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Nisqually Pines Community Club
Resolution no. 94 - 1
Effective January 1, 1995
Revised September 8, 2005
94.1.005 What gives Nisqually Pines the Authority to create rules and regulations? The Declaration of Protective Restrictions, Articles of Incorporation, and the Bylaws are the primary source of the Board’s authority to create rules and regulations for Nisqually Pines. It was from these governing documents that Resolution 94-1 was created.
RCW 24.03 Non-Profit Statute and RCW 64.38 Homeowners Association Statue also provide the Board the authority to create rules and regulations.
94.1.010 What is the Purpose of Resolution 94-1?
The Articles of Incorporation states:
Article Two
“The objects and purposes for which this corporation is formed are and shall be to further and promote the community welfare of the owners of the real property … to make said property a better place in which to live and enjoy life, …”
Nisqually Pines Community Club (The Pines) is a residential community. The majority of residents are peaceful and quiet, and prefer a calm residential environment. However, increases in development and population have resulted in rising criminal and hazardous activities, domestic problems, and violations of member’s rights and property. These activities threaten the peace and quality of life for residents, their families, guests, tenants, and independent security personnel within The Pines. Therefore, the purpose of 94-1 is to provide consistent rules and regulations for The Pines.
94.1.012 What definitions should I know? The purpose of the definitions is to provide clear written guidance for the membership of Nisqually Pines, Pines Security, and the Board of Directors.
(1) Board means the Board of Directors for Nisqually Pines Community Club.
(2) The Pines means Nisqually Pines Community Club.
(3) Adjudication committee is a volunteer committee formed of residents of The Pines. Their purpose is to adjudicate infractions of the rules and regulations of The Pines.
(4) Complaint of violation is a written statement that a person has allegedly committed a prohibited activity within The Pines.
(5) Adjudicate is to hear and settle a case by the Pines judicial procedures.
The following definitions are for the activities related to the fine schedule for Domestic Prohibited Activities, Vehicle-Related Prohibited Activities, Criminal Activities, Property Development Prohibited Activities, and Water System Prohibited Activities
(6) Assault is defined as an act by a person who inflicts bodily harm to another person with intent.
(7) Malicious mischief is defined as an act by a person that causes physical damage to the property of another with intent.
(8) Harassment is defined as an act by a person who knowingly threatens to cause bodily injury immediately or in the future to the person threatened or to any other person or to cause physical damage to the property of a person other than the actor. The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out.
(9) Nuisance is defined as every act unlawfully done and every omission to perform a duty, which act or omission shall annoy, injure or endanger the safety, health, or comfort, or any of any number of persons. Offends public decency or renders, in any way, a number of persons insecure in life or the use of property.
(10) Trespass is defined as a person knowingly enters or remaining unlawfully in or upon premises of another.
(11) Vehicle prowling is defined as with intent to commit a crime against a person or property therein, a person enters or remains unlawfully in a motor vehicle, motor home, or in a vessel equipped for propulsion by mechanical means or sail.
(12) Reckless driving means any person who drives any vehicle in willful or wanton disregard for the safety of persons or property. To include, but not limited to, weaving, racing, breaking traction, or unsafe lane changing.
(13) Weaving is to sway or move a vehicle from side to side in an uncontrolled manner.
(14) Passing in an unsafe manner means a driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If the overtaken vehicle must take any evasive action to avoid collision then the passing vehicle is driving recklessly.
(15) Stop means no forward or backward movement at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.
(16) Breaking traction means the spinning of tires as the vehicle attempts to move in any direction creating no control of the vehicle.
(17) Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passenger.
(18) Due Process is the established course for adjudication proceedings designed to protect the legal rights of the individual.
94.1.015 Where does the adjudication committee get its authority? The committee is authorized by the Nisqually Pines Community Club bylaws, Article X. The membership voted to make the adjudication committee a permanent part of our bylaws on December 4, 1999.
Members of the committee will be selected from written applications submitted to the existing committee members.
The responsibility of the committee will be to hear and decide resolutions to complaints about offenses against the Declarations of Protective Restrictions, Bylaws, Pines policies, and Resolutions. It shall make decisions immediately following an adjudication hearing.
