FW: Addition of Beech Court Common Area for Landscape Maintenance Page 1 of 1
FW: Addition of Beech Court Common Area for Landscape Maintenance r.bertholf@comcast.net [r.bertholf@comcast.net]
Sent: Wednesday, July 16, 2008 5:48 PM
To: Debra [debra@marrsoftware.com]; Arley Ballenger [arley@marrsoftware.com]
To: "Ray Ford" <raymondfordxo@comcast.net>, "Scott & Stacy Fleming" <ssfleming@comcast.net>
Cc: "Ron Bertholf' <r.bertholf@comcast.net>, "Sherri Lindsay" <sgreenlindsay@gmail.com> Subject: Addition of Beech Co _ Cnmmon Area for Landscape Maintenance
Earlier this week, Ron & I had a discussion re: Tract 998 (I believe), the 'common area', between the posted wetland area & 13896 Beech Court has never been maintained. We walked by to have a look & it was pretty terrible.
This stems back from when Carl, Tracy Longanecker & myself, the original board of directors, had to deal with an issue regarding this smidge of land. Long story short, a neighbor across the street complained to the BOD when another neighbor took it upon himself to till this bit of land, which is adjacent to his property. Eventually, the matter was thought to be resolved when Ron (at least the following year) helped by raking & seeding the spot. At one point, the adjacent neighbor said he'd maintain Tract 998 & the parking strip but to date, I don't think the spot has ever been mowed. The neighbor works crazy hours in Everett & has a house full of kids - no time to do this extra work. He still has projects on his own property to complete! Scott has kindly mowed the parking strip. Anyways, this area is 'common property' & according to our CC&Rs, it must be maintained by SHHOA.
would cost adci 1 raro we naa a lookat ittogetner s esale[ slie nee`iTed t it before she could quote. So she did it (for free today only) & then gave me the following quote:
• $20 per month to mow, edge & weed-wack Tract 998 to the border of the wetland next to it & the parking strip
• $5 per month to weed 'n feed, when needed
httns://mail.svmbiosis-technologv.com/owa/?ae^Item&.t=IPM Nnte id=uc,A A A A '/1</'IAA ~
FW: Newsletter?
Page 1 of I
FW: Newsletter?
r.bertholncomcastnet [r.bertholf@comcast.net]
Sent: Wednesday, July 16, 2008 5:51 PM
To: Debra [debra@marrsoftware.com]; Arley Ballenger [arley@marrsoftware.com]
Forwarded Message:
o: • on olf' <rbertholf@comcas .ne
Cc: "'Sherri Lindsay"' <sgreenlindsay@gmail.com>, "'Carl Dimockm <carl@carlandjenna.com> Subject: Newsletter?
Hi on,
Sherri - do you have a Treasurer's Report available to add? If not, when could you send it to Ron by? If you've already done so, please excuse the question.
Carl - Do you have anything to add?
Also, is Melissa Honda-Murray still a member of the Communication Committee? From Tim's comments last November (when I suggested a newsletter was due), I got the feeling that she wanted nothing to do with the HOA.
True or false or unknown?
Mary
Vlea94. COAt q,Ce/Lei-e, 10-v_
ihax
https://mail.symbiosis-technology.com/owa/?ae=Item&t=IPM.Note&id=RaAAAACvSzte... 7/16/2008
When you get a chance, would you call me regarding the treasurer binder to be picked up at Kinkos? It
phone; otherwise I will be available at home 360.863.6144.
If you think I should pick it up, I could do it on Saturday.
Thanks for your hard work! Sherri
au/f- fr Wac f~~~/ ~~'- ,7~
664 ge 41t (2,01m
c-i1
ay Ford, Scott Fleming, Ron Bertholf & Sherri Green Lindsay
This letter is sent to address the ongoing issues that your fellow Sky Harbor Home Owners Association (SHHOA) board of directors & officers including several past directors, have experienced in person & by email in the short time since the new board was established, when dealing with your concerns.
The verbal & email threats along with posting a 'Pending Civil Action' statement on the SHHOA Neighborhood Forum (05/14/08), threatening a 'civil case & large punitive settlement aimed at punishing the Board' for not receiving the financial report before the agreed upon date you would receive it, was nothing more than frivolous drivel, aimed at discrediting the BOD. This posting of yours ended with, 'Ill update the status as soon as I have possession of the documents'. On that same date, you received the financial report, yet there has been no update whatsoever.
Through numerous emails & at the original BOD meeting you attended in a board position, you also mentioned wanting to do an `audit' of the SHHOA financials, yet nobody has heard a word back from you since you received the report. In fact, you have only logged in twice to date yet sent no feedback on your findings whatsoever. From the beginning, it would appear that you have had an agenda to dissolve Sky Harbor HOA. Confrontational emails received from you have been a concern to fellow BOD & Officer members & their families due to the harassing tone.
With regards to late HOA dues, you have emailed a complete lack of regard for the HOA, including your views that we (the BOD) should not be collecting past dues & in fact, have suggested that membership is not necessary.
All BOD members are obligated to enforce & support the CC&Rs set out in our HOA. Payment of dues from every homeowner in Sky Harbor, is not an option. Membership & following the CC&Rs is also not an option.
Recently, it has come to our attention that a wireless access hub in the proximity of your house is namedli0AisCrooked'. The signal is very strong when approaching your housed & fades when moving away, in any direction. This too, alludes to something scandalous with our HOA & is unbecoming behavior of a board member. You have mentioned more than once that your preference would be to disband the HOA.
Due to all the above issues, the listed SHHOA board & officer members are placing a recall of your board activities, effective immediately. Should you disagree, consider this notification of a general membership meeting to be held oraINININiagnildeiga
FW: Re: Financial Report 1Q08 Page 1 of 1
FW: Re: Financial Report 1Q08 r.bertholf@comcast.net [r.bertholf@comcast.net]
Sent: Wednesday, July 16, 2008 5:59 PM
To: Debra [debra@marrsoftware.com]; Arley Ballenger [arley@marrsoftware.com] Attachments: Re: Financial Report 1Q08 (4 KB)
-------------- Forwarded Message: --------------
From: raymondfordxo@comcast.net
To: "Sherri Lindsay" <sgreenlindsay@gmail.com>, "Ron Berthoif' <r.bertholf@comcast.net>
Cc: "Mary Carson-Ford" <mary_cf@comcast.net>, "Scott & Stacy Fleming" <ssfleming@comcast.net>, "Carl Dimock" <carl@carlandjenna.com>
Subject: Re: Financial Report 1Q08
Date: Fri, 13 Jun 2008 11:21:56 +0000
Sherri,
Ed gave the check to me ..Ron was with me and I then gave the check to Mary.. I assumed she deposited the check...
am aware that a few people have shown interest in the position during our initial issues with Ed however that may have changed..
I am a little surprised that the check being mis sing hasn't been mentioned until now..
Raymond
-------------- Original message ------ - -- ---From: "Sherri Lindsay"
> Hi,
> I have attached a spreadsheet with financial activity for 1Q08 (April -> Present). One worksheet is a transaction report detailing all expenses. > The other worksheet is a budget to actual report showing our expenses > compared to budget.
> The reports are a first draft that were exported from Quickbooks to Excel -> so if you think we should reformat the information, etc. let me know.
> One item I haven't seen come through the account is Ed's check for the > financial binder. Who did he give his check to?
> Thanks, > Sherri
httDs://mai1,symbiosis-technoloizv.com/owal?ae=Item&t=IPM.Note&id=R2AAAACvSztg... 7/16/2008
Financial Report 1Q08 Page 1 of 1
Financial Report 1Q08
Sherri Lindsay [sgreenlindsay@gmail.com]
Sent: Friday, June 13, 2008 1:42 AM
To: Ron Bertholf [r.bertholf©comcast.net]
Cc: Mary Carson-Ford [mary_cf@comcast.net]; Ray Ford [raymondfordxo@comcast.net]; Scott & Stacy Fleming [ssfleming@comcast.net]; Carl Dimock [carl@carlandjenna.com]
Hi,
I have attached a spreadsheet with financial activity for 1Q08 (April - Present). One worksheet is a transaction report detailing all expenses. The other worksheet is a budget to actual report showing our expenses compared to budget.
The reports are a first draft that were exported from Quickbooks to Excel - so if you think we should reformat the information, etc. let me know.
One item I haven't seen come through the account is Ed's check for the financial binder. Who did he give his check to?
Thanks, Sherri
https://mail.symbiosis-technologv.com/owa/?ae=ItemSzt=IPM NoteRric1=1:2 a A A AA CvC7-ta 7/1 6/7nns
Raymond Ford
From: Carl Dimock [earl@carlandjenna.com]
Sent: Thursday, May 01, 2008 9:06 PM
To: raymondfordxo@comcast.net; 'Edward Williams'; 'Sherri Lindsay'; ssfleming@comcast.net;
'Mary Carson-Ford'; bertholfm@comcast.net Subject: RE: Financial Disclosure [Now Landscaping thread]
It would be a good idea to confront the landscapers about their contract.
Maybe they used a natural fertilizer that is not harmful to people or pets.
Maybe they didn't fertilize at all. Maybe they'll drop their price because they don't do everything they said they would. Maybe they won't because of gas prices. Anyway, the only way to answer these questions is for the one of the Board members to contact Joyce and get some answers.
Regarding this fellow from Stockings: I hope it works out. [but I'm taking bets, 2 to 1, against it working :)
Carl
-----Original Message-----
From: raymondfordxo@comcast.net [mailto:raymondfordxo@comcast.ret]
Sent: Thursday, May 01, 2008 3:01 PM
To: Carl Dimock; 'Edward Williams'; 'Sherri Lindsay'; ssfleming@comcast.net; 'Mary Carson-Ford'; bertholfm@comcast.net
Subject: RE: Financial Disclosure [Now Landscaping thread]
Helll00000 everyone..
