Categories
Uncategorized

Windstorm Tree Damage Liability

In the case of a neighbor’s -or HOA-owned- tree falling on your house or fence, the homeowner affected needs to contact and begin negotiations with their insurance provider to help cover the damages. The neighbor or HOA is not typically responsible for a fallen tree unless there was no action their part that can be shown to be negligence. This would include lack of maintenance or other proactive means to minimize or eliminate risk of a tree in poor health or otherwise compromised. Any “act of nature” is handled by the insurance companies and is regulated by state and federal law. This may seem counter intuitive since the homeowner was affected by an externality not in their control, but in the home insurance realm this is standard practice as it falls under the “act of nature” clauses.

Categories
News

Bexley Hearings Calendar

Regatta Estates filed its opening brief today in the Bexley Ridge Land Use Petition Act (LUPA) appeal.  The calendar of events is:

  • December 6, 2022—The County and Lennar must file their responses to our opening brief;
  • December 15, 2022—Regatta Estates must file their reply to the County’s and Lennar’s brief;
  • December 20, 2022, 9:30 am—Oral arguments will be heard by Mille Judge in Snohomish County Superior Court.

Snohomish County has essentially thumbed its nose at all those who provided input on the ill-advised Bexley Ridge project (formally known as Frognal Estates), when it secretly allowed the new developer Lennar to delete over 200-trees and construct a much cheaper wall that cannot sustain landscaping, let alone the evergreen trees that had been promised as a part of the Environmental Impact Statements (EIS’s).

We believe that we have a very strong case, hopefully the Judge will agree.

We are still looking for donations to help defray our legal costs.  A big thank you to all of you who donated, but we still need more to continue the fight.  If you have not already donated, please consider donating now.  Donations to support the Bexley Ridge legal expenses can be made through the Sno-King Watershed Council at:  https://snokingwatershedcouncil.org/donations/

100% of all donations received will go to help with legal expenses.

As before, Lider Engineering is providing its professional services pro bono.

THANK YOU FOR YOUR SUPPORT!

William (Bill) Lider, PE, CESCL

Lider Engineering, PLLC

2526 – 205th Place SW

Lynnwood, WA 98036

425-776-0671 (W)

206-661-0787 (C)

Categories
News

Bexley Ridge LUPA Appeal Update

On Monday we filed our additional exhibits, the ones that Snohomish County did not want to see judge to see, as well as our sworn declarations from Zsofia Pasztor, Farmer Frog, David Pelke, Regatta Estates HOA President, and myself.

Snohomish County feels that it can make radical design changes to any project, totally disregarding the commitments made during the EIS and Hearing Examiner reviews, even design drawings it had previously approved.  This case has the potential to force significant changes in how Snohomish County administers development projects in the future.  If we prevail, it will be much more difficult for the County to ignore its commitments to the public, simply to increase a developer’s profit margin.

On November 15th we must file our opening brief and our case will be heard in Snohomish County Superior Court on December 22nd.  We are almost out of money and need your help to raise $3,000 more.  Please consider making a tax-deductible contribution to the SKWC’s legal defense fund at https://snokingwatershedcouncil.org/donations/ to help support the cause.

Thank you!

William (Bill) Lider, PE, CESCL

Lider Engineering, PLLC

2526 – 205th Place SW

Lynnwood, WA 98036

425-776-0671 (W)

206-661-0787 (C)

Categories
News

Update on Frognal/Bexley Ridge Retaining Wall

The Regatta Estates appeal before SNOCO Hearing Examiner Peter Camp of the 200 deleted screening trees required for the 60-foot-high retaining wall at Frognal/Bexley Ridge has been dismissed.  This is not necessarily a bad thing.

We anticipated this appeal would be dismissed because of lack of jurisdiction by the Hearing Examiner; however, had we not filed this appeal, SNOCO and developer Lennar would have argued for dismissal of Regatta’s Superior Court appeal, for not having exhausted our administrative appeal options before going to court.  The stipulated order signed by Camp prevents SNOCO and Lennar from raising this issue against Regatta and requires the Hearing Examiner to refund Regatta’s $1,500 filing fee.  So we are just out the attorney costs to go through the motions of having to file before the Hearing Examiner.  Regatta’s appeal is still pending in Snohomish County Superior Court, a preliminary hearing date has yet to be determined.

