F R Owner

This site was created to give the non-board Owners a Bulletin Board
The 'board' wouldn't let us post msgs on 'their' mailbox board
'The right to free speech'

Speak Out !
Send your FR info & comments in to be posted
No content editing of your material
falconridge1@juno.com

Organizer(s) needed.
This is a really temp location for this site

Former and current board members who will renounce the heavy-handed tactics of past and present boards are welcome to comment here. Stand up and be counted.

-The board held an 'Annual' meeting on the wrong date clearly specified in the CC&Rs and didn't tell us what happened except to say that the dues would be kept the same. Well, this is not because they are trying to keep the cost down; it is because this was a bad year for the economy and there wasn't enough inflation in the CPI to justify raising it.

-That letter of 5-18-09 lists a bunch of reasons why we should allow monthly dues payments. They are the very reasons that i stated during my 2002-2004 court case when i had a reasonable request to continue paying monthly due to financial reasons. Then the board penalized me $18,000 by not allowing me to pay monthly. e. moss, 2403 Place.

-"We have great board members. You can be one of us. We have fun together." This is an amazing statement from the 5-18-09 letter from P Allard. Anyone believe this crap?

-As to this letter, “We have fun together.” They made a grown man cry at a meeting. They paid a board member to do part of the gardener’s job and still had to pay the gardener. They used to use FR funds to pay for take-out dinners for board meetings for years. They paid $10K for a study, at Tungsvik’s insistence, that was ignored. A past board member kept his key to the clubhouse and used the copy machine for free; the same member topped trees on the adjoining property so he could get a better view of the lake. They have declared homeowners persona non grata when they speak up. They repeatedly ignore motions on the floor at Annual Meetings, and change the CC&R fixed date of these meetings, including this one. They are allowed to ignore the CC&R when it doesn’t suit their agenda. Homeowners are apparently expected to Anticipate how the board might Interpret the CC&R. They know they can’t get a vote to change the CC&R so they just made up new rules that overturned the CC&R and called them New House Rules I & II. The board had members that were not legal homeowners. The Association lawyer is the board’s lawyer since the homeowner is always wrong and the board is always right. After I called the cops on a board member that was trying to physically intimidate me, I, and others in disfavor, would not get newsletters or notices for 10+ years. So, every time the board decided to pave the roads for 3 days at a time we would be trapped in our driveways for the duration with no prior notice to park outside the area being paved that the homeowners in favor would get. I guess that this is the fun they are talking about. e.m.

-Once again the board is holding the Annual Meeting on the wrong date. This date is clearly specified in the CC&R. We were told over and over, "Follow the CC&R to the Letter and you will be fine." The board is apparently 'more equal' than the Homeowners. Whether the board sues you or not depends on if you are a friend of the board and how good you are at Anticipating how the Board will Interpret the CC&R. We need a Homeowners Bill of Rights against Vindictive boards and Misanthropic managers that we never did vote on; except once pre 2002 to vote down hiring any manager for 1/3 the cost that the board has got us into since then. e. moss

-After penalizing me $18,000 for continuing to pay the monthly dues monthly when others who did the same or did not pay the dues at all got off free, P. Allard now sees the need for FR to resume paying monthly without a $18,000 penalty. This is unfair Elderly Abuse. Return my $18,000. e. moss, 2403 SE 8th Place.

-BUDGET - Vote    NO!                    $97,900 per yr
$97,900 - 21000 = 76900 Their budget minus Mgr fees
76900 - 2000 = 74900        more mgr fees
74900 - 1500 =73400         more future fees against you
73400 - 300 = $73100        future liens against you
73100 - 3000 = 70100        minus C/M now Curran legal fees - who should be fired
70100 - 1000 = 69100        minus Lien recording fees   a bank charges $19, tungsvik charged a $75 high per lien recording until he was told not to.
69100 / 137 = $504.38      Total cost per household per year
504.38 / 4 = $126.09    Total cost to you per quarter - would you like to pay monthly
as the CC&R states in 12 places? $31.52/mo.