I have a possibility with a gentlemen that works for stockings nursery right here is Sultan So yes let the landscapes deal with it tempera rally by cutting the grass and doing a spring clean up ... the problem I have with their written quote is that it is so vague ... I have never seen them apply any chemicals as they have stated and if they had they are suppose to put up sign-age to warn people that chemicals have been applied ...
We need to meet regarding this asap.
Raymond
-------------- Original message ---------------------From: "Carl Dimock" <carl@carlandjenna.com>
> Dear Board
> You guys should make a decision as a board about that. I agree that > the value of the landscapers is in question. Just remember there are > 3 or 4 strips on dogwood, 2 or 3 strips between 138th and Beech to > mow. The
trail
> needs cutting back at least once a year, plus blowing the trail off.
> Please consider a couple things about the landscaping. Every board so > far has •had very little luck at finding someone to actually call back > and show up to give a bid [20-30% show up]. Then only 1/3 of those > who show up
will
> call you back or fax you a bid. The last competition for our current > landcapers didn't even give a written bid, it was oral. Our current > landscapers were only a tiny bid higher, but they had a written bid., > and they were willing to go month to month, which allows us to start > when necessary and stop service when the grass stops growing. The
> previous company just disappeared without notice. This company is
> willing go month to month. I would advise doing that for a month or > two while you look for other bids [good luck...]
I
> Another option you could take is to ask Coast Landscapes to clarify
> their month to month contract. Then, if you think they are skipping a
> fertilization, you could call them on it. That also allows you to _ > compare apples to apples when looking at 2 different bids.
> Good luck, and start your search yesterday!
> Carl
Original Message
> From: raymondfordxo@comcast.net [mailto:raymondfordxo@comcast.net]
> Sent: Thursday, May 01, 2008 6:11 AM
> To: Carl Dimock; 'Edward Williams'; 'Sherri Lindsay';
ssfleming@comcast.net;
> 'Mary Carson-Ford'; bertholfm@comcast.net
> Subject: RE: Financial Disclosure
> Good morning,
> Carl I am not in agreement regarding their contract .. I don't see
> value
for
> what we are getting...
> I am looking into a different vendor for handling the grass cutting
> 700 bucks a. month for doing so little is way to much and the contract
> is way
to
> vague in what they are providing...trac 994 is now being cut by Andy
> who lives across the street from myself and I will bring the lawn at
> the park
up
> to snuff myself if needed .. we need to get as much in reserves as possible
> and address the other common areas that need to be finished.
> We also need to have someone come out and get us a worse cause senerio cost
> in bringing the retention ponds up to code and also need to meet with
> the city in addressing the situation that they were never cleaned
> out... I for one wont place my head in the sand and hope this situation goes away...
> Raymond
• Original message
> From: "Carl Dimock" <carl@carlandjenna.com>
> I think we are all in agreement about that. So let's get it done.
> >
> >
> >
> > Also, have the landscapers been called yet? Will the board at least
> > email each other in agreement that Coast Landscapes should be
> contacted and start mowing at their earliest convenience? I've
> > mowed the strip by my house once already, and it's growing like
> > crazy. I wish
> my lawn was that healthy!
> > Coast Landscapes, Joyce 206-459-3007
> >
> >
> >
> > Carl
> >
> >
> >
> > From: Edward Williams [mailto:a_edwill@hotmail.com]
> Sent: Wednesday, April 30, 2008 9:35 AM
> > To: Carl Dimock; 'Raymond Ford'; 'Sherri Lindsay';
2
> > ssfieming@comcast.net; `Mary Carson-Ford'; bertholfm@comcast.net > > Subject: RE: Financial Disclosure
>>
>> >>
> > Thanks Carl! As always your unbiased input is appreciated and welcome.
>>
> > I only wanted to address one issue, and that was my comments about > > "unrestricted access". By this I meant that if I was given copies > > of all of the items, I'd normally have unmonitored unrestricted
> > access since I'd own those copies. I agree that it would be a bad
> > idea to be handing around the original documents anytime anyone asked for there.
>>
> > Thanks again!
>> >> >>
> > Cate: 0
>>
> > Su Jec : Financial Disc osure
> > To: a edwill@hotmail.com; rayinondfordxo@comcast.net;
> > sgreenlindsay@gmaii.com; ssfleming@comcast.net; mary_cf@comcast.net;
> > bertholfm@comcast.net
>> > > > >
>> >> >>
> > here is the full section of the RCWs regarding financial disclosure. > > The Bylaws mirror them in most respects. please read thoroughly:
>>
> > (1) The association or its managing agent shall keep financial and > > other records sufficiently detailed to enable the association to > > fully declare to each owner the true statement of its financial > > status. All financial and other records of the association,
> > including but not limited to checks, bank records, and invoices, in > > whatever form they are kept, are the property of the association. > > Each association managing agent shall turn over all original books > > and records to the association immediately upon termination of the > > management relationship with the association, or upon such other
> > demand as is made by the board of directors. An association managing > > agent is entitled to keep copies of association records. All records > > which the managing agent has turned over to the association shall be > > made
reasonably
> available for the examination and copying by the managing agent.
>>
> > (2) All records of the association, 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 offices of the association > > or its managing agent. The association shall not release the > > unlisted
> telephone number of any owner.
> > The association may impose and collect a reasonable charge for > > copies and any reasonable costs incurred by the association in > > providing access to records.
>>
> > (3) At least annually, the association shall prepare, or cause > > to be prepared, a financial statement of the association. The > > financial statements of associations with annual assessments of
> > fifty thousand dollars or more 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 association at which a quorum is
3
> > present,
vote
> each year to waive the audit.
> > > > (4).The funds of the association shall be kept in accounts in
> the name of the association and shall not be commingled with the
> funds of any other association, nor with the funds of any manager of
> > the association or any other person responsible for the custody of
> such
funds.
> > > [1995 c 283 s 9.]
> >
> > I want to weigh in on future and present financial disclosure action.
> > I have been lobbying on Ed's behalf for him to obtain the full book
> > of financial records for about a week now. I am not at all agreeing
> > with his contentions found in earlier emails. I do not think he has
> > the right to view the book without a chaperone. ONLY because he is
> > a director, and the board affirms it, should he have the privilege.
> >
> >
> >
> > Let me begin with where I believe he has gone astray of our
> > governing documents and WA State laws. He has alluded to his belief
> > that every member of the association should have the ability to hold
> > the originals in hand without a babysitter. There is nothing like
> > that written anywhere [Ed quote
> > 4/28 (bold lettering added by me): I am requesting to review the
> > documents at my leisure as is granted by the documents that govern
> > the BOA. The laws of the Association do not require me to sit in a
> > meeting with either the entire Board or Association and review
> > them.]
The
language above says:
> > "shall be available for examination by all owners_ on reasonable
> > advance notice during normal working hours at the offices of the
> association or its managing agent".] That clearly says that all
> > owners can examine the documents. It never says they shall have the
> right to possess them. Our Bylaws 15.2 say "The Association may
> > impose and collect a reasonable charge for copies and any reasonable
> > costs incurred in providing access to records."
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> > Again, [Ed quote 4/28: The failure to follow the rules governing the
> > Board and its officers and not allowing me unrestricted, unmonitored
> access to them by yourself and Ray has, however, severely impaced
> the relationships among the board members.] It's unclear where Ed's
> > finding
> "unrestricted"
> > and "unmonitiored" in any of the documents.
> >
> > > >
> > Ed quote: My report will be made available to the entire Association.
> > Even if it was for myself only, it is still my right as a member of
> > the association to view the records at my leisure. I would expect
> ALL members of the Association to request the records annually as well.
ays will be in the best interest of the BOA Boar
low the rules set in place to govern them and grant me restricted access to the records.] It never says "unrestricted' ywhere B laws or
4
> > Will they all have the same fight and be forced to view them. under.
> > the supervision of the Board?] Ok. 62 members, 3 days each. 62 X3 > > = 186 days. That would be half the year! Anyhow... Ed's un-edited
> > report can be delivered to the entire association at his own cost and method. > > The emails and phone numbers in the database are property of the > > Association, and should be used as such. If something goes out to > > the whole association via the database without Board approval, it > > would be disappointing. If Ed feels the board won't approve his > > findings for distribution, he has the absolute right to hand deliver > > or mail his own un-edited findings. Just as any homeowner could > > obtain the member's addresses [per the Bylaws 15.2] and mail any > > correspondence they wanted. Will they all have the same fight and > > be forced to view them under the supervision of the Board? YES! Do > > you really believe that the originals should be handed over to > > anyone who asks? Bylaws 9.9"The treasurer shall keep correct and > > complete records of account, showing accurately at all times the > > financial condition of the Association." The treasurer cannot hand > > over the originals anytime someone asks, and "keep correct and > > complete records of account" at the same time! And nowhere is "as a > > member of the association to view the records at my leisure" > > mentioned in our governing documents or the
> RCWs. It would put the Treasurer at risk to hand over the binder to > any member who asked for it.
>> >> >>
> > OK. Now let me get on Ed's side for a moment. I think as a
> > Director, he should be able to take the originals for a few days, > > with one other Board member consenting [majority]. I understand
> > that at this point, it is unanimous amongst the board to facilitate > > that. In the future, though, if a homeowner wants to view
> > everything that Ed has requested [which is anything and everything], > > then the RCWs and our Documents
should
> be followed.
