September 2003

September Activities Announcements

HAD SALMON—ATE WELL Well, I guess 153 lbs. of salmon was the magic number this year. Not much was left according to the BBQ Pit Crew—right to left Tom Compton, Ed Stay, Tim Cleaveland, Ian Malarky, Bob Allen, and Sam Alhadeff. Thank you Crew for your great timing in preparing, grilling and serving up to a crowd of more than 250 residents. Bob also did most of the behind-the-scenes, labor-intensive work, so to you, another sincere thanks.
The lead kitchen crew of our 36th Annual Salmon BBQ consisted of Judy Allen, Kathy Malarky, Linda Gigstad, and Sylvia Moren. Thank you for all your hard work and special thanks to Judy (and her mom for recipe conversions), as well as Linda and Sylvia for your help the days before with all the hours of shopping, taking inventory, and Cooking (with a capital”C”). How many pounds of potatoes do you
think they bought for the Chipotle Potato Salad? Ask one of them in your next passing…

The spicy potato salad was something different to add to the classic northwest fare. As Linda Gigstad said, “Chris the Salmon BBQ is sure a kick this year!” And Judy and Bob, thanks for the use of your space in the kitchen. We needed lots of it to house the many non-perishable and perishable goods. Even in the face of a potential catastrophe (the power went out the night before) the Allens kept their cool when trying to keep the goods cool.

Thank you to the folks who helped set up: Bob Allen (again), David Laskin, R.L. Smith, Sam Alhadeff, Ewa Sledziewski, Pam Smit (and Kelly too), and Tracy Landboe. A hearty thanks also to Barb Bartz, Kit Hart, and Chris Joy for the tedious work of cutting up fruit. Thank you to Jeri Jacobsen for coordinating the desserts this year and to Mary Cleaveland for displaying such beautiful creations! . Did anyone miss the finger jello?

Also, HUGE kudos to Sheri Miller for her magical touches. She used donated flowers from neighbors and residents procured by Ritzco (thank you!) and designed the flower arrangements and the other focal pieces. Registration help included Shelley Fosmire— thanks for processing the reservations and a thank you to those who worked their shifts: R.L. Smith, Kit Hart, Kerry Ramsey, Bonnie Engelby, Janet and Eric Peterson, and Johanna Warness.

Of course, we must not forget the job of clean-up. Thank you to Ingrid Gerbino, Jan Holbrook, Tony and Wendy Morales, and my husband Gary, and Pam Smit. Also, the awesome kitchen crew mentioned above and Pam stayed to clean and dry dishes, and package leftovers. Leave it to Pam and her

ever-present do-good attitude in finding a home for leftovers and the flower centerpieces. The food was given to the local chapter of Volunteers of America and the vases went to those she knew who were sick or who had lost a loved one. Linda Gigstad made a meal-to-go for an elderly couple in the neighborhood. Thank you Pam and Linda for your thoughtfulness. Perhaps we should consider how we can better serve the elderly in the future.

Thank You!!!
Salmon BBQ 2003

Judy and Bob Allen
Sam Alhadeff
Barb Bartz
Sue Buescher
Mary and Tim Cleaveland
Tom Compton
Diane Dillard
Bonnie Engelby
Ingrid Gerbino
Linda Gigstad
Kit Hart
Jan Holbrook
Jeri Jacobsen
Chris Joy
Gary Kocher
Tracy Landboe
David Laskin
Kathy and Ian Malarky
Sheri Miller
Wendy and Tony Morales
Sylvia Moren
Janet and Eric Peterson
Kerry Ramsey
Jim Shea
Ewa Sledziewski
Pam and Kelly Smit
R.L. Smith
Ed Stay
Ritzco Wallace (and her design work)
Johanna Warness
Shelly Watson

A BIG thanks to the folks who donated
flowers and/or greens from their gardens….
Judy Allen
Tracy Landboe
Ritzco Wallace
Mark DeMeritt
Kathy malarky
Pam Smit
Jane Lowell
Jan Holbrook
Lael Call
Lee Jones and Retha McKenna
Betty Ward

Thank you girls for entertaining the wee ones!
Anna Ellersick
Kelly Smit
Tara and Rachel O'Hanlon
Carly Sheldahl
Sara Jones
Caitrin Slack
and Natalie

And last but not least-a hearty thanks to ALL
who brought desserts to share!!