Compare to the $167.60 per quarter the board wants you to pay now. Vote wisely.

-Note that the board now automatically raises our dues by the CPI allowed amount each year? It will be even higher next year. They didn't for years and wished they had when they apparently FR illegally raised our dues excessively upon hiring Tungsvik without our vote or even notification of intent or discussion. They know that we would never vote their way on just about anything. And what the board has historically done is to go into a meeting expecting to not have a quorum and simply wait it out 30 days and have another meeting vote when the quorum is then 1/2 of the first quorum where the owners that they do not fine give them their proxy and they get passed whatever they want. When they hired Tungsvik without our vote, after we previously voted down hiring a manager for 1/2 that price as being too expensive, they hired him and raised our dues more than $10/month FR illegally without a vote for such an increase. One board member said, 'Well, it would be the same raise if we had raised the dues each year per the CPI allowed amount, so what is the difference.' If Tungsvik was hired illegally, then every thing he did was FR illegal and would add to the notion that the two New Homeowner Rules was just an end-around the CC&R requirement that any Amendment change to the CC&R required an impossible 75% vote of all 137 homeowners. If there is one thing illegal with the basic CC&R written in 1986 does that make the CC&R illegal as a whole? They did whatever they wanted. And very few of you did anything. Stanley M is the lone hero.

-Did you know that Tungsvik was a co worker of a FR board member when he was hired secretly? And that board member may or may not have been a legal FR owner at the time? D. Smith was an Real Estate salesman & owner of a house here, but signed over his house to his live-in girl friend who worked at ATC with Tungsvik possible at the time of a divorce. He never commented on hiding assets while a board member when it was brought up in a FR court case. It appears that this woman became a FR board member and later D. Smith also became a board member and voted on important issues even though his girl friend still had the house in her name. It was never disclosed if his one household had two people voting on board issues. A future board member called the board on this illegal happening and the board made a statement that said everything was all right. Amazing.

-Tungsvik hired Curran/Mendoza law firm for FR board. C/M became Tungsvik's and the FR board's lawyer - not the Associations lawyer - us 137 homeowners. To any of our knowledge, C/M always took the side of the board/Tungsvik. The board was right; the homeowner always wrong. Their house were threatened and even taken away. They unnecessarily attacked one homeowner that won the case and then C/M became C, one C/M lawyer who did not do well in 2 FR cases is no longer with the firm, but C is still hired by our board.

-Do you know that the board can & has ordered garnishment of homeowner IRA and Social Security and apparently any other Gov't protected fund? The IRS, Social Security, WA State Attorney General's Office and the WA State BAR are aware of what FR did. Once again, the board, manager or their lawyer did not notify the homeowner of intention to garner such funds. Did you know that you cannot homestead your home against unreasonable attack by this HOA board and manager?

-Where is our HomeOwner Bill of Rights to guard against unreasonable board members, out of control managers and THEIR (not the Assoc) lawyers?

-Why did a new board member quit a week after joining them? This has happened before.

-October 2, 2008 Board Meeting. 5 Homeowners were present and none voted, but the posted newsletter says that the 2009 budget was voted upon and passed. What happened to the special meeting on November 6, 2008 to consider the proposed budget? note: To be corrected. note:5-2009, not done to our info.

-The board is deciding to limit the number of homes here that can be rented. Where is that in the CC&R?

-Since the board can only raise the dues per the CPI without a vote, and they do, how did the board raise out dues $11/mo to hire a manager to act as a buffer between them and the angry homeowners? They are allowed to hire a manager, but they are not allowed to raise our dues that much without a vote. Now, it is $22,000 a year plus fees to attack you for a manager that none of us voted on.

-The board finally cancelled the expensive site; any of their 10 yr olds could do it for free.