> > "Bylaws 15.2 All financial and other records of the Association are > > the property of the Association and, with the exception of unlisted > > phone numbers, shall be available for examination by all owners..." > > The key word being "examination". That in no way implies > > possession. We don't want to set a precedence with Ed's request > > that anyone can take the originals for a few days. If an average > > homeowner wants to view them "at their leisure", they should ask > > for, pay for, and receive copies. Again let me cite Bylaws
> > 15.2 "The Association may impose and collect a reasonable charge for > > copies and any reasonable costs incurred in providing access to records."
>>
>>
>>
> > So in closing, here is the short of my position [which is just my
> > informed opinion, and not at all protocol]. Ed should be allowed to > > take possession of the original documents, because he is a Director. > > He should not send out a, report using the Association database > > information until the majority of the board agrees with the > > communique. If he feels that the rest of the board is ignoring his > > findings, he can distribute his independent findings door-to-door or > > through the mail, as long as it is clear that is independent of his Board
> of Directors position.
>> >>
> > Ed: Please know that absolutely no one has asked for any financial > > information until right before the last meeting when one member > > asked for just a detailed transaction report, which he received. > > The only other inquiry has been as to whether everyone paid their
> > dues, which did happen last year. I only mention this because your
5
> > inquiry is unique. You've asked for every single record of the
> > Association, bar none. It has been a difficult request to handle by > > a rookie board that is concerned about protocol and precedence. > > Plus the Treasurer has put a lot of work into a binder that she is > > responsible for. She didn't want to hand it all over to someone
> > without a mandate. And she shouldn't have to hand over the originals without a mandate.
> > She could be held liable if records went missing. So now that the > > board looks unanimous [I haven't seen Scott reply yet, but it's not > > needed at this point, since Ray's apology said he was in favor of > > you taking possession for a short time], I hope you can take > > possession for
a
> few days and satisfy your yearning.
>> >> >>
> > I hope this takes up less of your time than mine J. Actually, I > > like
the
> > legalistic side of discussions. My right-brain/logical side gets tc
> > stretch out a bit.
>> >> >>
> > Carl
>> >> >>
> > P.S. You all should see if you can get enough votes to change the
> > Bylaws [75%] to allow you some compensation for you time. And maybe > > make it retroactive so I can get paid for time served.
>>
> > 5.6 Compensation. No director shall receive compensation for any > > service the director may render to the Association as a director. > > However, any director may be reimbursed for actual and necessary > > expenses incurred in the performance of duties as a director.
>> >> >> >> >> >> >> >> >>
> > to:aedwill@hotmail.com]
> > Sent: 1:32 AM
> > To: Rand FFord; 'Sherri Lindsay'; ssfleming@comcast.net; 'Mary > > Carson-Ford'; 'Carl Dimock'; bertholfm@comcast.net
> > Subject: RE: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER
> > REPLYS ! ! : ) ~^ n a
> > ,V' I
> >
> > In a meeting environment I would be unable to concentrate and
> view the documents in an efficient manner. Being in a room, wit
> rson who seems ripe with drama and a fast temper does not provi
> good environment for working.
> I am a team player. I have offered to allow the board to revie
> findings and offer comments and answer any questions.
> ) Had I been allowed my right to review the documents been grant
> ithout the hassle created by Ray there would be no drama. It wa
> ple request.
f
mike that
> > the rules of my review of the documents. I offered to do my review
> > and pass it on to the Board, but apparently "team" means doing
> > things
> Ray's way.
> > 5) Ray mentioned I was "...arrogant, self-righteous..." and > apparently not a team player. Last time I checked as a team we'd do
> > things together. I noticed both in your mail dated 4/14 to Mr.
> > Beeler as well as on the Bank of America account prior to the board
> > meeting on
> > 4/22 you listed yourself as President of the Homeowner's Association > Since we had not even voted on titles yet does this qualify?
> > 6) Ray's wording has tried to make me look like the bad guy in all
> messages.
> I've reviewed the messages a number of times and cannot find
> > anything that would be considered "rude", only "demanding", that
> > being my statement "making my second and final formal request".
> > Compare that to being called "...arrogant, self-righteous, impatient and rude..."
> > and I'm sure the difference between "rude" and "demanding" are clear.
> >
> This issue has obviously been between Ray and myself from the onset.
> > I apologize to the rest of you who keep getting added to the thread.
> I would have hoped for a more professional transaction in order to
> save the association the cost of a court trial.
> >
> >
> >
> > From: a_edwill@hotmail.com
> > To: raymondfordxo@comcast.net; sgreenlindsay@gmail.com;
> > ssfleming@comcast.net; mary_cf@comcast.net; carl@carlandjenna.com;
> bertholfm@comcast.net
> Subject: RE: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER
> > REPLYS!! :)
> > Date: Mon, 28 Apr 2008 10:30:38 -0700
> >
> I have started nor continued any drama. I've simply asked for the
> > paperwork as is my right and have been refused. You are the one who
> > has blown this out of proportion and brought it to a childish level.
> >
> > It is apparent you are unable to follow the rules set forth by the
> > RCWs. I will be filing in Snohomish County Court for the immediate
> > release of all financial records, which I am very certain will come
> > out favorably for me given the concise simple wording of the RCWs.
> > > I was hoping it wouldn't come to this but you've given me no choice.
> > I'll see you in court.
> >
> >
> > > From: raymondfordxo@comcast.net
> > To: sgreenlindsay@gmail.com; a_edwill@hotmail.com;
> ssfleming@comcast.net; mary_cf@comcast.net; carl@carlandjenna.com;
> > bertholfm@comcast.net
> > Subject: RE: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER
> > REPLYS!! :)
> > Date: Sun, 27 Apr 2008 20:04:30 -0700
> >
> > People,
> >
> >
> >
> > Lets all be clear .... the drama that has been created has
> > originated from one source ... the board is formed for a reason . > >
> > We will hold a meeting at which time the ledger will be made
> > available for Ed to review ... I have never seen so much drama
> >
> > created over an issue and as far as I am concerned this is finished 7
> > and I will not revisit the subject until the meeting is held
>> >> >>
> > No Ed we are not attempting to block you .. it is interesting how
> > several people have been stressed by the situation and
>>
> > enough is enough .. personally I am going to have a difficult time
> > dealing with the drama caused by yourself if this is how
>>
> > any issue is going to be dealt with .. its not a personal attack
> > it is reality with several personal on this board.
>> >> >>
> > Again I state this is a TEAM player position .... so if your
> > willing to play great ...if not then you decide if you continue to
>>
> > want to be involved and thanks for the drama filled last 3 days _ - I
> > only hope that you are as good at expending energy
>>
> > when you get down and dirty picking up a shovel ...
>> >> >>
> > Sherri ... I am greatly sorry for the stress this has caused you and
> > your family ..
>> >> >>
> > Raymond
>>
>
>> >> >>
> > fom]
>>
> >6 Edward Wi _i.ams; Raymond Ford; ssfleming@comcast.net; Mary
> > Carson-Ford; Carl Dimock; bertholfm@comcast.net
> > Subject: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER REPLYS!!
> > :)
>>
> > Again - this is the official email reply to Ed's last email - not
> > other replys are final and should be discarded.
>> >> >>
> >
> > Thank you very much for itemizing the records you would like to > > review. I feel that your detailed request and objective as I > > understand it are definitely appropriate.
> > i.on regulations s L _a ;. /' (J W ~'`~'`~
> > (as cne yemc w o . as custody of the records) must provide all Qn and /~
> > financial records during the association or "agent's" work hours an > > in a reasonable time period. The reasons
> >
> > r s so they would be readily ava_« e a e HOA > > meeting on Wednesday, and understood the regulations to say that I > > must relinquish the records to the "Board" of Directors" and not
> > just "a director". Also, I was not sure if we were doing a "formal > > audit" or
the
8
> Board was just going to review the books.
> >
> > > > TO ALL RECEPIENTS - BOARD, PRIOR BOARD, AND OFFICERS I have been
> > thinking about the many emails and came to the conclusion that the
> > primary objective here is to represent the homeowners as they are
> > both our customers and a part of the BOA team. In a team
> > environment, all members must be informed of understand the final
> > objective(s). I found that ensuring a team not only has a. clear
> > understanding of the project endpoint, but also the reason(s) behind
> > the objective. This results in an organized, effective, and
> > efficient process leading to a successful completion of the project-
> > Understanding why an objective must be met allows a person to
> > identify the key role they play in the process and feel that they
> > are an asset to the team. This method of completing a project
> > produces the better results, allows for further development of the
> > team, results in a more informed endpoint, and
becomes
> a resource that benefits the entire team.
> >
> > I mention the above team oriented process because the objective that
> > you have outlined would also be beneficial to the other two
> > Directors of the Board and Officers. If we review the financials as
> > a group, the end product will provide resources to assist the new
> > Directors in developing the current and future association
> > objectives. This in turn will insure that all homeowners (team
> members) feel informed of the BOA objectives and are able to
> > identify the reasons for the established the goals and what part
> they could play to meet the
> objective(s).
> >
> > Ed, Ray, and Scott I am requesting/suggesting that a Board
> > meeting be scheduled to review the financial records. I feel that
> > the results of the review will be a resource for future budgets and expenditures.
> >
> > If Carl and Mary, as past directors, would be so kind to attend the
> meeting as they managed the overall expenditures to reflect the
> > budgets approved by the homeowners.
> >
> > Ed - Maybe the meeting could be at your house in case you want a
> copy of a document(s). I don't think that a duplicate copy of the
> > entire financial binder would be cost effective as the documents
> > should be shredded anyway because it is imperative that there is
> > only one financial binder to prevent any future inconsistencies.