Again, to everyone, and anyone who I missed an enormous heartfelt THANK YOU. To sum it up, long-time resident Sylvia Moren said, "We each have our place-that's what makes it work!" Thank you Sylvia for those simple words of wisdom.
-Chris Kocher

It really does take a community and I would like to see some new faces. Any suggestions or comments on this past BBQ or ideas for future events can be submitted to Chris Kocher at chriskocher@mindspring.com. Or better yet, come to the next Activities Committee meeting on October 7th at Kathy Malarky’s house at 7pm. Care to Chair the 2004 Salmon BBQ? Benefits include working with a great group of people!

Come join your neighbors and celebrate the fall at the first annual Innis Arden Oktoberfest party.
Saturday October 18th
6:30 pm at the Clubhouse
$5.00 per person at the door

Bring your favorite beer stein and fill it with some fine NW microbrew.  Feast on bratwurst, Sauer kraut, German potato salad and rye bread. Remember to book your sitter as this is an adults only party. Please RSVP to Tracy
Landboe at 542 - 1807 so that we aren’t left with an extra 20 pounds of Sauer kraut.

Save the Date!! 
"Dressing the Table" on Friday, November 14th from 7-9 pm Floral Designer and Innis Arden resident Sheri Miller is back by popular demand!  Her workshop will again be a hands-on demonstration at the Clubhouse for a $10 supply fee. "Dressing the Table" will feature not just the basics but new trends on how to spruce up your table top.  There are so many looks and styles for every day or that special day.  Look in next month's bulletin on how to sign up--you won't want to miss it!

Tuesday, October 7th--Mark your calendars--Activities Committee meeting at Kathy Malarky's house at 7 pm.  Be in the know and be there!

Agenda for the October 14th 7:00 PM Board Meeting

  • Approve September’s Minutes
  • Community Comments Board Agenda (to be posted on Web site 3 days before meeting if possible)
  • Committee Reports
  • Building and Remodels:
    Decker--18655 17th NW: Tear down, top ridge won't exceed existing roof height
    Buescher, 18024 13th N.W.: replace L.P. siding with cedar siding. Enclose carport and install garage door.
    Morales, 18737 Ridgefield Rd N.W.--Master bedroom and living room expansion and sunroom addition.
    Tucker, 17233 10th Ave NW--Re-roof rear den and remove the flat roof and replacing it with a trussed roof to match the pitch of the exiting house. New roof will be lower than the main roof of the house, and not visible from the street. Addition of roof covering entry.
    King County, Hidden Lake Pump Station-- new pump station will be constructed to replace the existing pump station.
  • Closing

Blockwatch Update

Theft of a resident’s handbag on 13th NW has been reported to the police. Her back door was unlocked, and the theft occurred while she was answering the front door for a bogus solicitor. The accomplice went in the back door and took her handbag off the kitchen chair. Keep your house locked, put an extra key in your pocket or wear it around your neck when you are gardening or talking with neighbors.

Outgoing mail was also stolen out of mailboxes on 13th. All mailboxes on that street were left wide open on the night of September 7th. Please consider the extra trip, or ask a neighbor, to deposit your outgoing mail in a secure postal box.

New Neighbors
Innis Arden welcomes

  
Thad Meesun and Chou Saleska 14th NW
Charles and Karou Block 13th Avenue NW
Brian Branagan and Carissa Sanchez Ridgefield Rd NW
Peter Harrington and Heidi Hackett 17th Pl. NW
Walter Kerwin and Alexa Davis 10th Avenue NW
Donald Montgomery NW Richmond Beach Rd.
Derek and Lella Norberg 10th Avenue NW

Condolences

Condolences are extended to the family of Gladys Garvin, a 46 year Innis Arden resident, who died July 28 at the age of 95. She loved living in Innis Arden and loved her house, which she was able to stay in up until a week before she passed on. Throughout the years, she had been involved with the Club rummage sale, Innis Arden Orthopedic Guild, and bridge groups.

2003 JUNIOR TENNIS

This summer we had over 80 junior tennis players taking lessons and 19 players on the tennis team. It was a very good tennis summer. We didn’t miss a lesson due to rain!

The tennis team really had a lot of fun this summer. Thank you to all of the parents who drove to our matches! We have a young team and if everyone keeps playing, we should do even better next summer.

We’re planning for another great season next summer. If you have any suggestions for improving and/or expanding the program, let us know. --Heidi Nelson and Kimber Bang

If You Plan to Rent the Clubhouse…..