94.1.016 What is the purpose of the adjudication process? The adjudication process is intended to give persons who may violate the Declarations of Protective Restrictions and Resolution 94-1 due process and a means to be heard fairly.
94.1.017 What is the complaint process? A complaint, that is alleging a person has committed a prohibited activity within the Pines, must be in writing and signed. All complaints must be turned in to the office. The office manager will distribute the complaints to the appropriate departments.
Persons who receive a Notice of Infraction may request a hearing. Upon receipt of the complaint or request, the committee will schedule a hearing.
If a person chooses not to request a hearing for a Notice of Infraction, they must pay the assessed fine within 15 days of the date of the Notice.
94.1.018 What happens at a hearing? At the hearing, the committee will give the complainant, respondent, and witnesses with relevant knowledge, a fair and reasonable opportunity to speak. The hearing may be postponed per the adjudication committee procedures.
The committee shall determine the conduct of the hearing, being sure the respondent has a fair chance to understand the complaint and respond to it. All procedures and decisions will be reasonable and fair, similar to what the committee members would hope for if they were the respondent. See The Pines Adjudication committee procedures.
All persons who may be responsible, as stated in 94.1.020 for the conduct of another, such as owners, landlords, parents, or legal guardians, will be given written notice and the opportunity to be heard. Any person under the age of 18 shall be accompanied by their parent(s) or legal guardian(s).
The committee can negotiate with the respondent and/or responsible person(s) at any time.
The result of the hearing can be a negotiated agreement; finding of no offense; or finding of an offense. If one or more offense is found, the committee can send a warning letter, impose a fine; and/or impose a restitution requirement for damages. The result of the hearing shall be put in writing and sent to the respondent, any responsible person, the complainant, and the Board of Directors.
94.1.019 How does the appeal process work? The respondent, complainant or responsible party may appeal a decision of the committee to the Board of Directors. An appeal must be filed with the Board, in writing, within seven working days of notification of the decision, or it will not be heard. The Board will decide the matter for itself, but will consider the decision of the Adjudication Committee. The Board of Directors will send a letter advising of the appeal decision within seven working days of the appeal. A copy of the decision will be sent to the Adjudication Committee.
All members are responsible for their own behavior, the behavior of their family members, people living with them, their tenants, and the guests of any of these. The Pines is intended to be a peaceful residential community and if members cannot prevent their family, guests, or tenants from committing prohibited activities, they should consider not inviting such guest, alternate living arrangements, county law enforcement and mental health authorities, or other possible courses of action and resources.
The Pines has jurisdiction over all members of the association. The member is the owner of the “real” property as recorded in the county records.
94.1.030 What can happen if I interfere with security personnel? No person within the legal boundaries of Nisqually Pines Community Club shall willfully interfere with the security personnel in performing their contractual duties.
Violations of this section are subject to fines listed in section 94.1.050, for each offense.
94.1.032 What are the responsibilities of the security personnel? Within the legal boundaries of Nisqually Pines Community Club, under circumstances where any citizen would have the right to make a citizen’s arrest, detain a person, or take any other action set out below, the security patrol:
(1) May arrest any person for:
(a) A felony committed in his/her presence;
(b) A felony committed outside his/her presence, if it has actually been committed, and he has probable cause to believe it has occurred.
(2) Shall have the right, pursuant to an arrest, to detain, through the use of such force as reasonable and necessary, any person until a law enforcement officer arrives, for the purpose of terminating or preventing of any crime.
(3) May, within the legal boundaries of Nisqually Pines Community Club:
(a) Escort non-residents outside the Pines main gate, if they are:
(c) Issue Notices of Infractions for violation of the driving and vehicle regulations described in 94.1.040 of this Resolution within the Pines (if an offender fails or refuses to stop, the Notice of Infraction will be mailed to the offender with the letter advising of the fine(s));
(d) Enforce the covenants, resolutions, and other rules and regulations of the Pines, which have been established in writing (May write a Notice of Infraction for violation of any portion of this resolution).
(e) Remove passes when violations are found, in addition to escorting the violators off of The Pines premises.
