CONTINENTAL CONDOMINIUMS HOMOWNERS ASSOCIATION BYLAWS
Table of Contents with Preamble
ARTICLE 1. OBJECT AND DEFINITIONS:
ARTICLE 2. MEMBERSHIP, VOTING. MEETINGS AND ADMINISTRATIION:
2.1 Form of Association.
2.1.1 Membership Qualification.
2.1.2 Transfer of Membership.
2.1.3.A Number of Votes.
2.1.3.B Voting Owner.
2.1.3.C Joint Owner Disputes.
2.1.3.D Pledged Votes.
2.1.4 Meetings, Audits, Notices of Meetings.
2.1.4.A Annual Meetings, Audits.
2.1.4.B Ratification of Budget. (RCW 92)
2.1.4.C Special Meetings.
2.2 Bylaws of Association.
2.2.1 Adoption of Bylaws.
2.2.2 Additional Administrative Provisions.
2.2.2.A Majority of Owners.
2.2.2.D VOTING BY MAIL.
a) Election of Board members.
b) In case of any other matters.
c) Delivery of Vote.
2.2.2.E Adjourned Meeting.
2.2.2.F Order of Business.
2.3 Membership Committees.
2.3.1 Four Standing Committees.
2.3.2 SOCIAL COMMITTEE.
2.3.3 RULES and STANDARDS COMMITTEE.
2.3.3.A Formulate the Rules.
2.3.3.B Adopt and Post.
2.3.3.C Adopted by the Board.
2.3.4 GROUNDS and SECURITY COMMITTEE.
2.3.4.B Report to the Board.
2.3.5 ORIENTATION COMMITTEE.
2.3.5.A Sign Necessary Agreements.
2.3.5.B Appeal to the Board.
2.3.6.A Hearing Panel.
2.3.6.B Conflict of Interest.
2.3.6.C Board Consideration.
2.3.6.E Referred to Board.
2.3.6.F Petition for Objections.
2.3.6.G Ratified by the board.
2.4 TEMPORARY COMMITTEES.
2.4.1 Nominating Committee & Auditing Committee.
ARTICLE 3. MANAGEMENT OF CONDOMINIUM.
3.1 In General.
3.2 Additional Provisions Regarding Board
3.2.1 Election and Term of Office.
3.2.1.A Seven Directors of 1985/Terms.
3.2.2 VACANCIES. (AMENDED 1993)
3.2.3 Removal of Board Members.
3.2.4 Organization Meeting.
3.2.5 Regular Meetings.
3.2.6 Special Meetings.
3.2.7 Waiver of Notice.
3.2.9 Fidelity Bonds.
3.2.10 Board Fees.
ARTICLE 4. OFFICERS.
4.2 Election of Officers.
4.3 Removal of Officers.
4.8 Assistant Secretary.
4.9 Assistant Treasurer.
ARTICLE 5. INDEMNIFICATION OF OFFICERS AND MANAGERS.
ARTICLE 6. OBLIGATIONS OF OWNERS.
6.1 In General.
6.2 Use of General Common Elements and Limited Common Elements.
6.2.1 Owner Furnished Items.
6.3 Right of Entry.
6.3.1 For Emergency Repairs/To Prevent Damage
6.3.2 Installation, Alterations, or Repairs.
6.4 Destruction of Obsolescence.
6.5 Owner’s Insurance Obligation.
ARTICLE 7. BYLAWS.
ARTICLE 8. MORTGAGES.
8.1 Notice to Association.
8.2 Notice of Unpaid Assessments.
ARTICLE 9. EVIDENCE OF OWNERSHIP, REGISTRATION OF MAILING ADDRESS AND REQUIRED PROXIES.
9.1 Proof of Ownership.
9.2 Registration of Mailing Address.
9.3 Completed Requirement.
ARTICLE 10. CONFLICT WITH DECLARATION OR LAW.
10.1 Must Comply With Declaration and Law.
ARTICLE 11. NONPROFIT ASSOCIATION.
11.1 Not for Profit.
ARTICLE 12. FISCAL YEAR.
12.1 January 1 thru December 31 of Each Year.
PREAMBLE TO THESE BYLAWS
A condominium community of one hundred families living on property that is owned by all, and in homes that are owned by each, admittedly have some built-in problems.
First and foremost they need enough security, peace and quiet to all themselves to enjoy their home and the time they spend there.
