Annual meeting minutes

Was there a motion to change the type of skylight window? THAT process should be stated in the mintues. The "discussion" is not included in the minutes, only the results.

Did the Membership vote on this - or did the board pass it at their meeting?

Insist either to see the minutes where this motion passed, or call the board on its authority to change the tpe of windows without a vote.

Thank you both for your comments.
1) The CC&R are 23 years old and do not break out the definition of a skylight, just the mention that the roof is part of the common elements.

2)The community never see minutes from a Board meeting nor are we invited--we are small. I know it is still wrong but one must pick their battles shall we say.

3)Their were 2 opening skylights in my unit, after a year fight they agreed to replace it since I could prove it was failed (air was leaking in) and just to get the thing replaced, So, I did agree that that one could be non-opening BUT NEVER the other one which supplies fresh air to the third room. In addition, I told them that their conclusion was against code--all rooms must have ventilation. Be that as it may, I would never let them change the skylight to non-opening even when I do replace the only window in the room. I sincerely feel that they cannot change the configuration of my unit which again is unique.

4)The CC&R require a 2/3 vote on any change/amendments to our documents. No vote was required or asked for.

Susan,
You see this skylight in question is original from 1989 when the units were built. When we do replace the skylights either globally or due to failure then they want to replace mine with a non-opening one.
I hope this clarification helps.

JW,
I see from reading your initial posting again you are listed you are as an HOA. Therefore I would probably discard anything I said, if you are correct.

Washington State is a long way from SC so I suppose anything is possible. I don't want to impose but I would be helped if you can describe how nine units with a common roof and skylights are handled under an HOA charter. You must have common property and maybe you have some land that goes with each unit. It is all confusing to me, but I would like to know how it is governed. I would assume you all pay the same dues each year, any special assessment would then be equal, how about taxes and insurance and property taxes, and utilities, I guess all units are alike except for the skylight. Do you have a pool or common roads or driveways. How many members on your Board, do you elect Board members? Do you know if you fall under the same state regulation that rules HOA, regardless of size.

Good luck on you quest.

JW4,

Let me post the webster definition of Condominiums:

A condominium, or condo, is a form of housing tenure and other real property where a specified part of a piece of real estate (usually of an apartment house) is individually owned while use of and access to common facilities in the piece such as hallways, heating system, elevators, exterior areas is executed under legal rights associated with the individual ownership and controlled by the association of owners that jointly represent ownership of the whole piece.

Colloquially, the term is often used to refer to the unit itself in place of the word "apartment". A condominium may be simply defined as an "apartment" that the tenant "owns" as opposed to rents.

Colloquially, we on this site refer to condominiums using the first definition above.

Whereas, we normally refer to Home Owners Association as members of the association owning individual plats of land (lots). The value of that land is usually assessed by the association in equal shares.

Since the definition of HOA and Condos really are different animals or maybe we can say that Condos could be loosely termed an HOA, we can not say an HOA can be defined as a Condo.

SC Law has two distinct entities when considering these two groups
1) HomeOwnersAssociations, and 2)Condominiums (Under the entity of the SC Horizontal Property Regime).

It would be interesting to see how Washington State separates the two, can you help us?

JW - you have not told us WHY they changed from one kind of skylight to another. Or hasnt' this happened yet. In any case, you need to see a MOTION to make the change, since this was original to your purchase and their changing it requires some official action by the board.

Your comments in the minutes will not be seen UNLESS it is part of a debate on the motion. And maybe even then, all the debate comments don't have to be in the mintues. The best thing to do is to write an offical letter, to be read at a board meeting, registering your concern about what they want to do.

JW,
Technically, I think you should be able to make a case about your skylight. Now, if you have no interest in anything except getting your own way and hiring a lawyer, I fail to see how we can help you. Like it or not, it makes no difference, you are a shareholder in this association you live in. Up to now, it appears, if they don't agree with you, you get a lawyer. In fact you have referred to (your or my) lawyer. Fine, you have that election,but you are asking for my help with the conviction I don't agree, you will fall back on your lawyer. You are saying the exact same thing about YOUR association. Why would you have to push your attorney, has he said he don't quite agree with you so you will "push" him to do what you want, if so, add him to the list of people you are asking for advice and are willing to ignore what he says. This skylight business , you have pushed into the background and it is now, do what I want or I'll sick my lawyer (push) on you.

Good Luck JW, you are also using your money to hire the lawyer and some of your money to pay your adversary. Better to sit down and have a little heart to heart with your board and find a compromise. That is true if you are in a Condo or HOA or don't know the difference.

JW4, If we consider your above reply, then the problem is not the rules, it is the Board. You mentioned two years. Two years is about the time it would take to get a bonifided recall of the Board set up. Read your documents about what is required to recall the Board. Some require no cause, only a % vote. However since you have to build support you must make sense and that means at the very least showing gross neglect or misconduct of the Board. There will probably be quidelines in you doc. Be careful and be accurate and be fair.

Of course the best way is to build support and with your support go before the board and challenge their flaws and actions and work out a deal with the goal of changing the Board through the democratic process.

WA State Condo Owners:

Washington State requires Property Managers to have a State Real Estate License if they do not own the property.

Very Important. Folks must remember that property managers have access to your association funds and must be accountable for this measure and responsibility.

RCW 18.85.011
Definitions.

(16) "Real estate brokerage services" means any of the following services offered or rendered directly or indirectly to another, or on behalf of another for compensation or the promise or expectation of compensation, or by a licensee on the licensee's own behalf:

(h) Performing property management services, which includes with no limitation: Marketing; leasing; renting; the physical, administrative, or financial maintenance of real property; or the supervision of such actions.

RCW 18.86.030
Duties of licensee.
(2) Unless otherwise agreed, a licensee owes no duty to conduct an independent inspection of the property or to conduct an independent investigation of either party's financial condition, and owes no duty to independently verify the accuracy or completeness of any statement made by either party or by any source reasonably believed by the licensee to be reliable.

You can put in your property managers name/business name to verify if they are real estate licensed

http://www.dol.wa.gov/business/checkstatus.html