In other news, PDS has returned review comments to Lennar on their recent proposal to delete the 200 screening trees.  Lennar contends that this is a “minor change” a term in the County code that allows PDS Director Mike McCrary to approve this change without public notice or comment.  Lennar now proposes to spatter the site with the 200 deleted trees, where they will not provide any screening of the 60-foot-high ugly wall.  Lennar proposes to plant ferns and low growing shrubs that will not grow on the rock-faced, geotextile-wrapped retaining wall as replacement landscaping for the trees.  Lennar claims that this will meet the requirements of the Hearing Examiner to plant the trees on the terraced, landscaped wall that was approved by PDS in 2018.  We anticipate that PDS will approve Lennar’s faulty landscape design in the next week or two.

Regatta contends that not only does the current landscape proposal not meet the requirements for the tree-landscaped retaining wall that was discussed in two Environmental Impact Statements, approved by the Hearing Examiner, and by PDS, but that it is also illegal for PDS to continue issuing building permits to Lennar under the County’s own code, without an approved landscape design.  Regatta contends that Lennar never intended to landscape the 60-foot-high retaining wall as evidenced by the rock facing construction and their failure to even address this problem, until after Regatta’s appeal.  Regatta contends that this is a “major change” that requires a SEPA review and public comment.

The Regatta Estates appeal will continue in Superior Court.

What can you do?

  • Please take a moment to contact Councilpersons Megan Dunn and Stephanie Wright, in whose districts the Bexley Ridge and Regatta Estates are located.  Ask them to act on the proposed legislation SCC 30.63B.135 (attached) to limit the height of these monster retaining walls in residential neighborhoods.  While this legislation will not affect the current Bexley Ridge appeal, it would prevent this situation from occurring in the future at other sites around Snohomish County; and

Please feel free to forward this e-mail to other concerned citizens and neighbors.

Thank you for your support!

William (Bill) Lider, PE, CESCL

Lider Engineering, PLLC

2526 – 205th Place SW

Lynnwood, WA 98036

425-776-0671 (W)

206-661-0787 (C)

Categories
Meetings

February 2022 Board Meeting

Date: February 17, 2022

Location: via online Zoom

Members in attendance:

            -President attended

            -Treasurer attended

            -Secretary attended

            -Agricultural Committee attended

            -Bruce and Beverly Droppelman

            -Charles Lawrence

Meeting called to order at 7:00pm

Review & Approve Minutes: Need to have somebody motion and 2nd the motion

Review & Approve Agenda: Motion by Diane and need 2nd the motion

Member Forum:

                   Board addressed homeowner Charles who volunteered to help and be an active member of REHOA.

Reports:

  • Treasurer:
  • President verified that the checking and savings match the treasurer’s report.
  • Received dues payment from 23 homeowners.
  • Payments made in January 2022 to lawyers, website, email and landscaping.
  • Landscaping Committee:
  • February expense of close to $1000 includes painted Regatta entry sign and replaced pegs due old/rotten post on Division1 and 4.  This includes labor as well as cleanup of leaves around Regatta and the cleaning of stairs in Division 4 which usually has full of moss (done 2x a year).  Next paint job is the Division 3 entry sign. 
  • Architectural Control Committee
  • Lot 3 requested fence replacement and was approved.  When done, Regatta will reimburse half of the total less their past due on HOA dues.
  • Arborist Committee:
  • The same guy who previously cut trees in the Picnic Point Road owned by Regatta came back in the late January and saying that he has authorization/approval from somewhere and again this is not true.  He was told to leave. 
  • Secretary
    • HOA dues mailed week of 1/17/2022
    • Need to respond to email ASAP and acknowledge receipt to making aware that request will be forwarded to person responsible and will respond appropriately.
    • Email to forward to appropriate Board and/or Committee who is responsible then send a follow-up text.

