April 2007

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April 2007 Minutes        Attachment 1 Report of the Violations and Adjudication Committee

                       Attachment 2 Resolution for Neighborhood Representative for HINooN

Board Members Present:

Board Members Absent:

 

 Order Of Business

o        The President called the meeting to order and announced that with four Board Members present, a quorum was established.

o        Office Close In.

§         Closed in except for siding.

§         Walt offered to provide siding from his project.

o        West Transition Plate – Just waiting for better weather.

o        Walkway Level Measurements

§         Do have some high & low spots.

o        Spills in front of garages D3 and D1 need to be cleaned up.

o        New Entry System

§         We still need to get cards to 3 households.

§         Steve asked for a date – 16th and 23rd were suggested.

§         Walt brought up some concerns from members.

§         Walt stated that we should allow extra cards if an owner is vouching for a relative, friend, Etc.

§         Steve stated that it is a private community and we need to keep it closed.

§         CW argued that we shouldn’t allow any extra cards to be issued.

§         John stated that it should be the owner’s responsibility to control their issued cards. 

     We’ll have to write a rule to allow owners to buy extra cards to give trusted people access.

§         John charged the CCR & Bylaws Committee to write a draft rule to address the issuance of additional cards.

§         Move & seconded to do the installation on the 23rd and have a special meeting on the 10th to address rules.  

o        Byrnes have submitted plans for their home.

o        Murrays have a home scheduled to arrive soon but we can’t find any permits for it – Lorraine Creek has a

     Ph # for Murrays & will get it for the board.

o        No Report.

o        John advised Lorraine that the committee has the authority and responsibility to gather the

    facts and present their recommendations to the Board.

o        Lorraine stated that the process was clear to her now and the V & J committee would proceed to that end 

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New Business

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Adjourn.

Attachment 1

Report of the Violations and Adjudication Committee

April 7, 2007

Committee Members:

            Pat Buescher, Board Member

            Lorraine Creek

            Leslie Williams

 

The committee’s report is in response to a written complaint from Rick Ruffo (Slip 54) regarding the mooring and operation of a ‘commercial vehicle’ within moorage boundaries by David Hoselitz (Slip 55).

 

Issues: It is the opinion of the Violations and Adjudication Committee that this complaint can not be addressed as an isolated incident, but must be considered in light of occurrences and practices in violation of the Convents, Conditions, and Restrictions (CC&Rs) throughout West Hayden Island Moorage Owners Association (WHIMOA).

4.2 Residential Use. 

            ‘No trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any Moorage Space, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any Moorage Space or Garage Space.’

 

            Violator:

            Tom Stark:                   Was it not the stated intent of Tom Stark (Slip 30) to restore the two

                                                derelict boats moored at his slip for the last one and a half to two years,

                                                and re-sale them?

                                                Is that not a commercial venture?

                                                As a commercial venture, is that not a violation of the CC&Rs?

Rule 5c3. 

            ‘A single commercial vehicle or vessel used in conducting business off site and used as a means of travel from home (the  moorage) to off site business activities may be kept overnight and weekends.’

 

            Violator:

            David Hoselitz:             Is the tug boat moored at Slip 55 a commercial vehicle? 

                                                Is it licensed and titled as a commercial vehicle?

                                                Is the owner of Slip 55 licensed and bonded for commercial activity?

Is the vessel in question used only as transportation to and from work  locations?

Is the vessel in question used and maintained as outlined under Rule 5g which allows the assisting another owner in maintaining or upgrading their personal property without remuneration?

Rule 9e.

            ‘No owner shall permit the storage of a vehicle within the upland outside parking that is not used

on a regular basis. The intent of the term ‘regular’ means daily or weekly.’

 

            Violator:

            Gary Long:                   What is the purpose of the two box vans parked on moorage property?

Are these vehicles used in connection with the business owned by Gary  Long?

If they are not commercial vehicles, are they not subject to Rule 7b limiting the ‘use of a single parking space near the center of the parking area for a period not to exceed 72 hours in any ten consecutive days’?

