HOA Policies and Resolutions

Resolutions passed by the Ownership

Annual 3% Dues Increases

Monthly HOA dues will increase by 3% annually. Adopted by a unanimious vote at the 2009 Annual Meeting. The Board should be aware of inflation rates, and increase dues by a larger number than 3% if the Consumer Price Index for the Seattle Metro Area exceeds 3%. It is important to remember that while the CPI is a decent indicator of inflation, it underestimates the cost of professional services (including plumbing, construction, painting, etc.) consumed by HOAs by several percentage points.

Discussion of Specific Residents at Annual Meetings

If the behavior of a particular resident is to be discussed at a general meeting, the resident concerned should be present if at all possible, and if not present, should be informed as soon as possible. Adopted at the 2001 Annual Meeting

Board Policies and Interpretations

Clarification of Spending Authority in Section 11 of the Declarations

Section 11.4 of the Declarations state that if the cost of "additions, alterations, or improvements" exceed certain amounts, 51% of the ownership must approve the expenditure. Section 11.1 of the Declarations state that the Board of Directors shall "assess… common expenses to each Apartment in proportion to the Apartment's percentage of undivided interest in the common areas and facilities" for "maintenance, repair or replacement of common areas and facilities." The Board of Directors ruled in 2010, upon advice of counsel, that the Board of Directors has the sole power to authorize payment for the maintenance and repair of existing facilities, at any cost, without the need to consult the general ownership, let alone receive their approval. Per section 10.3, this determination is final and binding upon the ownership. The Board of Directors need only consult the ownership for the addition of new amenities.

Resignations

The Gayle's legal counsel has advised that Washington State law requires non-profits to have a full Board of Directors at all times. Our Bylaws require this as well, stating in Article III Paragraph 2, "Each officer shall hold office for the term of one year and until his successor shall have been elected and qualified." [Emphasis added]

As such, resignations from the Board of Directors may not be accepted until such time as a replacement can be appointed or elected. If a Director resigns and ceases meeting his/her duties and responsibilities before a replacement is appointed or elected, this will, in the judgment of the Board, constitute "wilful misfeasance in the performance of his duties" under section 17.2 of the Declarations, stripping the Director of indemnification from personal legal liability if legal action were taken against the Board as a result of his/her inaction.

Likewise, if, at an annual meeting, a new Board of Directors is not elected, the existing Board must remain as Directors until a new Board can be elected.

The only exception to this rule is in case of death, or if the Director ceases to be a member of the Association as a result of selling his/her apartment (as Directors must be elected from among Apartment owners).

Approval for Installation of New Clothes Washing Machines

The Declarations require the owners obtain written permission for the Board of Directors before installing new appliances (not for replacing existing appliances, however). To install a new clothes-washer appliance, the Board requires owners to submit a plan that meets the following criteria in order to obtain approval. These rules do not apply to existing installations, but the Board reserves the right to make existing installations meet any and all of these requirements in the future.

Vibrations and Noise:

  • Washer/dryer usage is governed by the quiet hour rules of the building. Owners are encouraged to discover their neighbors regular hours of work and run washers/dryers during those hours.
  • Your washer/dryer installation must include materials that reduce sound/vibration to the floors (and walls) of your apartment.

Mitigating water leaks

Leaks are a major cause of concern, and you are required to mitigate this when installing a washer dryer. Your washer/dryer installation must meet the following requirements

  • You must have a metal drip pan below the washer (plastic drip pans may break and are unnacceptable).
  • You must use steel-reinforced mesh lines. Use of plastic water-supply lines is prohibited.
  • You must obtain insurance that would pay for damage caused by a water leak to the unit(s) below you and provide evidence of said coverage to the Board. You must also include this as a contract requirement with a new owner when you sell your unit.

Wet-over-dry installations:

If you install a clothes washing machine in a location other than the kitchen or bathroom, you must

  • Investigate the installation of a drain below the washing machine, and have this installed if feasible. If this is not feasible, you must provide a method for water to flow into the bathroom or kitchen—including grading the flooring to insure that water would flow to that kitchen/bathroom.
  • Replace or cover the existing wood flooring with a non-permeable layer that extends onto the walls at least four inches above the floor, with a lip or other door threshold that rises at least 1/4 inch above the new flooring. Ceramic and other forms of hard tile is prefered, but linoleum is acceptable as well. All work must be properly caulked and the grout sealed

Venting:

  • The Board recommends installation of "all-in-one" or "European-style" washer/dryer combos. Installation of stand-alone electric dryers is discouraged. The Board will consider installation of venting in existing chimneys if the owner can provide written proof from a contractor that the existing chimney is only used by his apartment and can withstand the heat and vapor from the dryer. If an owner can prove this and installs venting in the chimney, the chimney will become a part of the apartment, not a common area. The owner would be liable for any and all damage caused if the contractor's assessment was incorrect.
  • The Board will not approve installation of new vents in the building brickwork or windows.

Gas Dryers:

  • Installation of gas dryers is prohibited, as gas bills are shared by all owners.
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