All Owners
Capitol City Golf Club Estates
RE: Amended & Restated Declaration (CCR’s) and Bylaws
Dear Owners:
As the President of your Association, I have been working with a special Ad Hoc Committee for over three and one-half years in the preparation of the “Amended & Restated” versions of the attached documents that for your consideration. Members that worked together, shared their homes for meetings and provided important input and thought include: Darrelyn Nuesca, Ed Obie, Naomi Obie, Joanne Redmond and Lisa Hart. That Committee also received input from the Membership at three public hearings. The final documents before you, were approved by our Attorney and by the Board of Trustees on October 23, 2020.
You are now being asked to vote in favor of the passage of the Amended & Restated Declaration that were previously called Covenants, Conditions and Restrictions (CCR’s). The existing CCR’s were written and approved in 2005. Also, you have an updated and final version of our Amended & Restated Bylaws and a written consent form which is your voting ballot.
We will also be placing another discussion of these documents on the Agenda at our upcoming Membership Meeting on December 8, 2020 which is now scheduled as a Virtual ZOOM Meeting a 6:00 p.m. because of Covid – 19.
Any questions or clarifications can also be made by calling my cell number at
(360) 888-2400 or by sending me an e-mail at packattack66@hotmail.com.
The initial deadline for the return of ballots is July 1, 2021 but please turn in your written consents as soon as possible. The Association will need at least 51% of the Owners to vote in favor of approving the Amended & Restated Declaration (CCR’s) for it to become official, so please take the time to understand the new documents and vote in favor of their passage so that the Association can start operating under the improved language.
The following are some of the features of the Amended and Restated Declaration:
- Like for Like improvements that do not alter the appearance to previously approved building and lot components do not need further approval from the Architectural Control Committee (See Article 9.2).
- Residential and Commercial Lots are better identified and the provision that apply to each have been significantly clarified (See Article 5. Commercal Lots).
- The total number of Lots and identification of all Lots has been clarified to include Lots that have been subdivided since the most recent Plat Map and Townhomes. These clarifications ensure that all owners of lots have clear voting rights that cannot be diluted by subdivision.
- Specific exterior house colors are no longer prescribed. (See ACC Approval Required Article 9.5.2)
- Rights and conditions with respect to Lots with the golf course have been determined and agreed to by the owner of the golf course, including notice to the Association prior to installation of temporary or permanent structures and increased regulation of golf course “Users”,
- Applicable portions of the Washington Common Interest Ownership Act (RCW Chapter 64.90) relating to budgets and reserves have been added;
- Removes language in conflict with the HOA Act or legal decisions interpreting the Act;
- Removes reference to expired or inapplicable developer rights;
- Allows for permanent parking in a driveway for up to four vehicles if there are no cut outs or adjacent parking strips and if all vehicles are positioned on driveway without extension onto the streets (See Section 8.6.2);
- Groups common concepts together and contains cross-references to related sections to allow for easier interpretation;
- Adds enforcement provision to ensure that Notice and an Opportunity to be heard is provided to Owners regarding violations or other Board findings; and
- Clarifies rulemaking authority.
- All provisions of the Declaration are in agreement with state and local laws.
Your written consent forms can be turned in by mail or email as provided on the Written Consent Form.
The Board hopes to amend and restate the Declaration (CCR’s) and the corporate Bylaws, which have different voting requirements, Thus, to make sure that the Amended & Restated Bylaws will be consistent with the Amended & Restated Declaration, the new Declaration gives the Board the authority to adopt the initial Amended & Restated Bylaws, after which they will require a vote if the Owners to amend.
If you have any questions about the changes or reasons why the Board believes that adoption of the Amended & Restated Declaration is in the Association’s best interests, please attend the informational portion of our Membership Meeting on December 8, 2020 or call me or send me an e-mail.
Please accept my sincere thanks for your review and consideration of these important matters to our Association.
Sincerely,
Larry Dittloff, President
Capitol City Gold Club Estates HOA
RELATED DOCUMENTS:
Download & print these documents. Note: You will need to have a copy of the free reader, Adobe Acrobat Reader installed on your computer, tablet, or phone. The FREE reader is available online at Adobe or through the Google Play Store & Apple’s App Store.
