The Campus Glen Homeowners' Association was incorporated on September 27, 1994 with the Office of the Secretary of State (UBI# 601575435) as a non-profit corporation as set forth in Section 1, Article X of the CCR, and Article I of the Bylaws under the provision of RCW 24-03 by a profit-corporation called Campus Glen Limited Partnership

The Campus Glen Homeowners' Association was DISSOLVED (ceased to legally exist) under the Washington State regulation on January 4, 1999 as its license was expired. In the lay terms, the Secretary of State signs a "death certificate" for the Campus Glen Homeowners' Association, by a 'natural cause'! The screen-shot on the left was accessed the database of the Secretary of State, Corporation Division on March 27, 2003. Information can get from the Secretary of State, Corporation Division at (360) 735-7115 or through the Website: http://www.secstate.wa.gov/ Click on "CORPORATION" of the left column Click on "CORPORATION SEARCH" of the left column Enter the association UBI number: 601575435 Click "SEARCH" Under the laws of Washington State, there is NO Campus Glen Homeowners' Association as a nonprofit corporation, which can legally do business transactions such as imposing/collecting dues, hiring staff, contracting services, just name a few.

 

This information was discovered on January 9, 2003 and I sent e-mail to some homeowners, including volunteer people self imposing as the association's directors. The then self-proclaimed president recognized that information through his e-mail:

Date: Sun, 12 Jan 2003 13:42:58 EST
Subject: Re: Association Status
I have already spoken to the new property manager about this and he stated we would have to restart the Campus Glen HOA if unlicensed longer than 3 years, . . . . . He is looking into this and will have an answer sometime this week. ....

Status of Association

It has come to the attention of the Board of Directors and I that there is misinformation being conveyed in the community by a member of the Association. This member is asserting that the Campus Glen Homeowners Association is not a legal entity. At present the Association is not "incorporated'. This fact does not mean that the Association is not a legal entity. The State of Washington recognizes the Association as a "Homeowners Association" but not as a "corporation'. When the developer set up the Association, it was incorporated. However, past Board of Directors were not aware of this when the corporation status expired in 1999. The expiration occurred because the Association did not file an annual report for renewal purposes as a result.

I repeat, this fact does not make the Campus Glen Association illegal or a non-entity. RCW 64.38 commonly known as the Washington State Homeowners Act, defines an Association as an HOA whether it is incorporated or not. Specifically, this is per RCW 64..38.010 for those interested in reading. Each member of the Association has agreed to follow the terms set forth in the governing documents of the Association. The Association is a legal and binding entity that is covenant with each lot in the community. The act of purchasing your home makes you a member automatically. As a member you are bound and obligated to the Declaration of Covenants, Conditions & Restrictions known commonly as C,C&R's or the "Declaration".

The Board of Directors became aware of this issue in December 2002 during the Holidays. On January 1, 2003, CDC Management Services took over management responsibilities working on behalf of the governing Board of Directors. We checed the status of incorporation and indeed confirmed that it had expired. The Board of Diretiors has given permission to have an attorney draft new articles of incorporation and file for, incorporation again with the state of Washington on the Association's behalf. The Association will be filing as a "non-profit' corporation. Incorporation has certain benefits that protects the membership in the event of losing a lawsuit and may provide tax benefits amongst other benefits. The incorporation should be in place in a couple of months.

Campus Glen Homeowners' Association presently operates as an unincorporated association, as the law permits.
. . . .
It exists now as an unincorporated association. This unincorporated association is the "successor" to the corporate entity "Campus Glen Homeowners' Association."

Are there TWO separated entities/organizations: a new and distinct 'Campus Glen Homeowners' Association' unincorporated association AND the old dissolved 'Campus Glen Homeowners' Association' non-profit corporation, so the former one can be the SUCCESSOR of the latter? If so, then there are lots of unsolved questions!

 
Both are responding to my open-letter to the neighbourhood (including my letter to CDC). It's very interesting to note that I discovered the dissolution status of Campus Glen Homeowners' Association ON January 9, 2003. How does this happen: The Board of Directors became aware of this issue in December 2002 during the Holidays. On January 1, 2003, CDC Management Services took over management responsibilities working on behalf of the governing Board of Directors. We checed the status of incorporation and indeed confirmed that it had expired. [from the letter] is beyond my imagination!

Surely, the fact that the Campus Glen Homeowners' Association as a non-profit corporation is currently INACTIVE, it can be REACTIVATED in some manner and procedure. However its validity and construct enforceability are preserved.

Changing the association to "unincorporated association" starts a whole new ball game. By definition, the association is not a separated entity, but is rather a body of individuals acting together for the prosecution of a common enterprise. It cannot do anything by ITSEFT! It CANNOT do miracle: raised itself from "death" with a brand new head "unincorporated." Some kind of "mission impossible"?

Since when was this unincorporated association formed?

Who are the persons —homeowners or strangers— composing it?

Where is the voluntary contract signed by people in associating themselves together?

Who is the authority to declare this organization as the successor of the dissolved CGHOA?

and mandatory membership?

Soon new statements come up to cover the old ones without any proofs, from strangers. We, members of the community, the OWNERS of the association, have NO idea of what's going on, were not informed, consulted, involved in the decision making process, even just a few actively participating. When will they accept the reality and react properly, instead of putting their heads in the sand, and pretending that nothing really happens?

Do they understand what does it mean "unincorpated association"? Legal manuals define that an "unincorporated association" is a "voluntary organization", and "one may seek, or be accepted into, membership in the organization as a matter of choice." (6 Am Jur 2d, Associations and Clubs, §1). It bases on VOLUNTARY participation. Members can resign as they wish. Decisions are bound ONLY to whomever signing the agreement. To be MANDATORY, it has to get the court to declare that status as labor unions do!

I never doubt that an "unincorporated association" can be very functional, effective. It depends on its members. Responsibilities are NOT binding to the association but to individual members who sign such documents. Their signatures will hold them and them alone, individually responsible. That's the court's decision in Riss vs. Angel!

WHERE ARE SUPPORTING LEGAL DOCUMENTS ? WHO MADE THOSE CRITICAL DECISIONS ? WHEN ? The news came as a shock to me!
The CCR proclaims :	"The Association shall be a non-profit corporation under the laws of the state of Washington" (Article X, Section 1)
The Bylaws states	"The Association shall be a non-profit corporation formed under the provisions of RCW 24.03" (Article I)
The Articles of Incorporation emphasizes :	"In compliance with the requirements of the Washington Nonprofit Corporation Act (R.C.W. 24.03), the undersigned, ..... forming a Corporation not for profit . . . . . The name of the Corporation is CAMPUS GLEN HOMEOWNERS' ASSOCIATION. (Preamble and Article I)
CONSEQUENTLY :	The association CANNOT be anything else, but a nonprofit corporation governed by the RCW 24.03. Until the current "association" can legally be proved by true authorities, and its legitimate members are duly notified, there is NO Campus Glen Homeowners' Association as defined by its own governing documents and by the Washington State laws it refers to.

WHAT CAN BE DONE ?
A special meeting of the members must be called to discuss the issue and decide a solution: accept the current dissolution status of the association or pursuit of reinstallation of the association. The power to call for a special member meeting is stated in the Article III of the HOA Bylaws:

Section 2. Special Meetings. Special Meetings of the Members may be called at any time by the president or by the Board of Directors, or upon written request of the Members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A membership.