September 15th 2008
Dear Fellow Owners:
If you have already sent your vote in for the amendments to the Protective Covenants, Thank You! If you have yet to do so, please mail your ballot by September 22nd 2008 to insure that it will arrive by the fall meeting date which is September 27th 2008.
This letter addresses several rumors and questions working their way through the community. First of all, the Board would like every owner to know that the two most recent letters sent to the owners were sent by fellow owners, not by the Board. Each owner is entitled to his or her opinion.
Some of the other questions that need to be answered:
Q. How did other owners get our addresses?
A. Last spring, an attorney for two owners requested that we give them contact information for the owners in Chiwawa River Pines. The Board then felt that any other owner that requested the same information should also be allowed to have it.
The Revised Code of Washington (RCW 24.03.135) states that:
The corporate records shall be open at any reasonable time to inspection by any member of more than three months standing or a representative of more than five percent of the membership.
Cost of inspecting or copying shall be borne by such member except for costs for copies of articles or bylaws. Any such member must have a purpose for inspection reasonably related to membership interests. Use or sale of members’ lists by such member if obtained by inspection is prohibited.
The Board was and is concerned about the privacy of its members, but it had to comply with the statute.
Q. Why wasn’t a special meeting called as requested by a member?
A. The Board felt that there was ample opportunity for members to call a special meeting as per the by-laws during the summer. Special meetings may be called by “members representing twenty-five percent (25%) of the membership”* and “Notice of special meetings of the members of the corporation stating the place, date and time of the meeting, and the general purpose or purposes thereof, shall be mailed by the Secretary to each member entitled to vote, as least twenty-one (21) days prior to the date of the special meeting.”**
The Board also felt that at the spring meeting there was enough input from the members to go forward. The Board feels that they have done everything the members present at the spring meeting have asked for. The Board also feels that the issue has been debated fully.
Q. Why are we voting on this issue for a second time?
A. The Board is following what a majority of members requested by advisory vote at the spring meeting. The advisory vote was to allow a moratorium on enforcement until the fall meeting, in order to allow the owners an opportunity to vote on the rentals and service-oriented businesses as separate issues.
Q: Are short-term rentals considered commercial use?
A: Yes. The Washington Department of Revenue presumes that a person renting his/her personal home three or more times in any calendar year for periods of less than 30 days each is engaged in a taxable business activity. Once this threshold is met, any subsequent year, even if the owner rents only once or twice a year, tax must be collected (for more information: (www.dor.wa.gov/docs/pubs/industspecific/homerentals.pdf ).
Q. Will my vote on the covenant changes be made public?
A. No. Any request for verification of the final vote will be done via an independent third-party or legal representative of the requester.
Q. How will the votes be counted?
A. Six owners, from the community will be verifying and counting the mailed votes the morning of the fall meeting. If you would like to assist in this process, please contact the secretary before the fall meeting. Votes that are cast at the meeting will be verified and counted during the meeting.
Q. Will there be more discussion on this issue at the fall meeting?
A. There will be 30 minutes allotted for additional statements. Each speaker is limited to three minutes of speaking time. Since the issues have been debated for the past year, the 30-minute time period is more than ample time for discussion.
Q. What happens if the vote(s) fail again?
A. The covenants will remained unchanged and no commercial businesses will be allowed. The Board has set a January 1st 2009 deadline for service-oriented businesses, long term rentals, or short term rentals to come into compliance if the corresponding specific exception is not approved by the majority of the owners.
Q. What happens if the vote(s) pass?
A. For each exception that is passed (service-oriented businesses, long term rentals and short term rentals), the exception will be allowed but must follow the remaining covenants, in addition to rules that may be set by the Board.
The fall meeting will be run according to Roberts Rules of Order. There will be no personal attacks or accusations. The rules of the meeting will be explained at the beginning of the meeting. Every owner has the right to speak to the question on the floor but, when speaking should address the group, rather than speak to each other or attack a specific person.
Only owners will be allowed to attend the meeting.
Please remember that we will be picking up litter on the Chiwawa Loop Road from mile marker 3 to 5 one hour after the fall meeting. Signs, bags, hard hats and vests will be provided.
Again, thanks for voting. Every vote counts.
Board of Directors
Chiwawa Community Association.
*By-laws Article II Section 2
**By-laws Article II Section 3
