Ruby Apartment Project Update 20150819

On August 19, the Court Clerk of Division 2 of the Washington State Court of Appeals notified the counsel for the developer of the Ruby Apartments project and the Oakbrook 4th Addition Homeowners Association of the filing of a dismissal motion, by the developer, as follows:

"...The appellant has filed a motion to dismiss the appeal in the above-referenced appeal. It appears that this case should be dismissed and will be placed on a motion docket for dismissal. In accordance with the court's general order 91-1, effective April 1, 1991, the motion for dismissal received and filed on August 19, 2015 will be determined without oral argument. Any written response to the motion must be served and filed no later than August 31, 2015. A ruling of dismissal will be entered soon thereafter..."

Ruby Apartments Project Update 20150804

Don MacSparran reported today (August 4, 2015) that:

• The City is aware of the condition of the Ruby DR parcel, and is following the municipal code to require the developer bring the parcel into code compliance. He has been ticketed!

• The developer submitted a preliminary plat application, and is expected to submit a revised/corrected version to the City soon. This is for 13 single-family homes.

Don also reported that a check with the courts this morning "revealed that the developer's appeal of the Summary Judgment (on the Ruby Apartments proposal) is still active; and (that) we need to stay on top of this until the community prevails and single-family homes are built (or a park)--my opinion."

Ruby Apartments Project Update 20150725

 On June 22, 2015 the following letter from David Bugher, Assistant City Manager, and Community and Economic Development Director, was sent to Jake Sampson, developer of the proposed Ruby Apartments project, and others, regarding the Ruby Drive Apartments Design Review Appeal, Case #LU1500003

“The City of Lakewood received a timely appeal of the Ruby Drive Apartments Design Review on January 2, 2015 from Oakbrook 4^th Addition Homeowners Association (hereinafter referred to as "appellant"). A telephone pre-hearing conference was held on February 3, 2015 between City staff, the hearing examiner, and Jake Sampson (hereinafter referred to as "developer"). The appellant chose not to participate and the City has had no further contact with the Homeowners Association.

“The Hearing Examiner's preliminary pre-hearing order and continuance notice that followed the pre-hearing conference requested that the developer provide a revised arborist report that addressed the issues presented in the appeal. The developer submitted a revised tree plan and arborist report on February 25, 2015. Staff determined that some of the issues that needed to be addressed were not included in the report and sent a correction letter on February 26, 2015. The Community and Economic Development Department sent another letter to the developer on April 30, 2015, requesting an approximate date that the report would be resubmitted. The developer did not respond to this letter. Letters notifying the developer that the project's building permits were due to expire were sent to the developer on April 17, 2015.

“In short, since receipt of the report on February 25, 2415, the City has heard nothing in response to our attempts to communicate with the developer. Due to the time that has passed with no communication by either party to the appeal, the City requests further guidance on how to proceed with this appeal. With no communication from either the appellant or developer, it appears that both the appeal and project are abandoned.

“At this time, the City is seeking a dismissal and/or a pre-hearing conference to resolve this matter.

“(signed) David Bugher, Assistant City Manager, and Community and Economic Development Director”

*****

On July 9, Don MacSparran reported that a check of the Pierce County tax assessor's web site, revealed that Mr. Jake Sampson and Ruby 62 Holdings are delinquent with the property's taxes due on April 30^th, that he now owes $5,469.52 with penalties and interest accruing daily, and opined that it may be getting close to the time to make an offer to purchase the property. He also reported that “WA L and I suspended his contractor's license on June 18th under the relicensed JRS Commercial LLC.”

Ruby Apartments Project Update 20150609

On June 9, 2015, I passed on to the Oakbrook Townhouses Board the following communication of Don MacSparran:

"...Folks,

I spoke with the City this morning--the apartments will NOT be built! The building permit applications have expired, and with that, so have the vesting rights by JR Sampson to build multi-family housing. The single family R-3 zoning applies to future development. A letter explaining this is being written by the City to send to the developer as I write this. I'm not sure how this impacts the appeal that is currently in process by the developer, but to me it seems like he may be spitting into the wind.

So, it appears we have prevailed, although I'll hold my jubilation until the Ruby parcel is developed with single family homes or a park.

