bayview home

---

Minutes of Special Meeting
Of the
Bayview Board of Directors

 

Date:  April  05,  2005

 

Place:  Office of Bill Broughton, Attorney At Law, Silverdale, Washington

 

Purpose:  Discuss problems of the Governing Documents for Bayview Villages 1, 2, & 3

 

Start of Meeting:  3:00 p.m.

 

Attendance:  Richard Rozzell, Bob Azen, Nancy Kragh, Carol Franznick, and Bill Broughton

 

First topic of discussion was regarding Bayview Village Phase 3 and the governing documents of that village.  A discussion about whether or not Master CC&R’s had been recorded against this village and the Supplemental CC&R’s that were recorded with the annexation filing were in fact properly done.  Bill stated that in order for a Supplemental CC&R to be recorded and valid a Master document would have had to be recorded and since no Master CC&R document was recorded against Bayview 3, the Supplemental CC&R is very questionable as well.  Bill likened recording to that of recording an amendment to a document without ever recording the original document you are amending.  Because of this Phase 3 is not subject to the Master CC&R’s or ARC .  There is nothing in the Supplemental CC&R’s that even mention ARC rules, if it were valid.

 

Second topic of discussion was regarding SBCA problems as they relate to Bayview Village.  Bayview 1 is recorded under one set of Master CC&R’s (324010) and Bayview 2 is recorded to a second set of Master CC&R‘s (325175) and Bayview 3 was never recorded to any Master CC&R.
We cannot reform our three villages to any of the Master CC&R’s at the present time until SBCA makes a decision on which document they are going to reform to if they ever decide to do a reformation action. 

 

The next topic of discussion was how to best get the information out to our entire village.  We have considered a video tape of how reformation works and the progress it would go through to reform all our governing documents into one single Supplemental CC&R valid for all three villages, but do not know if this is the best approach or not.  Second just drafting a document outlining all our problems and include how is the best way to fix the problems and approximately how much it will cost us.  Our attorney would review this before being released to our members.  Which ever approach we take, we need to do this quickly in order to be able to place on our annual ballot a resolution for our members to vote on whether or not they believe we should do a reformation action.

 

The last subject of discussion regarded the situation of the SBCA ARC filing a lawsuit against a homeowner for a violation of their rules and the homeowner won a ruling that the CC&R and ARC are invalid.  Bill stated that would not be a good situation for the whole village and no reformation action could be taken at that point.