Secondly, they may expect the grounds they jointly own to be well cared for and properly maintained.
Thirdly, they have the right to expect and an opportunity to practice cooperation with every one of like circumstances in the community to attain the first two goals.
It is to further those ends that these BYLAWS have been corrected, updated, and are hereby dedicated.
NOTE: The BYLAWS were last updated in 1990, at that time less than 1/3 of our members lived in the complex. Today, more than 2/3rds live on the continental Condominium grounds. Therefore, the rules by which we govern ourselves become very important. In 1995, no quorum was present at the annual Meeting and 60% of the voting membership did not return the mail ballots on the proposed Bylaws changes. Therefore, these Bylaws reflect only the typing and/or spelling corrections and amendments as of 1993.
A TABLE OF CONTENTS WAS ADDED TO ASSIST ALL USERS OF THESE BYLAWS.
CONTINENTAL CONDOMINIUMS HOMEOWNERS ASSOCIATION
ARTICLE 1. OBJECT AND DEFINITIONS.
1.1 Purpose. The purpose for which this Association is formed is to govern the condominium property situated in the county of Clark State of Washington, which is property described in Exhibit A attached hereto and by this reference is made a part hereof, and which property has been submitted to the provisions of the Horizontal Property Regimes Act of the State of Washington by a declaration entitled “Declarations and Covenants, Conditions, Restrictions, and Reservations” establishing a plan for condominium ownership of Continental Condominiums (hereinafter referred to as “Declaration”).
1.2 Assent. All present or future owners, tenants, future tenants or any other person using the facilities of the project in any manner are subject to the regulations set forth in these Bylaws. The mere acquisition or rental of any of the condominium apartments (hereinafter referred to as “apartments”) in the project or the mere act of occupancy of any of said apartments shall constitute ratification of these Bylaws.
1.3 Definitions. Unless otherwise specified, all terms shall have the same meaning in these Bylaws as such terms have in the Declaration. The terms “owners” and “members” as used herein shall be synonymous.
ARTICLE 2. MEMBERSHIP, VOTING, MEETINGS AND ADMINISTRATION
2.1 Form of Association. Initially the Association may be an unincorporated association. The Board, or Declarant, until such time as the initial Board is selected, may at any time if deemed advisable in the exercise of its sole discretion, without necessity of prior approval or other such action by the members being necessary, cause such incorporated association to be converted to a non-profit corporation under the laws of the State of Washington; provided, that, rights and duties of the members and of such corporation shall continue to be governed by the provisions of the Act, the Declaration, and these Bylaws.
2.1.1 Membership Qualification. Each fee owner (including Declarant) shall be a member of the Association and shall be entitled to one membership for each apartment so owned; provided that, if an apartment has been sold on contract, the contract purchaser shall exercise the rights of the apartment owner for purposes of the Declaration, the Association and the Bylaws, except as hereinafter limited and shall be the voting representative unless otherwise specified. Ownership or an apartment shall be the sole qualification for membership in the Association.
2.1.2 Transfer of Membership. The Association membership of each owner (including Declarant) shall be appurtenant to the apartment giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon the transfer of title to said apartment and then only to the transferee of the title to such apartment. Any attempt to make a prohibited transfer shall be void. Any transfer of title to an apartment shall operate automatically to transfer the membership in the Association appurtenant thereto to the new owner thereof. Sales by contract are hereby permitted and a contract purchaser in good standing shall be deemed a transferee within the meaning of this section.
2.1.3.A Number of Votes. The total voting power of all owners shall be one hundred (100) votes and the total number of votes available to owners of any one apartment shall be equal to the percentage of undivided interest in the common areas and the facilities appertaining to such apartment.
2.1.3.B Voting Owner. There shall be one voting representative of each apartment. Declarant shall be considered an “owner” as that term is used herein, and shall be the voting representative, with respect to any apartment or apartments owned by the Declarant. If a person (including Declarant) owns more than one apartment, he shall have the votes for each apartment owned. The voting representative shall be designated by the owner or owners of each apartment by written notice to the Board, and need not be an owner. The designation shall be revocable at any time by the actual notice to the Board from a party with ownership interest in the apartment. This power of designation and revocation may be exercised by the guardian of an apartment owner and the administrators or executors of an owner’s estate. Where no designation is made, or where a designation has been made but has been revoked and no new designation has been made, the voting representation of each apartment shall be the group composed of all its owners.