> >
> > I am available next weekend on Sunday for a meeting - later in the
> > afternoon for those who have other engagements in the morning. This
> will allow time for me to put together packets for everyone to have
> > an efficient, effective meeting. I also must focus on my job this
> week and only my job to catch up on reports.
> >
> > I could start with a quick overview of the financial history with
> > Carl and Mary available to clarify if needed. Then we could have
> > some time for everyone to further investigate any questions they may
> > have. The objective of this meeting would be to assure all team
> > members feel informed and are able to use the results as a resource going forward-
> >
> > Thanks for your time!
> > Sherri
> >
> > >
9
Raymond Ford 7
tl
From: Sherri Lindsay [sgreenlindsay@gmail.com] Sent: Monday 008 8:05 PM
To: raymondfordxo@comcast. net
Cc: ssfleming@comcast.net; Mary Carson-Ford; Carl Dimock; bertholfm@comcast.net Subject: Re:
Thank you, Ray. We all have our frustrated moments when our emotions take the best of us. I accept your apology and hope that you and all others involved, in turn, accept mine as I vented a bit via email just prior to reading your email.
Maybe we will all be able to settle our differences and have a HOA group hug.. .in a month or two :)
On 4/28/08, _ „ ; _ _, `, <flT1 > wrote: Hey Ed (and all involved),
i wanted to apologize for my earlier email. I know that you and I don't see eye to eye. I just had had enough all the dialogue. I was already planning on retracting some of my earlier statements but I had to fly out at noon today and didn't get a chance. Now that I've read your latest email ... I wanted to respond as soon as possible.
First off, I believe you are concerned about expenditures ? A run through the courts is probably not what you want to do. It's an unnecessary cost for both you and the Association. So let's try to work something out. Besides, the Treasurer has already said you could have access to the records. So
should be done ... how people should be approached ...we are suppose to work together lam not going to start to point fingers again because that isnt going to solve anything..
0 it would appear that we differ on several issues ...
N,
I think that you and I are not going to be friends in the end, but I'd like our relationship to at least be cordial. So I'm hoping that once this financial records issue is out of the way, we can serve the remainder of our terms in a civilized way.
I too have personell issues in my life .. my brother who is very close to me ( his wife) is about to pass from a very long battell with breast cancer ... this alone is extremly stressful ...
Again, I'm sorry that it got personal, and I'd like to move forward from here. It looked like we were
r
eage 2 01
about to do that, but I let some of my frustration vent out last night. I'll do my best to keep it to a minimum from now on.
Regards,
Ray
P.S. apologies to rest of you as well.
5/21/2008
Raymond Ford
Sent:
To: Edward Williams; Raymond Ford; Carl Dimock; ssfleming@comcast.net; bertholfm@comcast.ne!
Subject: Update: Request for association financial records
Hi Board of Directors and Secretary of the Board,
I just wanted you to know that I am aware of the many emails that have been going around for the last few days. My plan is to review the emails and Association regulations when I have the chance today or tomorrow morning. At this point, I am not sure what the Board of Directors and/or Ed as one of the Directors are asking of me regarding the financial records. It appears that everyone agrees that a "formal audit" must be done by an independent CPA if our financial account is worth $50K or more or as a result of a vote by the association homeowners (>/= 51 %/quorum).
I think when we begin referencing legal documents and regulations we need to pay careful attention to the terminology that is used in such a request. I am sensitive to the connotation of the word "audit" since my career involves participating in US FDA Good Clinical Practice and Global ICH Audits. My prior position at the University of Colorado (-3 years ago until we moved to WA) required me to write, negotiate, and maintain budgets from Federal entities. As federal grants are tax-payers money at work, the Feds perform "formal audits" of grant financial records annually. Some of the grant budgets and contracts I managed involved over one million dollars and years of work. Therefore, I had the pleasure (?) of working with government entities such as the National Institutes of Health (NIH) on a regular basis as these audits were conducted. Long story short... please excuse me if I am careful with the word "audit".
pharmaceutical chemist in my first life (pre 28 yrs of age - by the way, I am still 28 if anyone asks..), I can be quite a stickler when it comes to details. With that said, I do think that your request(s) have appeared (and felt) as attacking, demanding, and intrusive; and, therefore, have resulted in speculation of a personal agenda.
Please be aware that my intent is not and has never been to block access or deny Ed's request for the association's financial status. I have not been as readily available as usual (even on weekends) because I have been forced to live and breath my job and only my job. I am quite behind with my actual "bring home the money" job. I think I may have mentioned that my company actually arranged for my travel to be covered by others this week and next week to allow me to focus on my many, many outstanding reports. The month of April and soon the beginning of May have been very unusual in that I have been required to conduct many more audits than normal resulting in a backlog of work.
I hope this email provides some insight into what I have accomplished and the time frames required currently for association requests. It would be very helpful, Ed, if you would elaborate on what questions or concerns you have after reviewing the line item report generated by Quickbooks. If you provide me a reference point to begin with your request, this process will go much more smoothly and quickly. Your being candid with all of the directors and officers regarding your objective and questions which are coming up for you when reviewing the information will reduce the concern of a personal
511)1 P7nng
agenda and prevent all homeowners from becoming concerned about dissension amongst the Board.
u will humor me by considering the following example, I will move on to my reports`` d en to the financial requests... When clinical research facilities, offices, hospitals are notified by A of an impending audit, they are provided a formal written letter about a week ahead of time lining exactly what patient charts/information they plan to review (i.e. patient ABC's medical search records between the time period y and z). Therefore, the investigator is able to provide all propriate information in order to facilitate the audit and is available to answer any questions or cl y queries that the auditor may have. The auditor has the right to expand the audit to other patients' dies, etc while on site if they feel there are concerns or if they feel the need to review more ormation and be well informed before writing their report. If the audit expands and/or problems
ound, which very rarely happens anymore, then a whole swat team of FDA auditors in black wool su d absolutely no personality or sense of humor show up and the fun begins! :) When thinking about is analogy, let's imagine an alternate scenario - if FDA audits were conducted by some auditor(s)
showing up at a research hospital that has done many trials for many years and saying we are here to udit your research practice. When the audit is complete two years later, when looking back on the rocess and results one would find that the audit was very inefficient and resulted in no real take horn
esson to further clinical research. Let's not forget that as I mentioned above, it is VERY seldom that
heir are negative citings resulting from FDA audits of clinical drug trial research. Thanks for humori
Thanks! Sherri
c,(
E nrwto
1 CL6. i va —~
Raymond Ford
From: Sherri Lindsay [sgreenlindsay@gmail.com]
Sent: Sunday, April 27, 2008 11:16 AM
To: Edward Williams
Cc: raymondfordxo@comcast.net; carl@carlandjenna.com; ssfleming@comcast.net; bertholfm@comcast.net; Mary Carson-Ford
Subject: Re: Update: Request for association financial records
Hi Ed,
Thank you very much for itemizing the records you would like to review. I feel that your detailed request and objective as I understand it are definitely appropriate.
I want to clearly state that I have not at any time "refused access of the records" to you. The association regulations state that I (as the agent who has custody of the records) must provide all financial records during the association or "agent's" work hours and in a reasonable time period. The reasons I have not handed over the financial records to you in the last couple of weeks is due to my travel schedule, experiencing medical problems, maintaining custody of the records so that they would be readily available at the HOA meeting on Wednesday, and understood the regulations to say that I must relinquish the records to the "Board" of Directors" and not just "a director". Also, I was not sure if we were doing a "formal audit" or the Board was just going to review the books.
I have been thinking about the many emails and came to the conclusion that the primary objective here is to represent the homeowners as they are both our customers and a part of the HOA team. In a team environment, all members must be informed of understand the final objective(s). I found that ensuring a team not only has a clear understanding of the project endpoint, but also the reason(s) behind the objective. This results in an organized, effective, and efficient process leading to a successful completion of the project. Understanding why an objective must be met allows a person to identify the •key role they play in the process and feel that they are an asset to the team. This method of completing a project produces the better results, allows for further development of the team, results in a more informed endpoint, and becomes a resource that benefits the entire team.
I mention the above team oriented process because the objective that you have outlined would also be beneficial to the other two Directors of the Board and Officers. If we review the financials as a group, the end product will provide resources to assist the new Directors in developing the current and future association objectives. This in turn will insure that all homeowners (team members) feel informed of the HOA objectives and are able to identify the reasons for the established the goals and what part they could play to meet the objective(s).
Ed, Ray, and Scott = I am requesting/suggesting that a Board meeting be scheduled to review the financial records. I feel that the results of the review will be a resource for future budgets and expenditures.
If Carl and Mary, as past directors, would be so kind to attend the meeting as they managed the overall expenditures to reflect the budgets approved by the homeowners.
Ed - Maybe the meeting could be at your house in case you want a copy of a document(s). I don't think that a duplicate copy of the entire financial binder would be cost effective as the documents should
ch1 i')nnQ
be shredded anyway because it is imperative that there is only one financial binder to prevent any future inconsistencies.
- - - later in the afternoon for those who have
other engagements in the morning. This will allow time for me to put together packets for everyone to have an efficient, effective meeting. I also must focus on my job this week and only my job to catch up on reports.
I could start with a quick overview of the financial history with Carl and Mary available to clarify if needed. Then we could have some time for everyone to further investigate any questions they may have. The objective of this meeting would be to assure all team members feel informed and are able to
use the results as a resource going forward. A ,c4c0 (curt I kLe_.— 1 5
Thanks for your time! 'AO+ A`r 41f)
Sherri
On Sat, Asr 26, 2008 at 11:02 PM
been received/spent and prepare a detailed line-item report of such. I would of course email a ow someone to explain if I saw something weird or had any questions; this is not a witch hunt. ye no intent to try to make a ruckus or cause discord, I'd thought I've been very calm.
