A member recently asked the Board about the definition of Member in Good Standing. That inquiry and the Board’s response are posted below;
Question: The bylaws state that a member in good standing is one whose accounts are up-to-date. The question that has never been clarified in writing to the community: Does that include assessments, specifically the $1K pool assessment? Since the lawsuit is still in limbo and the Appellate Court's ruling is the last one to date, I do not see how legally you can enforce this collection and deny members the right to vote if all other account payments are current. We are not an HOA -- am sure you're tired of hearing this -- so the board cannot mandate this assessment without a decision, in my humble opinion. We are coming up to the general meeting, people need a statement regarding the pool assessment legality. Response: As to your first point, we think that because the bylaws uses the plural “accounts”, it is clear that it refers to all accounts, whether dues or assessments. We believe that is the way it has always been interpreted by previous Boards. As to your second point, it’s not the Board itself that is “mandating” the current assessment. It was the vote of a majority of the members voting in the 2016 ballot, all done as per the bylaws. That ballot included a “no” option, contrary to the 2013 vote. That is a legal and binding vote and must be honored. The focus of the Wilbur lawsuit was narrow, as is the Court of Appeal ruling, which simply affirmed that the Members have the right to vote to dispose of ACBC assets. The COA also noted that the Members have the right to vote on special assessments “at any time”, which is precisely what was done in the 2016 vote. There is not now, nor has there ever been, any order by either the Island county Court or the Court of Appeal that the 2016 vote cannot be implemented. As you will recall, this Board posted notice of its intent to go forward with implementing the 2016 assessment. This also means, as this Board has repeatedly indicated, that only members in good standing (current in the dues and assessment or on an approved payment plan for same) will receive the ballots that will soon be mailed for proposed Bylaws changes and election of new directors. The Lake Committee has invited Jessica Larson of Whidbey Camano Land Trust to have an informal discussion with us regarding their work in the Crockett Lake marsh, and how we might work with WCLT to benefit our lake. Members are invited to attend. It will be from 3:00 pm to 4:00 pm on Thursday, 11/16, at the shelter.
Please take a look at the ACBC Nomination Form to give your submission for new Directors!
The upcoming BOD Meeting date has been switched due to conflicting schedules. It will now be held on Monday the 18th. See you there!In response to input from the last community survey, a new infant/toddler swing has been installed at the playground.
We hope the children will enjoy it, and we are always looking for ways to improve our facilities. Thank you to everyone for your input! The weather - the BBQ/potluck - exceeded all expectations!The morning of the Fourth, we had 8 enthusiastic, regular, Member Lap Swimmers. The pool temperature was 82 degrees. They were just the first 8 of 151 Members and guests who enjoyed swimming in the pool. If we could have counted those there in the pool area that did not swim - our count would have exceeded 250. Thank you to all for continuing to make our community such an inviting and fun-filled neighborhood!
Bring some extra spending money when you come down to the pool! Admiral's Cove T-Shirts are available; $10 for youth sizes and $15 for adult sizes!
Open from June 13th through September 4th.
All additional information can be found on the Pool Page under Amenities! See you there!
We are getting underway for the summer. The pool will be open Memorial day weekend, Saturday, Sunday and Monday with free swim on Sunday. Potluck / BBQ on Sunday starting at 1pm. The social Committee will be providing hot dogs and hamburgers, coffee, lemonade, homemade Ice Cream and Root Beer. Bring your favorite dish and join in the fun!
It really saddens me to report that a large amount of vandalism has occurred at both the Shelter and the pool. Four windows were broken in the BBQ area, two windows broken on the fence on the shelter side of the pool fence. The outside restroom that we leave open for beach users, the toilet plugged with paper products, and the floor flooded.
The timeline has been determined to be between 2-5 pm on Fri. May 5. Two teenage boys were seen in the area during that time. We will be reviewing our video system, and forwarding all information to the Island County Sheriff Department. The Sheriff Department came down Fri evening, took pictures and filed a report. Anyone that has information to add, please contact the Sheriff's office, me, or anyone on the ACBC board. The case # 17-I07659. Damages are in the range of $1,200.00 plus. I'd like to thank Doug, Brenda, Mike and Heather, Darla, and Steve for helping with clean up and security. This is a good time to remind everyone that we will be having another round of work parties for spring clean up and ready the pool for the up coming season. May, Wed 17, and Sat 20, both 9 am - 5 pm. Food will be provided, come and meet your neighbors! Marty Lull |
AuthorACBC Board
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