4.7 Vehicles in Disrepair.  Rule 8; Rule 9e

            ‘No Owner shall permit any vessel which is in an extreme state of disrepair or is not properly licensed and registered to be abandoned or to remain within the moorage in excess of forty-eight (48) hours in any thirty-day period.”

 

            Violators:

            Rick Christiansen:         Are the Christiansen’s (Slip 16) the registered owners of the white BMW                                                 parked in parking lot?

                                                With a flat tire and expired tags since summer of 2006, isn’t this vehicle in

                                                violation of 4.7 and Rule 8?

           

            David Hoselitz:             Is the tug boat moored at Slip 55 licensed and registered to the slip owner?

Tom Stark:   Are the two boats moored on the north side of Slip 30 licensed and registered to the slip owner?

            ‘All vehicles belonging to an Owner or the Owner’s tenants or other occupants of a Houseboat shall be parked in the Owner’s Garage Space.’

 

            Violators:

            Too numerous to count:  How many members of the board are parking more than one car outside

                                                   of their owned garage?

                                                How many Slips are contained in WHIMOA?

                                                How many parking spaces are contained within the common areas of

                                                   WHIMOA?

                                                How can we expect the residents-at-large to abide by the CC&Rs when the

                                                  Board so blatantly disregards Association rules and directives?

4.13 Boats and Personal Watercraft.

            ‘Boats and personal watercraft shall be allowed provided they are owned by the slip Owner, . . . properly licensed, and in a state of good repair.  . . .No Owner shall permit any boat or personal watercraft which is unlicensed or in an extreme state of disrepair to remain anywhere within the moorage unless it is kept within an enclosed garage.’

 

            Violaters:

            David Hoselitz:     Is the vessel moored at Slip 55 owned by the Mr Hoselitz, and is it properly licensed?     

            Tom Stark:           Are the two boats moored at Slip 30 owned by Mr Stark and are they properly licensed?     

Do not these two ‘vessels’, in an extreme state of disrepair, having not been moved under their own power since they arrived in the moorage, violate 4.13 of the CC&Rs?

4.5  Animals. 

            4.5.2.1  ‘Each dog must be kept on a leash, and must be in the company of its owner when outside of the Houseboat.’

 

Rule 4a; Rule 4b. 

            ‘Within the moorage there is a designated off leash area.  This area is defined as the wooded area beginning at the curve inside of the gate entering the moorage, east of the driveway curbing and south to the beginning of the grass.  In all other areas, dogs must be on a leash and constrained by their owner.’

            ‘Mut-Mits are provided at each gazebo.  Moorage Owners are responsible for the removal of the excrement of pets of the owners, owner’s guest, tenants, or tenant’s guests. Exception being the sub-section of the off least area inside of the trees and scrub.’

 

            Violaters:

            Multiple                        Multiple owners let their dogs run free along the walkways and in the

                                                 common areas of the parking lots.

                                                Some let their animals out at night, totally unattended, to take care of

                                                 business and return home when they want.

                                                Numerous owners do not pick up after their animals. 

                     

Questions for the Board?

              

ü      Who is policing adherence to the CC&Rs and Rules of West Hayden Island Moorage Owners Association?

ü      As Rule 1 states ‘the WHIMOA BOD may take action to levy a fine for violations of the CC&Rs and these rules’, should not all members of the board be living examples to all moorage inhabitants of how we should conduct ourselves—

o       When on moorage property?

o       When utilizing moorage resources?

o       When utilizing personal or communal space that impacts the ability of others to enjoy their personal or communal space?

ü      How can you expect owners, tenants, and guests to adhere to policies and rules, when all of our elected officials do not?

 

 

Call to Action.

 

The Violation and Adjudication Committee requests the following motion be made and adopted by the WHIMOA Board of Directors:

 

1.                  Immediate notification to all known violators of section 4.2, Residential Use, requesting a status of the vehicles in question.  Such notification to be sent by Certified Return Receipt First Class Postage to secure legal proof of delivery.  Notification shall include a request for status of the vehicle(s) in question, including proof of ownership and register as may be appropriate.