I pologin once again if rudeness was read into my entails, I didn't think they were written that
y (I don't fluff them up, I'm typically to the point) but when I was refused access to the records f t as if my rights as a both a director and a member of the association were being ignored and fel
anding such was justified and appropriate.
neither angry nor upset with the exchange to date. I've not insulted anyone or taken an abusive e. I've always been, both in this and other areas, calm and driven to achieve my goals. I'm not mg to single anyone out for an attack, I have no political agenda. I just want an accurate, detaile
iCrwS-Vr44
What I'm looking for as far as records are:
• Receipts turned in for reimbursement
• Any accounting ledgers
• Anything documenting the two or three board members who voted to approve the expenditure
(if not a budget item, otherwise I'll just match against the meeting minutes/budget allocation)
• Copies of checks (if we keep copies locally)
• Bank statements to match against Quickbooks.
Thanks!
Date: Sat, 26 Apr 2008 15:45:45 -0700
From: ss-,7"'-' C-7,'^',7 •
To:
Subject: Update: Request for association financial records
Hi Board of Directors and Secretary of the Board,
ro
'5/21/700R
I just wanted you to know that I am aware of the many emails that have been going around for the last few days. My plan is to review the emails and Association regulations when I have the chance today or tomorrow morning. At this point, I am not sure what the Board of Directors and/or Ed as one of the Directors are asking of me regarding the financial records. It appears that everyone agrees that a "formal audit" Must be done by an independent CPA if our financial account is worth $50K or more or as a result of a vote by the association homeowners (>/= 51 %/quorum).
I think when we begin referencing legal documents and regulations we need to pay careful attention to the terminology that is used in such a request. I am sensitive to the connotation of the word "audit" since my career involves participating in US FDA Good Clinical Practice and Global ICH Audits. My prior position at the University of Colorado (-3 years ago until we moved to WA) required me to write, negotiate, and maintain budgets from Federal entities. As federal grants are tax-payers money at work, the Feds perform "formal audits" of grant financial records annually. Some of the grant budgets and contracts I managed involved over one million dollars and years of work. Therefore, I had the pleasure (?) of working with government entities such as the National Institutes of Health (NIH) on a regular basis as these audits were conducted. Long story short._. please excuse me if I am careful with the word "audit".
Ed, I believe that you are asking to review the association's financial records as opposed to requesting an "audit". I believe that you do have this right as a homeowner. Furthermore, as you said, you work with detailed information on a daily basis and have the need to feel well informed with a review. As a pharmaceutical chemist in my first life (pre 28 yrs of age - by the way, I am still 28 if anyone asks..), I can be quite a stickler when it comes to details. With that said, I do think that your request(s) have appeared (and felt) as attacking, demanding, and intrusive; and, therefore, have resulted in speculation of a personal agenda.
Please be aware that my intent is not and has never been to block access or deny Ed's request for the association's financial status. I have not been as readily available as usual (even on weekends) because I have been forced to live and breath my job and only my job. I am quite behind with my actual "bring home the money" job. I think I may have mentioned that my company actually arranged for my travel to be covered by others this week and next week to allow me to focus on my many, many outstanding reports, The month of April and soon the beginning of May have been very unusual in that I have been required to conduct many more audits than normal resulting in a backlog of work.
I hope this email provides some insight into what I have accomplished and the time frames required currently for association requests. It would be very helpful, Ed, if you would elaborate on what questions or concerns you have after reviewing the line item report generated by Quickbooks. If you provide me a reference point to begin with your request, this process will go much more smoothly and quickly. Your being candid with all of the directors and officers regarding your objective and questions which are coming up for you when reviewing the information will reduce the concern of a personal agenda and prevent all homeowners from becoming concerned about dissension amongst the Board.
Lastly, if you will humor me by considering the following example, I will move on to my reports and then to the financial requests... When clinical research facilities, offices,
S/?1(2dlfR
hospitals are notified by the FDA of an impending audit, they are provided a formal written letter about a week ahead of time outlining exactly what patient
charts/information they plan to review (i.e. patient ABCs medical research records between the time period y and z). Therefore, the investigator is able to provide all appropriate information in order to facilitate the audit and is available to answer any questions or clarify any queries that the auditor may have. The auditor has the right to expand the audit to other patients, studies, etc while on site if they feel there are concerns or if they feel the need to review more information and be well informed before writing their report. If the audit expands and/or problems are found, which very rarely happens anymore, then a whole swat team of FDA auditors in black wool suits and absolutely no personality or sense of humor show up and the fun begins! :) When thinking about this analogy, let's imagine an alternate scenario - if FDA audits were conducted by some auditor(s) showing up at a research hospital that has done many trials for many years and saying we are here to audit your research practice. When the audit is complete two years later, when looking back on the process and results one would find that the audit was very inefficient and resulted in no real take home lesson to further clinical research. Let's not forget that as I mentioned above, it is VERY seldom that their are negative citings resulting from FDA audits of clinical drug trial research. Thanks for humoring me!
I'll get back to everyone after I have reviewed all of the emails and hopefully received a more detailed, concise request. Then we can all put on our black wool suits and get the party started!
Thanks! Sherri
5/21/2008
FW: Re: report Page 1 of4
FW: Re: report
r.bertholf@comcast.net [r.bertholf@comcast.net]
Sent: Wednesday, July 16, 2008 5:47 PM
To Debra [debra@marrsoftware.com]; Arley Ballenger [arley@marrsoftware.com]
-------------- Forwarded Message: --------------
From: "Greg Lindsay" <greg@gregandsherri.org>
To: "Raymond Ford" <raymondfordxo@comcast.net>, "'Carl Dimock" <carl@carlandjenna.com>, "Greg Lindsay" <greg@dim.com>, "Mary Carson-Ford" <mary_cf@comcast.net>, "Ron Bertholf' <r.bertholf@comcast.net>, <ssfleming@comcast.net>, "Sherri Lindsay" <sgreenlindsay@gmail.com> Subject: Re: report
+0000
rri showed the letter to me, and— y suggestion is that
it be changed to simply state that he is being removed from the boa
that it is
a sou a o o unnecessary conflict. The longer this goes on the worse it is going to get. It's like driving around on a flat tire until you're down to the rim. Sure, you can still get around
the block but it ain't pretty.
I think Ray's first email below was cordial and made a reasonable request. To paraphrase: "Hi - I'm requesting you give us your findings and remove the inflamatory statement you made on the public forum."
-Greg
----- Original Message -----
From: Raymond Ford
To: 'Carl Dimock ; Greg Lindsay; Mary Carson-Ford ; Ron Bertholf ; ssfieming@comcast.net ; Sherri Lindsay
Sent: Thursday, July 10, 2008 4:47 PM
Subject: FW: report
httnc-//mail cvmhincic_terhnnlnavrnm/nur,/7aa—TtamRrt—TPMNntaRrirl—RnAAAAC`OZAcy 7/1 F./?(1l12
FW: Re: report Page 2 of 4
rimisamirmenigosi &,E ccI
supswom Poe
ammot
From: Raymond Ford [mailto:raymondfordxo@comcast.net] Sent: Thursday, July 10, 2008 4:46 PM
To: 'Edward Williams'
Subject: RE: report
Hi Ed,
To be fair and it is in your right to receive at your cost a copy of the " binder " and this email isn't intended to be rude
or in your face ... you demanded that you receive the binder .... why ? ... what was your hurray ?
Now nothing ... no your not missing anything Ed ... I am requesting a closure date and I thought that my last email
was to the point.
Really Ed why did you bother getting involved in the HOA ?
You seem like a nice guy before the fact and by the way do you know who has a Wi-Fi access called theHOAiscrooked ?
Do you still wish to be involved in the HOA ?
I happen to put a ton of time into our community and get a lot of satisfaction from giving to people.
I'll do it when I have free time. There is nothing relating to this anywhere in the CCRs, except that it needs to be done yearly by the board (which has never been done and this was not a task assigned by the board). Since I'm doing this as a member of the association for my own use (or for other members who wish to have a copy) I'm under absolutely no deadline.
To be fair the CCRs state that an audit by an outside accountant that is hired by the HOA if the amount received by the HOA is greater than 30,000
per year and that is the only time that an audit is required.
If this is simply for your own use then why the big drama when you first got involved ?
My gut feelings are that you looked over the reports found nothing and are at a loss of what to do now ? Are you going to wait a full year to pass ... I feel its fair to put a dead line on this matter and have it closed once and for all.
Feelings ... thoughts ?
Regards,
Raymond
_edwill@hotmail.com] PM
ymon Subject: RE: report
Are you talking about "I'll update the status as soon as I have possession of the documents.."? That's the last statement on the public forum.
Unless I'm missing something nothing says anything about the 16th of July. I wish you'd get to the point. To be fair I went ahead and posted a follow-up stating I received the documents and that I'll eventually do
https://mail.symbiosis-technolo2v.corrilowaflae=Item&t—TPM_Note&id=R (rA A A ACvS7tcr 7/16/WR
FW: Re: report Page 3 of 4
the report.
CC: ssfleming@comcast.net
Subject: RE: report
Date: Thu, 10 Jul 2008 13:40:32 -0700
L~
We never stated that we didnt want you to have the binder ... only that we didnt know how to go about it.
Have a read of your last statement on the public forum.
