Cedar Springs Homeowners’ Association Special Meeting
September 30, 2006
Presiding were Board members Don Lapworth, Kippy Strandberg, Susan Miller, and Art Shotwell. Allen Souders, Attorney, sat with the Board to respond to questions about the CC&Rs.
The meeting was called to order at 10:00 a.m. in the large meeting room of the
Anacortes Library.
1. Revisions to the CC&Rs
Don Lapworth, President, introduced the Board members and Allen Souders, the attorney the Board has worked with on the revisions to the CC&Rs. Don announced that upon approval of the revisions, the new CC&Rs will be distributed to all homeowners.
Allen Souders explained the reasons that covenants have come into being for homeowners’ associations. They protect the developers and give buyers some assurance of what they are buying into. They are somewhat short term in nature and need to be revised from time to time.
Three Washington State laws set forth mandatory requirements for CC&Rs, while providing latitude for different homeowners’ associations to make their own adjustments. Sixty-seven percent of homeowners must approve changes to the CC&Rs according to the laws.
Allen Souders has reviewed our revisions to make sure that they comply with the law and that they make sense according to his extensive experience with CC&Rs and homeowners’ associations.
Don Lapworth explained one change to the CC&Rs regarding financial penalties for property owners who do not comply with the regulations. If necessary, liens may be put on the property and collected at resale. The financial penalties and conditions will be presented to the homeowners’ association by the Board. As Allen Souders explained, it is more efficient to rely on conversations between the Board and a homeowner, along with fines, if necessary, than to go to court over a disagreement.
There was discussion of whether to amend section 11.9 of the CC&Rs to allow for real estate signs when homeowners want to sell their property. The members present voted to allow such signs with Board oversight and voted to add this language to 11.9: “The Board shall provide, by house rules, for the display of certain signs for real estate marketing.”
There was discussion about the last sentence in 11.6.1. Some people felt that there needed to be room for flexibility regarding what expenses are a homeowner’s responsibility and to what extent the Board should approve paying for damages, especially when pests are concerned and may cause damage both inside and outside of units as well as in between the walls and underneath and across units within a single building. Members present voted to omit the word “sole” from the last sentence of 11.6.1. The members present then voted on their paper ballots whether to accept the new CC&Rs as proposed (and amended during the meeting). As of Saturday afternoon, September 30, 17 units voted to accept the revisions as discussed in the meeting. One unit was against, and one abstained. The revised CC&Rs will therefore go into effect.
2. Revision to Section 11.7 of the CC&Rs
The members present voted on their paper ballots whether to accept 11.7 for inclusion in the CC&Rs up to the word “owner.” The last sentence, which begins with “The Board…” will be part of the House Rules but not part of the CC&Rs. As of Saturday afternoon, September 30, 19 units have voted to accept 11.7 for inclusion as written above.
3. Earthquake Insurance
Susan Miller presented what she had learned about earthquake insurance for the homeowners’ association. Members voted on their paper ballots whether or not to have the association purchase earthquake insurance. As of Saturday afternoon, September 30, 8 units have voted to purchase the insurance and 10 have voted not to. We won’t know the outcome until the proxy ballots have been turned in.
4. Landscaping and Sprinkler System Proposal
Kippy Strandberg, Landscape Coordinator, gave background regarding the problems with the creek, the sprinkler system, the plants, and the soils. John Childs of Simply Yards had written a proposal for improvements to our landscaping and sprinkler system, but it was incomplete and did not provide enough detail. Kippy recommended that we postpone discussion and voting on the proposal until we have adequate information.
Art Shotwell, Treasurer, discussed payment options if we accept John Childs’ revised, detailed proposal. The options included a one-time assessment per unit or a $25 to $35 increase in monthly homeowners’ dues, depending on whether $10 per month was included for earthquake insurance if the homeowners vote to purchase it. Even if the members reject both earthquake insurance and the landscaping proposal, Art will propose a $10 per month increase in monthly dues to keep up with rising expenses.
The meeting was adjourned at 12:00 noon.
The next Board meeting will be November 7th at 7:00 p.m. at the Lapworths’ house,
Respectfully submitted,
Susan Miller