2.                  Immediate notification to all known violators of section 4.7, Vehicles in Disrepair, Rule 8, and Rule 9e, requesting a status of the vehicles in question.  Such notification to be sent by Certified Return Receipt First Class Postage to secure legal proof of delivery.  Notification shall include a request for status of the vehicle(s) in question, including proof of ownership and register as may be appropriate.

3.                  Immediate notification to all known violators of section 4.13, Boats and Personal Watercraft, requesting a status of the vehicles in question.  Such notification to be sent by Certified Return Receipt First Class Postage to secure legal proof of delivery.  Notification shall include a request for status of the vehicle(s) in question, including proof of ownership and register as may be appropriate.

 

General Moorage Notification:

  1. Notification through posted notices and the WHIMOA Newsletter, Dock Talk, that adherence to the ‘leash law’ contained within the CC&Rs, along with owner’s responsibility to clean up after their pets is mandatory.  A statement of how this will be enforced in the future is paramount.

 

Suggested Amendment to the Covenants, Conditions, and Restrictions:

Many slip owners find it difficult to park their vehicles within their garages.  However, with the limited number of parking spaces available, it is not feasible for all owners to park multiple vehicles in the common areas.  The Violations and Adjudication Committees recommends the following Amendment to section 4.7:

‘Upland overnight parking will be allowed for one vehicle per Owner/tenant slip within the common areas of WHIMOA.  Space limitations prohibit the parking of multiple vehicles per slip on a continuous basis as this impacts the availability of guest and visitor access to parking.  Short term, or transitional, parking as outlined in Rule 7b can be utilized for a second vehicle for a period not to exceed 72 hours in a any 10 consecutive days.”

 

  1. Immediate notification to all moorage owners/tenants of the CC&R requirements—existing or amended—relative to vehicle parking in the common areas of WHIMOA; with a stated compliance date not to exceed 60 days from date of said notice.  This time allowing owners/tenants adequate time to secure off-site storage as needed, maintenance on existing space, and movement of all vehicles to allow equal and fair parking access for the upcoming high traffic periods of late spring and summer.


 

Attachment 2

 

Resolution to adopt a standing committee of one to Represent WHIMOA at Hayden Island Planning meetings and be a board member of Hayden Island Neighborhood Network  (HINooN).

 

STANDING COMMITTEE RESOLUTION

 

Neighborhood Representative

 

Recitals:

 

      West Hayden Island Moorage Owners Association desires to institute a standing committee of one (1) to be WHIMOA’s representative on the Board of Directors for HINooN and further represent the interests of WHIMOA in the neighborhood planning process and City Council Meetings regarding Hayden Island.

 

      Whereas, the interests of the Association, from time to time require representation at City Council meetings, and

 

      Whereas, the interests of the Association, from time to time require representation at neighborhood planning meetings, and

 

Whereas, the interests of the Association, require a representative as a board member on the Board of Directors for HINooN, and

 

Whereas, the actions and decisions made at City Council meetings, HINooN meetings and neighborhood planning meetings regarding Island activities are vitally important to WHIMOA, and

 

Whereas, the WHIMOA Board of Directors’ time is consumed in the operation of the association and management of the facilities,

 

 

Now Therefore Be it Resolved:

 

West Hayden Island Moorage Owners Association establishes a Neighborhood Representative Standing Committee that shall be responsible for the following:

 

1.      Attend all City Council meetings where the interests of the Island and WHIMOA are addressed,

2.      Be the HINooN board member representing WHIMOA,

3.      Represent WHIMOA at all Neighborhood planning meetings,

4.      Advise and report on the actions to be taken at the afore mentioned meetings,

5.      Advise and draft resolutions for WHIMOA BOD to take action regarding City Council actions, HINooN actions and neighborhood planning actions where the Island or WHIMOA’s interests are involved,

6.      Provide a monthly report at the WHIMOA BOD meetings regarding the position of City Council, HINooN and Neighborhood Planning meetings.