From: Edward Williams [mailto:a_edwill@hotmail.com] Sent: Thursday, July 10, 2008 1:27 PM
To: Raymond Ford
Subject: RE: report
I'll do it when I have free time. There is nothing relating to this needs to be done yearly by the board
Since I'm doing as a member o the association for wish to have a cop
CC: ssfleming@comcast.net
iii~-0
Thanks,
Raymond
From: Edward Williams [mailto:a_edwill@hotmail.com]
I Q$fr /Y4
-e Lf
in the CCRs, except that it
my own use (or for other members who
httns://mail.svmbiosis-technolouv.com/owa/?ae=Item&t=IPM.Note&id=RgAA AACV S7tg. _. 7/16/2009
FW: Re: report Page 4 of 4
Sent: Thursday, July 10, 2008 1:10 PM To: Raymond Ford
Subject: RE: report
Feel free to request. That's your right.
CC: ssfleming@comcast.net Subject: report
Hello Ed,
Good day..
your comments from the public forum on the SHHOA website ASAP.
Look forward to your report and bring this matter to a close.
IMMosimma
411111111111119
https://mail.symbiosis-technology.com/owa/?ae=Item&t=IPM.Note&id—RgAA A ACvS7tu 7/1 6/7fMR
rage ? i'J
Raymond Ford
From: Carl Dimock [carl@carlandjenna.com]
Sent: Wednesday, April 30, 2008 4:46 PM
To: 'Edward Williams'; 'Raymond Ford'; 'Sherri Lindsay'; ssfleming@comcast.net; 'Mary Carson-Ford'; ~!
bertholfm@comcast.net !\
Subject: RE: Financial Disclosure
.,. y - :'cv Coast Landscapes, Joyce
206-459-3007
From: Edward Williams [mailto:a_edwill@hotmail.com]
Sent: Wednesday, April 30, 2008 9:35 AM
To: Carl Dimock; 'Raymond Ford'; 'Sherri Lindsay'; ssfleming@comcast.net; 'Mary Carson-Ford'; berthotfm@comcast.net
Subject: RE: Financial Disclosure
Thanks Carl! As always your unbiased input is appreciated and welcome.
I only wanted to address one issue, and that was my comments about "unrestricted access". By this I meant that if I was given copies of all of the items, I'd normally have unmonitored unrestricted access since I'd own those
copies. I agree that it would be a bad idea to be handing around the original documents anytime anyone asked for them.
Thanks again!
Date: Wed, 30 Apr 2008 00:25:42 -0700
From: earl@carlandjenna.com
Subject: Financial Disclosure
To: a_edwill@hotmail.com; raymondfordxo@comcast.net; sgreenlindsay@gmail.com; ssfieming@comcast.net; mary_cf@comcast.net; bertholfm@comcast.net
(1) The association or its managing agent shall keep financial and other records sufficiently detailed to enable the association to fully declare to each owner the true statement of its financial status. All financial and other records of the association, including but not limited to checks, bank records, and invoices, in whatever form they are kept, are the property of the association. Each association managing agent shall turn over all original books and records to the association immediately upon termination of the management relationship with the association, or upon such other demand as is made by the board of directors. An association managing agent is entitled to keep copies of association records. All records which the managing agent has turned over to the association shall be made reasonably available for the examination and copying by the managing agent.
(2) All records of the association, including the names and addresses of owners and other occupants of the lots, shall be
r 1gG G 'J1
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 offices of the association or its managing agent. The association shall not release the unlisted telephone number of any owner. The association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the association in providing access to records.
(3) At least annually, the association shall prepare, or cause to be prepared, a financial statement of the association. The financial statements of associations with annual assessments of fifty thousand dollars or more 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 association at which a quorum is present, vote each year to waive the audit.
(4) The funds of the association shall be kept in accounts in the name of the association and shall not be commingled with the funds of any other association, nor with the funds of any manager of the association or any other person responsible for the custody of such funds.
[1995 c 283 § 9.]
ern3:7:5_
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notice during normal working hours at the offices of the association or its managing agent".: :
5 7- t'ev 7.-1= = — • '
'The Association may impose and collect a reasonable charge for copies and any reasonable costs incurred in providing access to records."
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15.2 All financial and other records of the Association are the property of the Association and, with the exception of unlisted phone numbers, shall be available for examination by all owners...'
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may impose and collect a reasonable charge for copies and any reasonable costs incurred in providing access to records."
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5.6 Compensation. No director shall receive compensation for any service the director may render to the Association as a director. However, any director may be reimbursed for actual and necessary expenses incurred in the performance of duties as a director.
From: Edward Williams [mailto:a_edwill@hotmail,com]
Sent: Monday, April 28, 2008 11:32 AM
To: Raymond Ford; 'Sherri Lindsay'; ssfleming@comcast.net; 'Mary Carson-Ford'; 'Carl Dimock';
rage Vx.
bertholfm@comcast.net
Subject: RE: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER REPLYS!! :)
Before I file I thought it useful to explain the following items:
1) In a meeting environment I would be unable to concentrate and review the documents in an efficient manner. Being in a room with a person who seems ripe with drama and a fast temper does not provide a good environment for working.
2) I am a team player. I have offered to allow the board to review my findings and offer comments and answer an • uestions.
It was a simple reque
4) Ray mentions being a "team" player but has been the one dictating the rules of my review of the documents. I offered to do my review and pass it on to the Board, but apparently "team" means doing things Ray's way.
) Ray mentioned I was "...arrogant, self-righteous..." and apparently not a team player. Last time I checked as a team we'd do things together.
ve reviewed the messages a
number of times and cannot find anything that would be considered "rude", only "demanding", that being my statement "making my second and final formal request". Compare that to being called "...arrogant, self-righteous, impatient and rude..." and I'm sure the difference between "rude" and "demanding" are clear.
This issue has obviously been between Ray and myself from the onset. I apologize to the rest of you who keep getting added to the thread. I would have hoped for a more professional transaction in order to save the association the cost of a court trial.
41111M1111.111.11111111
1.111.111111111111.1.11.11101Maray@gmail.com; ssfleming@comcast.net; mary_cf@comcast.net;
carl@carlandjenna.conn; bertholfm@comcast.net
Subject: RE: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER REPLYS!! :) Date: Mon, 28 Apr 2008 10:30:38 -0700
e been
ou are e one w o
as • own is out o proportion and brought it to a childish level.
It is apparent you are unable to follow the rules set forth by the RCW
I was hoping it wouldn't come to this but you've given me no choice. I'll see you in court.
From: raymondfordxo@comcast.net
To: sgreenlindsay@gmail.com; a_edwill@hotmail.com; ssfleming@comcast.net; mary_cf@comcast. net; carl@carlandjenna.com; bertholfm@comcast.net
Subject: RE: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER REPLYS!! :)
Date: Sun, 27 Apr 2008 20:04:30 -0700
"S.'S C ".:7
gage : va c
Aaik/t
o:sgreenlindsay@gmail.com] da Sent: Sunda April 27 2008 11:26 AM
aymond Ford; ssfleming@comcast.net;
bertholfm@comcast.net
Subject: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER REPLYS!! :)
Again. - this is the official email reply to Ed's last email - not other replys are final and should be discarded.
Hi Ed,
Thank you very much for itemizing the records you would like to review. I feel that your detailed request and objective as I understand it are definitely appropriate.
I want to clearly state that I have not at any time "refused access of the records" to you. The association regulations state that I (as the agent who has custody of the records) must provide all financial records during the association or "agent's" work hours and in a reasonable time period. The reasons I have not handed over the financial records to you in the last couple of weeks is due to my travel schedule, experiencing medical problems, maintaining custody of the records so that they would be readily available at the HOA meeting on Wednesday, and understood the regulations to say that I must relinquish the records to the "Board" of Directors" and not just "a director". Also, I was not sure if we were doing a "formal audit" or the Board was just going to review the books.
iresent theoTi meowners as they are both our customers and a part o he HOA team. In a team environ t'T/0 members must be informed of understand the final objective(s). I found that ensuring a team not only ar understanding of the project endpoint, but also the reason(s) behind the objective. This results in an lanized, effective, and efficient process leading to a successful completion of the project. Understanding objective must be met allows a person to identify the key role they play in the process and feel that the
asset to the team. This method of completing a project produces the better results, allows for further p
teloprrm n~nt of the team, results in a more informed endpoint. and beromec a resource that benefits the e ~—
I mention the above team oriented process because the objective that you have outlined would also be beneficial to the other two Directors of the Board and Officers. If we review the financials as a group, the end product will provide resources to assist the new Directors in developing the current and future association objectives. This in turn will insure that all homeowners (team members) feel informed of the HOA objectives and are able to identify
- /1 ,nnnn
rage 01 o
the reasons for the established the goals and what part they could play to meet the objective(s).
Edr Ray,- and Scott ==. I am requesting/suggesting that a Board meeting be scheduled to review the financial records. I feel that the results of the review will be a resource for future budgets and expenditures.
If Carl and Mani, as past directors, would be so kind to attend the meeting as they managed the overall expenditures to reflect the budgets approved by the homeowners.
plicate copy of the entire financial binder vvou • .e cos e' ective as the documents should be shredded an ause it is imperative that there is only one financial binder to prevent any future inconsistencies.
m available next weekend on Sunday for a meeting - later in the afternoon for those who have other gagements in the morning. This will allow time for me to put together packets for everyone to have an icient, effective meeting. I also must focus on my job this week and only my job to catch up on reports.
could have some ime or everyone to further investigate any questions t ey may have. The objective of ting would be to assure all team members feel informed and are able to use the results as a resource g a rd.
anks for your time! rri
seJeei
So d2Juit,cio-y\, (for‘,
PlA'A
dt,se,,
5 /11 /1(1112
rage x of i v
Raymond Ford
From: Edward Williams [a_edwill@hotmail.corn]
Sent: Tuesday, April 29, 2008 10:54 AM
To: Sherri Lindsay
Cc: Raymond Ford; ssfleming@comcast.net; bertholfm@comcastnet
Subject: RE: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER REPLYS!!:)
You seem to be getting riled up and not reading my emails effectively. How many times have I said I just want an ETA? When I was unable to get one unless I agreed to review the documents in a meeting environment I picked up the paperwork for the justified legal action. Had anyone said "Sure, Ed, no problem. I'll get those to you on May 6th." this would have been a non-issue. Instead its turned into this whole absurd government style cover-your-ass must-have-last-word manipulate-the-facts battle.
