PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION
The success of the community is dependent upon the support and participation of every residential owner in its governance and administration. The Declaration establishes the Association as the mechanism by which each Owner is able to provide that support and participation. While many powers and responsibilities are vested in the Association's Board of Directors, some decisions are reserved for the Association's membership — the Owners of property in the community.
Article VI The Association and its Members
6.1. Function of Association. The Association is the entity responsible for management, maintenance, operation, and control of the Areas of Common Responsibility. The Association also is the primary entity responsible for enforcement of the Governing Documents. The Association shall perform its functions in accordance with the Governing Documents, the Permits and applicable Local Jurisdiction's Ordinances, and Washington law.
6.2. Membership. Every Owner shall be a Member of the Association. There shall be only one membership per Unit. If a Unit is owned by more than one Person, all co-Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 6.3(c) and in the By-Laws, and all such co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is not a natural person may be exercised by any officer, director, member, partner, or trustee, or by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association.
6.3. Voting. The Association shall have two classes of membership, Class "A" and Class "B."
- Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall have one equal vote for each Unit in which they hold the interest required for membership under Section 6.2, except that there shall be only one vote per Unit and no vote shall be exercised for any property which is exempt from assessment under Section 8.9.
- Class "B". The Class "B" Member shall be the Declarant, or if Declarant's rights are assigned, Declarant's assignee. The Class "B" Members may appoint a majority of the members of the Board of Directors during the Class "B" Control Period, as specified in the By-Laws. Additional rights of the Class "B" Member are specified in the relevant sections of the Governing Documents. The Class "B" membership shall terminate upon the earlier of (i) five years after expiration of the Class "B" Control Period; or (ii) when, in its discretion, Declarant so determines and declares in a Recorded instrument. Upon termination of the Class "B" membership, Declarant shall be a Class "A" Member entitled to Class "A" votes for each Unit which it owns.
- Exercise of Voting Rights. Members may exercise voting rights as set forth in the By-Laws. If there is more than one Owner of such Unit, the vote for such Unit shall be exercised as the co-Owners determine among themselves and advise the Secretary of the Association in writing prior to the vote being taken. Absent such advice, the Unit's vote shall be suspended if more than one Person seeks to exercise it.
6.4. Notice. Any notice provided for in this Declaration shall be served personally or shall be mailed by surface mail, as follows, unless the Board adopts a rule allowing electronic service of notices:
- if to the Association, to the president or secretary of the Association at the principal office of the Association, or at such other address of which it has given notice in accordance with this Section, or to the registered agent of the Association, as such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof);
- if to a Property Owner, to such Owner at the address of such Owner's Unit or such other address as the Owner has registered with the Association, or such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof).
All such notices shall, for all purposes, be deemed delivered (a) upon personal delivery to the party or address specified above or (b) on the third day after mailing when mailed by first class mail, postage prepaid, and properly addressed. The Board of the Association may designate additional methods of giving notice by promulgation of rules describing the alternative methods of providing notice, including the adoption of providing notice electronically, without using surface mail, or by private parcel delivery service companies.
(Effective September 1, 2018 the following amendments to 6.4 notice applies as adopted by the board through resolution: Any notice provided for in this Declaration shall be served personally, or shall be mailed by surface mail, or by private parcel delivery service companies, or alternatively may be delivered via electronic means including but not limited to email, social media posting, or HOA website posting. All such notices shall, for all purposes, be deemed delivered (a) upon personal delivery to the party or address specified above or (b) on the third day after mailing when mailed by first class mail, postage prepaid, and properly addressed, or (c) on the date they are posted or sent electronically.)
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