94.1.033 What is the maintenance of Nisqually Pines right-of-way? The maintenance of the road frontage right-of-way for each individual lot is approximately 10 (ten) feet from the adjacent roadway, unless otherwise indicated by survey markers. Said right-of-way will be mowed and maintained by the Pines crew unless:
The original state of the land has been altered by landscaping, fencing, rocks or any other fixtures that would make normal mowing or maintenance a hardship. Alterations being made by present or past landowners and/or renters.
94.1.035 What domestic activities are prohibited in The Pines? No person within the legal boundaries of Nisqually Pines Community Club shall:
1st 2nd 3rd 4th
& consecutive offenses
(1) Perform noxious or offensive activities which include, but are not limited to:
(a) Allowing dogs to run free outside of their owner’s property ;
$ 100 $ 250 $ 500 $1000
(b) Creating a nuisance as defined in 94.1.012 (9)
$ 100 $ 200 $300 $500
(c) Using any kind of motor, except electric, on the lake, not to exceed 5 MPH;
$ 100 $ 250 $ 500 $1000
(2) Perform acts dangerous or hazardous to people and/or property which include, but are not limited to:
(a) (i) Discharging firearms. Firearm is defined as a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.
$250 $350 $400 $500
(ii) Other weapons, including BB, paint, and pellet guns, bows, including crossbows and slingshots within the Pines in a reckless manner endangering people, property, or animals;
$125 $175 $400 $500
(b) Dumping hazardous materials such as oil, paint, or toxic chemicals on the ground, including the greenbelts, in the lake, stream, or river; including stockpiling such materials or chemicals on private or community property;
$1000 $2500 $3000 $4000
(c) Allowing or contributing to the accumulation of garbage, refuse, litter and /or unsightly materials, including vehicles (limit 5 (five) automobiles of any kind and watercrafts), on private or community property;
$100 $ 250 $500 $1000
(d) Burning any garbage or toxic items;
$250 $300 $500 $1000
(e) Disposing of human wastes in any manner other than in approved septic systems or the RV disposal unit at the RV dump;
$1000 $2500 $3000 $5000
(f) Walking, skateboarding, or riding any wheeled vehicle, including tricycles, bicycles or motor scooters, unreasonably on community roads in a hazardous or reckless manner or to obstruct or impair the flow of traffic.
$ 100 $ 150 $ 200 $250
(3) Keep or raise any livestock, animals or poultry, except cats or dogs and other household pets. No animals may be bred or maintained for commercial purposes. Household pets are those that are normally permitted to enter and stay in the personal living areas of the property owner.
$ 100 $ 250 $ 500 $1000
94.1.040 What vehicle-related activities are prohibited in The Pines? No person within the legal boundaries of Nisqually Pines Community Club, shall:
(1) Drive vehicles not licensed for use on public streets (not street legal) on Pines streets or community property. Vehicles may have a temporary pass issued directly from The Pines office.
$330 - each offense
(2) Operate any motor vehicle without a valid driver’s license in possession while operating a motor vehicle on The Pines property. Drivers shall present the valid driver’s license or driving permits upon request from The Pines security personnel.
(a) No person(s) under the age of 15years 6 months may operate any motor vehicle. Any person operating a motor vehicle with a driving permit will have an adult with five (5) years driving experience and legally licensed to drive a motor vehicle, in the passenger seat next to the driver.
(b) No person may drive a motorcycle or a motor-driven cycle unless such person has a valid driver’s license specially endorsed to enable the holder to drive such vehicles. However, a person sixteen years of age or older holding a valid driver’s license of any class may operate a moped.
$125 - each offense
(3) Drive without valid state approved vehicle insurance, proof required (must be shown to security personnel upon request);
$200 - each offense
(4) Operate any motor vehicle in excess of the stated speed limit or greater than posted or reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the roads in compliance with Resolution 94-1 and the duty of all persons to use due care.
(a) 1 to 5 over limit $ 57 - each offense
(b) 6 to 10 over limit $ 66 - each offense
(c) 11 to 15 over limit $ 95 - each offense
(d) 16 to 20 over limit $133 - each offense
(e) 21 to 25 over limit $180 - each offense
(f) 26 to 30 over limit $228 - each offense
(g) 31 to 35 over limit $275 each offense
(h) 36 plus $332 - each offense
(5) Disobey posted traffic signs within The Pines.