I'd be happy to receive the documents tomorrow or Sunday or next Tuesday, whatever. If for some really strange reason you think you need a bodyguard feel free, even though there has never been any threat of force even remotely implied anywhere. It surprises me and is quite unfortunate that in your mind it's gotten to the level that you do not feel comfortable stopping at my door to drop off paperwork.
Date: Mon, 28 Apr 2008 19:56:28 -0700
From: sgreenlindsay@gmail.com
To: a_edwill@hotmaii.com
Subject: Re: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER REPLYS!! CC: raymondfordxo@comcast.net; ssfleming@comcast.net; mary_cf@comcast.net; cart@carlandjenna.com; bertholfm@comcast.net
Ed,
The intent of my prior email was for me facilitate the delivery of the records by obtaining documentation from "the Board" so that I, personally, would feel comfortable with providing HOA financial records to anyone. I would and will continue to request approval before releasing the records to anyone as I do not feel I should be expected to be solely responsible for the HOA to comply with the governing documents. My understanding of "the Board" is two or more directors. With you being a director, I requested at least one additional director. I am quite sure that Ray or Scott will confirm via email soon.
I will most likely drop the records off to you tomorrow evening pending confirmation from my husband that he will be able to accompany me. I am postponing other more important priorities to deliver the records so that I will no longer receive multiple demanding emails that threaten unrealistic court cases, theorize as to whether or not I etc. My time is too valuable, as is yours and the other individuals included in this email thread. Honestly, I have no idea how a wait of four days for financial records from a homeowners' association would result in such concerning legal and philosophical statements and questions...
My hope is that after you complete your review we will all be able to serve as directors/officers for the HOA in a positive manner and without animosity.
Following are comments addressing some, but not all, of your responses to my email:
1. I have repeatedly agreed that you have access to the records - per 64.38.045 (2)
— 2. We agree that you have not been denied access (quoted from your email 28-April 2008 at 15:46
3. I have repeatedly said that I will provide the records per 64.38.045 (2)
4. We agree per our emails that not providing the records within 4 calendar days is not
rag z, All iv
unreasonable; therefore your statement from the above referenced email "...
is accurate. As you state in the same email
We have agreed that it has been 4 days since your initial request for supporting documentation.
5. I have not, at any time, stated or communicated via email that access to the records is or will be restricted to Board Meetings; therefore, the following statement in your email referenced above is inaccurate -
6. The HOA governing documents do not support the following statement from the above referenced
Instead, the document states "during normal working hours at the offices of the association or its managing agent."
7. Per #4 of this list, the following statement from the above referenced email is irrelevant - "
8. Your following statement contradicts your statement referred to in #4 of this list:
As such, your
of the records within a time frame we agree (per #4 of this list) is not unreasonable, is concerning and worrisome to me.
9. The answer to your following question is as stated in #4 of this list "
To clarify, four days is not
unreasonable; therefore, I would be surprised if the individual would take the time to to examine the records.
10. The following statement -- - - -
I am sorry you feel that I have in any way restricted your access to the records. Honestly, the only reason that it has been 4 days since your request is that I have had other priorities to attend to and felt that 7-10 days would be an appropriate turn around time for your request.
(2) All records of the association, 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 offices of the association or its managing agent. The association shall not release the unlisted telephone number of any owner. The association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the association in providing access to records.
On 4/28/08, Edward Williams wrote:
Date: Mon, 28 Apr 2008 15:56:46 -0700
From: s:-cE- CC
To:
Subject: Re: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER REPLYS!! :)
CC: •;
Hi Ed,
I just signed in to my email account to quickly scan emails regarding HOA activity. I have only scanned the emails as I never check my personal email account during work hours for my job. My company has cleared my travel
schedule for a week to catch up on reports and I intend to use this time as such. As we all know, this is a volunteer position and not a part-time job.
With that said, I will quickly respond to my quick scan of recent discussions:
1. There is no need for for a lawsuit. I have never denied you or anyone else access to the HOA financial records. I also haven't seen any emails from anyone else blocking access. Therefore, it is not clear to me why a lawsuit would be something you would consider. I am not sure why we would take time out of our busy schedules to go to court. This issue would be behind us if we could just use what little time we have reviewing the financials in a board meeting instead of spending time filing a grievance in Court.
From my point of view, it appears that somehow the intent for a HOA and a HOA Board of Directors has been ignored.
2. I granted you access to our Quickbooks account within 2 hours of receiving your email address.
Quickbooks is the tool I use to manage the financial activity of the HOA as it provides a detailed line item report and is setup to automatically reconcile all transactions electronically by accessing our Bank of America account. I use this tool to reconcile the account each month instead of maintaining a paper ledger. We have not duplicate the ledger itemizing expenditures or incoming funds as Quickbooks is much more efficient. Reconciling the account electronically through Quickbooks and Bank of America allows all directors to view the financial activity at anytime. An audit trail of each reconciliation can be accessed through Quickbooks.
3. After your review of our official electronic financial records in Quickbooks, you requested to see receipts via an email to me on Apr 24,
Page 4 of 10
2008 at 10:38 AM (which is only 4 days ago). I don't think that my inability to provide you with the receipts in the last 4 days is unreasonable. During that time I suggested that we meet as a team to review the records as I think it would be beneficial for everyone, including all Sky Harbor homeowners, as looking back at the first 3 years of the association will provide valuable information going forward.
sappoin mg a
e review o the recor s pear e ore is being ignored due to insignificant trees. I would hope as a homeowner that you choose to use the time allotted for reviewing the financial records with an objective that moves the association forward and not miss the forest for the trees.
With that said
I thintliartifillies ngwviewreceii-retffrie uickbooks financial ledger is appropriate. I was just suggesting that we think about the best way to conduct the review so that it is beneficial to everyone instead of just requiring a massive amount of time and resources for the benefit of only one homeowner.
Since the homeowners recently received a financial status report at the recent annual HOA meeting and voted on a new budget for the upcoming year, the financial plan that will be reviewed has been superseded. Hence the reason I have stated that I will be happy to provide the requested documentation this coming weekend. As it appears that this will be an individual review instead of a Board review, I just require one or more of the remaining directors to confirm the records are to be transferred from my custody to yours for a review. Then, Ed, if you feel that your review must be conducted immediately and is urgent enough that you can not wait until the weekend, I will do my best to accommodate you.
Lastly, I want to make it clear that the past directors and I are not at all concerned, what so ever, of "what you may find". As I know that one would
be hard pressed to find anyone with anywhere near the knowledge Carl, along with the other prior directors, has of the HOA budgets and regulations.
Kind regards, Sherri
On 4/28/08, Edward Williams < _ ::> wrote:
Before I file I thought it useful to explain the following items:
1) In a meeting environment I would be unable to
concentrate and review the documents in an efficient manner. Being in a room with a person who seems ripe with drama and a fast temper does not provide a good
environment for working.
2) I am a team player. I have offered to allow the board to review my findings and offer comments and answer any questions.
3) Had I been allowed my right to review the documents been granted without the hassle created by Ray there would be no drama. It was a simple request.
4) Ray mentions being a "team" player but has been the one dictating the rules of my review of the documents. I offered to do my review and pass it on to the Board, but apparently "team" means doing things Ray's way.
5) Ray mentioned I was "...arrogant, self-righteous..." and apparently not a team player. Last time I checked as a team we'd do things together. I noticed both in your mail dated 4/14 to Mr. Beeler as well as on the Bank of America account prior to the board meeting on 4/22 you listed yourself as President of the Homeowner's Association. Since we had not even voted on titles yet does this qualify?
6) Ray's wording has tried to make me look like the bad guy in all messages. I've reviewed the messages a number of times and cannot find anything that would be considered "rude", only "demanding", that being my statement "making my second and final formal request". Compare that to being called "...arrogant, self-righteous, impatient and rude..." and I'm sure the difference between "rude" and "demanding" are clear.
This issue has obviously been between Ray and myself from the onset I apologize to the rest of you who keep getting added to the thread. I would have hoped for a more professional transaction in order to save the association the cost of a court trial.
'nnnn
From: To:
. . ..„
Subject: RE: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER REPLYS!! :) Date: Mon, 28 Apr 2008 10:30:38 -0700
I have started nor continued any drama. I've simply asked for the paperwork as is my right and have been refused. You are the one who has blown this out of proportion and brought it to a childish level.
It is apparent you are unable to follow the rules set forth by the RCWs. I will be filing in Snohomish County Court for the immediate release of all financial records, which I am very certain will come out favorably for me given the concise simple wording of the RCWs.
I was hoping it wouldn't come to this but you've given me no choice. I'll see you in court.
From:
To:
Subject: RE: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER REPLYS!! :)
Date: Sun, 27 Apr 2008 20:04:30 -0700
17-e-27;
"_•=, 777. .7 e
E.": 73:5 -.7.-
From: Sherri Lindsay
Sent: Sunday, April 27, 2008 11:26 AM
To: Edward Williams; Raymond Ford;
Mary Carson-Ford; Carl Dimock;
Subject: MY RESPONSE TO ED'S LAST EMAIL - IGNORE ALL OTHER REPLYS!! :)
gain - this is the official email reply to Ed's last email - not other replys are final and should be discarded.
