Pine Forest Homeowners Association

Policies & Rules

Late and Nonpayment of Assessments and Fees
Enforcement and Fine Policy
New Water System Connections and Connection Repairs Policy

 

 

Late and Nonpayment of Assessments and Fees

This section establishes the policies and procedures of the Pine Forest Owners Association (PFOA) regarding late payment and nonpayment of Assessments and Fees issued by PFOA in accordance with RCW 64.38.020(11), Article VIII of the by-laws, Section VII.d. of the Covenants, and Supplemental Covenant b. The PFOA Board of Directors (Board) adopted this Policy on 14 March 2020.

A. “Late” Payments

Late payments are those either paid electronically or postmarked after the due date noted on the invoice.

B. Late Fees & Interest

Late payments will immediately incur a fee equal to 2% of the initial assessment or fee amount (e.g., $25 on a $1,250 annual dues and water fees invoice) and will incur an additional fine in the same amount for each month the payment is overdue. In addition, interest on the unpaid balance in the amount of 1% per month will begin to accrue on the day following the due date on the initial invoice.

C. Debt-collection Process and Associated Costs

  1. Payments more than 30 days past due will receive a delinquency notice advising the owner of the updated amount due and describing how late fees will continue to accrue.
  2. Payments more than 60 days past due may result in the PFOA filing a Notice of Assessment Lien. The Owner will be responsible for all associated costs incurred by PFOA.
  3. Payments more than 180 days past due may result in PFOA filing a legal action to collect sums due, including foreclosure proceedings. The Owner will be responsible for all associated costs incurred by PFOA.

D. Returned Check Fee

A fee of $40 will be charged for returned checks.

E. Inability to Pay

Any Owner unable to pay Assessments or Fees should contact the PFOA President or Treasurer as soon as possible. The Board, in appropriate circumstances, may vote to provide an alternate payment schedule and to waive late fees and/or interest.

F. Priority of Application of Partial Payments

Any payment that does not cover all the amounts due will be applied chronologically, beginning with the oldest debt.




Enforcement and Fine Policy

This section establishes the policies and procedures for enforcement of the Pine Forest Owners Association’s (PFOA’s) governing documents (i.e., bylaws, covenants, and other rules and regulations), pursuant to RCW 64.38.020(11), Article II.h. of the PFOA by-laws, and PFOA Covenants Sections VII.b. and XI. The PFOA Board of Directors (Board) adopted this Enforcement on March 14, 2020.

A. General

  1. Governing documents subject to enforcement may be found on the PFOA website:
    Bylaws
    Covenants 
    Architectural Guidelines 
  2. A violation by any owner, resident, occupant, and/or tenant of a lot(s) shall be treated as a violation by the entire ownership of the lot.
  3. Failure of PFOA to take action on any violation shall not constitute a waiver on the part of PFOA to take action for such violations or future similar violations as the Board deems appropriate.
  4. Nothing contained herein shall prevent PFOA from taking any action to recover the cost of damages or to obtain injunctive relief, or both. In the event PFOA does commence a lawsuit or undertake other legal action, it shall seek from the Owner reasonable attorney fees, expenses, and costs incurred for such action as provided by law.