$ 57 - each offense
(6) Operate any motorcycle or other motor propelled 2, 3 or 4 wheel vehicle without a helmet.
$ 66 - each offense
(7) Drive in a reckless or negligent manner endangering the lives of others, such as, weaving, racing on community streets and attempting to evade law enforcement or security personnel;
$250 - each offense
(8) Fail to yield for law enforcement or emergency vehicles displaying red/blue flashing lights or Pines security personnel vehicles using flashing white/amber lights;
$ 71 - each offense
(9) Fail to stop for school buses when the “STOP” sign is out and the red lights on the school bus are flashing;
$300 - each offense
(10) Drive on Pines community roads without an AUTHORIZED sticker or pass. No person shall obtain a pass whether daily or monthly under false pretenses such as;
(a) Stating the vehicle belongs to a resident when it does not.
(b) Obtaining a pass for another person or vehicle.
(c) Passes shall not be reproduced in any way.
(d) Passes are to be used for a vehicle to go to the address on the pass and return to the gate unless other-wise stated on the pass (multiple addresses) or the person resides in The Pines.
(e) The pass holder(s) must be accompanied by the resident authorizing the pass if they want to drive around The Pines.
(f) Loan an issued pass to another person.
$ 50 - each offense
(11) Drive a motor vehicle on The Pines roadway construction zone in such a manner as to endanger or be likely to endanger any persons or property, or who removes, evades or intentionally strikes a traffic safety or control device.
$250 – each offense
(12) Parking vehicles in The Pine’s right-of-way in a manner that obstructs traffic, the mail carrier, or emergency equipment; or for any period exceeding six hours. Parking on The Pine’s right-of-way is permitted in the residence’s DRIVEWAY only. The vehicle must be two feet or more away from the asphalt.
$ 100 $ 250 $ 500 $1000
94.1.050 What criminal activities are prohibited in The Pines? Criminal activities should be referred to either Thurston County Sheriff or Yelm Police Department for handling. Charge and conviction will be handled by the court system. The Pines may assess these fines in addition to the county, if our security is involved.
No person within the legal boundaries of Nisqually Pines Community Club shall:
1st 2nd 3rd 4th
& consecutive offenses
(1) Commit any crimes, including, but not limited to:
(a) Assaulting any person, their family members, guests, employee, or security personnel;
$100 $ 250 $ 500 $1000
(b) Performing any malicious mischief or vehicle prowl, as defined in 94.1.012 (7) and (11) on private or community property;
$ 100 $ 150 $ 250 $ 500
(c) Performing any vandalism to private or community property;
$ 100 $ 250 $ 500 $ 1000
Plus restitution
(d) Criminally threatening any owner, resident, their family members, guests, employee, or security personnel;
$ 250 $ 500 $ 1000 $ 2000
(e) Criminally harassing any owner, resident, their family members, guests, employee, or security personnel;
$ 250 $ 500 $ 1000 $ 2000
(f) Sub-set (a) through (e) should be referred to 911 for Thurston County Sheriff or Yelm Police Department response. Pines security will back-up law enforcement when requested, or in the absence of law enforcement, attempt to prevent the situation from escalating.
(g) Trespassing onto Pines community or private property.
$ 250 $ 500 $ 1000 $ 2000
(2) Breach the peace in the Pines in any way, including, but not limited to:
(a) Using “fighting words” to any owner, resident, their family members, guests, employee, or security personnel that are intended or likely to provoke acts of violence;
$ 100 $ 250 $ 500 $1000
(b) Preventing any owner, resident, their family members, guests, employee, or security personnel from performing regular lawful activities or duties, whether business or recreation;
(i) Security Personnel
$ 250 $ 500 $1000 $2000
(ii) Employees
$ 250 $ 500 $1000 $2000
(iii) Private Citizens
$ 100 $ 250 $ 500 $1000
(c) Performing any activities, such as spitting or throwing rocks, in a way that is likely to provoke any owner, resident, their family members, guests, employee, or security personnel.
