Dues and assessments
The members of the Community Club shall be liable for the payment of such annual dues as may from time to time be fixed and levied by the Board of Directors pursuant to the Articles of Incorporation and these Bylaws and subject to the provisions of said Articles and Bylaws. The initial membership fees, and all subsequent maximum annual dues levied upon a member shall not exceed in any one year the sum of $300 per lot as originally platted, annually adjusted (up or down) in accordance with the Seattle-Tacoma-Bremerton Average CPI, as registered for the September period each year (base year established as 1992); and shall not be increased unless authorized by the majority vote of the membership present at any meeting of the Community Club, but such annual dues may be decreased or increased within the aforesaid limit by the Board of Directors. If a special meeting is called for the purpose of raising the annual dues, such notice must set forth the fact that the annual dues will be the subject of a vote.
Dues against members or the land owned or being purchased by them shall be levied by the Board of Directors on an equitable basis without distinction or preference of any kind, except that in cases where a member uses two (2) or more contiguous lots as a single building site, dues (only) may be levied at the Board's discretion on only one lot. This exception may be granted only if the use is within the Board's published guidelines (Section 6) and after the dwelling is completed. All dues, when collected by the Community Club, shall remain the property of the members until such time as they are expended pursuant to the Articles of Incorporation and Bylaws of the Community Club. All dues, assessments, interest, fines, penalties and other payments due the Community Club shall be payable in U.S. funds or their equivalent.
Dues shall be levied for a one-year period commencing 1 January ending on 31 December. Dues shall be due on a semi-annual basis, with one-half due on 1 January and becoming delinquent on 1 February, and the second half due on 1 June and becoming delinquent on 1 July. Only the delinquent portion shall be subject to a late fee of 10% per annum compounded monthly and each member is herewith so notified regardless of the mailing of a dues notice or notices of interest charges.
From time to time, as and when any such dues, assessments, charges, interest, fines, or penalties are levied, each member with respect to the land or interests therein to which his membership is appurtenant shall pay the amount of such dues, assessments, charges, interest, fines or penalties against the same to the Community Club, at its office within thirty days after the mailing of the notice of such dues, assessments, charges, interest, fines or penalties to the members. The amount of such dues, assessments, charges, interest, fines or penalties, together with all expenses, attorney fees and costs reasonably incurred in enforcing the same, shall be paid by the member and shall be a lien upon said land and the membership appurtenant thereto, superior to any and all other liens created or permitted by the owner of such land and enforceable by foreclosure proceedings in the manner provided by law for foreclosure of mortgages upon land; provided, that no proceedings for the foreclosure of any said liens, as provided in Section 4.5., shall be commenced except upon the expiration of four months from and after the date of mailing of said notice of dues, assessments, charges, interest, fines or penalties.
At any meeting of the membership a majority of the members present may vote special assessments to finance any improvement project, emergency repair, general upkeep, or other desired expenditure. The purpose of an assessment must be clearly stated, be for one single purpose, carry an exact cost limitation, list the proportionate maximum cost to each lot, state the duration the assessment is to run, give the date the assessment becomes due and payable, and set forth any limitations or other instructions to govern the expenditure of the funds so authorized to be collected and disbursed. All assessments voted by the membership under this section are to be levied in addition to the annual dues as set forth in 22.214.171.124. If a special meeting is called for the purpose of voting a special assessment, such notice must set forth the fact that an assessment will be the subject of a vote. In addition to annual dues and/or assessments levied against all lots, the Board of Directors shall have the power to levy charges against any lot or lots for services actually supplied or rendered, including water.
The Community Club or its managing agent shall keep financial and other records sufficiently detailed to enable the Community Club to fully declare to each owner the true statement of its financial status. All financial and other records of the Community Club, including but not limited to checks, bank records and invoices, in whatever form they are kept, are the property of the Community Club. Each Community Club managing agent shall turn over all original books and records to the Community Club immediately upon termination of the management relationship with the Community Club, or upon such other demand as is made by the board of directors. A Community Club managing agent is entitled to keep copies of Community Club records. All records which the managing agent has turned over to the Community Club shall be made reasonably available for the examination and copying by the managing agent.
All records of the Community Club, including the names and addresses of owners and other occupants of the lots, shall be available for examination by all owners, holders of mortgages on the lots and their respective authorized agents on reasonable advance notice during normal working hours at the office of the Community Club or its managing agent. The Community Club shall not release the unlisted telephone number of any owner. The Community Club may impose and collect a reasonable charge for copies and any reasonable costs incurred by the Community Club in providing access to records.
At least annually, the Community Club shall prepare, or cause to be prepared, a financial statement of the Community Club and shall be audited at least annually by an independent certified public accountant, but the audit may be waived if sixty-seven percent of the votes cast by owners, in person, or by proxy, at a meeting of the Community Club at which a quorum is present, vote each year to waive the audit.
Within thirty days after adoption by the Board of Directors of any proposed regular or special budget of the Community Club, the board shall set a date for a meeting of the owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, the owners of a majority of the votes in the Community Club are allocated or any larger percentage specified in the governing documents reject the budget, in person, or by proxy, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the owners ratify a subsequent budget proposed by the board of directors.
The board may elect to conduct budget ratification by absentee ballot. When conducting budget ratification by absentee ballot a meeting of the membership is not required. A budget ballot shall address the topic of budget ratification only. Polling shall conform to the absentee ballot procedure outlined in Bylaw 126.96.36.199.(2).