At the annual meeting of membership on November 21, 2003, there was NO motion to ratify the contract with CDC. Until the contract with CDC Management Services Inc., is approved by the association, as required by the HOA Bylaws, CDC should not involve in, unless it provides free services to the association and clearly states that (not $800.00 a month).

So, in "helping to interpret the by-laws and the CC&R's" what's the CDC assigned staff behaving?

Just coming on board, the CDC staff started destroying the dedicated, well intended status of the association. CDC's letter on February 25, 03 reclassifies the association as a "unincorporated association" under the Washington State Homeowners Act (RCW 64.38). His tactics was to elude the criminal problems with the state laws:

RCW 9.24.040 Corporation doing business without license.
Every corporation, whether domestic or foreign, and every person representing or pretending to represent such corporation as an officer, agent or employee thereof, who shall transact, solicit or advertise for any business in this state, before such corporation shall have obtained from the officer lawfully authorized to issue the same, a certificate that such corporation is authorized to transact business in this state, shall be guilty of a gross misdemeanor.

RCW 9.24.050 False report of corporation.
Every director, officer or agent of any corporation or joint stock association, and every person engaged in organizing or promoting any enterprise, who shall knowingly make or publish or concur in making or publishing any written prospectus, report, exhibit or statement of its affairs or pecuniary condition, containing any material statement that is false or exaggerated, shall be punished by imprisonment in a state correctional facility for not more than ten years, or by a fine of not more than five thousand dollars.

 

Changing the association to "unincorporated association" starts a whole new ball game. Please read the "PROBLEMS: Association status" for more info.

Destroying the association's "governing documents", items by items.
In the first letter (February 14, 2003) to "Campus Glen Homeowners Association Members", [CDC staff] AMS®, CMCA®, Community Association Manager attacked the "Declaration of Covenants, Conditions & Restrictions" in the name of the board of directors:

The Board of Directors has called a special meeting pursuant to RCW 64.38.035 of the Washington State Homeowners' Act. The advance notification requirement stated within Article 8, section 5 of the Declaration of Covenants, Conditions & Restrictions is not consistent with said Act. The Washington State Homeowners' Act is the governing authority over the Association's Declaration.

Then he continued to crash the Declaration and the Bylaws by changing the method of director's selection: VOLUNTEERS, completely against every aspects of democracy concepts, theory, and practices. :

Directors

At present there are three volunteer association members on the Board of Directors. Mr. [previous volunteered-president-director] has resigned as Board President to devote time to his family. The current Directors and their officer positions are:

[name withheld]   President
[name withheld]   Vice Pres./Treasurer
[name withheld]   Secretary

There are two vacancies on the Board. The remaining Directors can appoint new directors to complete the terms of the vacant positions per Article IV, section 3 of the bylaws.

What resolution(s) support that?

Who "left" the board beside the [previous volunteered-president-director] ?

What are the terms of this director and of the [previous volunteered-president-director]?

The main reason of the American Independence War is "Taxation without Representation". It means that the Americans will not pay any more taxes [dues] to the British government unless they have their elected representatives in the British government.

Running an association by volunteers is the same scenario. WE, the due-paid members DO NOT have our elected representatives in the decision-making process. We are robbed our basic right of selecting our leaders/representatives. Volunteers are NOT ELECTED officials of the association. They DO NOT have the collective delegated powers to make decisions for the members, on beheld of the association. They can only represent THEMSELVES.

Volunteers can magnificently contribute their works and energies for the welfare of the association but CANNOT represent the association for any LEGAL businesses, unless they falsify their positions and abuse their members' trusts. Their signatures will hold them and them alone, individually responsible in front of the court of laws.

 
Interpreting the Campus Glen's Declaration (CCR) in his OWN, destructive way.
In the first letter (February 14, 2003) to "Campus Glen Homeowners Association Members", [CDC staff] AMS®, CMCA®, Community Association Manager, after attacking a section of the "Declaration of Covenants, Conditions & Restrictions" (Article 8, section 5) , strangely invoked the same section when it fits his intention :

If in the event that the 60% quorum (59 members) required by Article 8, section 5 (as permitted by the Homeowners'Act) cannot not be attained by members in person or proxy at this special meeting, a subsequent special meeting will be held at the same time on Monday, March 24, 2002 at the King County Library located at 848 South 320th, Federal Way, 98003. The quorum requirement for the second meeting requires ½ the quorum of the preceding meeting. This means the quorum requirement for the second special meeting is 30% (30 Members) in person or by proxy.

Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Written notice of the place, day, hour and purpose of any meeting called for the purpose of taking any action authorized under Sections 3 and 4 of this Article shall be sent to all members not less than thirty (30) days nor more than fifty (50) days in advance of the meeting. At the first meeting called, the presence of 60 percent (60%) of the members of the Association or of proxies entitled to cast 60 percent (60%) of the votes of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement;

Not stopping there, he went on and sent out another one of his own rules:

This will need only simple majority to pass the assessment.

Section 4. Special Assessment for Capital Improvements. In addition to the annual assessments authorized above, the Association (or during the Development Period, the Polygon Northwest Company) may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Areas not prohibited by this Declaration, including fixtures and personal property related thereto, provided that any such assessment for those capital improvements or repairs exceeding $5,000.00 shall have the assent of two-thirds (2/3) of the members of the Association who are voting in person or by proxy at a meeting duly called for this purpose. [Article VIII, Declaration]

Section 3. Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from any Common Maintenance Areas except upon prior written consent of the Committee. There shall be no construction of any kind within the Common Areas except that community improvements may be constructed if two-thirds (2/3) of the members of the Association authorize (1) the construction of such improvements and (2) assessments for such improvements. [Article VI, Declaration]

Withholding information related to the purpose of the special meeting of the members.

On the CDC headed letter dated February 14, 2003 :

The purpose of the meeting is to discuss and vote on possible changes to the mailbox replacement project. New information presented to the Board of Directors by the local Postmaster affects the number of mailbox clusters, their location and the cost.

Each owner should have received a notice regarding a special meeting of the Campus Glen Homeowners Association on March 6, 2003. It will be held at the King County Regional Library on 1st Avenue in Federal Way. The time is 7:00 PM. The purpose of the meeting is to discuss improving the mailboxes in the community to U.S. Postmaster approved locked boxes. The purpose of considering this improvement is due to mail theft and identity fraud that has affected some owners in the community. While this improvement was discussed and approved by the membership at the Annual Meeting last December, new information necessitates the community to become involved to approve the final plan.

The Board of Directors and I, as your manager have been working with the local Post Office station manager recently on the possible options and costs associated with this suggested improvement. At the meeting, each option will be presented to the community and invite your input. As a community you will have an opportunity to vote for one of the available options after hearing their elements. The details of the options are still being worked out and therefore I am unable to describe them to you in this newsletter. Your participation is welcome. This is an opportunity for the community membership to become involved in a positive way in steering the outcome of this issue.

Engaging in a fraud activity: locking mailboxes.

It is discussed in more detail in the section "PROBLEMS: Locking mailboxes"