[WSBARP] (no subject)

Fri Oct 13 09:00:12 PDT 2017

Bryce, good question.  That statute says, "an opportunity to be heard by the
board of directors or by the representative designated by the board of
directors and in accordance with the procedures as provided in the bylaws or
rules and regulations adopted by the board of directors, ..."

My rule includes the following procedures, which I think are enough, with
the addition of Board decisions at the time of the hearing about the
niceties, discussed below.  My rule is frankly an attempt to pull back from
more formalistic rules that I have tried in the past and just plain don't
fit most HOA cultures that I represent. Anyway, this is what they say now:

If the Board decides to take further action, the Member will be sent a
letter explaining the circumstances, and inviting the Member to a Board of
Directors meeting to be heard in response.  

The Member must let the Board know at least seven days before the meeting
that he or she plans to attend, or needs a continuance. The Board shall give
the Member a reasonable and fair opportunity to attend a meeting, but if the
Member does not make reasonable efforts to do so, in the judgment of the
Board, then the advantages of the meeting will not be available to the
Member.  No more than one continuance will be offered, except for legitimate
unavoidable circumstances.  The Member may appear through any electronic
medium if the Member is able to make all arrangements, or by telephone if
all Board members can hear and participate in the call.

At this Board meeting, the Member will have an opportunity to be heard on
the matter; present testimony; give the Board documents, pictures, and other
evidence; and explain the circumstances; all according to reasonable and
fair procedures as determined by the Board. If the Board determines that the
discussion should be continued to a later Board meeting to give everyone
involved a fair chance to be heard and present evidence, and/or consider
evidence that has been brought to its attention, it may do so. 

This meeting will be, first, an attempt to reach an Agreement, as specified
generally above.  If no Agreement is possible, then the Board will discuss
the matter and reach a decision. The Board will decide if one or more
violations has occurred, and the consequences, as set out below. The Board
cannot vary from Fabulous Acres Rules, including especially Covenants, to
favor one Member when the same Rules apply to all other Members. However,
the extent of the violation, and time frame for corrections, and other
related matters, are subject to agreement.

If the Board finds that a violation has occurred, it shall take appropriate
action, including imposition of a fine, remediation and/or correction
requirements, and/or otherwise as set forth below. The Board shall provide
for a clear conclusion, specifying the Rules violated and the fines and/or
requirements imposed.  It may also include reasons for its decisions.  The
Board shall follow up its decision with a writing to the Member explaining
the result, within a reasonable time.  

          The reasonable and fair procedures as determined by the Board
include such things as how long a person can go on, how many redundant
witnesses are allowed, how nasty the remarks can be, and so on; and the
Board is supposed to take care of all of those matters (as determined by the
Board) when they come up and case-by-case.  The general procedures are
already in the rule. I don't want a rule that tries to address every
possible thing that may come up. I don't have enough paper in the office for
that. 

By the way, my Bylaws always say, instead of invoking Robert's Rules of
Order, that the Board shall adopt procedures for membership and Board
meetings that are reasonable and fair. And that's it. I have never actually
heard of any dispute about what reasonable and fair means.

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

This message is intended solely for the use of the addressee and may contain
information that is privileged, confidential, and exempt from disclosure
under applicable law.  If you are not the addressee, you are hereby notified
that any use, distribution, or copying of this message is strictly
prohibited.  If you received this message in error, please notify us by
reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.
Thank you.

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Thursday, October 12, 2017 1:57 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] (no subject)

I’d like to see your administrative rules concerning the hearing before the
board pursuant to RCW64.38.020(11)

cid:image001.jpg at 01D1AB8F.1C8227E0

Bryce H. Dille | Attorney at Law

P: 253.848.3513| F: 253.845.4941

317 South Meridian

Puyallup, WA 98371

bryced at cdb-law.com

 <http://www.cdb-law.com/> www.cdb-law.com

This transmission contains confidential attorney-client communications and
may not be disclosed to any person but the intended recipient(s).  If this
matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management

Business, Government and Tax Law

Real Estate and Land Use, Residential, Commercial and Condominium
Development

Real Estate and Commercial Transactions & Closings, Including Performing
Services as IRS Section 1031 Exchange Facilitator

Estate Planning, including Wills and Trusts, and Probate Administration

Representation Homeowners/Condominium Association Real Estate Developments

Real Property Foreclosures and Forfeitures

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Thursday, October 12, 2017 1:40 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] (no subject)

This has to do with HOA property condition and behavior systems and fines. I
have changed my system many times and this is where I am now. Thought it
might help others to see what someone else is doing. I have tried to make
this simpler; it relies on one person, either a board member or another
volunteer, who can be nice when talking to members, but also has a backbone.
And it avoids the pages and pages of listed violations and fines that I have
seen in some places. 

Rob 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

This message is intended solely for the use of the addressee and may contain
information that is privileged, confidential, and exempt from disclosure
under applicable law.  If you are not the addressee, you are hereby notified
that any use, distribution, or copying of this message is strictly
prohibited.  If you received this message in error, please notify us by
reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.
Thank you.

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20171013/330a3188/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4039 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20171013/330a3188/image001.jpg>