We would appreciate anyone who would share old pictures at Surfside. This would be a great place to show them.
CONTENTS:
1. INTRODUCTION..
2. EARLY DAYS.
3. OLD PICTURES.
The purposes for which this corporation is formed and the powers it shall exercise are:
1. To purchase or otherwise acquire, construct, improve, develop, repair, maintain, operate, care for and/or dispose of parkways, playgrounds, open spaces and recreational areas, tennis courts, beaches, boat landings, floats, piers, clubhouse, swimming pools, and/or swimming areas, bath-houses, places of amusement, golf courses, com-munity buildings, community clubhouses, and in general community facilities appropriate for the use and benefit of its members, and/or for the improvement and development of the property hereinafter referred to.
2. To build, improve and maintain roadways, culverts, bridges and drainage areas, canals and to provide for the improving, cleaning and sprinkling of streets, and for collection and disposal of the street sweepings, garbage, ashes, rubbish and the like; to prevent and suppress fires, to provide police protection, and to make and collect charges to cover the costs and expenses therefor.
3. To improve, light and/or maintain streets, roads, alleys, courts, walks, gateways, fences and ornamental features now existing or hereafter to be erected or created, and shelters, comfort stations, and/or buildings and improvements ordinarily appurtenant to any of the foregoing; to improve, plant and maintain grass plots and other areas, trees and plantings within the lines of the streets immediately adjoining or within the property hereinafter described or referred to.
4. To care for any lots and plots in said property, to kill, destroy, and/or remove from any of said lots and plots grass, weeds, rodents, predatory animals and any unsightly or obnoxious things: and to take any action with reference to such lots and plots as may be necessary or desirable in the opinion of the board of trustees of said corporation, to keep the property clean and in good order; to make and collect charges therefore.
5. So far as it can legally do so, grant franchises, rights of way and easements for public utilities or other purposes upon, over and/or under any of said property
9. To pay the taxes and assessments which may be levied by any public authority upon any of the said property now or hereafter used or set apart for golf courses, parks, parkways, playgrounds, open areas, tennis courts, beaches, boat landings, community clubhouses, community club buildings, places of amusement and/or recreation areas, or upon such other recreation spaces wherever situate, as may be maintained for the general benefit and use of the owners of lots in said property; to pay taxes and assessments levied by any public authority upon improvements upon any of said property or areas so used or set apart or maintained, and whether taxed or assessed as a part of said property or area or separately; and to pay taxes and assessments levied by any public authority upon any property which may be held in trust for said corporation.
The above are from our ARTICLES OF INCORPORATION amended Nov. 16, 2002.
In the beginning, Surfside owned the roads until they were turned over to the county. You can see from the above articles the association intent was broad based for a beach community. We will try to breakdown how and why changes happened. Examples of topics will be parks, water system, community buildings etc..
Larry Raymer and other historians will be contributing information. I found a lot of this information interesting and saw changes both good and bad. This history may help us focus on a common direction for our association. This is a work in progress and topics will be added as information is compiled.
2. EARLY DAYS.
Ken Karch provided the following information:
The following is from the original Articles of Incorporation, established October 28, 1965:
“…KNOW ALL MEN BY THESE PRESENTS, that we, W. Boner Bailey, Barbara P. Bailey, Arthur E. Bailey, Jr., Walter Enqvist, Jack DelGuzzi and Gordon Bennett, each being over the age of twenty-one years, and being desirous of forming a corporation under Title 24, Revised Code of Washington, relating to non-profit corporations, do hereby associate ourselves together for the purpose of forming a non-profit corporation, and do make, subscribe, execute and adopt, in triplicate, the following Articles of Incorporation…”
Ken Karch, PE
Here is an analysis I did in 2007 of the documents governing Surfside, based on what I found in a search at the SHOA office, and from personal communications from members. The following citation lists the first 4 of 10 total citations through early 2007.
"...Copies of Articles of Incorporation, Bylaws, & Covenants
1. Surfside Beach Club, Inc. By-Laws and Articles of Incorporation, Rt. 1 Box 281, Ocean Park, Washington 98640; includes Articles of Incorporation of Surfside Beach Club, Inc., dated October 28, 1965 (pages 1-12) and By-Laws of Surfside Beach Club, Inc., dated October 28, 1965 (pages 13-21)
Note: copy of Articles of Incorporation filed with Washington State Department of State at Microfilm Roll 1057, pages 166-176 on October 27, 1966.