-Why isn't the board allowing any of us a vote on spending $100K on paving the entrance road? There is a limit of $5K for building improvements. They still think they own FR.

-Avoid the cost and bother of the entry road maintenance by abandoning it (FR may have given a quit claim on it to the City anyway) and use the West gate. Move one South gate to the West and chain link the South gate to all traffic. Free remotes to all who do not have one and free batteries for the asking to avoid the cost of car sensor and keypad entry.

-The board or a friend thereof posted a flyer on the mailbox structure (where we mere mortals are not allowed to post) stating that they saved the Association $38K. The truth is that they risked a $45K loss in court and luckily got the insurance company to pay one Homeowner $38K when they attacked without thinking and lost in court. Note the lack of interest in their illegal Annual Meeting? This board is bad for FR, all previous boards have been bad for FR. But, the 2002 board that hired Tungsvik was the worst and boards since have not apologized for this mistake and have not made any attempt to undo the mess Tungsvik made. Your dues have been collectively raised $16K - $22K per year for a manager because the board got tired of complaints from Homeowners and wanted a buffer. How is hiring this expensive manager saving us more than what we pay them? How did they ignore the CC&R when they hired a manager but didn't get our vote to increase the dues to pay for the manager without a vote from all of us? They got away with it because you didn't do anything.

-Edmond Burke said, "When bad men combine, the good must associate; else they will fall, one by one, an unpitied sacrifice in a contemptible struggle. " paraphrased, "all it takes for evil to succeed is for a few good men to do nothing" Wake up, sheep.

-"Whenever any form of government becomes destructive it is the right of the people to alter or to abolish it and to establish a new government." T. Jefferson

-Check to see if FR can legally garner accounts supplied by Social Security and IRAs.

-The 'annual' meeting was attended by 5 disliked board members and one homeowner. When are they going to realize that they are not respected?

-Then, why doesn't the board publicly admit that they were wrong and undo the damage that J. Tungsvik did?

-The reason for every illegal Annual Homeowner meeting never having enough members present is because the homeowners do not like what the boards and managers have done to the homeowners. This has been true since soon after the beginning. The only recent Special meeting that was well attended was gathered to yell at the board about hiring tungsvik; perhaps the board's biggest mistake. Even then, there was a motion on the floor to fire tungsvik and it was ignored by the board. What is the point of voting if the board is allowed to ignore the CC&R, but the homeowners have to follow the CC&R as interpreted by the board or manager. e. moss

-One important item to be considered in rewriting the CC&R is a Homeowner's Bill of Rights. One right would be to not allow the board to take away the vote of a fined Homeowner if the matter is in court or arbitration. Another would be to allow the Homeowners to vote on each change to the CC&R, and not to just let the board present us with a take-it or leave-it vote on all of Their changes.

-May 8th Annual vote. This is illegal. The CC&R states that the annual meeting has to be held on the 3rd Thursday of April. But, the board and their friends are allowed to do anything they want, it is the rest of the homeowners that have to obey the CC&R as they are interpreted by the board and renegade managers. They could have given mtg notice on 4-1-08 as they had a year since the last mtg to figure this out.

-$21,800 per year for a manager! When we were allowed to vote on this issue, we voted down spending $8K for a manager. The board has been using a manager to buffer the complaints of owners that they do not want to deal with, while letting their friends 'go'. Check proxy voting record against 'free passes'. Why does the board think it owns FR? Do they think they are smarter, better than we are? They are just homeowners with an attitude that is bad for FR

-Home Owners Association Act Committee
URL: http://groups.yahoo.com/group/HOAACommittee/
Nov. 21, 2006 - Members of that governmental committee are interested in hearing your comments on Homeowners Associations. They’ll report to the state l

-Since Tungsvik was hired by the board, and not the Homeowners, there have been 65 Liens against Homeowners, for a fee. 5 yrs too late, 4-15-07 the board finally dumped tungsvik but intend to hire another tungsvik for $1650/mo of our money without consulting us or allowing us to vote on this great expenditure. Would you like your monthly dues to be $11 less?

