Resolution and Policy Log
| Resolution/ Policy No. | Adopted | Subject | Resolution/Policy Purpose | Resolution/Policy |
| 1 | 07/20/2008 | Adoption of attached Code of Conduct (hereinafter "COC") for all Board of Directors and ACC members to sign. Failure to sign the respective document within a reasonable period of time (30 days) upon joining the Board of Directors, Officers or ACC, will in effect submit resignation from the Board of Directors, Officers or ACC. | To adopt a COC to facilitate the efficient operation of the Association. | The Association hereby adopts the attached COC to be signed by all members of the Board of Directors to be signed by all Committee members. |
| 2 | 07/20/2008 | To establish fixed time and place of monthly Board of Directors meetings so that such meetings may be held without re-notification or additional notice at such place and hour that is fixed by resolution of the board. The fixed time and place will be posted on the web site as well. | To establish a fixed time and place for regular Board meetings. The fixed time and place will be posted on the web as well. | The Association hereby adopts the resolution that all regular Board meetings will be held on the 3rd Sunday of the month, at 6:00pm at Lot 11. If for some reason Lot 11 is not available, there will be a note on the door as to the new location. |
| 3 | 09/21/2008 | Adoption of Community Associations Institutes Rights and Responsibilities for better Communities. | To adopt the Community Associations Institutes Rights and Responsibilities for better Communities Principles for Homeowners and Community Leaders document. This document lays out the principles for homeowners and community leaders. The Board has been working by these guidelines, but felt it was necessary to officially adopt these guidelines for future board members and homeowners. | The Association hereby adopts the attached Community Associations Institutes Rights and Responsibilities for better Communities Principles for Homeowners and Community Leaders. |
| 4 | 09/21/2008 | Re-resolve the resolution for the NSF Fee policy | To be able to collect a reasonable fee for recovery of a check presented to the Association that is not honored by the bank. | The Association hereby adopts the policy that any check presented that is not honored by the bank, will incur a $30 NSF fee. |
| 5 | 09/21/2008 | To allow the Officers to vote toward the approval of the meeting minutes. | To be able to allow the Officers to vote toward the approval of the meeting minutes, as they participate in the meetings, are assigned duties, etc and they should have a vote in the approval of the meetings. | The Officers of the Association will be able to vote toward the approval of the meeting minutes. |
| 6 | 09/21/2008, ratified 04/19/2009, 06/28/2009, 04/18/2010, 03/24/2011 | Designate/appoint committees for the Association, as outlined in the ByLaws. | To designate/appoint the following committees for the Association, as outlined in the By-Laws: Garage Sale, Landscaping, Maintenance, Newsletter, Website, and Safety. | The
following committees are approved by the Association with their
appointed Directors: Garage Sale: Raymond Swearingen Landscaping: Brian Vocca Maintenance: Brian Vocca Newsletter: Raymond Swearingen Website: Martin Scoones Safety/Blockwatch: Brian Vocca Legal Management: Steve Berner Nominating Committee: Steve Berner Emergency Preparedness: Martin Scoones |
| 7 | 07/15/2008 | To send information, other than what is required to send via USPS per the By-Laws, via email and/or website: www.weatherbyEstates,org. | To save on mailing costs by either emailing information to the Members or by posting information on the website and notifying the Members by email that it is there. | Information not required to be sent via USPS by the By-Laws or CCRs will be sent to those Members that we have email addresses for on file. if we do not have an email address on file, then the information will be sent via USPS. It is up to the Member to notify the Board that their email address has changed, and to also make sure that email filters are not losing emails. |
| 8 | 11/16/2008 | Specify the number of voting members on the Board per household. | To limit the number of voting members on the Board of Directors to ONE per household to avoid any conflict of interest, or apparent conflict of interest or collusion. | There will be only ONE (1) voting member of a household allowed to serve on the Board of Directors at any given time. |
| 9 | 11/16/2008 | To establish a clear definition of what is a record and clear retention period. | To be able to provide a definition of what constitutes a record for the Association, and what the retention period is for said record. |
For purposes of record keeping and owners requests, and for
easier, clear compliance with R.C.W. 64.38.045 the Board of