2.1.3.C Joint Owner Disputes. The vote for an apartment must be cast as a single vote, and fractional votes shall not be allowed. In the event that the joint owners are unable to agree among themselves as to how to cast, they shall lose their right to vote on the matter in question. In the event more than one vote is cast for a particular apartment, none of the said votes shall be counted and said votes shall be deemed void.
2.1.3.D Pledged Votes. In the event that the record owner or owners have pledged their vote regarding special matters to a mortgagee under a duly recorded mortgage or to the vendor under a duly recorded real estate contract, only the vote of such mortgagee or vendor will be recognized in regard to the special matters upon which the vote is so pledged, if a copy of the instrument with this pledge has been filed with the Board. Amendments to this subsection shall only be effective upon the written consent of all the voting owners and their respective mortgages and vendors, If any.
b) In the case of a vote by mail relating to any other matter, the Secretary shall give written notice to all owners of each membership which notice shall include a proposed written resolution setting forth a description of the proposed action, and shall state that such persons are entitled to vote by mail for or against such proposal and stating a date, not less than twenty (20) days after the date shall have been given on or before which all votes must be received and stating that they must be sent to the specified address of the principal office of the Association, votes received after that date shall not be effective. Any such proposal shall be adopted if approved by the affirmative vote of not less than a majority of the votes entitled to be cast on such question, unless a greater or lesser voting requirement is established by the Declaration or Bylaws for the matter in question.
c) Delivery of a vote in writing to the principal office of the Association shall be equivalent to the receipt of a vote by mail at such address for the purpose of this section 2.2.2.D
2.1.4 Meetings, Audits, Notices of Meetings
2.1.4.A Annual Meetings, Audits. There shall be an annual meeting of the owners in the first quarter of each fiscal year at such reasonable place and time as may be designated by written notice of the Board delivered to the owners no less than ten (10) days prior to the date set for said meeting. At the annual meeting there shall be presented an audit of the common expenses, itemizing receipts and disbursements for the preceding fiscal year, and the allocation thereof to each owner, and the estimated common expenses for the coming fiscal year. The Board at any time, or by written request of owners having art least forty (40) percent of the total votes, may require that an audit of the Association and Management books be presented at any special meeting. An apartment owner, at his own expense, may at any time make an audit of the books of the Board and Association.
2.1.4.B Ratification of Budget. Within thirty (30) days after adoption of any proposed budget for the condominium, the Board of Directors shall provide a summary of the budget to all the unit owners and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing of the summary. Unless at that meeting the owners of units to which a majority of the votes in the association are allocated or any larger percentage specified in the declaration reject the budget, 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 unit owners shall be continued until such time as the unit owners ratify a subsequent budget proposed by the Board of Directors. (RCW 64.34.308 1992)
2.1.4.C Special Meetings. Special meetings of the owners may be called at any time for the purpose of considering matters which by the terms of the Act or of these Bylaws require the approval of all or some of the owners or for other reasonable purpose. Such meetings shall be called by written notice of the President, or after request signed by majority of the Board, or by written request of the owners having at least forty (40) percent of the total votes, which notice shall be delivered not less than ten (10) days prior to the date fixed for said meeting. The notice shall specify the date, time and place of the meeting and in general the matters to be considered.
2.2 Bylaws of Association.
2.2.1 Adoption of Bylaws. Bylaws for the administration of the Association and the property, and for the other purposes not inconsistent with the Act or with the intent of these Bylaws, shall be adopted by the Association upon concurrence of those voting owners holding sixty (60) percent of the voting power at a regular or special meeting. Notice of the time, place and purpose of such meeting shall be delivered to each apartment owner at least ten (10) days prior to such meeting. Amendments to the Bylaws may be adopted by the same vote at a regular or special meeting similarly called. Declarant may adopt initial Bylaws.
2.2.2 Additional Administrative Provisions.
2.2.2. A Majority of Owners. As used in these Bylaws, the term “majority of owners” shall mean those owners of more than fifty (50) percent of the undivided ownership of the general common elements.
2.2.2.B. Quorum. Except as otherwise provided in these Bylaws, the presence in person or by proxy of a “majority of owners: as above defined shall constitute a quorum. An affirmative vote of the majority of the owners present either in person or by proxy, shall be required to transact business; provided, however, that no business shall be transacted unless a minimum of thirty (30) percent of all of the owners, either in person or by proxy, vote affirmatively, and no Board member shall be removed unless the majority of the unit owners vote affirmatively thereof.
