Compton Green News
The board of directors refuse to provide the dates and minutes when they adopted the Rules and Regulations.
Washington State has a Homeowners' Association law, RCW 64.38 which was passed by the entire Washington State Legislature in 1995. The primary purpose was to put in place laws which would protect individual property owners from an associations discriminatory, biased and abusive conduct towards individual property owners. Below you will find the specific laws in which the current board of directors are in violation of with specific instances to that effect. We are committed to protecting individual property owners from the abusive acts of alleged board of directors of Compton Green Homeowners Association. They must be held to abide by the law and the by-laws which govern their conduct and procedures. After the Laws which govern Homeowners' Associations you will find recent correspondence and information regarding the implementation and the issues which relate to fining a property owner which may be in violation of the covenants.
Chapter 64.38 RCW
64.38.015 Association membership.
64.38.020 Association powers.
64.38.025 Board of directors -- Standard of care -- Restrictions -- Budget -- Removal from board.
64.38.030 Association bylaws.
64.38.033 Flag of the United States -- Outdoor display -- Governing documents.
64.38.035 Association meetings -- Notice -- Board of directors.
64.38.040 Quorum for meeting.
64.38.045 Financial and other records -- Property of association -- Copies -- Examination -- Annual financial statement -- Accounts.
64.38.050 Violation -- Remedy -- Attorneys' fees.
Speed enforcement: RCW 46.61.419.
The intent of this chapter is to provide consistent laws regarding the formation and legal administration of homeowners' associations.
[1995 c 283 § 1.]
For purposes of this chapter:
(1) "Homeowners' association" or "association" means a corporation, unincorporated association, or other legal entity, each member of which is an owner of residential real property located within the association's jurisdiction, as described in the governing documents, and by virtue of membership or ownership of property is obligated to pay real property taxes, insurance premiums, maintenance costs, or for improvement of real property other than that which is owned by the member. "Homeowners' association" does not mean an association created under chapter 64.32 or 64.34 RCW.
(2) "Governing documents" means the articles of incorporation, bylaws, plat, declaration of covenants, conditions, and restrictions, rules and regulations of the association, or other written instrument by which the association has the authority to exercise any of the powers provided for in this chapter or to manage, maintain, or otherwise affect the property under its jurisdiction.
(3) "Board of directors" or "board" means the body, regardless of name, with primary authority to manage the affairs of the association.
(4) "Common areas" means property owned, or otherwise maintained, repaired or administered by the association.
(5) "Common expense" means the costs incurred by the association to exercise any of the powers provided for in this chapter.
(6) "Residential real property" means any real property, the use of which is limited by law, covenant or otherwise to primarily residential or recreational purposes.
[1995 c 283 § 2.]
The membership of an association at all times shall consist exclusively of the owners of all real property over which the association has jurisdiction, both developed and undeveloped.
[1995 c 283 § 3.]
Unless otherwise provided in the governing documents, an association may:
(1) Adopt and amend bylaws, rules, and regulations;
(2) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from owners;
(3) Hire and discharge or contract with managing agents and other employees, agents, and independent contractors;
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more owners on matters affecting the homeowners' association, but not on behalf of owners involved in disputes that are not the responsibility of the association;
(5) Make contracts and incur liabilities;
(6) Regulate the use, maintenance, repair, replacement, and modification of common areas;
(7) Cause additional improvements to be made as a part of the common areas;
(8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property;
(9) Grant easements, leases, licenses, and concessions through or over the common areas and petition for or consent to the vacation of streets and alleys;
(10) Impose and collect any payments, fees, or charges for the use, rental, or operation of the common areas;
(11) Impose and collect charges for late payments of assessments and, after notice and 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, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association;
(12) Exercise any other powers conferred by the bylaws;
(13) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and
(14) Exercise any other powers necessary and proper for the governance and operation of the association.
[1995 c 283 § 4.]
Speed enforcement: RCW 46.61.419.
Board of directors -- Standard of care -- Restrictions -- Budget -- Removal from board.