B. Reports and Notices of Violation

  1. Any owner, resident, occupant, tenant, and/or property manager may report an alleged violation by submitting a PFOA Report of Alleged Governing Documents Violation (Form One) to the PFOA Community Liaison at P.O. Box 443, Winthrop, WA, 98862 or liaison@pine-forest.org. The source(s) of any such report will remain anonymous, except to Board members, unless they expressly choose to reveal their identity and, except in such cases, all identifying information about the source(s) shall be redacted in any records provided for owner review.
  2. Upon receipt of the report of alleged violation, the Board will informally notify the reportedly responsible owner(s) by phone call or email, gather evidence, and then determine the appropriate course of action, if any, in Executive Session at the next regular Board meeting or special meeting called for that purpose.
  3. As necessary, the Board will determine whether a violation is ongoing or finite in duration, as well as whether it is a repeat occurrence of a governing documents violation by the same owner. The Board will also determine, at its discretion, whether each violation is major or minor in severity, based on the impact of the violation on the Pine Forest community, which determination an owner may appeal to a Hearing Panel, as described in Section C. Examples of major violations include discharging a firearm within Pine Forest for any purpose other than defense of life or property; open burning when a fire danger burn ban is in effect; unauthorized connection to the Pine Forest water system; or grading or excavating for or constructing a residence or other larger structure without or substantially different from Architectural Committee approval. Minor violations include placing a sign, constructing a small accessory structure, or removing an individual tree without required authorization.
  4. Should the Board determine that there is a violation(s), it will notify the responsible owner(s) with a written Notice of Governing Documents Violation (Form Two) for each separate infraction, sent via Return Receipt mail. The Notice will, if applicable, specify corrective actions and a compliance schedule. and will in all cases request the owner's Response to Notice of Governing Documents Violation (Form Three).

C. Hearings

  1. Except as limited herein for repeat infractions, an owner who has received a Notice of Governing Documents Violation may exercise their right to be heard by requesting a hearing before an advisory panel of PFOA members using the Response to Notice of Governing Documents Violation (Form Three). Such re-quests must be postmarked within 10 days of the owner’s receipt of the Notice of Violation and must indicate whether the owner intends to have an attorney present at the hearing. The owner should use Return Receipt mail if he/she wants confirmation of PFOA receipt of the request prior to scheduling of the hearing (see item 3). Repeat occurrences of the same governing documents violation will not be eligible for a hearing as to whether a violation occurred or its severity. Failure to notify PFOA that an attorney will accompany the owner to the hearing may result in unannounced postponement of the hearing until PFOA can arrange for attorney representation as well.
  2. The Hearing Panel will consist of three unrelated owners and one alternate, each elected for a one-year term at the annual membership meeting. None of the Hearing Panel members shall be a party to the complaint nor legally related to any party to the complaint.
  3. Upon receipt of a timely hearing request, the PFOA Secretary will schedule a hearing at the earliest date practical for the requesting owner, the Board, and, if they want to be present, the person who reported the violation. Whenever possible, the hearing will occur during the next regular Board meeting. In the event that such scheduling is not possible, the hearing will occur on the earliest date practical for all involved parties. Participation by any party may take place by telephone or other remote meeting tool. Once the hearing is scheduled, the Secretary will provide the Notice of Hearing on Governing Documents Violation (Form Four) to the requesting owner via Return Receipt mail. Notice of the hearing shall be provided to all other owners in accordance with the notification requirements for Board meetings, as detailed in the governing documents.
  4. The Board will provide the Hearing Panel with the elements of the Notice of Violation at least 10 days prior to the hearing, and the owner(s) requesting the hear-ing may provide a written summary of their position, through the Board, up to 10 days prior to the hearing. The owner(s) requesting the hearing must not communicate directly with Hearing Panel members about the case prior to the hear-ing.
  5. The hearing will be informal, but orderly and respectful, with a Hearing Panel member acting as chair and the PFOA Board President acting as sergeant-at-arms. The Board will observe the hearing. All parties will represent themselves. The Board will read the elements of the Notice of Violation into the record, after which the person requesting the hearing will present evidence and/or testimony in support of their position. The Hearing Panel may limit the time allowed for such evidence and testimony. Hearing Panel members may ask questions of the owner, the Board, or any other person in attendance. Minutes of the hearing will be kept by the Panel or person designated by the Panel (e.g., the PFOA Secretary). All evidence presented at the hearing shall become the property of PFOA.
  6. If the person who requested the hearing fails to appear, the Hearing Panel will base its findings on whatever information is presented at the hearing or other-wise available to it.
  7. The Hearing Panel will review all evidence and testimony presented and, if possible, provide its findings and recommendations to the Board immediately following the hearing. If the Hearing Panel determines that its review and recommendations will take additional time and/or the Board determines that written findings and recommendations will be necessary for its decision, then the Hear-ing Panel shall provide written findings and recommendations to the Board no less than 10 days prior to the next regular Board meeting or special meeting called for that purpose.
  8. The Board will consider the findings and recommendations of the Hearing Panel and accept, reject, or modify the recommendations, or take other appropriate action. PFOA will provide any written findings and recommendations of the Hearing Panel, as well as the written Board determination (Form Five) to both the person who requested the hearing and the person who reported the violation.