$ 250 $ 500 $1000 $2000
94.1.075 What property development activities are prohibited in The Pines? No person, owner, tenant, contractor, or developer within the legal boundaries of Nisqually Pines Community Club who owns or is developing or changing the landscaping of property within the Pines shall not:
1st 2nd 3rd 4th
& consecutive offenses
(1) General
(a) Have more than one single family dwelling on each legally platted lot;
$ 1000 $2500 $5000 $1000
(b) Use any method of disposal for human waste other than a county approved septic system or san-a-can;
$ 1000 $ 2500 $ 5000 $10000
(c) Take longer than one year to landscape their property to a level consistent with general community standards;
$100 $250 $500 $1000
(d) Allow their property to become an eyesore or nuisance
$ 100 $ 250 $ 500 $1000
(e) Remove any trees or vegetation from greenbelts;
$ 100 $250 $500 $1000
(f) Damage neighboring properties;
$100 $250 $500 $1000
(g) Burn without the proper permits (county and/or Department of Natural Resources (DNR)
$250 $250 $250 $250
(h) Leave fires unattended.
$250 $250 $250 $250
(i) Have permanent or planted structures on the pines right-of-way
$100 $250 $500 $1000
(2) Contractors/Developers
(a) Start any new development without a recent survey of the property;
$1000 $2500 $5000 $10000
(b) Fail to provide a county approved site plan and building permit to the Board of Directors prior to starting construction;
$1000 $2500 $5000 $10000
(c) Load/unload or drive tracked equipment, such as bull dozers, excavators, and logging equipment, on Pines roadways;
$1000 $2500 $5000 $10000
(d) Start work before 7:00 AM or finish after 10:00 PM;
$ 250 $500 $1000 $2000
(e) Fail to place culverts under driveways and otherwise wherever necessary;
$100 $250 $500 $100
(f) Fail to obey all set backs as described in the Declaration of Protective Restrictions.
$ 1000 $2500 $5000 $10000
(3) Mobile Homes
(a) Bring in any mobile home not approved by the Board of Directors;
$ 1000 $ 2500 $ 5000 $10000
(b) Fail to put skirting on the mobile home within 30 days of occupancy;
$1000 $2500 $5000 $10000
(c) Fail to meet mobile home policy requirements (see Mobile Homes Policy).
$1000 $2500 $5000 $10000
NISQUALLY PINES COMMUNITY CLUB
ADDENDUM TO RESOLUTION 94-1
Effective April 1, 1999
Revised June 2005
94.1A.050 What is the purpose of 94-1A? The purpose 94-1A of Nisqually Pines Community Club is to further define, regulate, and control the following within the legal boundaries of The Pines:
(1) Junk vehicles, watercraft, and automobile graveyards and the storage of such vehicles, watercrafts, and their component parts.
(2) Uncontrolled weeds, vegetation and dry grass.
(3) Refuse collections such as junk, garbage or an overall accumulation of tangible material displayed outdoors in a state of disarray*.
94.1A.010 What gives the Pines the Authority to further define Resolution 94.1? The Declaration of Protective Restrictions, Articles of Incorporation, and the Bylaws are the primary source of the Board’s authority to create rules and regulations for Nisqually Pines.
RCW 24.03 Non-Profit Statute and RCW 64.38 Homeowners Association Statue also provide the Board the authority to create rules and regulations.
94.1A.012 What is the definition of junk vehicles/watercrafts? Junk vehicles/watercrafts are any motor vehicle, motor home, travel trailer, semi-trailer, or pick-up camper, canopy or watercraft which is inoperable or improperly stored, or is in a state of disarray*, or is otherwise disassembled or considered spare parts or that can leak any hazardous materials, including petroleum products.
Any component part of such vehicle or watercraft, including, but not limited to tires, engine blocks, windows, pickup beds, fenders, trunk lids, hoods, panels, transmissions, rear ends, axles, brakes, grills, seats, windows, hulls, etc., which is inoperable, rusty, or stored in a state of disarray*, and which, by virtue of their condition, cannot be economically restored to operable condition, cannot be considered a spare part for any other vehicle or watercraft on the same property, or is extensively damaged.
Vehicles or watercrafts with broken windows or windshields, missing tires, motor or transmission, or have missing equipment required for safe operation either on the road or on the water and that have no current license plate/decal displayed, or have license plates/decals that have been invalid for sixty days or more.