(1) Except as provided in the association's governing documents or this chapter, the board of directors shall act in all instances on behalf of the association. In the performance of their duties, the officers and members of the board of directors shall exercise the degree of care and loyalty required of an officer or director of a corporation organized under chapter 24.03 RCW.
(2) The board of directors shall not act on behalf of the association to amend the articles of incorporation, to take any action that requires the vote or approval of the owners, to terminate the association, to elect members of the board of directors, or to determine the qualifications, powers, and duties, or terms of office of members of the board of directors; but the board of directors may fill vacancies in its membership of the unexpired portion of any term.
(3) Within thirty days after adoption by the board of directors of any proposed regular or special budget of the association, the board shall set a date for a meeting of the owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting the owners of a majority of the votes in the association are allocated or any larger percentage specified in the governing documents reject the budget, in person or by proxy, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the owners ratify a subsequent budget proposed by the board of directors.
(4) The owners by a majority vote of the voting power in the association present, in person or by proxy, and entitled to vote at any meeting of the owners at which a quorum is present, may remove any member of the board of directors with or without cause.
[1995 c 283 § 5.]
Unless provided for in the governing documents, the bylaws of the association shall provide for:
(1) The number, qualifications, powers and duties, terms of office, and manner of electing and removing the board of directors and officers and filling vacancies;
(2) Election by the board of directors of the officers of the association as the bylaws specify;
(3) Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent;
(4) Which of its officers may prepare, execute, certify, and record amendments to the governing documents on behalf of the association;
(5) The method of amending the bylaws; and
(6) Subject to the provisions of the governing documents, any other matters the association deems necessary and appropriate.
[1995 c 283 § 6.]
Flag of the United States -- Outdoor display -- Governing documents.
(1) The governing documents may not prohibit the outdoor display of the flag of the United States by an owner or resident on the owner's or resident's property if the flag is displayed in a manner consistent with federal flag display law, 4 U.S.C. Sec. 1 et seq. The governing documents may include reasonable rules and regulations, consistent with 4 U.S.C. Sec. 1 et seq., regarding the placement and manner of display of the flag of the United States.
(2) The governing documents may not prohibit the installation of a flagpole for the display of the flag of the United States. The governing documents may include reasonable rules and regulations regarding the location and the size of the flagpole.
(3) For purposes of this section, "flag of the United States" means the flag of the United States as defined in federal flag display law, 4 U.S.C. Sec. 1 et seq., that is made of fabric, cloth, or paper and that is displayed from a staff or flagpole or in a window. For purposes of this section, "flag of the United States" does not mean a flag depiction or emblem made of lights, paint, roofing, siding, paving materials, flora, or balloons, or of any similar building, landscaping, or decorative component.
(4) The provisions of this section shall be construed to apply retroactively to any governing documents in effect on June 10, 2004. Any provision in a governing document in effect on June 10, 2004, that is inconsistent with this section shall be void and unenforceable.
[2004 c 169 § 1.]
Association meetings -- Notice -- Board of directors.
(1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by owners having ten percent of the votes in the association. Not less than fourteen nor more than sixty days in advance of any meeting, the secretary or other officers specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner. The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the board of directors for a vote by the owners, including the general nature of any proposed amendment to the articles of incorporation, bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a director.
(2) Except as provided in this subsection, all meetings of the board of directors shall be open for observation by all owners of record and their authorized agents. The board of directors shall keep minutes of all actions taken by the board, which shall be available to all owners. Upon the affirmative vote in open meeting to assemble in closed session, the board of directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the association, and matters involving the possible liability of an owner to the association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes. The board of directors shall restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the board of directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure.
[1995 c 283 § 7.]
Quorum for meeting.
Unless the governing documents specify a different percentage, a quorum is present throughout any meeting of the association if the owners to which thirty-four percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting.
[1995 c 283 § 8.]
Financial and other records -- Property of association -- Copies -- Examination -- Annual financial statement -- Accounts.