2.2.2.C Proxies. Votes may be cast in person or by proxy. Proxies shall be in writing and the signatures must be witnessed or acknowledged. Proxies must be filed with the Secretary before the appointed time of each meeting. No proxy shall be valid for a period longer than eleven (11) months after the date thereof.
2.2.2.D Voting by Mail. The Board may decide that voting of the members shall be by mail with respect to any particular election of the Board or with respect to the adoption of any proposed amendment to the Declaration or Bylaws, or with respect to any other matter for which approval by owners is required by the Declaration or Bylaws, in accordance with the following procedure:
a) In case of election of Board members by mail, the existing Board members shall advise the Secretary in writing of the names of proposed Board members sufficient to constitute a full Board and of a date set at least fifty (50) days after such advice is given by which all votes are to be received. The Secretary, within five (5) days after such advice is given, shall give written notice of the number of Board members to be elected and of the names of the nominees to all owners of each membership. The notice shall state that any such owner may nominate an additional candidate or candidates, not to exceed the number of Board members to be elected, by notice in writing to the Secretary at the specified address of the principal office of the Association, to be received on or before a specified date fifteen (15) days from the date the notice is given by the Secretary. Within five (5) days after such specified date the Secretary shall give written notice to all owners of a membership, stating the number of Board members to be elected, stating the names of all persons nominated by the Board and by the members on or before said specified date, stating that each owner may cast a vote by mail and stating the date established by the Board by which such votes must be received by the Secretary at the principal office of the Association, which shall be specified in the notice. Votes received after that date shall not be effective. All persons elected as Board members pursuant to such an election by mail by receipt of the number votes required by applicable law, shall take office effective on the date specified in the notice for receipt of such votes.
2.2.2.E Adjourned Meeting. If any meeting of the owners cannot be organized because a quorum has not attended, the owners who are present either in person or by proxy, may adjourn the meeting at a time not less than forty-eight hours from the time the original meeting was called.
2.2.2.F Order of Business. The order of business at all meetings of the owners of apartments shall be as follows:
A. Roll Call.
B. Proof of Notice of meeting or waiver of notice.
C. Reading of Minutes of preceding meeting.
D. Reports of Officers.
E. Reports of Committees.
F. Election Results Announcement
(ANNUAL MEETING ONLY)
G. Unfinished Business.
H. New Business.
2,3: Membership Committees: (Changed by Amendment 10/12/2012)
2.3.1: All committees shall be created, their members appointed, and their duties defined by the President with the approval of the majority of the Board of Directors.
2.3.2: The Chairperson of each committee may be appointed by the President at his/her discretion.
2.3.3: The President shall have the authority to abolish any and all committees at his/her discretion with the approval of the majority of the Board of Directors.
2.3.4: The President shall have the authority to remove any member of a committee at his/her discretion with the approval of the majority of the Board of Directors.
2.3.6 Any hearing required, either by request of a tenant, or owner, or by reported infraction, shall be held by the Rules and Standards Committee, after having informed the Secretary of the Board.
2.3.6.A The hearing may be attended by any Board member who, for that hearing, shall be a voting member of the hearing panel.
2.3.6.B Any member of the committee or the Board having a conflict of interest may be excused from the panel and will not vote, but may testify during the hearing.
2.3.6.C The findings following the hearing shall be immediately forwarded to the Board for their consideration. If within ten (10) days the Board has taken no action, the findings of the Committee will become effective until the next Board meeting.
2.3.6.D The findings of the committee after adoption by the Board shall be binding.
2.3.6.E Any matter coming before the committee which clearly seems to be within the purview of the Board may be referred to them with or without recommendation, and without a hearing.
2.3.6.F Any tenant or owner living in the complex, having serious objections to any Rule formulated by the Committee, may present a petition signed by fifteen (15) owners or tenants occupying that number of units in the complex, and shall within a reasonable time receive a hearing and present evidence or testimony for relief or change as the case may be.
2.3.6.G Following the petitioned hearing, the conclusion of the committee shall be binding when ratified by the Board.