D. Fines

  1. An owner may be fined for a violation of PFOA’s governing documents. Any such fine shall be assessed against both the lot(s) and the owner(s) thereof.
  2. If, following any hearing that may occur under Section C, corrective actions are not completed as directed and/or in the case of repeat occurrences of the same governing documents violation by an owner, the Board will set a fine and notify the owner(s) with a written Notice of Fine for Governing Documents Violation (Form Six), sent via Return Receipt mail. The Notice will also describe how additional fines shall accrue for ongoing noncompliance (i.e., continuing violation and/or failure to pay the original fine).
  3. Fine Schedule: The Board will determine the severity of the violation based on the impact of the violation on the Pine Forest community and, if a hearing was held, in consideration of the recommendations of the Hearing Panel.
  4. Additional fines for issues of ongoing noncompliance shall begin to accrue on the day following the specified compliance deadline. PFOA will pursue collection of unpaid fines in the same manner as delinquent assessments, as detailed in the governing documents.
  Violation and Severity of Fine Amount
Event Minor Violation Major Violation
Initial Notice of Violation No Fine No Fine
Initial Notice of Fine $50 $250
Ongoing Noncompliance $50 per month $250 per month

E. Resolution

When an owner believes that he/she has completed all prescribed corrective actions and paid all applicable fines, he/she should notify the PFOA Secretary, who will arrange for inspection of the site and confirmation of payment. Once the Board determines that all required corrective actions have been completed and any fines paid, PFOA will provide the owner with a Notice of Resolution of Governing Documents Violation (Form Seven).




New Water System Connections and Connection Repairs Policy

This section establishes the policies and procedures for new connections to the Pine Forest Owners Association’s (PFOA’s) water system, as well as for new repairs to existing connections, in accordance with PFOA Covenant IV.g. The PFOA Board of Directors (Board) adopted this Policy on March 14, 2020.

A. Application for Connection

Lot Owners shall apply for connection to the PFOA water system through the Architecture Committee’s form for Approval of a Primary Residence Construction no less than one month in advance of the desired connection date. The fee for water connections shall be established annually each spring by the PFOA Board of Directors.The owners of currently unconnected lots shall be notified via their approved means, either email or U.S. mail, immediately thereafter. The water connection fee must be paid to the PFOA Treasurer prior to initiating installation of the connection. The fee will cover the cost of the water meter, vault, and related equipment supplied by PFOA, as well as anticipated costs to PFOA for installation and inspection. The PFOA water system manager’s contact information is available on the Contacts page. Connections will not be approved for owners in arrears on any dues, fees, or other financial obligations to PFOA. Any unauthorized connections will be removed under the direction of PFOA and at the owner’s expense immediately upon discovery.

B. Connection and Metering Specifications

All connections to the PFOA water system shall be metered and made in a permanent, sanitary manner. PFOA will provide the meter, vault, and related equipment advised by the PFOA water system manager upon payment of the water connection fee. Connections shall be made at a point designated by the PFOA water system manager or approved contractor. Wherever practicable, the connection, including the meter and vault, will be located on PFOA-owned land, alongside the Lot Owner’s property line. Meter installation and water system connection shall be completed by a licensed contractor approved by and subject to the supervision of the PFOA water system manager and shall be inspected by the PFOA water system manager prior to cover. Owners must contact the PFOA water system manager and/or the PFOA Community Liaison no less than seventy-two hours in advance to arrange installation and/or inspection. (Contact information available on the Contacts page.)

Water lines between the meter/vault and the home shall be installed and maintained by the Lot Owner. Such lines shall not exceed 1-1/4” diameter. Preferred material is 1” Class 200 poly, but acceptable materials are Type K copper and brass. Galvanized pipe and fittings are not allowed due to persistent corrosion problems.