Cheers,

Don..."

Ruby Apartments Project Update 20150513

Greetings, team,

 

On May 13, 2015, the attorneys for Ruby 62 Holdings, LLC filed their notice of appeals of the recent Summary Judgement decision on the Ruby Apartments project by Superior Court Judge Crushcoff to the Court of Appeals, Division II.

 

The legal documents can be downloaded from the Pierce County LINX site.

 

As I understand it, the appeal is based on the existing record, and not an opportunity to introduce new evidence.  This action was expected, so not much new here.

 

Ruby Apartments Project Update 20150323

On March 12, Don MacSparran, of the Oakbrook 4^th Addition, reported that he “…spoke with Dave on Monday evening; the City Attorney is reviewing the ruling--once the City staff gets her guidance, they will proceed. I have asked that the fence be removed and the entire tract cleaned-up and maintained to the standards in the municipal code--until the developer either does something with the land or sells it…”

On March 15, Sylvia Allen, of the Oakbrook 4^th Addition, reported the need to begin consideration of ways to maintain the property as park/open space, and suggested a way, using the Limited Improvement District provisions of state law, and spelling out the means for doing so.  Ken Karch provided early comments outlining several methods for doing so, and urging early action.

On March 16, Don MacSparran reported that “…as expected, the developer has filed a motion for reconsideration with the superior court today, March 16. I also spoke with City Staff and several council members this evening prior to the city council meeting. The city will have a city code enforcement team check on the 7701 Ruby Dr SW tract and provide the developer with a list of code violations to be fixed, if any. Three cars may soon be towed from the north side of the property…(T)he administrative hearing which is pending a completed arborist report, remains open and ongoing; still awaiting the arborist report…”

On March 18, 2015, Don MacSparran reported the reconsideration hearing is scheduled for April 10, 2015.

On March 19, Nicole Greeson, of the 4^th Addition, referenced an article on the status of the Ruby Apartments lawsuit, in the Tacoma News Tribune, at

http://www.thenewstribune.com/2015/03/19/3697837_judge-favors-lakewood-homeowners.html?rh=1

Recent contributions have also been made by Nancy Dilworth and Ken Karch on the economics of alternative development of Tract E, and on the possible loss of tree protections.

On March 23, 2015, Don MacSparran reported he “…spoke with the City this morning to get an update on the post pre-hearing order and continuance notice dated February 4, 2015 by the City of Lakewood Hearing Examiner. The City is still waiting on an updated arborist report from the developer. Paragraph 4 of the February 4th Order had estimated that receipt of a new arborist report AND review by the City would take less than three weeks total to complete…”

Ruby Apartments Summary Judgement Handed Down

Attached is a summary by the 4th Addition's President, Eric Greeson, of Judge Crushcoff's Summary Judgement in the Ruby Apartments lawsuit, handed down yesterday, March 6, 2015.  Additional information will follow, but thought the Oakbrook Townhouses blog readers deserved as much information as possible as soon as possible.

***** 

To Oakbrook 4^th Addition Homeowners and interested parties,

As put out by your HOA board Friday, the ruling regarding our filing for Summary Judgment was granted. Please see our attorney Dianne Conway’s summary below:

“As you know, Judge Chushcoff granted Oakbrook 4^th Addition HOA’s Motion for Summary Judgment yesterday morning.  What this means is he agreed with our argument that the Covenants restrict any development of Tract E to detached, single-family homes of no more than two stories in height, regardless of what the zoning code allowed at the time Ruby 62 Holdings LLC applied for permits.

Ruby 62 Holdings LLC has 10 days to file a motion for reconsideration, which I think is very unlikely,  and 30 days to file an appeal, which its attorney says it will.  If the LLC does file an appeal, there will be a  briefing process followed by oral argument (unless the Court of Appeals decides it doesn’t want oral argument), after which the Court of Appeals will issue a decision three to six months later.  Overall, the process would take one to one-and-a-half years.  In the meantime, Judge Chushcoff’s ruling will stand.  