ARTICLE 3 MANAGEMENT OF CONDOMINIUM
3.1 In General. The affairs of the Association shall be governed by a Board which, shall be composed of seven (7) members. With regard to transfer of management to the permanent Board and the Board’s authority reference is made to the following sections of the Declaration:
10.1 Management by Declaration.
10.2 Management by Board
10.3 Authority of Board
3.2 Additional Provisions Regarding Board.
3.2.1 Election and Term of Office. The members of the Board shall serve for a three (3) year term of Office, except as provided in 3.2.1.A
3.2.1.A At the annual membership meeting of 1985 there shall be seven directors elected, two of which shall serve for one year, two of which shall serve for two years and three of which shall serve for three years. Thereafter, all directors will be elected for three year terms.
3.2.2 Vacancies Vacancies in the Board caused by any reason other than removal of a Board member by a vote of the Association shall be filled by vote of the majority of the remaining Board members, even though they may constitute less than a quorum; and each person so elected shall be a Board member to complete the remainder of the unexpired term. (Amended 1993)
3.2.3 Removal of Board Members. At any regular meeting or at any special meeting called for that purpose, any one or more of the Board members may be removed with or without cause, by a majority of all apartment owners, and a successor may then and there be elected to fill the vacancy thus created. Any Board member whose removal has been so proposed by the owners shall be given an opportunity to be heard at the meeting.
3.2.4 Organization Meeting. The first meeting of a newly elected Board shall be held immediately following the annual meeting and no notice shall be necessary to the newly elected Board members in order to legally constitute such meeting.
3.2.5 Regular Meetings. Regular meetings of the Board shall be held at such time and place as shall be determined, from time to time, by a majority of the Board members, but at least two such meetings shall be held during each fiscal year and one such meeting shall be held immediately following the annual meeting of owners. Notice of regular meetings of the Board shall be given to each Board member, personally or by mail, telephone or telegraph, at least three (3) days prior to the day named for such meeting.
3.2.6 Special Meetings. Special meetings of the Board may be called by the President on three days notice to each Board member, given personally, or by mail, telephone or telegraph, which notice shall state the time, place (as hereinabove provided), and the purpose of the meeting. Special meetings of the Board shall be called by the President or Secretary in like manner and on like notice on the written request of a least two Board members.
3.2.7 Waiver of Notice. Before, at, or after any meeting of the Board, any Board member may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Board member at any meeting of the Board shall be a waiver of notice to him/her of the time and place thereof. If all the Board members are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
3.2.8 Quorum. At all meetings of the Board, a majority thereof shall constitute a quorum for the transaction of business, and the acts of the majority of the Board members present at the meeting at which a quorum is present shall be the acts of the Board. If, at any meeting of the Board, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice.
3.2.9 Fidelity Bonds. The Board may require that all officers and employees of the Association handling or responsible for Association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be paid by the Association.
3.2.10 Board Fees. All Board members shall receive such sums as the owners may, from time to time, determine, plus transportation expenses, for attendance at any regular or special meeting of the Board.
ARTICLE 4 OFFICERS.
4.1 Designation. The officers of the Association shall be a President, a Vice-President, a Secretary, and a Treasurer, all of whom shall be elected by the Board.
4.2 Election of Officers. The officers of the Association shall be elected annually by the Board at the organization meeting of each new Board and shall hold office at the pleasure of the Board. Any person may hold concurrently any two offices (and may also concurrently be a Board member), except that the same person may not concurrently hold the offices of President and Secretary. The office of Vice-President need not be filled.
4.3 Removal of Officers. Upon an affirmative vote of a majority of the members of the Board, any officer may be removed, with or without cause, and his successor elected at any regular meeting of the Board, or at any special meeting of the Board called for such purpose.
4.4 President. The President shall be the chief executive officer of the Association. He shall preside at all meetings of the Association and the Board. He shall have all of the general powers and duties which are usually vested in the office of the President of a non-profit association including, but not limited to, the power to appoint committees from among the owners, from time to time, as he may, in his discretion, decide is appropriate to assist in the conduct of the affairs of the Association.
4.5 Vice-President. A Vice-President shall have all the powers and authority and perform all of the functions and duties of the President in the absence of the President, or his inability, for any reason, to exercise such powers and functions or perform such duties.