-Board Misspending our money without letting us vote on it first:
Hiring Tungsvik 5 x $16,000
Hiring new Tungsvik $20,000 per year
Tungsvik's friends doing a Study $10,000
Web site $1650/yr
Hiring 2 gardeners $800 and $900/month
Repeated property line surveys $?
Sidewalks $?
Attacking J Timms for no good reason $45,000
Initial mailbox roof $?
Clearing the bluff meadow and maintenance $?
Board meeting dinners for years $?

-April 2002 thru April 2007. Dark Age for FR. Blame the boards. Even worse than the Car*-Sch* reign of terror.

-5-2007, "Our goal is a harassment free environment." Well, why did you hire tungsvik and why did it take you 5 years to get rid of him? You are not trusted.

-The 40 year requirement for roof Asphalt 3-tab shingles is unreasonable. Apparently, tungsvik arbitrarily picked this level with all of us knowing that even the approved Shake roofs would and have only lasted 10-15 yrs, esp on a full sheathed roof (and not the sensible partial sheath roof). Thirty year shingle is more than fair, and it is hard to find (Special Order) the 40 yr shingles. i ask that this board's whimsical rule be re-examined so as not to put an unnecessary costly burden on the Owners. Have you asked your new mgr for his experienced opinion? e. moss

-I stand behind the current selection of approved roofs.

Thanks,
Paul Allard

-The following are all composite roofing-    McLendons
25     3 Tab $16.83 per bundle… 3 bundles per square
30   architectural   $21.05 per bundle… 3 bundles per square
40   Architectural   $21.34 per bundle…. 4 bundles per square

40 yr is 69% more cost in material over the acceptable 25 yr shingles (which beat the approved cedar shakes).

It is unreasonable for us to have 40 yr shingles set as a minimum requirement for this low/medium income development just because tungsvik is like he is. it took you 5 yrs to get rid of him; how long will it take you to undo his board-allowed mistakes and resolve past bad issues?

-We need a Homeowner's Bill of Rights to guard against renegade managers and boards. We also need to rewrite the CC&R to give the board less power, require more Owner voting, and an Owner line-item veto on each change to the CC&R. Did you vote to allow the board to spend $10K+ for tungsvik's friends to do a study that wasn't followed? Or, to hire a manager for $16K+ per year? Or, to spend $70K to falsely sue a neighbor and lose in court?

-Now, we are told the new manager will cost upwards of $20K per year. We did not vote on this. The point the board should realize is that it is a big sum and that the board should want the owners to take part in the responsibility of spending that much money on any one item. Why does the board think it owns FR?

-The board says it consulted a few of their friends about the hiring of a new manager and a few other Owners commented. Based on this, they went ahead and did what they wanted to do. This is not the same as allowing the 137 Owners to vote on such a big issue.

-IF we must have a manager, why then do we need a board?

-Do you want to spend $1695 per month on another Tungsvik? In the past, we voted down spending $800 per month as it was too expensive. Why is the board forcing any manager upon us? Did you vote on this? Why is the board acting like they own FR? Get rid of the managers and lower our dues. Tell the board you want to vote on such high expenditures. paultallard@hotmail.com

-The board now wants to spend $1600+ a year on a FR web site! Why do we need a web site? Did you vote on this? Any of our 10 yr olds can do it for free.

-Noticed that the board meeting minutes are posted on the bulletin board near the mail boxes, but no mention of Mr. Reeves many comments dealing with the legal fees, or Paul Allard and other board members saying that they are seeking the fees from the insurance company.

-Whoa. We will probably be moved by my job in 5 - 7 years, so we do not want the the prices reduced for our house by this exposure. On the other hand, we do not want to allow the board and their manager to do what ever they want to. This exposure to lawsuits is way beyond what we should be getting into.