All taps into PFOA water lines will be done with a Romac saddle for the appropriate pipe size, with a minimum of two bolts per saddle, unless the PFOA water system manager specifically approves an alternative configuration. All valves must be manufactured by the Mueller Company and be of one inch or larger size. The valve shall be located two to four feet from the roadside ditch nearest the home or five to ten feet [from the road?] if no ditch is present.

All pipe from saddle to shut-off valve must be IPS 200 class poly, fusion fitting, or brass compression fitting with stainless stiffeners. Saddle types are dictated by soil conditions and pipe size. Check with the PFOA water system manager or approved contractor. Pipe is to be bedded in sand with a mini-mum of six inches of cover. If poly pipe is used, also lay a wire along the pipe to ensure ability to locate water line and, prior to backfilling, cover the pipe with 2” foam to protect it from perforation. When backfilling in the roadway, compact in two-foot lifts and/or use a self-compacting material such as 5/8” crushed fill.

Check valves must be installed on the uphill side of the meter for all homes that will be uphill of the meter. Install freeze protection in the vault in the form of a 2” thick disc of foam insulation placed above the meter.

Pipe and fittings must be visible and sand for bedding/backfill must be on site at the time of inspection.

C. Other Hardware Requirements

A back-flow valve approved by the PFOA water system manager must be installed at the time of home construction. In addition, a water shut-off valve for Lot Owner use must be installed by the Lot Owner, between the meter/vault and the home at the time of home construction or, if not already in place, at the time of subsequent repairs to the water line on the Lot Owner’s property.

D. Meter Control

Water meters shall be maintained by PFOA and within PFOA’s exclusive control. Where placement on PFOA-owned land is not practicable or, in the case of existing meters, did not occur, the Lot Owner or occupant shall permit unencumbered entry by the PFOA water system manager and PFOA Board members, contractors, and their designees upon the premises served by the PFOA water system for the purpose of reading, inspecting, maintaining, and/or repairing water meters and/or other PFOA-owned apparatus utilized in the provision of water service. Owners or occupants must not deter such meter reading, inspection, maintenance, or repairs via a) any obstruction that prevents access; b) any dog or dangerous animal that may threaten authorized personnel; or c) any dangerous or unsanitary condition.

E. Limitations on Service

Owners or occupants must not provide water to any other premises within or outside Pine Forest.

F. Reservation of Powers

PFOA reserves the following powers: a) to terminate water service, without notice, for the purpose of effecting inspections, maintenance, or repairs, or any other purpose consistent with the operation of the PFOA water system; b) to terminate water service, with proper notice (see part H), for nonpayment of water fees; c) to enter upon private property, if necessary, for the purpose of reading, inspecting, maintaining, or repairing the apparatus utilized in the provision of water service or enforcing any policy relating to water service; and d) to exercise all powers consistent with and in the furtherance of the operation of the PFOA water system, and in compliance with state law.

G. Annual Water Fees and Billing Procedures

PFOA shall establish annual water fees for properties connected and not connected to the PFOA water system, typically in conjunction with the presentation of the proposed annual budget to the membership at the annual membership meeting, typically held Memorial Day weekend. PFOA will generally issue invoices for annual water fees via email—unless requested otherwise—within two weeks of the May meeting, with payment generally due one month later. It will be the responsibility of each owner to notify PFOA of changes in billing address. Late fees shall accrue and liens against the property shall be recorded as established by PFOA policy and published on the PFOA website (Fee Schedule and Covenants). Nonpayment may also result in termination of water service.

H. Termination and Reestablishment of Service

Failure to pay water fees and/or associated late and/or lien fees may result in termination of water service, with written notification thereof provided via email—unless requested otherwise—at least seventy-two hours in advance. PFOA may also terminate service for violation of any other part of this policy by an owner or occupant. PFOA will reestablish service once the owner or occupant has paid the entire arrearage, together with associated late and lien fees.