4.6 Secretary. The Secretary shall keep the minutes of the meetings of the Board and minutes of meetings of the Association; he shall have charge of such books and papers as the Board may direct; and he shall, in general, perform all the duties incident to the office of Secretary. The Secretary shall compile and keep up to date, at the principal office of the Association, a complete list of members and their registered mailing addresses. Such list shall also show opposite each member’s name the number or other appropriate designation of the apartment owned by such member. Such list shall be open to inspection by members and other persons lawfully entitled to inspect the same at reasonable times during regular business hours.
4.7 Treasurer. The Treasurer shall have responsibility for Association funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all monies and other valuable effects in the name and to the credit of the Association in such depositories as may, from time to time, be designated by the Board of Directors.
4.8 Assistant Secretary. The Board may appoint one or more Assistant Secretaries to perform all of the duties of the Secretary in the absence of the Secretary.
4.9 Assistant Treasurer. The Board may appoint one or more Assistant Treasurers to perform all of the duties of the Treasurer in the absence of the Treasurer.
ARTICLE 5. INDEMNIFICATION OF OFFICERS AND MANAGERS.
5.1 Indemnification. The Association shall indemnify every Board member or officer, and his or her heirs, executors and administrators as provided in Article 17 of the Declaration. Nothing contained in Article 17 shall, however, be deemed to obligate the Association to indemnify any member or owner of condominium apartment who is, or has been, a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him under and by virtue of the Condominium Declaration for Continental Condominiums as a member or owner of a condominium apartment covered thereby.
ARTICLE 6. OBLIGATIONS OF OWNERS.
6.1 In General. Each owner shall always endeavor to observe and promote the cooperative purposes for the accomplishment of which Continental Condominiums was built and each owner shall comply strictly with all the provisions of the Declaration. Without limiting the generality of the foregoing, particular reference is made to the following Articles of the Declaration:
ARTICLE 11 USE: REGULATION of USES: ARCHITECTURAL UNIFORMITY
11.1 Residential Use 11.4 Effects on Insurance
11.2 Sales Facilities of Declarant 11.8 Signs
11.3 Vehicle Parking 11.9 Pets
11.4 Common Drive and Walks 11.10 Offensive Activity
11.5 Interior Apartment Maintenance 11.11 Common Area Alterations
11.6 Exterior Appearance 11.12 House Rules
ARTICLE 12 COMMON EXPENSES AND ASSESSMENTS
12. 1 Estimated Expenses 12.10 Certificate of Assessment
12.2 Payment by Owner 12.11 Assessment Deposit
12.3 Purpose 12.12 Foreclosure of Assessment
Attorney’s Fees and Costs
12.4 Separate Accounts 12.13 Rental Value
12.5 Based on Percentage 12.14 Rental Apartments
12.6 Omission of Assessment 12.15 Termination of Utility Service
12.7 Records 12.16 Remedies Cumulative
12.8 Declarant Liability
12.9 Lien Indebtedness
6.2 Use of General Common Elements and Limited Common Elements.Each owner shall use the general common elements and the limited common elements in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights or the other owners.
6.2.1 Certain items, namely, screen doors and window screens are designated as items to be furnished and maintained by apartment owners at their individual expense, in good order, according to the standards and requirements set by the Board by Rule, Regulation or these Bylaws.
6.3 Right of Entry.
6.3.1 An owner shall permit the managing agent or other person authorized by the Board the right of access to the owner’s apartment and appurtenant limited common areas, from time to time, during reasonable hours as may be necessary for the maintenance, repair or replacement of the common areas, or at any time deemed necessary by the Managing agent or the Board for the making of emergency repairs or to prevent damage to any of the common areas.
6.3.2 An owner shall permit the Managing agent or other persons authorized by the Board, or other owners or their representatives, when so required, to enter his apartment for the purpose of performing installations, alterations or repairs to the mechanical or electrical services, or to the apartments and limited common areas of such other owners; provided that requests for entry are made in advance and that such entry is at a time convenient to the owner. In the case of emergency, such right to entry shall be immediate.
6.4 Destruction or Obsolescence. Each owner shall, upon becoming an owner of a condominium apartment, execute a power of attorney in favor of the Association, irrevocable appointing the Association his attorney-in-fact to maintain, repair and improve the building and general and limited common areas, and to deal with the owner’s condominium apartment upon its destruction or obsolescence and purpose of such execution shall be more fully to evident such appointment, but failure to execute such power of attorney shall in no way derogate from the appointment provided in the Declaration.