(1) The association or its managing agent shall keep financial and other records sufficiently detailed to enable the association to fully declare to each owner the true statement of its financial status. All financial and other records of the association, including but not limited to checks, bank records, and invoices, in whatever form they are kept, are the property of the association. Each association managing agent shall turn over all original books and records to the association immediately upon termination of the management relationship with the association, or upon such other demand as is made by the board of directors. An association managing agent is entitled to keep copies of association records. All records which the managing agent has turned over to the association shall be made reasonably available for the examination and copying by the managing agent.
(2) All records of the association, including the names and addresses of owners and other occupants of the lots, shall be available for examination by all owners, holders of mortgages on the lots, and their respective authorized agents on reasonable advance notice during normal working hours at the offices of the association or its managing agent. The association shall not release the unlisted telephone number of any owner. The association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the association in providing access to records.
(3) At least annually, the association shall prepare, or cause to be prepared, a financial statement of the association. The financial statements of associations with annual assessments of fifty thousand dollars or more shall be audited at least annually by an independent certified public accountant, but the audit may be waived if sixty-seven percent of the votes cast by owners, in person or by proxy, at a meeting of the association at which a quorum is present, vote each year to waive the audit.
(4) The funds of the association shall be kept in accounts in the name of the association and shall not be commingled with the funds of any other association, nor with the funds of any manager of the association or any other person responsible for the custody of such funds.
[1995 c 283 § 9.]
Violation -- Remedy -- Attorneys' fees.
Any violation of the provisions of this chapter entitles an aggrieved party to any remedy provided by law or in equity. The court, in an appropriate case, may award reasonable attorneys' fees to the prevailing party.
[1995 c 283 § 10.]
Below here are recent letters and correspondence and an offer of settlement and compromise. Because there is doubt the board of directors will provide this to you it has been posted here.
Before you begin your journey through the following important documents and correspondence to understand what’s happening in Compton Green take a moment and reflect on the age old saying:
“THOSE LIVING IN GLASS HOUSE SHALL NOT THROW STONES”
The point being, in Compton Green, there is an unfortunate situation where those who are in violation of the covenants, by-laws and other rules, disregard their own violations while they throw stones at others. Of the five board members, at least three are in violation of the covenants, by-laws and other rules and all five are in violation of state law RCW 64.38. Then there are at least the 70% of property owners who are in violation of the covenants. Is your property in FULL compliance with the covenants and the law? Review the covenants and ask yourself, truthfully; Is my property in FULL compliance? For example, take a look at the screening easement provision and ask yourself do you have a structure built in that easement and/or do you continuously maintain the shrubbery and other plantings within such screening areas? Many, many properties are in violation of this covenant. Is your neighbor in violation of that covenant? Are they blocking the dedicated trail easements? Most of you have to say yes to that truth. How about the improvements you made to your property? Did you submit plans and get approval? Many of you, actually most of you must say “no I/you did not." So how can the board of directors with the support of the members go after any single property owner? How can 70% of the violators ask the board to enforce against just one property owner? It doesn’t seem possible and we support against any such notion.
We understand that most of the below reading may be a dry experience (it should take only about 15 minutes), however the board of directors and the alleged association attorney are spending enormous amounts of your money on these issues. If you have questions or comments please click on the “COMMENTS” above and be assured they will be held in confidence.
JULIN & McBRIDE, P.S.
AXEL C. JULIN (1980) Attorneys at law
16088 NE 85th Street
M. KATHRINE JULIN
Redmond, Washington 98052-3530
JAMES D. McBRIDE, SR.
BRIAN J. DORSEY LAURENCE E MASON*
* Of Counsel
FAX: (425) 885-4442
PHONE: (425) 885-4066
September 14, 2008
Mr. Joshua Rosenstein Sent via facsimile:
Hanson Baker Ludlow Drumheller, P.S. (425) 454-3374
300 Surrey Building
10777 Main Street
Bellevue, WA 98004-5963
Re: MEMBER / Compton Green Homeowners Association
Dear Mr. Rosenstein:
This letter is in response to your letter dated April 19, 2005, threatening to impose an expanded lien upon the MEMBERS’ property for various fines and charges alleged by the Compton Green Homeowners Association (“Association”) in response to the MEMBERS’ inquiry regarding a payoff on the existing liens of record relating to past due assessments.