94.1A014 What is the definition of an accumulation of automobiles and watercrafts? An accumulation of automobiles and watercrafts is any lot or place which is exposed to the weather and upon which more than five (5) motor vehicles of any kind (including motor homes, travel trailers, utility trailers, semi-trailers, pickup campers or canopies (not mounted on a pickup), or watercrafts of any type.
Vehicles that are enclosed within a building, or a six (6) foot high solid fence, or solid walls which provide a permanent screen barrier or fence to prohibit visibility from right-of-ways and/or adjacent and nearby properties are not considered part of an automobile and marine graveyard.
The barriers and fencing must not be placed on community property or compromise visibility at intersections or curb cuts. Junk vehicles/watercrafts may not be stored on community rights of way, streets or other community property.
94.1A.016 What is considered uncontrolled weeds, vegetation, and dry grass? The following is, but not limited to, a list of what is considered uncontrolled weeds, vegetation, and dry grass; (1) Any hazardous or uncultivated plant growing in profusion so as to crowd out desired plant growth or otherwise disfigure a lawn; or
(2) Any vegetation growth, including but not limited to, weeds, grasses, bushes, hedges and trees or tree branches which obstruct the vision of people in vehicles or on rights-of-way so as to interfere with the safe, full and free use of such street or right-of-way; or
(3) Any accumulation of weeds, brambles, berry vines, or other uncultivated vegetation that exceeds the average height of fifteen (15) inches, which is overgrowing or adjacent to any legally stored vehicle, motor home, travel trailer, utility trailer, semi-trailer, pickup truck, camper or canopy, watercraft, fence or fence line, garbage cans, burn barrel, tree stump, firewood stack, decorative rock or existing boulders, fuel tanks, children’s playground equipment, flower boxes, or utility pole; or
(4) Grass that is not maintained and over fifteen (15) inches tall that is dry and brown in color and easily combustible.
94.1A.018 What will happen if uncontrolled weeds, vegetation, and dry grass are not maintained and become a fire hazard? During the summer months when it is hot and dry and the fire danger is high, grass and vegetation that is not maintained and over fifteen (15) inches tall and is dry and brown in color and easily combustible will not be permitted. The following will occur;
(1) Owners of property with such grass and vegetation will be sent a certified letter advising of the grass and immediate fire hazard.
(2) They will be advised that the grass must be cut and removed within ten (10) days of the date of the letter or the Pines will cut and remove the grass.
(3) They will be given a list of names of persons who will cut and remove the grass for a reasonable fee.
(4) If the Pines hires a contractor to cut and remove the grass or vegetation, all costs will be assessed against the property owner. This includes any legal fees or costs associated with having law enforcement (Thurston County Sheriff), if necessary, at the time of removal.
94.1A.019 Is there any exception to uncontrolled weeds, vegetation, and dry grass maintenance? Yes.
If the accumulation of vegetation or grass does not constitute a fire or safety hazard, does not harbor hazardous pests or rodents, and where, because of unique topographical, agricultural or rural character of the property on which the accumulation is located, it enhances the property or is not visible from any other property, such vegetation will be permitted.
94.1A.022 What is Refuse collections? The following is, but not limited to, a list of refuse collections that are not acceptable in the Pines;
(1) Food garbage or leftover food articles or containers, bagged or not bagged left outdoors.
(2) Broken household furniture and appliances left outdoors or stored on patios and decks.
(3) Stacks of scrap lumber piled in a state of disarray* and uncovered.
(4) Empty pallets stacked in disarray*.
(5) Burned, partially burned or unburned tree limbs and stumps piled in a state of disarray*.
(6) Burn barrels that are rusted through or in a state of disintegration and contain half-burned garbage or other burnable material.
(7) Outdoor yard tools left in yards or driveways until they are rusty or overgrown with grass or weeds.
(8) Scrap iron or old rusted metal machinery or parts thereof.
(9) Rock and/or dirt piles and stumps from uncompleted lot construction that cannot be defined as cultivated or as landscaping remaining after 30 days after work stoppage. An extension, for good cause, may be requested at the office.
94.1A.024 What definitions of disarray are applicable to 94.1A?
Any one of the following definitions of disarray may be used wherever the word is used in the above text.
*DISARRAY:
· Disorder or confusion.
· An untidy condition, disorderly.