6.5 Owner’s Insurance Obligation. Be it understood that the Master Insurance Policy for the Association shall be construed to cover both inside and outside walls regardless of whether or not the unit owner is responsible for maintaining the inside wall, inclusive of carpeting, draperies, cabinets, wall coverings, and attached appliances. Other appliances, furniture, and other personal property is the responsibility of the owner, occupant, or renter as the case may be.
ARTICLE 7. BYLAWS.
7.1 Amendments. Bylaws (and amendments thereto) for the administration of the Association and the property, and for other purposes not inconsistent with the Act or with the intent of the Declaration, shall be adopted by the Association by concurrence of those voting owners holding sixty (60) percent of the voting power at a regular or special meeting. Notice of the time, place and purpose of such meeting shall be delivered to each apartment owner at least ten (10) days prior to such meeting.
7.2 Rules. Lawful Rules and Regulations adopted pursuant to law, the Declaration and these Bylaws may be enforced by the imposition of fines, or assessed damages, as the case may be, and, if ignored may be followed by notice of eviction. (All owners have, by contract, agreed to be guided by the Rules and these Bylaws and should so inform their renter(s) and guest(s) who come upon and use common property.)
ARTICLE 8. MORTGAGES
8.1 Notice to Association. An owner who mortgages his apartment shall notify the Association through the Managing Agent, if any, or the President of the Board, giving the name and address of his mortgagee. The Association shall maintain such information in a book or list entitled “Mortgagees of Apartments.
8.2 Notice of Unpaid Assessments. The Association shall, at the request of a mortgagee of an apartment, report any unpaid assessments due from the owner of such apartment.
ARTICLE 9. EVIDENCE OF OWNERSHIP, REGISTRATION OF MAILING ADDRESS AND REQUIRED PROXIES.
9.1 Proof of ownership. Any person becoming an owner of a condominium apartment shall furnish to the Managing Agent a photocopy of a certified copy of the recorded instrument vesting that person with an interest or ownership, which instrument shall remain in the files of the Association. A member shall not be deemed to be in good standing nor shall he be entitled to vote at any annual or at a special meeting of members unless his requirement is first met.
9.2 Registration of Mailing Address. The owners of each condominium apartment shall have one and the same registered mailing address, to be used by the Association for the mailing of monthly statements, notices, demands and all other communication; and such statements, notices, demands and all other communication; and such registered address shall be the only mailing address of a person or persons, firm, corporation, partnership, association or other legal entity or any combination thereof to be used by the Association. Such registered address of a condominium apartment owner or owners shall be furnished by such owners to the Secretary within five (5) days after transfer of title; such registration shall be in written form signed by all of the owners of the condominium apartment or by such persons as are authorized by law to represent the interests of (all of ) the owners thereof. If no such address is registered or if all of the owners cannot agree, then the address of the apartment shall be the registered address until, another registered address is furnished as permitted under this section. Registered addresses may be changed, from time to time, by similar designation.
9.3 Completed Requirement. The requirements contained in this article shall be first met before an owner of a condominium apartment shall be deemed in good standing and entitled to vote at any annual or special meeting of members.
ARTICLE 10 CONFLICT WITH DECLARATION OR LAW
10.1 These Bylaws are intended to comply with and supplement the requirements of the Washington Horizontal Property Regimes Act and the Declaration. If any of these Bylaws conflict with the provisions of said statute or Declaration, the provisions of the statute and Declaration will apply.
ARTICLE 11. NONPROFIT ASSOCIATION.
11.1 This Association is not organized for profit. No member, member of the Board or person from whom the Association may receive any property or funds shall receive or shall lawfully be entitled to receive any pecuniary profit from the operations thereof, in no event shall any part of the funds or assets of the Association be paid as salary or compensation to, or distributed to, or inure to the benefit of any members of the Board. The foregoing, however, shall neither prevent nor restrict the following:
1) Reasonable compensation may be paid to any member or manager while acting as an agent or employee of the Association, for services rendered in effecting one or more of the purposes of the Association, and
2) Any member or Board member may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Association.
ARTICLE 12. FISCAL YEAR.
12.1 The fiscal year of the Association shall begin January 1, and end on December 31.
These Bylaws are updated to include all amendments as of March1993. Dated at Vancouver, Wa. this 30th day of August, 1995.
President of the Board
BY Carolyn Simpson
Secretary of the Board