2. Surfside Homeowners Association By-Laws and Articles of Incorporation, Box 158, Oysterville, Washington 98641; includes Articles of Incorporation of Surfside Homeowners Association (Amended Aug. 3rd, 1977), dated October 28, 1965 (pages 1-11) and By-Laws of Surfside Homeowners Association, dated October 28, 1965 (pages 12-21)
Note: copy of Articles of Incorporation Amendment filed with Washington State Department of State at Microfilm Roll 1397, pages 484-486 on August 3, 1977.
3. Surfside Homeowners Association By-Laws and Articles of Incorporation, Box 158, Oysterville, Washington 98641; includes Articles of Incorporation of Surfside Homeowners Association (Amended Sept. 3rd, 1980), dated October 28, 1965 (pages 1-13) and By-Laws of Surfside Homeowners Association, dated October 28, 1965 (pages 14-23) and Surfside Estates of Pacific County, Washington Restrictive Covenants, Revised 1981 (pages 24-41) with certification by Oren R. Richards, President, on June 15, 1981, that “these restrictive covenants were unanimously passed by resolution of the Board on June 13, 1981,” and Surfside Estates of Pacific County, Washington Architectural Committee Guidelines.
4. Surfside Homeowners Association Articles of Incorporation, By-Laws, Covenants, Architectural Guides, 31310 “H” St., Ocean Park, WA 98640; includes Articles of Incorporation of Surfside Homeowners Association (Amended May 19, 1984), dated October 28, 1965 (pages 1-13) and By-Laws of Surfside Homeowners Association, dated October 28, 1965 (pages 14-23) and Surfside Estates of Pacific County, Washington Restrictive Covenants, Revised 1981 (pages 24-41) with certification by Oren R. Richards, President, on June 15, 1981, that “these restrictive covenants were unanimously passed by resolution of the Board on June 13, 1981,” and Surfside Estates of Pacific County, Washington Architectural Committee Guidelines (pages 42-46).
.....
Notes:
1. Items 1-5 are in 3-1/2 x 6 inch “pocket” sized booklets; items 6 and 7 are 5-1/2 x 8-1/2 booklets
2. Covenants referred to in item #3 filed at County Volume 8107, pages 516-536..."
Ken Karch, PE
Posted by deltajunky to SURFSIDE CHAT at January 22, 2012 9:09 PM ..
In the 60's when Surfside was first developed there were two areas. West of the ridge was cleared land that left open sand. I recall driving into Surfside around 1965 and being able to see from the South to the North as open bare sand with the canal and piles of water pipe being installed. There were few houses and they were mostly along the ocean front with the shore only steps away. East of the ridge was a mostly forested area and was the most desirable to purchase. The Cabana at Twin Lakes (Bear Lake) was equiped with hot showers, play ground equipment and swimming facilities. These got a lot of use as these areas had mostly campers. This area was called "Beach Club". Old timers recall fun times as the campers and others gathered at the cabanas.
It is reported but not confirmed that the lots on the West side were seeded with Pine trees in an effort to make them more sellable. The outside restrooms at the business office were a part of a cabana at that sight. You will still see cement pads at Skating lake cabana and at the office by the mailbox that were used as a platform to place dumpsters for garbage. This was prior to having a compactor. All the cabana's had a dumpster to place garbage.
3. OLD PICTURES
Looking South with J Place on the left and Seabreeze lake under construction 1968
Twin Lakes Area in 1968
Compactor area is lower right & Bear Lake in the center
. Oysterville beach approach in the 1920's
26 comments:
Great post! Thanks for sharing
They say "A picture is worth a thousand words". Sure true here. Thanks Mr. Karch
Have you gotten any more pictures?? As we have been comming to the Ocean Park area for the last 60 or so years, I have a few pictures but dont know if can convert to digital. Have been a owner in surfside from early 1969 and I still love the place....
Sorry Bob. I have posted all the pictures that I have. Sure you have seen a lot of changes over the years, especially tha last few years. What hasn't changed are the mostly nice people here. We are working to keep it that way for everyone.
Bob, If you bring some with you next time your down here, I can scan them and post them here.
Here are two questions for people that live in Surfside:
Who knows the name of the person that originally started Surfside?
And what is the earliest book that anyone has of the bylaws for Surfside?