At the outset, it is our understanding that Mr. MEMBER has submitted a specific request for payoff on those existing liens filed by the Association (and which are not otherwise barred by the statute of limitations), and that the Association is obligated to provide that information. We further understand your letter to concede that the Association is barred from seeking collection or enforcement of those assessments which are more than six years past due and, thus, that the liens pertaining thereto are no longer valid. Accordingly, we expect that these liens will be immediately released by the Association.
Accordingly, this letter addresses the propriety of the Association’s threatened “new” lien for alleged fines and interest claimed by the Association as set forth in your letter. Based on our review of the “Declaration of Protective Covenants, Restrictions, Easements and Agreements with Respect to the Plat of Compton Green” (hereinafter “Covenants”), we find no authority for the Association to impose a lien against the real property of a lot owner to secure payment of fines. Rather, Article II of the Covenants merely provides for the right to assert a lien to secure those annual and special charges, dues and assessments as may be fixed and assessed by the Board of Trustees of the Association.
Furthermore, while we are aware of the Association’s amendment to Article VI of the Covenants adopted in September 2000, providing for the levying of fines, there is nothing contained therein which authorizes the imposition of liens against an owner’s real property for the purpose of securing payment of such fines. Rather, Section 3 of that amendment merely authorizes the Association, in pertinent part, to do the following:
(a) To enjoin, abate, or remedy such thing or condition by appropriate legal proceedings, including but not limited to foreclosure of liens, restraining order or injunction, and/or an action for recovery of damages, including incidental and/or consequential damages and attorney’s fees and costs; or
(b) To levy reasonable fines.
(See Amendment, Section 3(a) and (b)).
As set forth above, the only lien provided for under the Covenants is that lien for charges, dues and assessments in Article II (which does not encompass fines nor would it as the authority to impose fines was not adopted until September 2000). Accordingly, while we do not dispute the authority of the Association to foreclose those liens otherwise provided for in the Covenants, there is no provision imposing or otherwise creating a lien pertaining to fines.
In stating the above, we are also aware that the Board of Trustees subsequently purported to adopt “Rules and Regulations Regarding Imposition of Fines” which does contain a statement as follows: “Fines shall be a lien against an owner’s lot. (Section VI.5)” (See Rules and Regulations Regarding Imposition of Fines, pg. 2, Section 5). Notwithstanding the apparent lack of any notice or formal board meeting to consider or approve the stated Rulers and Regulations, a review of Section VI.5 of the Covenants (as amended) contains no authority for the Board to impose a lien upon a lot owner’s property for fines. Rather, it merely authorizes the award of costs and reasonable attorney’s fees in any legal proceeding.
Clearly, the Board cannot unilaterally empower itself to impose liens upon a lot owner’s property through the adoption of Rules and Regulations which are not otherwise authorized in the Covenants. Likewise, there is no statutory or common law authority to assert a lien against real property for such purpose. Accordingly, should the Association proceed with filing such a lien it will constitute an attempt to assert an invalid common law lien. Thus, if the Association proceeds with this course of action we will seek statutory attorney’s fees and costs as provided in RCW 60.70.060 for removal of the same.
In addition, as you know the MEMBERS requested the payoffs (and we previously requested that you file Satisfactions of Judgments as to those judgments paid by the MEMBERS in the previous action), in order to permit a pending refinance of the MEMBERS’ property to proceed. We can only assume from the timing of your letter that the Association is intentionally interfering with the MEMBERS’ ability to obtain their refinancing as a way of further frustrating and interfering with the MEMBERS’ use of their property. Accordingly, if the lien is filed and causes a further delay in the MEMBERS’ refinancing, we will also seek damages based upon tortious interference with business dealings pertaining to any increase in the interest rate charged to the MEMBERS due to any delay in this matter.
