Weather for Surf Pines
If you have comments or suggestions about this web site, please e-mail the Webmaster.
Copyright
© 2007
Surf Pines Association
Preliminary Surf Pines Association Special Meeting Results
For Acceptance at October 19, 2009, Board Meeting
October 17, 2009
Dear Surf Pines Association member,
A special members meeting for the purpose of voting on proposed bylaw changes was held on October 17, 2009, at 9 a.m. in the Surf Pines Meeting House. There were 132 proxy/ballots received. Seventeen did not meet the requirement for voting due to unpaid balances, lack of identification, failure of the proxy to attend, and other reasons. This left the Board with 115 valid proxy/ballots. The following vote was tabulated by the Board of Director’s counting submitted proxy/ballots. Note that not all ballots included votes for every measure.
Michael Wilkin, President, Surf Pines Association.
Measure 1: Amends present Section 1.6 defining member to
harmonize bylaws with Articles.
1.6 MEMBER shall mean any property owner entitled to membership under article
VI of the Articles of Incorporation.
96 Yes on Measure 1 17 No on Measure 1
Measure 2: Amends present Section 2.1 limiting Association
powers to harmonize bylaws with Articles.
2.1 LIMITATION OF PURPOSE AND ACTIVITIES. The purpose and activities of the
corporation are limited to those authorized by Article II of the Articles of
Incorporation.
90 Yes on Measure 2 20 No on Measure 2
Measure 3: Adds new Section 2.3 on conflicts with CC&Rs to
resolve possible conflicts.
2.3 CONFLICTS WITH CC&Rs. Wherever these bylaws conflict with existing Surf
Pines Area Covenants, Conditions & Restrictions (CC&Rs), the CC&Rs take
precedence.
84 Yes on Measure 3 26 No on Measure 3
Measure 4: Adds new Section 9.1.3 requiring audit every
three years.
9.1.3 The directors shall present an audit of the financial accounts of the
Association by a Certified Public Accountant to the annual meeting every three
years beginning with the annual meeting of 2010.
91 Yes on Measure 4 22 No on Measure 4
Measure 5: Adds new section 8.1(h) replacing two present
enforcement provisions with one uniform provision. The last 3 paragraphs of
section 8.1(e) and the last paragraph of section 8.1(f) are replaced with the
following:
8.1 (h) Enforce these bylaws as follows: If it appears probable to the Board
at any time that a violation of these bylaws has occurred, is occurring or is
about to occur, the Board shall schedule a hearing not less than 30 days after
notice of the hearing and its purpose is mailed by certified mail to the owner
at the address that appears in the records of the association or actual
residence. If at the hearing the Board finds that a non-continuous violation has
occurred the Board may assess the owner a maximum of $20. If it determines that
a continuous violation is occurring or is about to occur the Board shall give
notice thereof in the manner provided above. 30 days thereafter the Board may
take any action allowed by law or these bylaws to enforce its decision,
including imposing assessments of a maximum of $20 a day for each day that the
violation continues after the 30-day notice period. Assessments shall be
collected in accordance with section 9.6. The Board also may bring in the name
of the association an action in court for damages or for an injunction or for
such other remedy as may be available. All decisions of the Board under this
subsection shall be binding on the parties.
61 Yes on Measure 5 51 No on Measure 5
Measure 6: Amends view protection requirement (1) of Section
8.1(f). to clarify intent to prohibit placement of any view intrusion over Ocean
Drive setback line.
8.1 (f) (1) No part of any residence or other construction, nor any other
object intruding on views to the west of the ocean-front setback line defined
herein, may be placed to the west of that line. Trees, bushes and other
vegetation west of that line before October 17, 2009 may be maintained, but no
vegetation that may obstruct views may be planted west of the line after that
date.
86 Yes on Measure 6 28 No on Measure 6
Measure 7: Amends view protection requirement (5) of Section
8.1(f) to clarify intent to prohibit placement of any object above height
limitations on all lots.
85 Yes on Measure 7 29 No on Measure 7
Measure 8: Amends Section 8.2(c) to empower Board to impose
assessments for unauthorized modifications of right-of-ways and other common
properties.