Directors of the Association adopts this policy. The identification of what constitutes official Association records has never been formally established, and the R.C.W. cited above does not clearly define other than to say they shall include financial and records, which includes checks, bank records and invoices, and the names and addresses of owners and the other occupants of lots. Effective immediately on the date of adoption as indicated below, for purpose of all future owners' requests, the records of the Association are defined as and considered to be the Articles of Incorporation, the CC&Rs, the Bylaws and all amendments to any of these governing documents, the financial records (including without limitation checks, bank records, and invoices for assessments and other charges such as fines, etc.), contracts with third parties, the official minutes from monthly Board Meetings, annual owners meetings and special meetings, owner meetings sing-in sheets, any proxies, the list between the Board or Committees of the Association and owners regarding Association business and issues. Accordingly, personal notes, individual letters and memos, emails by and between directors, officers, and owners/members, and other writings of individual Board or Committee members made by them for their own personal use and purposed and which by their nature are not intended or represented to be for the use or official business of the Association shall not be considered as of the Association, nor will they be kept or stored with Association records. Documents and paperwork and emails by and between the Association's counsel and the Board or Committee are not of the Association for purposes of the statute. Executive session minutes, documents regarding or relating to collection of assessments from or enforcing compliance with covenants upon particular owners are private and confidential by their nature, and are not to be considered as of the Association for purpose of owners' requests. Official Records/Retained: The only records required to be retained by the Association as its official records are the Articles of Incorporation, the CC&Rs, the Bylaws and all amendments to any of these governing documents, financial records (including without limitation all checks, bank records, and invoices), contracts with third parties, the official minutes of special and annual owners meetings (and all proxies filed for such meetings) and Board and Committee meetings, owner meeting sign-in sheets, the list of owners names and addresses, and letters consisting of official communications between the Board or Committees of the Association and owners regarding Association business and issues. Retention & Destruction of Official Records: The Articles of Incorporation, the CC&Rs, the Bylaws and all amendments to any of these governing documents, the financial records (including without limitation all checks, bank records, and invoices), and the official minutes of special and annual owners meetings and Board and Committee meetings as identified in section 1 above must be kept indefinitely. All the other documents and records identified in section 1 above must be kept for a period of six (6) years, after which they may be destroyed in the interests of controlling storage costs and record keeping over the long term existence of the Association. |
| 10 | 11/16/2008 | To establish a policy to handle document requests from community members and others. | To especially establish a policy regarding imposing reasonable charges and collecting the costs being incurred in complying with owners' requests for records of the Association, especially where such requests involve providing access to records for personal examination by the requesting Homeowner. | In the
interest of protecting the interests of the Homeowners' as a
whole, and the Association, on the issue of making sure records
requests costs and the time and effort spent by the Board
members are recovered by requesting owners, so the assessment
revenues from Homeowners are not used to cover such matters. 1. A Homeowner requesting to examine and/or have copies of records of the Association must do so in writing, sign the request, and the written request must (a) reasonably describe the records so requested and (b) state the reason for the request (i.e., why or for what purpose the owner wants or needs the records). "See Resolution for remaining text" |
| 11 | 11/25/2008 | To establish a policy for Fining Violations. | To establish a Fining Violation Guideline to help ensure compliance with the CC&R's. | The
Weatherby HOA Board of Directors and ACC adopt the attached
Fining Violation Guideline to give incentive to homeowners to
comply with the Association's Covenants, Conditions, and