Old Business

  • Architectural Committee will work updating the fence policy
    • Remaining 7 diseased/dangerous/hazardous trees approved by Arborist will be cut next year (2023).
    • President still at works with BECU on updating the signers. 
    • Regatta website where the “contact us” needs to be fixed

New Business

  • Welcome letter to send to new homeowners.
    • Cleanup of common area in Regatta 2; proposed a major cleanup of junipers that were hanging or extending over the road.   
    • Frognal/Lennar lawsuits – Regatta filed a lawsuit against Lennar regarding the retaining wall constructed in Division 1 which were not in accordance to the one approved by the Hearing Examiner’s decision as well as the Snohomish County Planning and Development.  There might be an article in the Mukilteo Herald on it.  Lawsuit is still pending.
    • Winter weather proposal/ideas on roads inside Regatta – will review and look for possible solution(s)

Review of Action Items

  • Casey/Dave
    • Consolidate and rewrite fence policy
  • Dave       
    • Visit BECU to update/add signer
  • Diane/Nerissa
    • Work to send welcome letter

Next Meeting

            TBD

Adjourn

            The meeting was adjourned at 8:20pm

Categories
Meetings

October 2021 Board Meeting

Date: October 28, 2021

Location: Virtual Meeting, held online via Zoom

Time: 6:30 p.m.

The REHOA board president opened the Zoom meeting room at 6:25 p.m. and members signed in. The president called the meeting to order and shared his screen containing the meeting agenda. The minutes from the June meeting had been previously distributed by the Treasurer. The minutes were reviewed. No changes were deemed necessary, and they were accepted as written.

Homeowner ForumSix homeowners attended the meeting.  They expressed concern on Frognal constructions and activities.  The president introduced the other new board/committee members and gave a brief description of the duties of each, as well as the issues confronting the HOA. He also extended an invitation to the members to join the board in whatever role in which they would feel comfortable.

Reports

  1. Treasurer’s Report – The Treasurer had sent all board members copies of the September Treasurer’s Report, the corresponding bank statement, the 2021 Budget Comparison, and scan copies of the check book and savings book register. The president confirmed that the amounts shown in the registers coincided with the amounts shown on the Treasurer’s report. The Treasurer indicates on the 2021 Budget Comparison, the number of homeowners in the HOA, and the number of dues payments received. Friendly reminder notices had been sent to these homeowners.
  2. Landscaping Report – Committee Reported that the HOA landscaper mowed the common area grass areas in June, including the area above the detention pond. Landscaper also cleaned the stairs in Division 4.
  3. Architectural Control Committee Report – The requested for exterior paints and roof/sidings replacements by several homeowners were finished and done.  Reiterated the need for homeowners to have their neighbors sign the document needed (found in the website or given a copy) for any exterior painting, roof or siding replacements in order to be aware on the timing, activity and people coming in and out of the area. 
  4. Arborist Committee Report – There were several trees cut down/removed in the of Summer 2021 owned by Regatta that were stated in the NW Arborist study as deemed hazardous.
  5. Secretary’s Report – Helped prepared postcards and set up board meetings.  Sent requested bylaws to realtor regarding on sale for Lot42.  Realtor then found out in the web and pull this information.

Website – The website administrator updated the front page of the site.  It now has the Annual HOA meeting notice, information on the tree thieves and the request for HOA contact information updates.  Also, requesting ideas on the possible new format and information to include on the site. 

Action Items

  1. President will work on contacting Lennar developer for parking issues in Division 4.
  2. President will contact Bill L for information on the areas that were being planned for the Frognal development and retention pond.
  3. Agricultural Committee will work to consolidate the fence policy per the 2019 updates to the ACC documents.
  4. Treasurer will continue to work on updating banking information.

Next Meeting: Mid November to discuss 2022 Budget

Meeting Adjourned: 8:41P.M.

Categories
Docs

ACC Application Form

Categories
News

Fireworks Are Banned in SW Snohomish County

Effective January 1, 2021, the use of consumer fireworks is banned in unincorporated areas of Southwest Snohomish County.  We reside in unincorporated Snohomish County and our area is covered by this ban.

