[This letter was reviewed and approved by our attorney for accuracy]
At the Thursday, July 25th Board of Directors Meeting, members submitted a petition to the President of the Board for the purpose of asking the membership to vote on an amendment to the Bylaws. This amendment seeks to impose caps on annual increases in dues and assessments as well as special assessments.
Per SVCA Bylaws Article II Section 2, a petition signed by 10% of the membership compels the Association to call an SGM. The signatures with the submitted petition were vetted by staff. Of the 725 submitted signatures, 65 were disqualified, leaving 660 valid signatures which is greater than the required minimum number. A Special General Meeting (SGM) has been scheduled for Saturday, September 21st at 1:00 p.m. in the Dance Barn.
Prior to receipt of the petition, the Board sought the opinion of our attorney as to the legality of the proposed bylaw amendment in light of recent amendments to the Washington Common Interest Ownership Act (“WUCIOA”). Our attorney stated, “This legislation [ESB 5334 amendment toWUCIOA] supports the notion that the Board has the power to adopt a budget and associated level of assessments that it deems to be in the best interests of the community association. It strengthens the argument that the petition for bylaw amendment is invalid. However, there is yet no case law to confirm my assessment. This remains a matter ultimately to be determined by a court.”
Therefore, members should be aware that if this measure passes, it may ultimately be found to be invalid, potentially resulting in significant legal costs to the Association and its membership.
President, Sudden Valley Board of Directors