The judge’s ruling does not affect the permitting process with the City.  It will be up to the LLC whether it continues with that process or not if and when it files an appeal.  I suspect that it will, since if its application expires, it will no longer be vested under the old zoning code, which would make the appeal pointless. Mind you, the LLC’s attorney also indicated that the LLC had some financial problems, so that may influence the LLC’s actions as well.”

We are very pleased with this outcome. Thank you all for your support. Time spent preparing for and attending the Summary Judgment will incur attorney’s fees larger than previous months.  I understand that financial restraints may have discouraged some from contributing to our legal fund, as a large number of homeowners have yet to contribute. However, this issue affects all of Oakbrook and even a small donation has an impact. Please show your support by sustaining our legal fund.

As always, visit our websites’ forum section for any questions you may have.

Thank You,

Eric Greeson

President 4^th Addition HOA

Oakbrook Townhouses 2015 Annual Meeting Minutes

Attached are the draft minutes of the 2015 Oakbrook Townhouses Annual Members' meeting.

Annual Meeting Minutes

January 20, 2015

Oakbrook Townhouse, Inc.

c/o Northwest Properties Agency, Inc.

9527 Bridgeport Way SW

Lakewood, WA 96499

The Annual Meeting of the Oakbrook Townhouse, Inc was held on Tuesday, January 20, 2015 at the RMG Golf Club, 8102 Zircon Drive SW, Lakewood, WA.

Five proxies were needed for a quorum.  Karch asked board members to call some neighbors and others went door to door and brought back sufficient proxies to meet the quorum requirements.  The meeting was then called to order at 7:46 PM

President Karch welcomed residents in attendance and recognized members of the Board and asked them to introduce themselves.   He introduced Pat and Bill Price from Northwest Properties, Inc.  President Karch asked each resident to introduce themselves.

Rinnan moved to dispense with the reading of the 2014 Annual Meeting minutes, as they had been sent to the membership with the meeting announcement.  Glamba seconded.  Motion carried.

A motion to approve the 2014 Annual Members’ meeting minutes as distributed to the membership was made, seconded, and passed.

Karch presented a proposed Rules of Order to ensure an orderly meeting.  Rinnan moved to adopt the following Rules of Order:

“…I move that the Annual Meeting of the Oakbrook Townhouses, Inc. be guided by the current edition of Roberts’ Rules of Order, except where they conflict with the RCWs governing Oakbrook Townhouses, Inc., the Oakbrook Townhouses, Inc. CC&Rs or Bylaws, or policies adopted by the Board, or where the strict compliance with Roberts’ Rules of Order hamper the orderly conduct of business of Oakbrook Townhouses, Inc., and further, that members who wish to speak must be recognized by the chair, that any motions are to be in writing and given to the Secretary, that any member seeking to be recognized to speak on a motion or to ask questions about any matter coming before the association will be limited to 3 minutes per motion or question until all members who wish to speak on the motion have had a chance to be heard…”

Dilworth seconded the motion.  Motion carried.

State of the Association

President Karch reported on the State of the Association:

“…During 2014, we completed the repainting of the entire complex, on time and within budget, at a cost well below the projected costs for the project in the 2009 Reserve Study.  In addition, some remedial work on dry rot correction and painting which the Board has identified, is being completed on a case by case basis.  The Board has completed a study of moisture content of all building end walls (those most subject to dry rot damage) and found between 5% and 10% of end walls with elevated moisture content, which will help focus our remedial work. 

“…Early in 2014 we discovered a material defect in the roofing material on Building 3.  The installer and roofing material manufacturer stood behind their product and work, and after some negotiation, the Board was able to secure a new roof for the entire building, at minimal cost to the association.  This will put off an expense projected in the 2012 Reserve study of about $70,000 by 7 years.

“…We have also completed the repair and/or replacement of 4 driveways, repaired and/or replaced several rear decks, a number of light fixtures and metal railings, dealt with roof leaks, and carried out gutter and downspout cleaning following storms. Once again we can boast of an overall budget in balance, significant contributions to our reserve account aimed at reducing or eliminating the need for special assessments in the future, and a “clean” audit.

“…We experienced the resignation of Board members Tim McCoy and Mike Bitow, and two of the open Board positions are those.  So we have four positions to fill on our 9-member Board.