Lastly, the MEMBERS further advise that the Board violated its own procedures in this matter regarding issuing a final determination. Specifically, the MEMBERS’ received a single notice of violation dated February 23, 2004, alleging that their fence was in violation of the covenants. By letter dated February 27, 2004, the MEMBERS submitted a written response contesting the Board’s failure to comply with appropriate notice and procedural requirements for issuance of the notice of violation, and that the Association had waived and otherwise abandoned enforcement of the Covenants as it relates to requiring Architectural Control Committee review of fences.
In accordance with Section 4 of the September 2000 Amendment, the effective date of a proposed fine is “stayed” when a lot owner submits an oral or written response to the Board. In the present case, the MEMBERS submitted their response without requesting a Review Panel in the hopes that the Board would address their concerns. In accordance therewith, the Board was required to: “. . . consider the substance of the lot owner’s response and make a final determination regarding the Association’s action.” (See Rules and regulations Regarding Imposition of Fines, Section 7.1.)
Rather than issue any final determination addressing the substantive issues raised in the MEMBERS’ response, the Board simply re-issued the Notice of Violation (dated 4/22/04) referencing the prior Notice of Violation dated 2/23/04 and striking out the appeal provisions. Clearly, this is not sufficient to comply with the Board’s own procedures as the MEMBERS have been denied any opportunity to seek review of the Board’s final determination on the original notice of violation in the absence of the Board issuing one.
For present purposes we would ask the Association to address the liens of record and respond to the MEMBERS’ request for a payoff of these liens. Thereafter, if the Association wishes to discuss the validity or propriety of the fines alleged, we would be happy to meet with you to discuss the same.
In the interim, if you have any questions regarding the above, please do not hesitate to call me.
Very truly yours,
Brian J. Dorsey
April 24, 2005
Compton Green Homeowners'Association
P.O. Box 70067
Bellevue, WA 98007
To whom it may concern:
I am in receipt of the enclosed letter dated 4-22-05 and the attached Notice of Violation.
In regard to the Notice of Violation;
RCW 64.38.035(2) states; “No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the board of directors, following the closed session, reconvenes in open meeting and votes in open meeting on such motion, or other action which is reasonably identified”.
RCW 64.38.035(2) states; Except as provided in this subsection, all meetings of the board of directors shall be open for observation and their authorized agents. The board shall keep minutes of all actions taken by the board which shall be available to all owners. Upon the affirmative vote in open meeting to assemble in closed session, the board of directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the association, and matters involving the possible liability of an owner to the association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes.
RCW 64.38.035(1) states; Not less than fourteen nor more than sixty days in advance of any meeting, the secretary or other officers specified in the by-laws shall cause to be hand-delivered or sent prepaid by first class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner. The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the board of directors for a vote by the owners, including the general nature of any proposed amendment to the article of incorporation, by-laws, any budget or changes in the previously adopted budget that result in a change in assessment obligation, and any proposal to remove a director.
I am not aware of any notice to the members of the association, which gave notice to the association members that the board of directors were convening to discuss the issue of any violation of the governing documents by any member of the association let alone us. Absent such notice of meeting to the members of the association, any meeting of the board of directors in which the board of directors meets and discusses personnel matters, consults with legal counsel or considers communications with legal counsel; and discusses likely or pending litigation, matters involving possible violations of the governing documents of the association, and matters involving the possible liability of an owner to the association, adopts or passes or agrees to any action is ineffective.
In response to the unsigned notice of violation, which we received in February 2004, we immediately communicated to the association asking for the required notices of meetings to the association members and meeting minutes of the meeting in which such notice of violation was adopted, passed and voted upon. We not only did not receive any of the requested documents to support the validity of the Notice of Violation we received no communications from the association whatsoever in that regard. We stated in our letter that anyone could have created the notice and we requested supporting documentation to support that the notice actually came from an authorized board of directors meeting. Our letter was ignored. We have made another request for that information in our letter dated 4-22-05 and sent certified mail to the association address.
