Frequently Asked Questions:
Does the budget require member approval? How binding is the budget on the board?
Questions were raised at the October 18 meeting of the Board of Directors about the budget. Do the Bylaws require a members vote to approve the annual budget. The member who raised this issue suggested that it has been the historical practice of past boards to submit the annual budget to the members for approval and questioned why this Board has not done so. A second question was whether the board could spend outside the budget.
Click here for the Board's response to these questions.
Questions were raised at the October 18 meeting of the Board of Directors about the budget. Do the Bylaws require a members vote to approve the annual budget. The member who raised this issue suggested that it has been the historical practice of past boards to submit the annual budget to the members for approval and questioned why this Board has not done so. A second question was whether the board could spend outside the budget.
Click here for the Board's response to these questions.
What about the 2010 notice from the ACBC board saying
that members can opt out?
That notice was based on a legal opinion while ACBC was operating as Admirals Cove Home Owners Association in 2010. The issues were settled by a court case in 2011 and the Judgments issued by the court take precedence over any previous legal opinions. The 2010 notice is not only superseded, but according to the ruling, the board has NO authority to permit opt-out. Read the court findings and judgment yourself! Both judgments in that case (Roger L. Close vs. ACBC) are posted on the Documents page of this website. The first found that ACBC is not a homeowner’s association. The second found that: all property owners in Admiral’s Cove are members; property owners may not opt-out and the board of directors has no authority to permit any owner to opt-out; the law implies a contract to pay dues; the governing documents … are valid covenants running with the land or equitable servitudes.
That notice was based on a legal opinion while ACBC was operating as Admirals Cove Home Owners Association in 2010. The issues were settled by a court case in 2011 and the Judgments issued by the court take precedence over any previous legal opinions. The 2010 notice is not only superseded, but according to the ruling, the board has NO authority to permit opt-out. Read the court findings and judgment yourself! Both judgments in that case (Roger L. Close vs. ACBC) are posted on the Documents page of this website. The first found that ACBC is not a homeowner’s association. The second found that: all property owners in Admiral’s Cove are members; property owners may not opt-out and the board of directors has no authority to permit any owner to opt-out; the law implies a contract to pay dues; the governing documents … are valid covenants running with the land or equitable servitudes.
Why am I obligated to ACBC when there is no mention of ACBC in my deed?
Finding 3 of the court’s judgment in the Roger L. Close vs. ACBC cause case (regarding membership and opting-out) says, “The governing documents do touch and concern the land and therefore are valid covenants running with the land or equitable servitudes.” Finding 5 says, “Property owners may not opt-out …”. Finding 7, “All owners of property in Admiral’s Cove are members …”. Read the full text on the Documents page. Basically, your obligations run with the land regardless of whether or not they are mentioned in your deed or reported in your title search.
Finding 3 of the court’s judgment in the Roger L. Close vs. ACBC cause case (regarding membership and opting-out) says, “The governing documents do touch and concern the land and therefore are valid covenants running with the land or equitable servitudes.” Finding 5 says, “Property owners may not opt-out …”. Finding 7, “All owners of property in Admiral’s Cove are members …”. Read the full text on the Documents page. Basically, your obligations run with the land regardless of whether or not they are mentioned in your deed or reported in your title search.
What about all the claims on Nextdoor.com? The Nextdoor site was set up by individual members of ACBC and is moderated by them which means they approve membership to the site and have the ability to block or remove people and postings. No member of the current ACBC Board has any authority or control over the Nextdoor site. The site, though it carries the ACBC name, is in no way officially associated with ACBC, nor is it restricted to ACBC members, renters or residents.
Why Limited
Use? / What about ADA Compliance? According to both the federal
documentation on ADA Pool Requirements (ADA 2010 Revised Requirements:
Accessible Pools—Accessible Means of Entry and Exit) and our
discussion with the Department of Justice, “Community pools that are
associated with a private residential community and are limited to the
exclusive use of residents and their guests are not covered by the ADA accessibility
requirements. On the other hand, if a swimming pool/club located in a
residential community is made available to the public for rental or use, it is
covered under Title III of the ADA….See: http://www.ada.gov/pools_2010.htm.”
In our efforts to open the pool for the enjoyment of our members for at least
part of this summer in accordance with our responsibility under both the
by-laws and the Temporary Restraining Order for the maintenance and operation
of ACBC facilities of which the pool is primary, the board has moved to not
accept any associate memberships (the bylaws allow but do not require associate
memberships to be offered) this year and to open the pool only to ACBC members in good standing
and their guests only as a limited use pool this summer. As an existing pool
facility and under these circumstances, ADA compliance is not required. When
the pool facility assessment and subsequent renovation is complete, we will be
compliant with all regulations, including ADA compliance.
How do I tell if someone is an ACBC member?
All owners of parcels within ACBC are members and ownership is public
information. While there is currently no public way to tell if a member is in
good standing, you can check membership/ownership by going to the Island County
Auditor’s site and entering an owner’s name. Simply go to: http://assessor.islandcounty.net/propertyaccess/?cid=0
and enter the owner’s last name. A list of parcels and owners will come up.
ACBC parcels start with S6010-XX- where XX is the division number from 00 to
07. If there are no parcels listed in ACBC for that person, she or he is not a
member.
Is ACBC business being done outside of public
meetings? The only official business done outside public meetings is
approval of warrants to pay bills. These payments are reflected in the
financial data disclosed at the public board meeting. This warrant approval is
necessary to avoid late charges and to maintain service with our suppliers. All
motions and decisions are discussed and voted at the public board meetings.
Why this pool talk? Didn't we vote to remove it? Yes, but last year's ballot with options of decommissioning or renovating the pool and its building and the subsequent assessment were determined by the Court to be invalid. Judge Hancock stated, "The Board has no authority under the Bylaws to decommission the pool" He noted various documents which tie responsibility for the pool to membership in ACBC (Wilbur & Frederick v, ACBC et al, No 13-2-00741-4, Conclusions of Law #4) (posted as "Temporary Restraining Order 2013" on the Documents page). We feel that the findings of fact clearly require us to properly bring the pool facility into compliance with current legal and regulatory requirements. See also "Newsletter May 12, 2014" on the Documents page for info.
Haven't there been a number of legal opinions over time? Why aren't they posted? There have been legal opinions from various attorneys in the past. We have chosen to post only ACBC documents and Court documents. Court documents carry the weight and authority of a judge and Court orders are binding whereas attorneys' opinions are just informed opinions and have not been adjudicated.
Can I opt out of membership in ACBC? No. According to the court, membership runs with your property in Admiral's Cove. Along with your property ownership comes responsibility for the maintenance and operation of the common club facilities which include the lake, the road, playground, volleyball area, basketball court, parking lot, shelter and picnic area, pool facility and beach access.
What's the Wi-Fi passcode? Use ACBCguest1 or ACBCguest2 or ACBCguest2 - whatever has the stronger signal. The passcode is: ACBCpool. Coverage is roughly the pool and shelter.
Is ACBC the Admiral's Cove Water District? The amount of mail we receive for the Water District indicates that there is confusion about this. The water district is a separate entity from Admirals Cove Beach Club. It has its own Board of Commissioners and is responsible for providing safe water and maintaining the water system for the ACBC subdivision. Contact the Water District as follows: Phone: 360-579-1535 Emergency Pager: 1-425-335-9396
Address: P.O. Box 940; Clinton WA 98236
Address: P.O. Box 940; Clinton WA 98236