Process for Addressing Covenant Compliance Complaints
(click here for all bylaws–see Article IV, section 6)
The first step is to fill out and mail the petition to the Board.
The following describes how this process evolved:
In 1995, the Washington State Legislature recognized that there was no statutory law that specifically addressed the organization, management, and powers of homeowners’ associations. RCW 64.38 was passed to address these issues.
The RCW describes association powers, including ” … 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”.
To be able to use this power, the Board worked with Club counsel, Peter Eglick, in developing this amendment to the bylaws to incorporate covenant enforcement, including a hearing process and implementation of fines for non-compliance. Eglick provided an opinion on the Authority to Levy Fines for Violations.
The covenant enforcement process is similar to what Judge Ellington recommended at the conclusion of Special Master rulings in 1992. It addresses the importance of our protective covenants expressed in the survey of 2002.