-We are upset, but hesitant to speak out against the board and their ATC goon for fear of reprisal. We are elderly and plan on not selling, so we wondered if the local Real Estate companies, TV stations and the Renton Reporter shouldn't be informed as to what this board and manager are really like? Please, do not show our names. (Names are never recorded. Ed.)

-3 people at the 1/2007 meeting were there upset about the board spending $75,000 to unnecessarily attack a homeowner. What does it take for the rest of you to get upset?

-At the 1/07 meeting, ATC stated that they don't have to pay anything to Mr. Timms or his lawyer. Wasn't the Timms' case dead in the water until ATC sent in a 2nd letter that stirred things up again and resulted in FR liable for $30K and $75K in lawyer fees?

-I haven't seen the letter yet, but I'm against it and the board, and ATC, and their lawyer that we pay for. e. moss

-From the latest letter, does the board think that its job is to spend the Road Fund to attack homeowners? Why were we not asked about such an expensive vendetta?

-The board should resign and then we will vote out ATC, reduce the dues, sue board members, and never hire another manager.

-He was beat up in Grade School and picked on in High School. He was socially ostracized in College. But, his mommy told him not to worry that she would take care of him. Then he could get back at all those people and any others that he perceived like them that treated him bad.

FRRPA (The Association is the homeowners) didn't agree to pay anything - sounds like the board agreed that the homeowners should pay for the board's mistake. There was no vote by FRRPA, the homeowners were not even consulted on attacking yet another homeowner. The board did all this on their own; the board members should pay, not the homeowners. This was just another power play by the individuals on the board to apparently force a homeowner into doing as Tungsvik says, or else. What is it going to take to get rid of Tungsvik?

-Why didn't the law firm paid for by the Association, protect us from this attack by Tungsvik and the board? Now that the board has lost the case, will the law firm force Tungsvik and the board to pay the $30,000 ($75K in lawyer expense) and not put this burden on the homeowners who had nothing to do with this attack. We didn't vote on this costly mistake; we were not even told about it until after the fact.. I hope the law firm stopped the board from illegally using the Road Fund for this folly.

-Settlement. The ridiculous attack on yet another homeowner just cost FRRPA $45,000. We, the homeowners, didn't attack the homeowner, ATC, the board and their lawyer did. They should pay; not us. Get rid of ATC and their lawyer and obviously, the board.

-How did FR get into this mess?
March 18, 2002 Special Board of Directors Meeting.
Ann Houser Pres., Kurt Falkenberg, Mary Fortner, Kathy Kolatski, Dwight Potter, Seberia Mack "A motion was made to choose Round the Clock[sic], seconded and voted unanimously." James Tungsvik ATC, Kiese Heflin Gold, Gil DeCenzo, Anissa Cloyd, Patricia Lauth, Dan Pretare Peggy Stufflebeam, Darrel Smith. Mary Fortner was then an employee of ATC and the house mate of D. Smith who Quit Claimed his FR house to Mary Fortner. D Smith later joined the FR board even though he wasn't a homeowner here.
The 2003, 2004, 2005, and 2006 boards did nothing to correct the mess.
Terry Walker Pres., Paul Allard, David Eakins, Lee Marsh
2 board members, so far, have sold recently. 65 Liens filed by tungsvik on you and your neighbors for an ATC arbitrary fee.

(a) ... the maximum annual assessment may not, without a vote of the membership as provided below, be increased above the maximum assessment for the previous year by more than the percentage increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for the Seattle Metropolitan area, All Items base year 1967. http://www.bls.gov/cpi/home.htm

(b) ... the maximum annual assessment may be increased above the amount provided in Sub-paragraph (a) above by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.

-The 2002 FR dues raise for tungsvik's $10+ increase without a vote was illegal per the CC&R. Just another example of the board and mgr ignoring the CC&R when it suits them, but if the board thinks an owner violates the CC&R they end up filing a lien and go to court to get their house.