Please remember that the lower fee, $250, applies only to members’ private parties. For more than a year (see May and June 2002 Bulletins), we have only two rates: for members $250 and for non-members $500. Innis Arden residents cannot sponsor their friends, companies, churches, organizations. Presently, income from rentals covers only 50% clubhouse expenses. $500 is a very low fee and we can not afford renting to non-members for half of this. It hurts our community’s pocket.

If you have any doubts please contact the Clubhouse chair, Ewa Sledziewski

Message of Thanks!

The Innis Arden community thanks Yoshi and Naomi Minegishi for the generous gift of their 11' hardwood dining table. This quality table will add a touch of class to many of our Innis Arden functions. Thank you Yoshi and Naomi!

Playfield Use for Residents Only

The Hillwood Soccer League has not renewed its contract to use the Innis Arden playfield and Innis Arden Club is no longer a named party on their insurance policy. Our insurance policy does not cover non-resident injuries occurring during organized sports, either on the playfield or in the parking lot. As a result, it is important that only residents participate in organized sports on the playfield.

Traffic Update

As many of you have noticed there are a number of changes around the neighborhood. The City has installed a three way stop at the intersection of NW 188th, Springdale Court NW and Ridgefield Road. It has reconfigured the intersection and soon there will be sidewalks at the intersection as well as pedestrian crosswalks!

The City has also installed a speed hump on Springdale Court NW. This speed hump has dramatically slowed traffic down! Although there are a number of childish drivers who continue to honk their horns when they go over the hump, for the most part this experiment is a success. The

City has halted its plans to put the radar signs on 14th NW, because some residents did not feel that the signs belonged in a residential neighborhood. The City has indicated that they will not install those signs until it has written permission from those residents whose houses are near the signs. I do not think that we will be able to place the new signs on 14th NW.

I would welcome feedback about the new changes. If anyone has any suggestions about what we can do in the rest of the neighborhood to slow traffic down, I would welcome those ideas as well. This is an election year and the City Counsel will hopefully be responsive to our ideas. Please let me know what you think.
—Michael Rasch

Bylaw Amendment Update (Corrected 9-22)

Currently, the only way to enforce our covenants is by filing lawsuits. Back in June, the Board proposed a less expensive alternative. A proposed bylaw amendment was drafted which described a covenant compliance process including 1) a hearing procedure 2) implementation of fines for non-compliance and 3) an appeal process that provides for binding arbitration with an impartial third party.

 Having had the opportunity to listen to the suggestions of residents during the three special and two regular meetings over the last couple of months, the Board discussed incorporating these suggestions into the proposed bylaw amendment.

  • Offering a choice of binding arbitration at the beginning of the process, rather than having the Board/compliance committee make a determination was discussed. First of all, the Board/compliance committee would determine if the complaint had any merit. If the Board/compliance committee determined that the complaint had merit, the petitioner or respondent could ask the Board/compliance committee to make a determination, or, choose binding arbitration. The Board would impose fines if the arbitrator determined that there was a covenant violation. The Board/compliance committee would be available for free, but there are costs involved with arbitration.
  • Some Board members felt that all complaints should go to binding arbitration (after it has been determined that the complaint has merit), keeping the Board/compliance committee out if the decision completely. However, this may be financially prohibitive for some residents in the community. A half day of arbitration costs between $375-$1000/per party. Depending upon the complexity of the complaint, it could take a day or more.
  • It was suggested that we first try one method (binding arbitration only) and then the other (choice of binding arbitration or Board/compliance committee determination) and then assess which one would be appropriate for a covenant amendment.
  • Test and improve the process for two years. If the process is working, consider passing a covenant amendment so that it would be permanent.
  • If the Board/compliance committee’s determination is appealed to binding arbitration, fines should be held in abeyance until the arbitrator makes a decision or for 60 days, whichever is shorter.
  • If the Board/compliance committee’s determination is appealed to binding arbitration, then new evidence should be allowed.
  • Reducing the fine schedule to $5/day for the first 2 months, $10/day for the next 2 months, $20/day for the next 2 months $40/day for the next 2 months and thereafter. The goal is to obtain compliance with the covenants, not to punish people.
  • The compliance committee may be composed of shareholders chosen at random by the Board.

