6-12-24 Letter to Homeowners on Consolidation
Whipple Creek Place Homeowners Association
Dear WCP Homeowners, June 12, 2024
The Whipple Creek Place HOA Boards of Directors for the three Sub-Associations (SA1, 2, and 3) and the Master Association are asking homeowners to adopt new CC&Rs that consolidate all four Associations into one HOA. Those CC&Rs have been finalized, reviewed by the HOA attorney and approved by the Boards. The purpose of consolidation is three-fold as follows:
- First, to reduce management costs by eliminating up to three-fourths of what is now required to manage four separate Associations, e.g., books, budgets, bank accounts, membership meetings, resolutions, etc. Only one of each of these would be required rather than the present four.
- Second, to replace the present eight sets of CC&Rs and their amendments that are no longer compliant with Washington state laws with one set of compliant CC&Rs.
- Third, to help assure that the HOA Board is able to continue to hold meetings to conduct business and adopt annual budgets to maintain Common Areas and protect property values and the character and livability of Whipple Creek Place that residents now enjoy. This ability is in jeopardy. Despite past warnings, SA2 and 3 presently do not have enough homeowners stepping up to fill Board positions to achieve a quorum to conduct required business. If an SA cannot conduct business, it could be forced into a court appointed receivership for their management which would substantially increase that SA’s assessments. Consolidation would help solve this problem by placing responsibility on one smaller Board requiring less homeowners to step up to fill Board positions.
The proposed enclosed CC&Rs would:
- Copy, for the most part, the present CC&Cs word for word if allowed by WA state law, and if not, they would bring them into compliance with state law as required. The only main change from the present CC&Rs would be how budgets with assessment increases are ratified. A new state law enacted in 2018 superseded the present CCC&Rs that had required any assessments increase be approved by 67% of homeowners. That new law now requires assessment increases to be rejected by a majority of homeowners. The proposed CC&Rs would clarify this process, eliminating any confusion.
- Ease some of the restrictions in the present CC&Rs placed upon residents, such as parking, T1-11 siding, stone veneer siding, basketball hoops, etc.
- Outline a hearing process not previously provided where homeowners could appeal a notice for any violation of a provision in the HOA’s governing documents, including its CC&Rs, Bylaws, and resolutions.
- Postpone another assessment increase, which looks like is inevitable in 2025 due to increased costs if consolidation is unsuccessful.
- Not give the HOA and its Board any more power and authority than it already has under State Laws and the present Whipple Creek Place CC&Rs.
The Master Board and Sub-Association Board feel it is in the best interest of homeowners to consolidate the four Associations and are asking homeowners to approve the enclosed Amended and Restated CC&Rs for the WCP HOA by returning the enclosed proxy promptly with your vote of approval. The proxy defines how the vote must take place per the Association’s governing documents.
Sincerely your Sub-Association and Master Association Boards.
To view and download the Proposed Amended and Restated CC&Rs for the Whipple Creek Place HOA dated 6-12-24, click on the Governing Documents tab at the top of this website. The proxy for homeowners to approve the proposed CC&Rs can be found here also.