According to the recent letter from Fire Commissioner Chris Teofilak, there is now a $500.00 penalty for a civil infraction and the possibility of court-ordered restitution for any damages.

To report a violation, Do Not Call 911.  Call the non-emergency number:  425-407-3999.  When calling, please expect to be placed on hold until the emergency operator is available.

Categories
Meetings

June 2021 Board Meeting

Date: June 17, 2021

Location: Online via Zoom

Time: 6:30 p.m.

The REHOA board president opened the Zoom meeting room at 6:25 p.m. and members signed in. Two devoted residents interrupted their Hawaiian vacation to attend. The president called the meeting to order, and shared his screen containing the meeting agenda. The minutes from the April meeting had been previously distributed by the acting secretary. The minutes were reviewed. No changes were deemed necessary, and they were accepted as written.

Homeowner Forum: The two homeowners who took time from their Hawaiian vacation to attend mentioned that they have been trying to find time to get involved and hope to do so in the future. The president introduced the other board members and gave a brief description of the duties of each, as well as the issues confronting the HOA. He also extended an invitation to the members to join the board is whatever role in which they would feel conformable.

Reports

  1. Treasurer’s Report – The Treasurer had sent all board members copies of the June Treasurer’s Report, the May 31 bank statement, the 2021 Budget Comparison, and scans of the check book and savings book register. The vice-president confirmed that the amounts shown in the registers coincided with the amounts shown on the Treasurer’s report. The Treasurer shared his screen with the 2021 Budget Comparison and highlighted some of the numbers, including the number of homeowners in the HOA, and the number of dues payments received. Friendly reminder notices had been sent to all of these homeowners. The treasurer also confirmed that our current revenue was adequate to cover all the expenses that we should see for the remainder of 2021.
  2. Landscaping Report – Committee Reported that the HOA landscaper is dues to mow the common area grass areas in June, including the area above the detention pond. Landscaper also cleaned the stairs in Divison 4.
  3. Architectural Control Committee Report – Committee has received two painting and one re-roofing requests from homeonwers in April and May.
  4. Arborist Committee Report – Committee commented about the WH/NGPA areas that is included in the legal description for each lot in our association. Each of the homeowners has an “undivided interest” in these tracts and is legally liable for their care and maintenance, including the removal of trees that may be deemed hazardous. A certified arborist had reviewed the areas in October of 2020, and the licensed tree service has removed trees that were deemed hazardous and within sticking distance of a high value target. Committee is also going to contact the PUD concerning two dead trees on Tract 997 that could not be removed by the tree service.
  5. Secretary’s Report – Acting secretary reported that several homeowners have decided that now was the time to pain their homes and she has been busy forwarding ACC requests. She also expressed some disappointment since she had been contacted by several homeowners who expressed a desire to be included in the meeting. However, only a couple of homeowners actually were able to attend.

Old Business

  1. Banking – In order to prevent any single individual from have access to the HOA funds, the association has always wanted to have dual control on the accounts, i.e. one person (the treasurer) holds the checkbook and creates the checks, but it requires a second person (an authorized signer) to actually sign the check. The HOA is attempting to update the signer’s list. However, our bank has insisted that all parties involved (including those who no longer live in the area) are required to supply all their personal information before any changes can be make. Since some of the former signers are now living overseas, that is not practical. Two options are open: 1. Close the current accounts and re-open them at the same bank. 2. Close the current accounts and re-open them at a new bank. We have enough checks to last through the end of the year, but the board is plamning to do one of these two options during the slack period in the fourth quarter of this year.
  2. Audit – Our tax person, Ann F., had said that she would be available to perform the audit in August. The HOA treasurer plans to print out the necessary documents to perform an audit on 2019 and 2020, and schedule an appointment with her. The treasurer also pointed out that we are required to supply hard copies (paper) of all documents since the tax service will not upload any electronic documents into their system, for fear of contracting a computer virus.
  3. Architectural Control Documents – Committee is re-writing documents with the changes that were approved in 2019. Two of the homeowners asked that an explanation be included that specifies who is responsible for the payment on fence replacement, especially for fences between two neighboring members. A new category has been added to the website that will allow for the updated documents to be published to the site.
  4. Travel Trailer – The CC&Rs prohibit RV’s, travel trailers, trailers of any sort in the view of any homeowners. The homeowners insists that since he has put a cover over the trailer, it is no longer in view. The board disagrees and is going to check with the HOA attorney to see if the homeowner is in violation of any county laws.