 After Club counsel has had a chance to review these suggestions, another special meeting will be scheduled to finalize the amendment and vote on whether to adopt it as a Board vote or as a Shareholder vote. There will be a notice mailed indicating the date, which will be near the end of October.

FAQ
Why didn’t the Board follow through on reinstituting the Special Master process to enforce the View Preservation Amendment?

In September 2002, a motion to retain Richard Hill to reinstitute the Special Master process was passed unanimously. Now the Board has abandoned this idea. Why?

Last time the Special Master process was implemented in May of 1987, there was a class action lawsuit involving 22 plaintiffs and 16 defendants (Innis Arden v Binns). The plaintiffs prevailed. In an attempt to keep lawsuits from clogging the Court system, Judge Ellington appointed ‘special masters’ (usually retired judges) to conduct a factual inquiry and to make recommendations for disposition to the court. Over 600 petitions were processed.

The Special Master ended in 1992 when Ellington understood that the Club would develop a plan for dealing with future petitions. The plan developed by the Board was ineffectual and resulted in no tree dispute resolutions.

In October of 2002, the Board asked residents to help establish that the community needed a Special Master by notifying the Secretary of any unresolved petitions from the previous Special Master process or current litigation. Apparently there are few active lawsuits and unresolved petitions. Attempting to reinstitute the Special Master process would cost $10,000-$12,000 in attorney’s fees, and the probability that the Court would appoint a Special Master is unlikely.

With the passing of RCW 64.38 which among other things, describes association powers including the levying of fines for violations, the Court would have more reason not to appoint a Special Master.

In addition, many residents asserted that more than just the View Preservation Amendment should be enforced. The Special Master would not address noxious use of property, hedges, spite fences and trees, but only the View Preservation Amendment.

Last but not least, it was determined that Rich Hill was representing Viking Properties in an attempt to invalidate the covenants of an adjacent community. This was a clear conflict of interest. As a result, Rich Hill not only withdrew from the Viking Properties case but has also discharged us as clients. Hill returned the unused portion of his retainer fee.

These are the reasons that the Board abandoned the idea of reinstituting the Special Master Process.

Special Meeting of the Board of Directors
September 4th, 2003

Present: Michael Rasch (President), Mike Jacobs (Vice President), June Howard (Treasurer), Carol Solle (Secretary), Ewa Sledziewski (Clubhouse), Dave Fosmire (Reserves), Loys Lamb (Building and Remodels), Maggie Taber (Grounds). Excused: Roger Lowell (Activities). Community members attending: About 50.

The meeting was called in order to discuss amending the Innis Arden bylaws to incorporate covenant compliance including a hearing procedure, implementation of fines for non-compliance, and an appeal process that provides for binding arbitration. Following complaint initiation, the new procedure would allow the Board or committee to do a site visit, have an informal hearing, and make a determination. If a violation is determined, time would be given to achieve compliance.