8.2 (c) Cause the common properties to be maintained. The Board may impose
assessments under subsection 8.1(h) for trees, plantings, fencing, structures,
parking, storage or other modifications or intrusions upon the right-of-ways or
other common properties done without written approval by the Board. Owners shall
comply with any order of the Board requiring removal or correction of such
conditions.
66 Yes on Measure 8 47 No on Measure 8
Measure 9: Adds to Section 8.1(e) new provision prohibiting
hazardous burning. The following is added to the list of "hazardous conditions
or general nuisances" in section:
8.1(e): * Burning that threatens property and/or health.
79 Yes on Measure 9 35 No on Measure 9
Measure 10: Adds to Section 8.1(e) new provision empowering
Board to require removal of dead or uprooted trees. The following is added to
the list of "hazardous conditions or general nuisances" in section:
8.1(e): * Dead or uprooted trees not removed 30 days after a Board order for
removal.
59 Yes on Measure 10 56 No on Measure 10
Measure 11: Adds to Section 8.1(f) new provision setting
standards for residential construction. The following is added to section:
8.1(f): Purpose: To establish residential construction standard.
All residential structures shall be constructed on-site (pre-cut, on-site
assembled homes are permitted). All trailers, mobile homes, and modularly built
homes pre-constructed off-site for movement over highways are prohibited.
91 Yes on Measure 11 25 No on Measure 11
Measure 12: Adds to Section 8.1(f) new provision setting
standards for residential use. The following is added to section:
8.1(f): Purpose: To establish residential use standard.
No structure or object other than a permanent residence affixed to a
foundation, including a trailer, camper, basement, shed, garage, or barn, may be
used as a temporary residence for more than 14 days within a one-year period
without prior Board approval or as a permanent residence.
78 Yes on Measure 12 36 No on Measure 12
Measure 13: Adds to Section 8.1 (f) new provision requiring
maintenance of seriously deteriorated structures. The following is added to
section:
8.1 (f) Purpose: To establish residential maintenance standard.
Owners must repair seriously deteriorated building structures, exterior
walls, roofs, fences, driveways, sidewalks, walkways and parking areas.
74 Yes on Measure 13 41 No on Measure 13
Measure 14: Adds to Section 8.1 (f) new provision
prohibiting outdoor storage. The following is added to section:
8.1(f): Purpose: To prohibit outdoor storage.
Storage of items (other than stacked firewood) including but not limited to
tires, lumber, household appliances, furniture, fixtures or inoperable vehicles
is permitted only within the confines of a house, garage or storage port.
72 Yes on Measure 14 42 No on Measure 14
Measure 15: Adds to Section 8.1 (f) new provision requiring
screening of certain outdoor parking, repairs. The following is added to
section:
8.1(f): Purpose: To screen certain outdoor parking and repairs.
Except as provided herein, the following must be screened from view from the
street by being kept either within the confines of an enclosed garage or storage
port, or behind shrubbery or a screening fence: Boats, trailers, campers, truck
campers, light recreational vehicles, light recreational equipment, trucks
(other than pickups), more than four autos or pickups, or vehicle repairs other
than emergency repairs. Exception: The foregoing objects may be parked in view
from the street on a temporary basis (not more than 120 hours).
62 Yes on Measure 15 53 No on Measure 15
Surf Pines Bylaws Review Committee Minutes
Purpose: At the annual Surf Pines Association membership meeting on August 2, 2008, the membership voted for” a committee to review the bylaws and report to the membership at the next Annual meeting.”
Surf Pines Bylaws Review Committee
January 8, 2009, 9 AM
Executive Summary
Committee Members: Steve Dawson (Chairman), Clarke Powers (Scribe), Robert Ball (absent), Jack Faust (absent), Art Limbird, Paul Peterson, Marilou Sayer
The Chairman presented the consolidated Bylaw proposals, along with Jack Faust’s legal review. As a result of that review and committee discussions, some items have been removed from the proposed bylaws. Those removed will be recommended to the SPA Board for inclusion in the SPA Guidelines. The committee expressed optimism that the Sea Breeze article will encourage more public participation.
