Minutes Board Meeting, 2-26-2013

Attendees:Alex, Bruce, Kathy, Sue, Wesley, Mike Spence

Agenda:

  • Discuss CCR's with a HOA Lawyer - Mike Spence, Attorney with Helsell/Fetterman
  • West Lake Samammish Parkway Project - Alex
  • Easter Egg Hunt - Sue
  • Dues for 2013 - Kathy

CCR Discussion

This is our first discussion with Mike, so it was a two-way discovery of whether our needs and his expertise were in line with each other. Mike started by asking us about some of the Platt Recording details, such as the well on lot 109, the ownership of Tract B (the 41.5 park), Tract D (the overflow pond), Tract A (the green belt between upper/lower neighborhoods). We told him about deeding Tract A and B to the City of Bellevue, and he recommended a deed search to make sure we have those documents in order. He asked about whether we should consider the liability of owning Tract D because of flood damage to property.

After discussing the layout of our neighborhood, we moved on to our general ideas about what specific features in a CCR that we did want to see included, such as:

  • Businesses being run out of the home being allowed
  • Removing references to Unincorporated King County
  • RV and boat parking, being allowed for specific summer months
  • Tree and fence wording

Mike talked about typical CCR enforcement issues such as:

  • Non enforcement of CCRs can lead to the court throwing them out as "Abandoned", when they do attempt to enforce them
  • Monetary fines for CCR violations, so that they have teeth. Fines should have escalated values for first offense, second offense, etc. Our "green tagging" is a technique of first notice, but we have no official documented process of what to do after that.
  • Using a mediator is another method to resolve things.
  • Renter's should be made aware of CCRs and that they bind to both themselves as well as the owners. This brought up the topic of adding language to the CCRs to require the landlord to share new renter information to the board. Mike said that some HOAs require a copy of the rental contract.

Mike then asked what boundaries should the CCRs try to control and we said the "property appearance" was number one, and also some control of the people's behavior should also be considered. In particular, nuisance behavior and noise from people or pets is an example that has plagued the neighborhood in the past.

We then asked about how many hours at Mike's billable rate of $350/hr should we expect this process to take. Mike broke it down into these steps:

  1. 2 hours to search templates and narrow this down to one or two. He will send us the templates to confirm as a good starting point.
  2. 2 hours to create a first draft
  3. 2 hours for iteration on first draft to create a second draft
  4. Step 3 would be repeated until it was ready to submit to the neighborhood for a mail-in vote
  5. After the mail-in vote, there could be additional changes requiring Mike's attention, and then final filing with the City of Bellevue recording office.
  6. Mike estimated 10-15 hours total billable time.

After a final draft was created, we would mail copies to each resident with a self addressed envelope and voting card with Y/N and a suggestion section for submitting desired changes. We need a 75% majority to approve this new CCR. The goal would be to have this done before our annual HOA public meeting, so we could discuss any open issues or concerns.

Mike asked for a letter of engagement to be signed by Alex, and a $5000 retainer to be paid to his firm after the engagement letter was signed. We agreed to those terms and Mike was excused from the remainder of our meeting.

Lake Samammish Parkway Project

We discussed the long delays and possible suggestions to Paul K., the planner of this project. No easy solution exists for prioritzing 41.5 residents in or out, other than having an understanding with the flaggers to give us priority.

The Easter Egg Hunt

We decided that the Saturday prior to Easter would be the right day, avoiding conflicts with Sunday's church attendance. The event will be March 30th, at 10am. Bruce will get 2 bales of hay again. Sue will deal with the candy and eggs. Kathy will bring the stakes for the 3 plots we used last year for staging the eggs: 3 and under, 4-9, and > 10 years of age. Bruce will bring his chalk board sandwich boards for identification of these areas. We will communicate by email to prepare for this event.

41.5 Annual Dues

Kathy reported that most of the dues had been sent in.

The meeting was adjourned around 9:30pm