  • A resident from Red Hawk, a development in Bothell, presented his experiences in a covenanted community that uses fines for enforcement. Fines are used for late community dues and if not paid, results in placing a lien on the property. Fines are also used when the architectural rules are broken, starting with $10/week. The guest mentioned that the rules are pretty clear and covenant violations are not an issue. He will provide a copy of his neighborhood’s covenants.
  • Cottingham- the Board asserts that it has the authority to levy fines because the attorney said so. He suggested that if people read the covenants they will find that the Board does not have this authority.
  • Averill- the meetings are scripted. Levying fines will result in multiple lawsuits against the Board. The Board is trying to intimidate senior citizens. The Board will be proven wrong by the courts.
  • Rust- Covenants do not give the Board power of enforcement. The RCW was never meant to give homeowners association the power to fine. This should be a covenant amendment.
  • Miller- The Board can’t take judicial authority to decide which covenants are enforced.
  • Oughten- Is concerned about the bylaw amendment and does not feel that fines should be used as a hammer. Fines would be ok after binding arbitration.
  • Hollinrake- The guest mentioned getting the set of rules when he moved in. People here are objecting to not knowing what the rules are. Levying fines should be submitted to the membership at large as a covenant amendment.
  • Wagar- it would be a terrible precedent for a Board to vote itself power.
  • Jackie Sherris- should be a vote of the community.
  • John Crooks- Innis Arden and Mill Creek are so different. 1) Bylaws can be overturned 2) if the dog and cat amendment are ignored, the 6 foot hedges should be ignored too. 3) Levying fines should be by community consensus. He has spoken to no one who is in favor of fines.
  • Ester Moore- Board is asking people to give up personal freedom. This Board has announced its bias regarding pets. Covenant compliance should be a committee process and have random representation.
  • Bliss- We have up to this point lived in a democratic community. Major changes should be voted upon.
  • Smit- Wished that people would come up with solutions rather than slamming the Board.
  • R. Chapman- Bring it to a vote.
  • Peris Joyner asked if Board members would recuse themselves from situations in which they were directly involved.
  • Buchmayr- After moving into Innis Arden he was shocked that people don’t comply with covenants.
  • B. Allen- We need rules because there are some people that refuse to be reasonable. Fines are designed for them. It is your responsibility to vote for people on the Board.
  • Zainwel- The Innis Arden Board is ignoring it responsibility to treat residents equitably. There was discussion about reinitiating the special master process but the Board didn’t follow through. This process has accountability to fairness.
  • Miller- The special master process worked. Why not go back to that procedure?
  • Rasch said that the special master process was developed to avoid clogging the court system. At the conclusion of the process, Judge Ellington ordered the Board to deal with enforcing the View Preservation Amendment (VPA). The Board at the time did not adopt an effective way to enforce the VPA. The special master process only addresses the VPA and not the other covenants such as hedges and nuisances. Because there aren’t a lot of pending lawsuits regarding the VPA, the court would most likely not appoint a special master.
  • Jacobs stated that Floyd Seymour sued many years ago to restore his lost view. He won and the defendants cut their trees. Unfortunately, the defendants refused to continue obeying the court order, He is now in his eighties, in failing health, and has been wrongfully deprived of his view.
  • RCW 64.38 was enacted in 1995 after the special master process. It deals with common complaints received from members of homeowners’ associations. It provides a set of basic rules and procedures by which homeowners’ associations must operate and describes association powers. Included in those powers is the ability to conduct a hearing process followed by fines for covenant non-compliance.
  • Regarding hedges, the covenants say that the Board can grant a variance on their height. Currently, people on 8th NW are seeking a variance for their hedges.
  • Legislation enacted is ‘permissive’ legislation in that it permits the Board to levy fines.
  • Peterson asked if another attorney has been consulted. Rasch said that he spoke with Robert Wilson-Hoss who wrote an article in Real Property, Probate & Trust called “Powers of Homeowners’ Associations”. He represents numerous associations.
  • Hoff asked why not leave things the way they are and Rasch responded that lawsuits are cost prohibitive.
  • Solle- could see a covenant amendment down the road after the enforcement process has been refined in the bylaws. She would be uncomfortable implementing something as permanent as a covenant without first trying it out as a bylaw amendment which can be easily changed.
  • Solle has been keeping tabs on shareholders’ opinions expressed at meetings and in letters. Currently there are 45 shareholders (co-owners are counted once regardless of number of meetings attended or letters written) who are in favor of the bylaw amendment and 28 are either against it, or would prefer that it be voted upon at a shareholders meeting, or be a covenant amendment.
  • Taber- the covenants were written during a simpler time. Somehow we’ve gotten derailed. She is appalled by people who don’t comply with the covenants. Everyone signed off on the covenants when they bought their property.
  • Sledziewski- has a wonderful view with no agenda. She observed that the people who oppose fines are opposed to cutting trees.

Meeting adjourned at 8:20.

Innis Arden Club, Inc.
Board of Directors Meeting
September 9, 7:00 PM
Summary of Minutes

The meeting was called to order at 7:05 p.m.

Board members present: Michael Rasch (President), Mike Jacobs (Vice President), June Howard (Treasurer), Carol Solle (Secretary), Loys Lamb (Buildings and Remodels), Maggie Taber (Grounds), Dave Fosmire (Reserves), Ewa Sledziewski (Clubhouse), excused: Roger Lowell (Activities). Community members attending: about 60

Action: A motion to approve the August 2003 minutes passed unanimously.