The topics below represent the items currently proposed, in no particular order of importance. This draft list is not considered complete or final.
Add vehicle parking restriction
Add prohibiting temporary and pre-built residential structures
Add a Bylaws committee for receiving all SPA non-compliance complaints and
reviewing the Bylaws every two years
Add Right-of-Way responsibilities
Add prohibiting dumping on any lot
Add burning permit requirement
Add CC&R conflict
Add annual audit requirement
Change Fiscal Year cycle so that the annual membership meeting can approve the
proposed annual budget before its execution
Clarify Articles I & II
Timeline completion: There are two more meetings and one workshop anticipated before the committee considers their preparations for the annual membership report complete.
Next meeting will convene on January 28, 2009 at 9 AM.
***************************************************************************************
Surf Pines Bylaws Review Committee
December 11, 2008, 3 PM
Executive Summary
Committee Members: Steve Dawson (Chairman), Clarke Powers (Scribe), Robert Ball, Jack Faust (absent), Art Limbird, Paul Peterson, Marilou Sayer
The topics below represent the items currently proposed, in no particular order of importance. This draft list is not considered complete or final. Steve had compiled all comments for review. ACTION: 1) Clarke to rewrite compliance committee article and matrix for timelines. 2) Steve to provide suggested insertion of new/modified articles into the existing bylaws. 3) Clarke to provide suggested wording for January edition of Sea Breeze.
Add vehicle parking restriction
Add prohibiting temporary and pre-built residential structures
Add a compliance committee for receiving all SPA non-compliance complaints,
providing first level resolution before SPA Board involvement
Add Right-of-Way clarification
Add prohibiting dumping on any lot
Add burning guidelines
Add scotch broom/tansy ragwort control
Add CC&R conflict
Add Bi-annual audit requirement
Change Fiscal Year cycle so that the annual membership meeting can approve the
proposed annual budget before its execution
Clarify Articles I & II
Next meeting will convene on January 7, 2009 at 9 AM.
************************************************************************************
Surf Pines Bylaws Review Committee
November 24, 2008, 4 PM
Executive Summary
Committee Members: Steve Dawson (Chairman), Clarke Powers (Scribe), Robert Ball, Jack Faust (absent), Art Limbird, Paul Peterson, Marilou Sayer
The topics below represent the items currently proposed, in no particular order of importance. This draft list is not considered complete or final. Each committee member should provide their comments on the wording to Clarke or Steve by December 5, 2008
Add vehicle parking restriction
Add prohibiting temporary and pre-built residential structures
Add a complaint committee for receiving all SPA complaints and possibly
providing first level resolution before SPA Board involvement
Add Right-of-Way clarification
Add prohibiting dumping on any lot
Add burning guidelines
Add scotch broom/tansy ragwort control
Add CC&R conflict
Add Bi-annual audit requirement
Change Fiscal Year cycle so that the annual membership meeting can approve the
proposed annual budget before its execution
Clarify Articles I & II
Next meeting will convene on December 11, 2008 at 3 PM.
********************************************************************************
November 12 2008, 4 PM
Executive Summary
Committee Members: Steve Dawson (Chairman), Clarke Powers (Scribe), Robert Ball, Jack Faust (absent), Art Limbird, Paul Peterson, Marilou Sayer
Several of the committee’s ground rules were reviewed for common understanding.
 | Public Comment - The committee meetings are open to the public. Public comments are welcomed and encouraged, both before the committee begins proposal deliberations and after the deliberations are completed. |
| Charter - The committee’s charter or scope, as defined by the approved motion, is the Surf Pines Association (SPA) Bylaws. Any proposal that only impacts the Articles of Incorporation or the Surf Pines Guide may not be considered. The committee may consider any proposed amended bylaw that is also written in the Articles of Incorporation. |
| Process - Once the proposed Bylaws’ list, comprised of amended or additional bylaws, is completed, individual committed members will write the suggested wording for their assigned bylaws, submitting to Steve or Clarke for consolidation. Once consolidated, the committee will meet to review the list in its entirety for consensus. Then it will be submitted to Jack Faust for his legal review, followed by John Gates for understanding. Steve will then schedule a workshop with the SPA Board to review the proposals for any inconsistencies before the SPA Board submits for SPA legal review. Following that review, the committee will meet to write the report and recommendations for presentation at the next annual meeting. |
The topics below represent all items currently proposed, their status, and are in no particular order of importance. This draft list is not considered complete or final.