-When is the board going to realize that the have to get rid of J. Tungsvik and ATC? And, why has it taken so long?

-Your President is moving out as fast as possible, leaving the rest of the board (and us) holding the tungsvik mess bag. speak up.

-Apparently, all homeowners can build a cabin in your back yard without permission from FR, or the City of Renton, or your neighbors. Take a look in the back yard of Potter at 2411 SE 8th Place, board member. Remember, only one cabin per house, please.

-Paul Allard, FR board
if the board hadn't hired tungsvik we wouldn't be attacking our neighbors and running up a $50,000 legal bill. Fire him, save $18K/yr, and get us out of court. All this mess is the 2002 - 2006 board's doing. 64 Liens so far and they have more planned - for you. Did you vote to spend $50K attacking your neighbor? e. moss

-Paul Allard, FR board

I hope that the 10 person (5 couples?) turnout for the illegal Annual Mtg is construed as a No Vote of Confidence and not as a license to do whatever you want as no one cares.

I hope that among all the suggestions tendered that at least the Vote of Confidence for all board members and mgr is on every ballot in the future. e. moss, 2403 Place

-Ten Owners showed up for the illegal Annual Meeting. When is the board and manager going to realize that they are not doing the job right?

-The Board and Manager cannot pick and choose which rules from the CC&R suit their purpose at the time. Why doesn't the Association lawyer tell them this? Why wasn't D J Smith fined for being on the board for years when he wasn't even a homeowner? What is the board up to? Time for a change.

... There shall be an annual meeting of the Owners on the same day of the month each year thereafter, at such reasonable place and time as may be designated by written notice of the Board delivered to the Owners no less than ten (10) days prior to the date fixed for said meeting.

i believe that date is the 3rd Thurs in April, pls chk past records. We have gone thru this before. You cannot use the excuse of 'we ran out of time and had to do this' as you have had one year to plan this out. the board and manager are in direct violation of the CC&R. Either all the rules apply to all of us or we have to throw out the CC&R, board and manager and YOUR lawyer, who is paid for by the owners, not the board or mgr.

-The board is required by the CC&R Art 5.5 to hold the Annual Meeting in April. It did not. The board, manager and THEIR lawyer are in violation of the CC&R.

-Is the board, tungsvik, and the lawyer going to use Our money to defend themselves against J. Timms' lawsuit? And why is the board's lawyer (we pay for him) still including the court ruled-against fines in the illegal New House Rules? Specifically, the $100 fine for having fines. Judge Gain made it clear that the FR fining process was wrong and it was changed for that one case, but apparently not for any of the other 57 liens against Homeowners. Why are you not upset?

-If part of a document , House Rules, is wrong then all of the document is wrong. Besides, either of the house rules were made up by the board and manager and not by the vote of the Homeowners. They, the so-called Rules, are just an end-around the Amendment process to the CC&R which the board and manager know can't be approved by the Homeowners. The hiring of the manager by the 2002 board on its own was also in defiance of the spirit of the CC&R where the spending limit without a Homeowner vote approval is $5000. We are spending at least $16,000 per year on this person plus fees. Each of us gives him $11/month for that person to treat us like dirt. Wake up.

-In Sept, an input to the board was sent and delivered to the Homeowners by E. Moss. By no means is it complete. What are your inputs? Don't let the board turn this community into a place of people that are 'just like them'. Have you experienced or seen discrimination against the poor, old, ethnic, or just plain 'out-of-favor' people? Do you know about the hiring of the manager? Did you like the House Rules? The increases in fines and Liens (58+)? Were you asked about them? Did you vote on them? Why not? You are the Association, not them.

-Why are the homeowners paying a lawyer to represent Tungsvik and the board(s) to attack us homeowners? The lawyer is supposed to represent us, the Association. Is it true that Tungsvik hired Curran Mendoza? Is it true that a (then) board member hired her co-worker at ATC to be our manager at twice the price that we as an Association previously rejected for a manager? Is it true that a board member for years wasn't even a homeowner here? Is it true that board members and their friends get special treatment, but others not in favor with the board get concentrated treatment in the other direction?