A. Community Announcements and Concerns

  • A hedge height variance request was made to the Board by residents along 8th NW. Hedges higher than 5 feet (which is the covenant limitation) are needed to block the pollution and noise resulting from traffic on 8th NW as well as thieves. There are no view issues as the homes across the street are not in Innis Arden.
    Action: A motion was made to consult with Club counsel before granting the variance was passed unanimously.
    Averill alleged that this was an attempt to circumvent a covenant violation which has already been petitioned.
  • Gene Maddox presented his reasons and demanded reimbursement and interest within 20 days for dues ‘made under duress’ in 2002. His 2003 check was returned by both Russ Cole (registered agent) and Rasch.  He also demanded to transcribe a share of stock, and said that stock transcription is the dictated primary duty of the secretary according to the Articles of Incorporation.
    Rasch explained that Maddox’s 2003 check was returned on the advice of our attorney because there were restrictive endorsements.
  • Josh West read a letter from ARM and requested that it be published in the Bulletin. He said that at least 140 shareholder households signed a petition disagreeing with the proposed rules enforcement amendment to the bylaws.
    Rasch wanted to know who signed the petition because the Board can’t consider publishing the letter alleging 140 signatures unless we can verify it.
  • Nancy Rust feels that the Bulletin does not reflect both sides of the issue. A letter from Rust recently published in the Bulletin did not represent ARM, but was in response to another article in the Bulletin.
  • Judy Allen urged folks to protect their mail and homes. Incoming mail is being stolen. She presented locking mailbox options: One from Home Depot and another from www.mailboxes.com.
  • Hollinrake commented that the Board realizes we don’t have a functional system in this neighborhood, and asked why ARM has not given any suggestions for effectively enforcing the covenants.
  • Solle reminded the community that there will be Board positions open in January and urged residents to consider running.

B. Board Agenda

Swim Club Obligations to IA, Inc.
In 1956, the Innis Arden Community Club leased property from Innis Arden Club, Inc. for $3000/year, as shown in a notarized document. In 1971, the Innis Arden Community Club subleased property to the Innis Arden Swimming Club for $200/year. This was not notarized.  The treasurer has seen no evidence of payment from the Swim Club. There are a number of legal issues surrounding the Swim Club rental agreement. The Board is hoping that Bob Nickinovich, Jane Lowell or others in the community will help us understand the history. The Board is trying to meet its fiduciary duty.

Clubhouse Remodel Project
Ewa Sledziewski informed the Board and residents that she was resigning from the position of the IA Community Center Committee chair for personal reasons. 

“In order to save the project from delays and keep workshops with Joe Chauncey on schedule (the first one should take place next week), I have decided to withdraw from the Community Center project.

“Since a remodel of the clubhouse and planning of the community center is a huge and serious undertaking, I would like the Board to be responsible for appointing a person who would replace me.

 “Now, I would like to thank from the bottom of my heart all of these committee members who in the past and recently donated their time, who supported me, who worked with me and showed their commitment. Although I will no longer be a part of the clubhouse remodel project that I initiated a year ago, I am very glad that I had an opportunity to meet and work with neighbors. I would like to add that although some of our group members had different points of view on recent Innis Arden issues , we were always civil and friendly to each other. I would like to encourage everybody to get involved in small and big community projects. It will help you to know your neighbors better and make Innis Arden more friendly place to live.”

Rasch felt that it was appropriate to nominate a non-board member as a chair because it is a community project, not a Board project. However, our Treasurer will take care of the books and the chair will submit progress reports to the Board.  Judy Allen was nominated to chair the committee.

Action: A motion to appoint Judy Allen to chair the Innis Arden Community Center Committee passed 7-1 with one abstention.

Bylaw Amendment
Having had the opportunity to listen to the suggestions of residents during the three special and two regular meetings over the last couple of months, the Board discussed incorporating these suggestions into the proposed bylaw amendment.