Add vehicle parking restriction–
Accepted.
Add prohibiting temporary and pre-built residential structures– Accepted.
Add a complaint committee for receiving all SPA complaints and possibly
providing first level resolution before SPA Board –In
discussion.
Add Right-of-Way clarification–In discussion.
Add prohibiting dumping on any lot–In discussion.
Add burning guidelines--Accepted
Add scotch broom/tansy ragwort control—In Discussion
Add tree height restrictions and tree removal penalties--Removed, not
accepted.
Add prohibitions from Seaside Signal article – Combined with Dumping
Proposal.
Amend voting rights to provide qualified members with one vote per taxed
property owned—Removed, In Articles of Incorporation only.
Add CC&R conflict—Accepted
Add Bi-annual audit requirement—Accepted
Change Fiscal Year cycle so that the annual membership meeting can approve the proposed annual budget before its execution--Accepted
Clarify Articles I & II--Accepted
Next meeting will convene on November 24, 2008 at 3 PM.
****************************************************************************
Surf Pines Bylaws Review Committee
October 29, 2008, 4 PM
Executive Summary
Committee Members: Steve Dawson (Vice Chairman), Clarke Powers (Scribe), Robert Ball, Jack Faust (absent), Art Limbird, Paul Peterson, Marylou Sawyer
The committee membership changed due to two resignations (Calvin Gantenbein & George Hawes) and three members being removed because of continuous non-participation (Burr Allegaert, Jeff Hall, & Russell Keizer). Steve Dawson is the new chair by committee consensus with the Vice Chair remaining vacant. The quorum is now four of seven.
The committee decided to list all proposed bylaws for consideration. Once the list is complete then the committee will begin the selection process for possible wording and submittal.
The topics below represent all items currently proposed and are in no particular order of importance. This draft list is not considered complete or final.
Add vehicle parking restrictions
Add prohibiting temporary and pre-built residential structures
Add a compliance committee for monitoring and possible first level enforcement
of bylaws before Board of Director involvement
Add Right of Way obligations for property owners
Add prohibiting noxious or offensive activity or dumping on any lot
Add burning guidelines to the Surf Pines Guide
Add scotch broom/tansy ragwort ban or restriction to bylaws or guide
Add tree heights restrictions and tree removal penalties. (Details to be
determined. ACTION: Paul Peterson to
provide wording)
Add prohibitions from Seaside Signal article
Clarify Articles I & II
Next meeting will convene on November 12, 2008 at 4 PM.
***********************************************************************
Summary of October
8
Committee Members: Calvin Gantenbein (Chairman), Steve Dawson (Vice Chairman),
Clarke Powers (Scribe), Burr Allegaert (absent), Robert Ball, Jack Faust
(absent), Jeff Hall (absent), George Hawes, Russell Keizer (absent), Art Limbird,
Paul Peterson, Marylou Sawyer
The summary of September 9 was approved.
Jack Faust submitted his results of action items on section
1.6 and 2.1 of the current bylaws. He suggested revisions to these sections for
clarification. Bold are additions and strikeouts are deletions.
The committee approved these changes for submission to the Surf Pines Board of
Directors and annual membership meeting.
Article I: 1.6 MEMBER shall mean
any property owner entitled to membership under person or entity who
holds a property interest in property in the community that qualifies as the
owner thereof, as per Article VI of the Second Amended
Articles of Incorporation [Amended 9-94]
Article II: 2.1 LIMITATIONS
OF PURPOSE AND ACTIVITIES. The purpose and activities of the
corporation are is limited to development, maintenance, and
operation of the common properties and amenities owned and operated by the
Association, as per those provided in Article II of the Articles of
Incorporation.