“…We completed a customer survey of our full membership in April, seeking information on the issues you felt were most important for the Board to address, and how well we were doing on each.  We got almost a 50% return rate.  To my knowledge this is the first customer prioritization and satisfaction survey even conducted by Oakbrook Townhouses members.  The Board also adopted a set of goals for 2014, based on your priorities, and completed a Board assessment of our performance against those goals in December.  Copies of the customer survey results and Board report card were on the table when you came in.

“…During the past year, we invited members to sign up to receive periodic email updates on issues of interest to the Oakbrook Townhouses membership, and about a dozen emailings have gone out.  A signup form was on the table at the entrance.

“…We also created a blog site, which can be accessed at:

http://www.oakbrooktownhouses.blogspot.com/

“…The past year saw a proposal to develop a 62 unit three story apartment building on the property between Ruby Drive and Zircon Drive, on the open space formerly occupied by the swimming pool and tennis courts.  We have tried to keep the membership informed of the developments in the minutes, via separate mailings and emailings, and on the blog, and have taken strong positions in opposition to the development, including a joint letter from the three involved HOAs, and testimony at a rezoning hearing.  Several of you have offered comments and testimony on the projects…”

Karch also reported that “…the Board is looking at a number of new initiatives during 2015.  In addition to a keen recognition of the financial constraints we have all operated under during the past few years, carrying out the myriad of normal maintenance activities,  we have been discussing getting an early start on items in the reserve study; refining the priority system for needed work; securing additional feedback from you through a customer survey on what you think are the most important issues facing us, as well as how we are doing in addressing them; setting up a more formal project list; carrying out your highest priority projects; and assessing our performance at the end of the year; refining the process for review of all contracts; and making needed contributions to the reserve account…”

Reserve Study Update

State law requires that all HOAs carry out a Reserve Study, and update it periodically.  The OT Board initiated its first Reserve Study in 2009, with updates in 2011 and 2012.   Karch explained the Reserve Study process and that the Board continues to work on a variety of issues to keep costs down.  The Reserve Study is available to all residents and there was a request form on the back table to request a copy.  The Reserve account has $141,000.  Each year we contribute $30,000 to the Reserve account.  The Reserve Study specialists indicate we are in a good position compared to many other Associations.

Budget for 2015 and Projected Budget for 2016

Karch presented the proposal for the 2015 budget and indicated the projected 2016 budget is included, as required by law.  Copies were sent to all members with the meeting announcement, and were available on the table at the entrance.

The Voting Process

Karch opened up the voting process.  He explained that there will be three items to vote on:

1.    The 2015 proposed budget is the same as 2014.  Monthly assessments will continue to be $330.00 a month.

2.    It was moved, seconded, and approved to nominate three Board candidates as indicated on the proxy (Hamann, Karch, and Pearcy), plus write-in resident Sandra Charlton.  Karch asked for any other nominations from the floor.  There were none and the nominations were closed.  There are four candidates.

3.    Change to bylaws.  This change will allow emails to serve as a proxy with a follow up telephone call. The proposed wording change to the Bylaws is as follows:

“…Amend Section 5, Article X of the Oakbrook Townhouses, Inc. By-laws to read as follows (existing wording in italics; proposed addition is underlined):

SECTION 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Proxies submitted to the Board or its agent(s) by email shall be accepted, provided the proxy holder confirms the emailed proxy transmission. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his/her Lot…”

A break was called while the votes were counted.  Rinnan, Dilworth, and a member from the audience counted the votes, and certified the results.  

Karch reported the 2015 Board members election results as follows:

Hamann – 28            Karch – 28                 Pearcy – 27               Charlton - 6

Karch declared all four were elected to serve on the Board. Karch welcomed the elected Board members and indicated a Board meeting would be held immediately following the Annual Meeting to elect officers for 2015.

Karch announced the 2015 Budget vote results as follows:

Yes – 34                    No - 1

Karch declared the proposed 2015 Budget approved.

Karch announced the bylaws change to allow proxy votes via email results as follows:

Yes – 26                    No - 4

Karch declared the proposed Bylaws change approved.