  • Rasch agreed that the fine schedule was too high, suggesting $5/day for the first 2 months, $10/day for the next 2 months, $20/day for the next 2 months $40/day for the next 2 months and thereafter. He added that the goal is to obtain compliance with the covenants and not to punish people.
  • To address the conflict of interest issue, Rasch suggested adding the choice of binding arbitration at the beginning of the process, rather than having the Board or committee make a determination. First of all, the Board and/or committee would determine if the complaint had any merit. If the Board and/or committee determined that the complaint had merit, the petitioner or respondent could ask the Board to make a determination, or, choose binding arbitration. The Board would impose fines if the arbitrator determined that there was a covenant violation. The Board would be available for free, but there are costs involved with arbitration.
  • If an appeal to arbitration is sought, fines should be held in abeyance until the arbitrator makes a decision or for 60 days, whichever is shorter.
  • Jacobs suggested having a compliance committee with shareholders chosen at random by the Board. He also suggested that if the Board’s decision is appealed to binding arbitration, then new evidence should be allowed. There are limited grounds to appeal the arbitrator’s decision to King County Superior Court. Going to court defeats the purpose of coming up with a fair and expeditious resolution.
  • Fosmire and Sledziewski felt that all complaints should go to binding arbitration (after it has been determined that the complaint has merit), keeping the Board out if the decision completely.  Rasch felt that this may be financially prohibitive for some members of the community. A half day of arbitration costs between $375-$1000/per party. Depending upon the complexity of the complaint, it could take a day or more.
  • Solle suggested testing and improving the process for two years. If the process is working, consider passing a covenant amendment so that it would be permanent.
  • Fosmire suggested that we first try one method (binding arbitration only) and then the other (choice of binding arbitration or Board determination) and then assess which one would be appropriate for a covenant amendment.
  • Howard had concerns about covenant violators who will put off paying fines and/or complying with the covenants when the process will be evaluated.  Both Rasch and Jacobs said that language to prevent that from happening can be written into the by-law."
  • Ewa felt that the loser in binding arbitration should be the one that pays.
  • Rasch suggested that we conduct another special meeting near the end of October to decide 1) changes to be incorporated into the bylaw amendment as discussed above and 2) whether the bylaw amendment should be by shareholder or Board vote.
  • Rasch pointed out that our attorney said that we will get sued whether we enforce the covenants or not. And we will prevail.

Action: A motion to table the vote and setup a special meeting at the end of October was passed unanimously.

Action: A motion to have a legal meeting with club counsel to discuss the proposed changes was passed unanimously.

  • Maddox said that shareholders have the rights and the Board only has duties and obligations.
  • Wager was pleased that the amendment was evolving and entertaining the shareholder vote.
  • Hollenrake said that the Board has an obligation to take action to enforce the covenant. He asked that the 140 people who signed the ARM petition to comply with the community rules.
  • Peterson said that ARM, of which she is a member, is a diverse group. She is concerned about fairness and responsible management and the cost of fines and arbitration to homeowners.
  • Rust appreciates the alternatives. The View Protection Amendment is unfair and poorly written. Arbitration would have to consider city code and critical areas. There should be some burden on the person who complains. She favors sharing the cost.
  • Olason said that since 1989 we have had a bureaucratic and obstructionist Board. He urged the Board to get on with this.
  • West said that the hammer is in lawsuits as specified in the covenants, not in fines.
  • Averill feels that the Board should not rule on violations, but it should always be arbitration, the costs of which should be split, and this should come to a shareholder vote.
  • Howard responded to comments that the Board was being closed minded during the special meetings. This is not the case as the meetings were to receive community input. We are now considering the input and incorporating suggestions into the proposed process.
  • Rasch said that our attorney has advised us that we do not need a covenant amendment to implement fines. He appreciates comments on the process, not personal attacks. The Board is not considering a covenant amendment at this time. If the Board decides violations, it will look at special master decisions for guidance.
  • Bob Allen felt it would be foolish to put this to a shareholder vote unless all shareholders listened to all this discussion. There is not another Board that has worked this hard.

Community Associations Institute (CAI) Workshops

CAI is offering a day of educational sessions for Board members as well as residents on October 4th at the Meydenbauer Center. The cost is $100/person. Information will be posted on the web site.

Action: A motion to send up to 2 Board members to the CAI workshop costing up to $200 was passed unanimously.

Changes to voting procedures
Solle proposes that the following changes be made to the bylaws:

Article 1 Section 1 Meetings:
Annual Meeting should be on the 3rd (not 2nd) Wednesday in January. Otherwise Bulletin notification of election may not be timely.

Article 1 Section 2 Special Meetings: Special meetings of the shareholders may be called not less than 14 or more than 60 days in advance (this way the bylaws will be consistent with RCW 64.38)

Article 1 Section 8 Voting: Add “Delinquent shareholders are not eligible to vote”

Article 2 Section 3b: Add ‘Write-in candidates are permitted’ (for absentee ballots). Add “No cumulative voting is allowed. A shareholder cannot vote for the same candidate multiple times.” (This is known as stuffing the ballot box).

