Letter mailed to members...
Blog Host:
I received this letter in the US Postal mail today. I was not asked to post it, but have done so in the spirit of sharing information. I do not know how many were mailed and if they only went to a targeted group. These were sent first class postage, which would be a considerable expense. I do agree with the contents and applaud these members for their interest and effort to make Surfside a better place for all of us.
I think this letter would have been more effective and more credible if they had started with an explanation of who they are and the intent of the letter. It could compare to "anonymous" comments made on the blog. There is always more credibility and accountability with a name. Please take the time to read the second page.
NOTE: A couple of clicks on each page will enlarge the text.
22 comments:
Is there someone here who will handle my proxy? I will allow that person to complete the selections.
I plan to be at the Annual Meeting, but I will not make voting selections for someone else. You vote, or don't vote. In my opinion, each member gets one vote only (theirs). This should also apply to the Board. The proxy should only validate that you are a member. In a close election, like this may be, the Board with the present system of proxy, can swing an election to their choice. In my opinion, be an informed voter, or don't vote. I may be wrong, but that's the way I see it.
One of the first items the new board has to accomplish is to allow Mail-in voting and electronic voting. This should have been in place way before now! All that process was stopped dead in its tracks in 2018!
Please do NOT send in a blank ballot and allow a board member to vote for you.
This practice shouldn't even be allowed. It's bad enough the board is trying to control the vote by only allowing 3 selections when there are 4 vacancies.
PLEASE vote for Ronda, Larry, John or Cori ONLY!!!!!
The Board has intentionally violated our Bylaws by arbitrarily deciding to allow only 3 member votes per household, when there are FOUR vacancies. The J Place dominant block who have held most seats for a decade or more, have concerns that with 4 vacancies, they may lose their majority influence.
There's a lot of discontent with current policies, specifically heavy-handed enforcement and the terrible destruction of nearly all of the community trees. The lighting covenant has been created in secret and has not been made widely available for members to read and consider. This proposal is worse than the one rejected by the members in 2020, leaving out details, and granting the Board total authority to at any time demand owners replace exterior lights of their choosing. VOTE NO and preserve your member rights.
In violation of our Bylaws, the Board has blocked a member initiated Bylaw change that would require that there be a member vote to approve/disapprove covenant creation and changes. We will continue to pursue this change after the election, but for now, the BOT has the upper hand to make whatever covenants they wish.
VOTE and do not send Trustees vacant proxies ! Any member attending the meeting can turn in your proxy.
The current board is spending $1000s on a compliance enforcer and compliance software. And as Steve points out doing everything in their power to control, control, control. They spent no thought or $$ on improving the voting methods. OUT with the OLD ideas and IN with the NEW ideas.
VOTE for Ronda, Larry, John or (should be AND) Cori!!!
Are we sure any member attending the meeting can turn in proxies for others? Or do they have to be mailed in and with the name of the designated person who will be attending the meeting? I seem to recall someone posted that they tried to turn in ballots for their neighbors once and the ballots were not accepted. ???
They have to be mailed. Also make sure you sign and no copy's. Ballots are rejected every year for lack of the above. Even if the Board doesn't follow the rules, we do. ALSO, If your named proxy person does not attend, your vote won't be counted. This also happens. Think we need election reform? Me too.
I believe you are right in saying, only the designated person can submit the proxies of others. The proxy has a space for that designated person to be named. It is strange that proxies can be submitted to Trustees, but Trustees cannot vote by proxy. Personally, I think that makes no sense. If Trustees can take possession of member proxies, there is no assurance they won't fill out blank proxies - which IS using someone elses proxy to illegally cast the vote or votes put in that Trustees care.
Members have complained about this for years, but the BOT is unwilling to be a part of changing it. If it is written as so in the Articles of Inc., then it is essentially impossible to change. Notice that the Board just arbitrarily decided to use straight mail-in ballots last year, but now the attorney says it is illegal.