Karch introduced Pat Price from Northwest Properties.  Price presented information about the importance of having adequate insurance coverage.  She encouraged all residents to review their insurance coverage with their agent to determine whether their coverage is adequate.  The insurance agent needs to know if you have upgraded floors, counter tops and also flood insurance is important if a water problem occurs within the unit, as some of these are not covered in many homeowners’ policies. 

Karch asked if there was any further old business to discuss or new business.  Hearing none he thanked all the residents for attending.

Adjournment

It was moved, seconded and approved to adjourn the 2015 Annual Member’s meeting.

Karch adjourned the meeting at 9:10 PM. 

Note:  Following the Annual Members’ meeting, the new Board convened to elect officers for 2015.  The following officers were elected.  President Ken Karch; Vice President Al Glamba; Secretary Sue Bailey; and Treasurer Mike McDonald.

Approved,

__________________________________________

Ken Karch, PE, Board President

Oakbrook Townhouses 2015 Annual Meeting

The 2015 Annual Members' meeting of Oakbrook Townhouses, Inc. was held on January 20, 2015.

Regrettably, we did not have a quorum at the scheduled starting time of 7 pm on January 20, 2015.  Members present agreed to make efforts to secure a quorum, and reconvened about 7:45 pm.  The result was we secured a quorum and proceeded with the meeting.  


The Oakbrook Townhouses 2015 budget proposal passed 34 to 1. Monthly charges will remain at $330.

The bylaws change permitting acceptance of emailed proxies passed 26 to 4.

Two Board members were relected and two new Board members were elected for the first time.  They are:

Ken Karch and Jim Pearcy releected
David Hamann and Sandra Charlton newly elected

Karch, Pearcy, and Hamann will serve three-year terms, and Charlton will serve a one-year term.

At the Board meeting immediately following the Annual Meeting, all four current officers were re-elected to their current offices.  They are: Ken Karch, President; Al Glamba, Vice-President; Sue Bailey, Secretary; and Mike McDonald, Treasurer. 

Lois Agrelius Passes Away

Lois Agrelius, former Board member, Secretary, and Secretary/Treasurer of Oakbrook Townhouses, Inc. passed away recently.

Following is Lois’ obituary, as published in the Tacoma News Tribune January 22, 2015:

“…Lois Mae Agrelius Lois was born on October 22, 1927 in Tacoma, Washington to Benjamin and Vivian McLorinan. She passed away at her home surrounded by family at the age of 87 on January 15, 2015, in Alta Loma California. Lois was preceded in death by (brother) Eugene, (sister) Elaine, (husband) Edwin Agrelius. Lois is survived by (daughter) Cathy L Brown, (son-in-law) Dennis Brown, (son) Jason S. Agrelius, (daughter-in-law) Sara Agrelius, (granddaughter) Felicia M. Agrelius. She was a devoted wife, loving mother and grandmother who will be deeply missed. Graveside services will be held at Mountain View Memorial Park, 4100 Steilacoom Blvd. S.W., Tacoma WA 98499, Sunday, January 25, at 12:30pm. Celebration of life will proceed after services at Stonegate Pizza 5419 South Tacoma Way, Tacoma, WA 98409. In lieu of flowers donate to any cancer charity…”

Ruby Apartments Project Update 20150115

Don Macsparran has provided the following update on the Ruby Apartments proposal:

Folks,

I spoke with the City (Dave Bugher) this morning--NO date has been set yet for the hearing for the Design Review Appeal filed by the HOA on January 2nd. They expect a response soon from the hearing examiner. (cold and flu season)

Also:

1. An arborist (I think that's what he is) was on the Ruby site yesterday afternoon surveying and marking trees in relation to the survey markers putin the ground last week to mark the perimeter of the proposed buildings, etc.
2. The contractor's (JR Sampson) license still shows as suspended by L and I as his insurance expired on 1/1/15.
3. Lawsuit update posted with Superior Court: on 1/13/15 (Tuesday) CONFIRMATION OF JOINDER OF PARTIES, CLAIMS AND DEFENSES; which in legal terms means the lawsuit has passed the preliminary stages, with issues clearly laid out, with one side asserting the truth of each point, and the other side asserting the falsity; as well as identifying all identified parties.

Thanks,

Don