Because processing proxy votes interrupted the flow of the elections last year, Solle suggested some changes:

  • According to CAI, one of the best ways to increase proxy returns is to print the proxy on a postage-paid, pre-addressed business reply card. This way, the owner can fill out the proxy and put it right into the mail. To prevent falsification, this should be an “official proxy” -- and the association should accept nothing else.
  • Proxies should be directed, meaning the shareholder, not the proxy holder, votes
  • Proxies could be notarized
  • Signature cards could be maintained so that signatures can be verified on proxy votes. However, maintaining a current file is laborious.

There was a question about write-in candidates and nominations from the floor. Rust said that there have been times when there are not enough candidates to fill open positions, and so there are nominations from the floor. For this reason, directed proxies wouldn’t work. There seemed to be a general consensus that the postage-paid pre-addressed proxy would be a good idea, but requiring a directed proxy was still in question. Solle is open to suggestions for improving the election process.

C. Committee Reports

Treasurer:
Howard distributed the August 2003 Treasurer’s report. Money has been transferred from our money market to checking to cover expenses. During the next meeting we will discuss the budget. She encouraged Board members to look at their budget line items.

Grounds:

  • Taber received a petition from the Junior Tennis program to move the dumpster. It is in close proximity to the tennis courts and has a bad odor. Earlier Taber had the dumpster moved out of the sight of a neighboring resident. It is a moot point now that the tennis season is over, but we need to resolve the problem by next year. 
  • Soccer practices have been occurring on the playfield. Hillwood Soccer has told its members that non-Innis Arden residents should not play on the Innis Arden playfield (Hillwood is no longer renting our field). A non-Innis Arden resident playing in organized sports on our field presents liability issues. Jacobs suggested that the no trespassing would relieve the Club of its liability. However, Rasch stated that the field might be considered an ‘attractive nuisance’. Taber has asked that Hillwood name Innis Arden as insured but they would not. We will seek advice from Club counsel.

Clubhouse:
A window was broken by a ball thrown from the swimming pool. The Swim Club is paying for its repair. Activities has requested that a light be put outside the kitchen.

Reserves:

  • A survey of Bear reserve was completed in August to make sure that trees proposed for removal are in the reserve. The city has verbally approved of the removal of up to 12 trees—6 trees in each parcel.
    Action: A motion that the Reserve committee make a request with affected neighbors to provide for the removal of affected trees was passed unanimously.
    The survey showed that an adjacent property owner’s driveway was encroaching on Bear Reserve.
  • Fosmire is continuing with identification of hazardous trees. He has reports on 144 trees in Blue Heron, Running Water, and Eagle reserves. This is less than 10% of the trees in the reserves. These trees are hazardous to walkers on the trails and to adjacent homes. An ISA certified arborist made the report.
    Action: A motion to authorize the Reserves committee to remove 144 hazardous trees in Blue Heron, Running Water, and Eagle reserves and to solicit funds from shareholders to help defray the costs was passed unanimously.
  • Randy Stime complimented the current management of the reserves and the reopening of the trail through Blue Heron Reserve where he had walked that day.

Pictures taken in Eagle Reserve, July 2003

Buildings and Remodels:

  • Morley, 16751 15th NW: add 6-1/2 foot deck to house
    Action: A motion to approve of the Morley deck was passed 7-1 with one absention.
  • O’Neil, 18645 17th NW: Swimming pool
    A Wednesday 6:30 site visit was scheduled.
  • Decker--18655 17th NW: Tear down; top ridge won't exceed existing roof height
    Action: A motion to disapprove without prejudice pending a site visit was passed unanimously.

Lamb said there are several remodels in process—Buescher and Morales. Metro has made an application with Innis Arden for the Hidden Lake pumping station. Metro will be making a presentation at the 10-14 Board meeting.

Closing

Rasch read the Notice of Commission (Human Rights) Action, reflecting ‘no reasonable cause’ in the complaint filed by Wayne and Marilyn Cottingham against Innis Arden. This will be published on the Web site.

Action: At 10:15, a motion to adjourn was unanimously approved.
-Carol Solle, Secretary

Notice of Elections

In January, 2004, the annual shareholders’ meeting will be held at the Clubhouse. Two directors will be elected to the Board. Candidates for the Board must submit their names to the secretary, Carol Solle by December 9, 2003. Please consider serving your community!

Bulletin Board

For Sale:

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  • White rocking chair. Excellent condition. Call Lisa at 206-542-8769.
  • Single bed with trundle, bookshelf headboard, Dania design, teak veneer finish, 2 mattresses and 1 box spring, good condition. $150. Gery & Laurie Nunnelee 542-0400