It can be more easily specified that ONLY filled-out proxies can be filed by Trustees on behalf of members, and the election attendants can assure that is so. I don't think that's currently the case though.
Agree!!! The idea that trustees can fill out BLANK ballots is absurd. ONLY filled-out proxies should be allowed.
Why can"t the office have a drop box for ballots. I can fill out my voting preferences, sign the bottom of the ballot and deposit it in a drop box. If I read the instructions correctly you can only vote by proxy or attend the meeting.
The envelope they send with the proxy ballot can be mailed to the DECC. Seems pretty close to a mail in ballot.
I'd guess the reason they don't have a drop box is so they can assure the ballots aren't tampered with. Sending them (in the enclosed envelope) directly to Janet Corey insures the integrity of those that are mailed in.
Proxy voting is established in statute for non profit corporations (Title 24 RCW). Surfside was formed under Title 24 RCW and is subject to the provisions in the statute. The board has a legal obligation to conduct election in accordance with the procedures delineated in the statute. Election reform would require legislative action. We are not allowed to make up rules as we go. Surfside’s legal counsel no doubt advises the board on how to conduct elections.
So all HOAs in Washington have to vote by proxy if they can’t attend the meeting?
The answer is yes, if the HOA’s was formed under Title 24 RCW. In 1995 the Washington state legislature passed ESHB 1471, Homeowners’ Association act, that became Chapter 64.38 RCW. The intent of this chapter is to provide consistent laws regarding the formation and legal administration of homeowners' associations. By 1995 there were many existing HOA’s in Washington, most of which were formed under the provisions of Title 24 RCW. The 1995 the HOA act did not replace Title 24. All HOA’s since 1995 have been formed under Chapter 64.38 RCW. Existing HOA’s, like Surfside are regulated by Title 24 first and Chapter 64.38 RCW second. To shed the requirements of Title 24 would be to adopt new articles of incorporation and by laws. That is very difficult, expensive and unlikely to happen. Face it folks, we are a nonprofit corporation first and an HOA second.
No one is asking to eliminate proxy voting. The Board was perfectly comfortable deciding to use basic mail-in ballots last year. Did they consult their attorney?
The member proposal is only to rewrite a Bylaw to require a vote of members following a Board held Covenant Hearing, and a requirement of member approval to enact such a change.
It is established in our Bylaws that members have the authority to change Bylaws in a pre- announced meeting, the objective having been published and outlined to all members by mail.
I think you greatly exaggerate the significance of considering changes to an HOAs procedures in elections. No one in the State government monitors departures from prescribed RCWs.
The Board is violating our covenants by only allowing 3 member votes per membership for 4 vacancies. Who will be marching to the main office to protest ? Probably no one.
But it is a serious violation of member trust, and should be corrected, postponed, ballots redone, something.
RCW 64.38 is not the latest HOA statute. The latest is RCW 64.90. It is much better. The HOA can opt in anytime they want. This place doesn't want to. I've requested they do. They ignored and rejected my request. If it's just a few, they make them out to be disgruntled troublemakers.
You can’t have it both ways. Either you follow the law, i.e. RCW and WAC, or you don’t. Legal issues are best addressed by lawyers because in the end if your advice is wrong those who listen to you will suffer the consequences. BTW, there is truth in the statement that there are no HOA police in Olympia but that does not mean you can purposely break the law with impunity. Bad advice.
Please notice RCW 64.38.010, “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.” The definition of a HOA in Washington State states that the governing documents are more important the the type of legal entity used to form the HOA. Surfside governing documents includes its articles of incorporation and bylaws. These documents are very hard to change. The effort to change will be in vain unless there is widespread support to do so. I just do not see that happening under any board.
951 - so the only option is the forest disbanded based upon the organization's failure to communicate and operate as a nonprofit corporation? That may be easier to prove than the HOA side.
Having worked with nonprofits for over 40 years, this organization does absolutely nothing in comparison to real non-profs.
It also does nothing as an HOA that benefits all members. It is a disgrace.
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