Restrictions (CC&Rs). The policy will apply to observations of CC&R noncompliance issues as a result of the regular drive-through inspections performed by the Board and ACC, or noncompliance issues brought to the Board's attention (Using the ACC Violation Inquiry and Report form on www.weatherbyestates.org/ac.htm). This policy will become effective Nov. 25, 2008. See Fining Violation Guidelines for details. |
| 12 | 10/19/2008 | Adoption of Community Association Institutes Fundamentals. | To adopt the Community Association Institutes Fundamentals to foster a better conceptual understanding of how associations function and the roles of residents and association leaders. The hope is that this primer will help people recognize the core principles at the heart of the community association model and, even more importantly, inspire effective, enlightened leadership and responsible, engaged citizenship. | The Association hereby adopts the attached Community Association Institute Fundamentals document. |
| 13 | 12/14/2008 | To approve the actions that were taken, any monies spent, and any contracts that were entered into by the interim board in holding the election, including consulting with the attorney and conducting general HOA business. | To duly approve and ratify all decision made by the interim board, once it was discovered that there were issues with the number of directors and the legality of the board. Those acting on the interim board used good faith and due diligence carrying out the prescribed duties so that the issues could be resolved and brought into compliance with the governing documents. This dates back to September 7, 2007. | The present Board of Directors approves of and ratifies all decisions and votes taken by the prior interim board in conducting HOA business. |
| 15 | 04/17/2009 | To adopt rules and regulations also referred to as an NRG, as voted on by the community March 17, 2009, to allow small signs such as alarm or invisible Fence signs on the lots. | CC&R Section 6.24 Signs, states: "...except in accordance with such rules and regulations as may from time to time be adopted by the Declarant or Association. In the absence of such rules and regulations, no signs whatsoever other than conventional house numbers indicating the address of the premises shall be placed on any Lot or residential site." Several lots in the community have alarm signs and/or Invisible Fence signs. It is in the communities best interest to allow the alarm signs and Invisible Fence signs and the CC&Rs allow such provision. | The Board of Directors approves of and ratifies NRG#1 as voted on by the community. |
| 16 | 05/21/2009 | To adopt rules and regulations also referred to as an NRG, as voted on by the community May 21, 2009, to clearly define commercial signage as used in CC&R Section 6.23 Non-Permitted Parking at the advice of our attorney. | CC&R Section 6.23 Non-Permitted Parking, states: “…Commercial vehicles (which shall include but not be limited to automobiles which display any type of commercial signage), disabled and/or non-operational vehicles shall be subject to the same restrictions….” Our attorney advised that the definition of commercial signage was not clearly defined and as a community we could and should define that via NRG. Several lots in the community have vehicles with commercial signage and law enforcement vehicles. Ambiguity potentially arises when there is even a sticker displaying a name of a company in a back window, like the Ford logo. One definition found online: Commercial signage identifies a business or similar entity (http://en.wikipedia.org/wiki/Commercial_signage) | The Board of Directors approves of and ratifies NRG #2 as voted on by the community. |
| 17 | 05/15/2011 | Hazardous Trees on HOA property. | To define a policy for addressing requests for removal of hazardous trees on HOA owned land including NGPA |
The Board of Directors hereby adopts the following policy regarding hazardous trees on HOA owned land (including NGPA) o Tree must be deemed hazardous by an appropriate professional (such as a certified arborist) o For HOA purposes a hazardous tree is defined as follows: A tree is considered hazardous when it has significant structural defects (such as disease or damage) that are likely to lead to failure and has the potential to fall or break and cause property damage. An otherwise healthy tree cannot be deemed hazardous solely based it is susceptibility to natural wind damage. e The HOA will pay for hazardous HOA tree removal or other corrective actions as recommended by an appropriate professional in a manner consistent with county guidelines. . It will be the responsibility of the homeowner or other concerned party to pay for the professional assessment ofa tree(s) as to whether or not it is hazardous and to present that assessment to the board. o Requests to remove a tree(s) on HOA property that is not deemed hazardous will be considered on a case by case basis and it will be the responsibility of the concerned party to pay for the tree(s) removal. |