Hi Ed,
Thank you very much for itemizing the records you would like to review. I feel that your detailed request and objective as I understand it are definitely appropriate.
I want to clearly state that I have not at any time "refused access of the records" to you. The association regulations state that I (as the agent who has custody of
the records) must provide all financial records during the association or "agent's" work hours and in a reasonable time period. The reasons I have not handed over the financial records to you in the last couple of weeks is due to my travel schedule, experiencing medical problems, maintaining custody of the records so that they would be readily available at the HOA meeting on Wednesday, and understood the regulations to say that I must relinquish the records to the "Board" of Directors" and not just "a director". Also, I was not sure if we were doing a "formal audit" or the Board was just going to review the books.
I have been thinking about the many emails and came to the conclusion that the primary objective here is to represent the homeowners as they are both our customers and a part of the HOA team. In a team environment, all members must be informed of understand the final objective(s). I found that ensuring a team not only has a clear understanding of the project endpoint, but also the reason(s) behind the objective. This results in an organized, effective, and efficient process leading to a successful completion of the project. Understanding why an objective must be met allows a person to identify the key role they play in the process and feel that they are an asset to the team. This method of completing a project produces the better results, allows for further development of the team, results in a more informed endpoint, and becomes a resource that benefits the entire team.
I mention the above team oriented process because the objective that you have outlined would also be beneficial to the other two Directors of the Board and Officers. If we review the
financials as a group, the end product will provide resources to assist the new Directors in developing the current and future association objectives. This in turn will insure that all homeowners (team members) feel informed of the HOA objectives and are able to identify the reasons for the established the goals and what part they could play to meet the objective(s).
Ed, Ray, and Scott == I
am requesting/suggesting that a Board meeting be scheduled to review the financial records. I feel that the results of the review will be a resource for future budgets and expenditures.
if Car and Mary, as past
directors, would be so kind to attend the meeting as they managed the overall expenditures to reflect the budgets approved by the homeowners.
Ed - Maybe the meeting could be
at your house in case you want a copy of a document(s). I don't think that a duplicate copy of the entire financial binder would be cost effective as the documents should be shredded anyway because it is imperative that there is only one financial binder to prevent any future
inconsistencies.
I am available next weekend on Sunday for a meeting - later in the afternoon for those who have other engagements in the morning. This will allow time for me to put together packets for everyone to have an efficient, effective meeting. I also must focus on my job this week and only my job to catch up on reports.
I could start with a quick overview
of the financial history with Carl and Mary available to clarify if needed. Then we could have some time for everyone to further
rag, A V vi
investigate any questions they may have. The objective of this meeting would be to assure all team members feel informed and are able to use the results as a resource going forward.
Thanks for your time! Sherri
LE'N'11 PIACI°
L a6~ A ciA -,
Raymond Ford
From: Edward Williams [a_edwill@hotmail.com] Sent: Friday, April 25, 2008 4:34 PM
To: Raymond Ford
Cc: ssfleming@comcast.net; sgreenlindsay@gmail.com; r.bertholf@comcast.net; carl@carlandjenna.com
Subject: RE: Carl. board and officers meeting today
Ray, this thread is over. Your personal feelings toward me are obvious and I have no desire to prolong this banter.
From: raymondfordxo@comcast.net a_edwill@hotmail.com
~~ Subject: Carl. board and officers meeting today
Date: Fri, 25 Apr 2008 16:25:19 -0700
Ed,
Here is what I think. Sherri decided to remain the treasurer and was voted back in. You did not expect that to happen. At the meeting you introduced yourself as curt and not a people person which seemed weird when an accessible, patient people person is a must.. Since starting with the board I have been trying to ive u the benefit of the doubt but after the meeting, to m
(your definition of curt) in pers
After seeing the bank statements and such will this be the last we see or hear from Ed? What are you trying to find in the financials that is so wrong? Look how long you ignored a simple emailed question that needed clarifying which was did you want to be a board member and treasurer or the treasurer only? It doesn't look good when you stated at the meeting that you hate home owners associations and made a motion for it to be dissolved. From my spot as a spouse watching the experiences of Mary's time as a board member with Carl and Tracy this board of 3 plus 2 officers obligates each to be an active team player. Sherri needs time to get the financial records ready to print for every home owner. She needs to set a time frame to do the work, report the due date to the board without being harrassed.
I am s Ed. If you h owners associations so much why the heck are you involved.
Carl has offered to over see the board getting on its feet. I will CC him until he requests not to be involved.
Raymond
From; Edward Williams [mailto:a_edwill@hotmail.com]
Sent: Friday, April 25, 2008 1:43 PM
To: Raymond Ford
Cc: Ron Bertholf; Sherri Lindsay; ssfleming@comcast.net
Subject: RE: RCW Chapter 64.38.045
That particular passage does not block a personal audit by any member of the association, it simply requires an audit once the amount of cash in the account exceeds $50k.
That passage does however show us that the previous boards have not sent out the financial statement as required. Not a big deal, since I will be doing so and have already sent the budget expense report to be placed on the web site. I'll be sending the Excel spreadsheet by Monday EOD.
Interesting enough, the text also states "Each association managing agent shall turn over all original books and records to the association immediately . upon such other demand as is made by the board of directors ." The verbiage here does not require a vote by the board of directors. As such being on and a representative for the board of directors I have made a request for the original books and records.
I see no reason, legally, to deny access to the records as requested and do not understand the attempt to block access. Perhaps it's a difference in terminology. I'm not looking to have anyone else "audit" the books. I am simply wanting to personally go through the records as I'm entitled to as both a member of the Board and as a member of the Association according to the document you just forwarded.
[Removed Carl from the CC list to minimize spam, including only the Board]
From: raymondfordxo@comcast.net
To: a_edwill@hotmail.cm
CC: carl@carlandjenna.com; r.bertholf@comcast.net; sgreenlindsay@gmail.com; ssfleming@comcastnet
Subject: RCW Chapter 64.38.045
Date: Fri, 25 Apr 2008 12:40:34 -0700
Ed,
As per the RCW Chapter 64.38.045
I cut and paste the entire chapter for everyone to see now and not have to go look up. Note the portion ( that I bolded and enlarged ) which states if an audit is done, an independent cpa is required and only if the HOA has $50,000 or more. At our April 23 meeting we voted in favor that every home owner would receive a one-time paper copy of financial records from start to where the HOA is currently with detailed records and statements. If memory serves me we also voted to charge a nominal fee for paper copies after this first copy has been sent to all and make the annual financial records available through a password on the website. Once its done if people want it more often than annually they can ask and get it.
Scott could you ask Stacy when she thinks the meeting minutes will be ready to read. Thanks. Ray
64.38.045
Financial and other records — Property of association — Copies — Examination — Annual financial statement —Accounts.
(1) The association or its managing agent shall keep financial and other records
sufficiently detailed to enable the association to fully declare to each owner the true statement of its financial status. All financial and other records of the association, including but not limited to checks, bank records, and invoices, in whatever form they are kept, are the property of the association. Each association managing agent shall turn over all original books and records to the association immediately upon termination of the management relationship with the association, or upon such other demand as is made by the board of directors. An association managing agent is entitled to keep copies of association records. All records which the managing agent has turned over to the association shall be made reasonably available for the examination and copying by the managing agent.
(2) All records of the association, 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 offices of the association or its managing agent. The association shall not release the unlisted telephone number of any owner. The association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the association in providing access to records.
(3) At least annually, the association shall prepare, or cause to be prepared, a financial statement of the association. The financial statements of associations with annual assessments of fifty thousand dollars or more 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 association at which a quorum is present, vote each year to waive the audit.
(4) The funds of the association shall be kept in accounts in the name of the association and shall not be commingled with the funds of any other association, nor with the funds of any manager of the association or any other person responsible for the custody of such funds.
[1995 c 283 § 9.]
From: Edward Williams [mailto:a_edwill@hotmail.com] Sent: Friday, April 25, 2008 9:39 AM
To: Raymond Ford; 'Sherri Lindsay'
Cc: ssfleming@comcast.net
Subject: RE: Receipts
I disagree. An audit of the books can be done by any member of the association, and no vote is necessary. Later today I will find the paragraphs in the HOA legal documents and send those out before making my second and final formal request.,
From: raymondfordxo@comcast.net
To: sgreenlindsay@gmail.com; a_edwill@hotmail.com CC: ssfleming@comcast.net
Subject: RE: Receipts
Date: Fri, 25 Apr 2008 08:22:11-0700
From: Sherri Lindsay [mailto:sgreenlindsay@gmail.com] Sent: Friday, April 25, 2008 1:51 AM
To: Edward Williams
Cc: Raymond Ford; ssfleming@comcast.net
Subject: Re: Receipts
Hi Ed,
I just finished a report for work. Note it is —1:50 AM :) I apologize for just getting back to you.
I have copied the other directors on this email as I would like to have a formal directive from the Board as a whole if a "formal audit" will be conducted. I suggest if the Board decides that a formal audit be conducted, that an external auditor conduct the audit.
Gentlemen of the Board - Please advise :)
Sherri
On Thu, Apr 24, 2008 at 10:38 AM, Edward Williams
'77--> wrote:
Hello again!
After reviewing the account information I'm a
bit interested in a few of items and I've decided to do a formal audit. I'll be reconciling the QuickBooks data against the Bank of America account this weekend and will need copies of all of the receipts and ledgers you have. When would it be possible to pick those up? I'll just xerox them and get them back same day.
Thanks!
x/71 /711(152