorization for an Architectural Control Committee. There is only one statement in it where the Board can give direction to the committee. Otherwise the committee is authorized to have the primary responsibility to interpret and enforce the rules and regs set out in the CC&Rs. There is one point where the Board can give direction I believe. It states: "The Architectural Control Committee shall adopt such reasonable and uniform rules of architectural control as the Board of Directors may prescribe , including, but not necessarily limited to the following:... " where it lists a couple of bullets about new structures and outbuildings. I would like the Board to be proactive (I'm President on the Board) in setting some direction for some of the rules they should follow. One of them dealing with fencing (there are some others). What I'd like to have set out as a rule is something like: " 1) All lots shall maintain external fencing in good condition and of the style prescribed in SECTION J of Article II of DCC&R. If variance is sought to install fencing of a different style it shall be of the following specifications: [specs for 1 or to options to go here] 2) Fencing along the parameter of the storm pond shall not include a gate into to the pond tract." Procedurally, how would I go about presenting that at our next Board meeting? Would it be a motion to direct the ACC committee to adopt the rule? And if the Board passes that motion, is it then a done deal the ACC must (shall) adopt it or will they have the option of deciding to adopt it? Thanks Laurie
  14. Thanks all, that is helpful. And yes, it turns out we need to bring it up new as it has been over 6 months. Something we didn't know going into this process. Ah, it has been a learning experience! Laurie
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