· Turmoil, tumult, chaos, snarl, muddle.
· A state of disorder.
· Indiscriminate mixing or putting together of things so that it is difficult to distinguish the individual elements or parts.
· A disturbance of the proper order or arrangement of parts.
· Confused mixture of dissimilar things.
· Total and apparent lack of organization.
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NISQUALLY PINES COMMUNITY CLUB
ADJUDICATION COMMITTEE PROCEDURES
Effective January 1, 1995
Revised April 1998 |
HEARINGS
Hearings will be held on the second Tuesday of each month in the Nisqually Pines Community Clubhouse. They will start promptly at 7:00 PM. All respondents, complainants, and witnesses must be present at that time.
Security will attend hearings when requested or when a Notice of Infraction is appealed.
If the complainant and/or the respondent cannot appear, the hearing may be postponed twice. After two continuances at the request of the respondent with no appearance, a fine will be assessed, based on the information at hand. If the complainant does not appear, the complaint will be dropped.
The committee will meet immediately after the hearings to determine the outcome of the hearings, which may include compromise, agreements, fact finding, penalties, restitution, probationary periods, and so on, that are best calculated to prevent future violations. The respondent, if found in violation, may appeal, in writing, to the Board of Directors within seven days.
ADJUDICATION COMMITTEE
The Adjudication Committee is authorized by the Nisqually Pines Community Club bylaws Article XII, voted in by the members on March 7, 1998.
Committee members are entrusted with confidential information. Each member of the committee must not discuss Adjudication Committee matters except with other committee members currently serving, the Board of Directors, or office staff when necessary. An Adjudication Committee member found violating confidentiality may be removed from the Adjudication Committee by the committee or the Board of Directors.
A quorum of a minimum of five members must be present to conduct business at scheduled meetings.
If a quorum is not available, the hearings will be postponed. This type of postponement will not count against the complainant or the respondent.
Committee members must excuse themselves if they are personally involved with the complainant or the respondent, the incident, or have any other significant conflict of interest so that their participation appears unfair to either side. Any committee member with a conflict that does not step down can be removed from the Adjudication Committee by other committee members or the Board of Directors.
The majority of the committee present at the meeting must agree on the outcome and fine/restitution.
The Committee must have the following positions:
The facilitator :
· Is chosen by the members of the committee from volunteers.
· Has the right to vote.
· Chairs the hearing and keep it on track.
· Does most of the talking for the committee during the hearing,. however, members of the committee may ask questions at the discretion of the facilitator.
· Signs correspondence from the committee.
· Is rotated as decided by the committee members every four months.
The secretary:
· Is chosen by the committee from volunteers.
· Makes sure the tape recorder is running properly during the hearings and when the decisions are made.
· Writes the minutes from the tapes.
· Makes sure the recorded tapes are kept secure.
· Finds his/her own replacement, if cannot be present at a meeting.
The coordinator:
· Is chosen by the committee from volunteers.
· Is the contact between the Board of Directors the office, and the committee.
· Makes sure all materials (including the minutes) are in order for the committee members for each meeting.
· Returns materials and decisions to the office (except the minutes tapes).
· Works with the office manager, making sure the outcomes of the hearings are clear and understood.
Other positions and their duties may be designated by the committee as desired or needed.
TERM
There are no term limitations. A resident of the Pines may serve on the committee as long as they feel they can be unprejudiced and fair in their decisions.
ABSENCES
Excused absences will be permitted with a valid reason. After two unexcused absences, the committee member will be automatically dropped from the committee.
PROCESS
· The complainant, the respondent, and responsible person (property owner), if any, should appear at the hearing.
· Both complainant and the respondent may bring witnesses.
· The facilitator will read the complaint and be sure the respondent understands the complaint.
· The facilitator will ask the respondent for their response.
· Discussion will follow. Each side will have a total of five minutes to present their information.
· After concluding, the committee will excuse both and go on to the next complaint.
· After the hearings, the committee will make a decision on each case, based on its own merits and the fine schedule. Restitution will be determined by cost of repair or replacement.
· Committee decisions will be noted by the coordinator secretary and given to the office manager.
· The office manager will draft a letter for the facilitator’s signature to the respondent, responsible persons (property owner), if any, with a copy to the complainant.
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