Regards to the interest rate charges;
Although I recall discussions regarding an interest increase from 6.5% to 12% I am not aware of any proper amendment which was properly put before the association members for a vote. We are asking that the association records manager provide (1) the notice to the members with the agenda item for a rate increase, (2) the meeting minutes which support the association voted upon and approved such interest rate increase, (3) the attendance sheet and all proxy votes which support all votes tendered and counted, (4) the amendment which signed as approved by the association the interest rate increase.
Notwithstanding the above, the letter of 4-22-05 from Rosenstein, appears to state that all assessments prior to July 31, 2000 accrue interest at a rate of 6.5% and all assessments subsequent to 7-31-00 accrue interest at a rate of 12%. Because the board of directors has refused to make the calculations as we requested, to ensure accuracy, I will calculate the interest and provide the recording fee and legal fee on each lien accordingly and submit them to the association for approval. My initial calculations of the total interest charges, as not detailed on the statement as it was provided by Rosenstein, did not calculate out to $786.80. Our calculations totals $256.87.
Regards to legal fees charges;
We dispute that there are any legal charges which can be included in the liens payoffs other than the recording fees and legal fees which are part of the statement which was provided by Rosenstein. Recording fees total $91 and the legal fees total $375. We have no idea where the additional $800 comes from.
Regards to the $800 of legal fees:
First, we are asking the association to detail these legal fees by providing copies of all invoices from Rosenstein and Nylander for the total period of their employment. We request the $800 be detailed in those provided invoices. RCW 64.38.045(1) states; The association or its managing agent shall keep financial and other records sufficiently detailed to enable the association to fully declare to each owner the true statement of its financial status. All financial and other records of the association, including but not limited to checks, bank records, and invoices, in whatever form they are kept are the property of the association and (2) All records of the association, including the names and addresses of owners and other occupants of the lots, shall be available for examination by all owners, holders of mortgages on the lots and their respective authorized agents on reasonable advance notice during normal working hours at the offices of the association or it’s managing agent.
We cannot understand why the association incurred legal fees of over $800 or for that matter need to contact legal counsel in the first place. RCW 64.38.035 (2) prohibits communications and consultation with legal counsel unless the board of directors specifically follows the law as outline in RCW 64.38.035(2) which specifically states; Upon the affirmative vote in an open meeting to assemble in closed session, the board of directors may convene in closed executive session to consider personnel matters can the board of directors; consult with legal counsel or consider communications with legal counsel. This section of RCW 64.38.035(2) is specifically designed to prevent the type of activity and abuse by the board of directors and an attorney to drive up legal fees of an association for which each member would be obligated to pay equally. It makes complete sense. An attorney will take all the fees that you want to give him. In an association though, governed by RCW 64.38, the board of directors are strictly limited by law with strict procedures put in place to prevent unauthorized legal fees from being accrued. If you as a board need to discuss anything with legal counsel you need to come to the membership and get permission or at the very least explain through a motion why you need to incur the costs on behalf of the association. You can’t just be a board who spends association funds without permission to do so. The strict law of RCW 64.38 makes complete sense.
We want to be clear only because the board of directors refuse to speak or communicate with us, even at meetings in which we have been invited to, have we sent our communications to Rosenstein and/or Nylander. The Board of directors refuse our correspondence and return them refused delivery and have not responded in most part to our correspondence which we have sent to the association address. Therefore we adopted the procedure to send copies to Rosenstein and Nylander because, we assume, they would have the duty to pass them on to the board of directors and therefore we would have some assurance our correspondence was received by the association. It’s not the way we want to do it and we are sure that you as a board communicate with many others in the community. It’s not our fault that you take the position that you have and forced us into the position to communicate the way we do. We would much rather have the open noticed meetings in which we have an opportunity to speak and communicate.
Enclosed are copies of the lien payoff notices with totals as we have calculated. Without a reply disputing our calculations we will submit them to escrow along with this letter that will provide proof that we have attempted in good faith to have the association complete its obligations to provide detailed payoff amounts for the liens as we requested.
For convenience and to expedite the payoff of the liens to the association they can be faxed to me at 425-881-0160 and mail the originals by US mail.