The committee reviewed Articles III through IX:
- The committee approved an addition to Article VIII, paragraph 8.1 [e]: 7. Ban all scotch broom throughout the association, both in common areas and private property. [Scribe Note: This appears in conflict with Surf Pines Landing CC&Rs, paragraph 2.2.1 concerning soil erosion regulation.]
- The committee approved an addition to Article IX. Paragraph 9.1: (C) The Board of Directors shall cause an annual audit by a Certified Public Accountant (CPA) of the financial accounts of the Association, the results thereof to be reported at the annual membership meeting.
- The Association burn policy was discussed as outlined in the Surf Pines Owners’ Guide for 2008-2009, page 10, Fire and Smoke. The committee tabled any suggested bylaw change but recommended the Board of Directors publish this guidance in the next Surf Pines Breeze and add the following to the guide: These permits require inspection by officials of the Oregon Department of Forestry (ODF) of your burning facilities. In addition, the permits have detailed requirements for burning and an expiration date. The permits are issued at no charge. You should generate as little smoke as possible to reduce potential health problems to your neighbors.
- There was general discussion on pre-built structures and county regulations. ACTION: Clarke to obtain county information and report to the committee at next meeting.
- There is a question for the board on the Surf Pines’ guide. There is comprehensive information on burning, security, pets, committees, etc. Is any of the information binding or strictly information that is not enforceable?
Next meeting will convene on October 29, 2008 at 4 PM.
****************************************************************************
Summary of
September 24
Committee Members: Calvin Gantenbein (Chairman), Steve Dawson (Vice Chairman),
Clarke Powers (Scribe - absent), Burr Allegaert(absent), Robert Ball, Jack Faust
(absent), Jeff Hall (absent), George Hawes, Russell Keizer (absent), Art Limbird,
Paul Peterson (absent), Marylou Sawyer (absent)
Meeting was not held because a quorum did not exist.
*****************************************************************************
September 10, 2008,
4 PM
Summary
Committee Members: Calvin Gantenbein (Chairman), Steve Dawson (Vice Chairman), Clarke Powers (Scribe), Burr Allegaert (absent), Robert Ball, Jack Faust, Jeff Hall (absent), George Hawkes, Russell Keizer (absent), Art Limbird, Paul Peterson (absent), Marylou Sawyer
Ground Rules:
- The committee members decided that a simple majority could hold a meeting but it takes a quorum (7 of 12) to vote on any proposed recommendations submitted to the Surf Pines Board of Directors. There will be no proxies permitted.
- Each meeting summary will be sent to the Surf Pines Board of Directors Secretary for posting on the website. In addition, the Committee Chairman will distribute the summary to committee members via email.
- Last item to be resolved is how the committee will present to the Board of Directors, individual items as they are approved by the committee or present all approved recommended items as a package to the Board of Directors.
- The Bylaws committee will present it findings to the membership at the Annual Meeting, as specified at the August 2, 2008 Annual Meeting.
General Information: The original Covenants, Conditions, and Restrictions (CC&Rs) for Surf Pines expired in 1974/1975. Three areas in Surf Pines have their own CC&Rs – Horizon Estates, Silverspot Meadows, and Surf Pines Landing.
The committee reviewed Articles I and II.
- A question was posed on the apparent redundant wording of section 1.6 (i.e. “entity who holds a property interest in property in the community”.) ACTION: Jack Faust to review the wording.
- Section 2.1 appears to limit the Bylaws to common areas only. Article II of the Articles of Incorporation also includes other purposes such as “heath and welfare of the community.” ACTION: Jack Faust to review for clarification if the Bylaws purpose should be expanded to include all the purposes in Article II of the Article of Incorporation.
- There was general discussion on several topics to be pursued at follow-on meetings, such as prefab homes, vehicles, audits, budget cycle, unsightly lots, animals, temporary structures, voting rights of multiple property owners.
Next meeting will convene on September 24, 2008 at 4 PM.