Per Linda's 1st question about the founder of Surfside, the following is from the original Articles of Incorporation, established October 28, 1965:
“…KNOW ALL MEN BY THESE PRESENTS, that we, W. Boner Bailey, Barbara P. Bailey, Arthur E. Bailey, Jr., Walter Enqvist, Jack DelGuzzi and Gordon Bennett, each being over the age of twenty-one years, and being desirous of forming a corporation under Title 24, Revised Code of Washington, relating to non-profit corporations, do hereby associate ourselves together for the purpose of forming a non-profit corporation, and do make, subscribe, execute and adopt, in triplicate, the following Articles of Incorporation…”
Ken Karch, PE
Per Linda's second question, here is an analysis I did in 2007 of the documents governing Surfside, based on what I found in a search at the SHOA office, and from personal communications from members. The following citation lists the first 4 of 10 total citations through early 2007.
"...Copies of Articles of Incorporation, Bylaws, & Covenants
1. Surfside Beach Club, Inc. By-Laws and Articles of Incorporation, Rt. 1 Box 281, Ocean Park, Washington 98640; includes Articles of Incorporation of Surfside Beach Club, Inc., dated October 28, 1965 (pages 1-12) and By-Laws of Surfside Beach Club, Inc., dated October 28, 1965 (pages 13-21)
Note: copy of Articles of Incorporation filed with Washington State Department of State at Microfilm Roll 1057, pages 166-176 on October 27, 1966.
2. Surfside Homeowners Association By-Laws and Articles of Incorporation, Box 158, Oysterville, Washington 98641; includes Articles of Incorporation of Surfside Homeowners Association (Amended Aug. 3rd, 1977), dated October 28, 1965 (pages 1-11) and By-Laws of Surfside Homeowners Association, dated October 28, 1965 (pages 12-21)
Note: copy of Articles of Incorporation Amendment filed with Washington State Department of State at Microfilm Roll 1397, pages 484-486 on August 3, 1977.
3. Surfside Homeowners Association By-Laws and Articles of Incorporation, Box 158, Oysterville, Washington 98641; includes Articles of Incorporation of Surfside Homeowners Association (Amended Sept. 3rd, 1980), dated October 28, 1965 (pages 1-13) and By-Laws of Surfside Homeowners Association, dated October 28, 1965 (pages 14-23) and Surfside Estates of Pacific County, Washington Restrictive Covenants, Revised 1981 (pages 24-41) with certification by Oren R. Richards, President, on June 15, 1981, that “these restrictive covenants were unanimously passed by resolution of the Board on June 13, 1981,” and Surfside Estates of Pacific County, Washington Architectural Committee Guidelines.
4. Surfside Homeowners Association Articles of Incorporation, By-Laws, Covenants, Architectural Guides, 31310 “H” St., Ocean Park, WA 98640; includes Articles of Incorporation of Surfside Homeowners Association (Amended May 19, 1984), dated October 28, 1965 (pages 1-13) and By-Laws of Surfside Homeowners Association, dated October 28, 1965 (pages 14-23) and Surfside Estates of Pacific County, Washington Restrictive Covenants, Revised 1981 (pages 24-41) with certification by Oren R. Richards, President, on June 15, 1981, that “these restrictive covenants were unanimously passed by resolution of the Board on June 13, 1981,” and Surfside Estates of Pacific County, Washington Architectural Committee Guidelines (pages 42-46).
.....
Notes:
1. Items 1-5 are in 3-1/2 x 6 inch “pocket” sized booklets; items 6 and 7 are 5-1/2 x 8-1/2 booklets
2. Covenants referred to in item #3 filed at County Volume 8107, pages 516-536..."
Ken Karch, PE
Thanks for the information Ken. This information has been added to the surfside history page.
Looks like a F street could be put in place, the distance out to the end of the vegetation line has moved a lot! Have any plans been made to do that. They did in Long Beach the Arch was the end of construction now it goes out at least 600 to 700 feet beyond the Arch.
I find it interesting that aerial seeding was used to drop tree seedlings along the west side to add vegetation and enhance the geography. Today those trees cause one of the biggest controversies in Surfside as those with views force those with trees to top them to preserve the views of a few. If the trees were located on public vs private land, it would be illlegal to cut them merely to preserve a view, much less pay for the cutting! Times have changed and it's time to revisit our Covenants.
Re: Trees Height
My opinion is that this covenant exceeds the powers specified in the Articles of Incorporation, which state,'...COVENANTS for the benefit of all platted parcels...'. Parcels west of the ridge bear a significant cost of tree topping and removal. The damaged topped trees have a good chance of dying, harboring disease and pests. Dead trees present more of a safety hazard from fire and wind. Contrary to the stated purpose of the HOA, the tree covenant creates two classes of parcels. A small protected class and a much larger injured class. The injured parties should join together as a class to force a change to the covenants.