New Business

  1. Letter from Surface Water Management – A letter was sent to all homeowners in April that outlined work to be performed by Snohomish County on the detention pond and drainage system. A concern was raised asking if the surface water from the new development was going to be directed into the existing Regatta Estates system. During the peak rain season, the detention pond has been filled to over-flowing. It may not be adequate to accept any additions flow. It was suggested that we contact Bill L. for clarification.
  2. Letter from Sno County to B. Lider – The letter referenced Tract 995 and Tract 996 as being areas that may be used by the new development. A board member expressed some concern that they may be building on REHOA property, and that we may be left to take care of any residual issues. Or are there two tracts with the same numbers. Again, it was suggested that we contact Bill L for more information.
  3. Parking on front lawn– Homeowner complained about a neighbor who is parking several vehicles in the street, and has taken to parking a car on their front lawn. Homeowners also complained about the resident of this home re-selling used plastic play equipment from the home. Homeowners also reported that people (who have been buying the equipment) tend to block the street and become aggressive when they are asked to move. President explained that the board had sent letters to this homeowner in the past but with little results. President also expressed frustration with the apparent disregard that this homeowner has shown for his neighbors. Neighbors have also mentioned that the owner may no longer be in residence at that location. If that is the case, it may be difficult to contact the owners since this is the only address that we have for them.
  4. Fireworks – Two homeowners reported that their homes were damaged last year when neighbors lit off fireworks on the 4th of July. The parties responsible for the damage did not offer to pay for the repairs. Board members attempted to research the current laws regarding fireworks in un-incorporated Snohomish County. Initial information indicated that fireworks may have been banned in our area starting in January of 2021. Board members agreed to look further into this. However, the board also agreed that the HOA does not have the authority to enforce the county laws. Online information included a special “non-emergency” phone number for reporting violations. The board president and vice-president agreed that posting this number would be helpful.

Action Items

  1. Vice President will contact Bill L for information on the areas that are being planned for the retention pond and as a recreation area.
  2. Treasurer will add information on the Fireworks Ban, including the non-emergency phone number, to the website.
  3. President will work to consolidate the fence policy per the 2019 updates to the ACC documents.
  4. Treasurer will contact the lawyer regarding the homeowners with excessive number of vehicles, and the home with the trailer parked in the front yard.
  5. Treasurer will continue work on updating banking.
  6. Treasurer will prepare documents for audit.

Next Meeting: Thursday, August 19, 2021, set to start at 6:30 p.m.

Meeting Adjourned: 7:26 P.M.

Categories
News

September Board Meeting

The next meeting of the Board of Directors of the Regatta Estates Homeowners Association will be held on Thursday, Sept. 2, 2021, and will be called to order at 6:30 p.m.

Due to the current Covid-19 pandemic, Mukilteo City Hall is closed and is no longer allowing groups to use their meeting rooms.  Instead of scheduling events at city hall, the Regatta Estates Board of Directors is now meeting online via Zoom.  All owners of homes in Regatta Estates are invited to attend these meetings.

If you are interested in attending, please email your name, home address, and your personal email address to the REHOA email account listed on the top of this page.   You can also use the “Contact Us” link on this page.  Once the board has verified that you are a member of the HOA, you will be emailed an invitation that will allow you to participate in the meeting.

At the beginning of each meeting, there will be a Homeowner Forum where homeowners are invited to address their concerns to the rest of their neighbors.

Date:  Sept. 2, 2021

Time:  6:30 p.m.