The tree height covenant in its current form violates not only the By-Laws of the Association but also the Washington State Constitution.
The authority and scope of the HOA is found in RCW 64.38.
64.38.020 (12) Exercise any other powers conferred by the bylaws.
The bylaws specifically state '...RESTRICTIVE COVENANTS for the benefit of all platted parcels.'
Clearly the tree height ordinance is for the sole and exclusive benefit of selected parcels that file a complaint.
Consider RCW 64.38.020 (13):
' Exercise all other powers that may be exercised in this state by the same type of corporation as the association'
This means that not only does the association have the powers of the state but it is also limited under law as any other municipality.
The Washington State Constitution is the Supreme law of state government (and associations) second only to the United States Constitution.
The Section of the State Constitution of interest is
Section 16: Eminent Domain.
'Private property shall not be taken for private use...' and 'No private property shall be taken or damaged for public or private use without just compensation having been first made...'
There is no dispute that trees are private property. There should be no dispute that enforced topping or removal is a taking of private property.
There is only one way that the tree height covenant can be made lawful. First a finding must be made that limiting tree height is a health, safety and welfare matter. Subsequently this covenant must be applied to all trees within Surfside.
The tree height covenant in its current form is unlawful.
Yes....trees.....this was the reason we sold our lot years ago. Too much bitchin about my?? trees obscuring someone's view. I didn't even plant the dumb trees. Sounds like the feud is still going on some 25 years later. Glad I left.
We also purchased our lot 25 years ago. The seller and realtor failed to mention an hoa. Both my husband and I are in our 70s and living on S.S. We have been repeatedly harassed by Laura about our trees even though we are obviously trying to get them topped. Definitely don't appreciate her heavy handed attitude. We are seriouslying considering selling. So much for our dreams of a worry free retirement.
Sorry to hear about your retirement being made difficult by these one sided covenants. Unfortunately, there is a group of people in control that have no interest in being fair to all, and therefore no interest in changing the rules regarding tree heights. I am a person that has seriously considered buying in the area, but have decided against it, due to the poor governing of it. Good luck selling, if you decide to... The land value is suffering greatly. Wish you the best!
The HOA is making me go through considerable expense to clear my property so others have a better view. Not only has it been difficult and frustrating, but now my beautiful property is ugly. Laura is a nightmare to work with. Calling her a liar would be an understatement. She is causing all kinds of damage to our beautiful area. Peggy Olds is almost as bad. These people want to make life difficult. Shame on them.
You want NB to hear about my nightmare. My Homeowner's fee is 890 dollars VB a year. To pay Laura Frazer salary and health care benefits. What do I get out of this? Well there is a lean put on my house and yes I am felony assault 2. I don't get anything from Surfside. I'm VB innocent of all charges and I can prove it. Can anyone give me the homeowners attorney because he needs to know what is happening. My name is Alison Marschman
They have a book at the office that stated back to 1971. The original documents were filed on October 27th 1966 and I haven't been able to find too much information from 66 to 71. D lock it in
Please be sure to be zoom into the meeting on August 21st 2021 at 9:00 a.m. a big part of what's going to be conversed is the trees.
Does anyone remember the salesmen from back in the 70's and 80's?
Would you be willing to email me at ccarteen@gmail.com
I would like to discuss more of what you talked about.
You should go after the realtor, both yours and the sellers for not telling you about the hoa. It’s only been around since 1965! Both of the realtors knew about the hoa. Do some research before you buy. There are several signs, that you pass when entering Surfside no matter how you come in that say welcome to Surfside. That might be a clue about a hoa. We read the entire HOA covenants before we put in an offer. Just saying 6 p’s. Prior planning prevents piss, poor performance.
Sounds like you need to practice your 6 P’s prior planning, prevents piss, poor performance. You, like many others should have read the HOA covenants in its entirety before you purchased. Shame on you.
There is a sellers disclosure that has to be filled out by the seller. There is a section that specifically talks about HOA’S. They can check “yes, no or I don’t know” if they checked anything other than yes they lied to you. Surfside was created in 1965. Every real estate agent down here has no excuse for not knowing. You can sue them for that. Or did you just not read everything you were supposed to? Then shame on you for not reading the legal documents you were signing. It takes time but I personally read every single riveting word of things I sign, especially legal documents. The title office wasn’t happy about that but it’s your right and responsibility to do so. Maybe they had documentation you signed over your life savings or admitted to murder? Just saying you should read and understand everything that you sign?🤦♂️
Post a Comment