-The board has to stop allowing special treatment for board members, former board members and their trained voting friends. ATC has to be fired. Their mess has to be undone. Curran/Mendoza has to be fired for being Tungsvik's and the board's lawyer and not the Association's lawyer. The CC&R and the Bylaws have to be re-written to protect the homeowner's rights.

-What Pres Walker said at the Annual Mtg points out the main problem at FR. He said that he hoped that the 50 Owners there would show up at the 2nd voting meeting so there could be a quorum and get the budget passed and elect new board members. He said that 'we have had a good year'. Maybe the board and the manager did, but the other 130 Owners have not.

For 16+ years we have had the quorum problem. It is mainly due to the Owners not liking the way the board treats them and they want nothing to do with the board. They do not want to run for office and be called one of them. So, the boards have always counted on the 2nd reduced quorum meeting to get their agenda passed. One past board member told me that they have to pass rules at board meetings on their own without getting the vote of the Owners or else 'nothing would ever get done'.

This situation has gotten worse with the 2002 board hiring a coworker of one of the board members to be the FR manager - without a vote of the Owners, at twice the cost of the previously considered manager. These are our homes - a place of comfort, safety and enjoyment; we should not have to live in fear of a bad person taking our homes away from us over items that should merely be discussed and voted upon ... by all Owners, our neighbors.

The board should publish the whole story with comments by the affected Owners as to why fines and liens were arbitrarily levied, without the required prior notification to the Owners in many cases. They should also post a list of fines and liens that the board has forgiven at no cost to the favored Owner and note whether or not the person is or was ever on a board at FR. e. moss

-The vote mailed out is another move to give the board and ATC more power over the Owners. Yes, the CC&R and the Bylaws need re-writing, but not the way the board, ATC and 'their' lawyer want to do it. They need to be re-written to protect the Owner from an outrageous board, manager and their lawyers. Vote NO on this ballot until they get it right. We Owners are the Association, not Tungsvik.

-Without discussing it with the Owners or getting a vote of the Owners:
The board hired a manager that worked with one of the board members,
hired a lawyer rec by manager to represent ATC and the board,
raised the fines for a dues late payment from $5 to $25,
rubber-stamped anything the manager wanted,
manager too strict in fine decisions and rude about it,
interpreted the CC&R to suit their agenda,
made the monthly dues payments due Quarterly,
spent big bucks on a FR study,
street lighting cost discrepancy,
raised the dues 84% in 2 years,
issued untold, illegal fines and debt collection methods,
issued 43 Liens,
Owners who protested were fined and declared not eligible to vote,
ignored outraged Owners complaints against ATC,
aggressively sued selective Owners,
forgave their friends their fines and liens as 'bookkeeping mistakes'.

-$17,500 penalty for paying the HOA dues every month, judgment. I told FR that i would pay it by mid Jan 05. Then they garnished my checking acct mid Nov 04, of $334 and another $75 to overdraw me leaving me without money for gas, food and utility bills. I've had that acct for 20 years. I have told them that i have a loan approved to pay off the loan but i need that money to pay the upfront cost of the loan. Their unnecessary actions are delaying the loan by a week. They want me to tell them the name of the lending org so they can garnish that too? Do you want your FR board, ATC and 'their' lawyer that we pay for to act like that? These are our homes; a place to live, to feel safe and secure in, not to be terrorized in by such a 'person'. You are next. e. moss

-I paid the fines 2 months ago with a check noted for this particular purpose that the Lien was based on, but the Lien remains in effect. e. moss

-$2,000 increase in the management fee to ATC. A vote for this is a slap in the face to Falcon Ridge Owners. The board has stated that even if the Owners come up with a petition to fire ATC, they will ignore it and retain Tungsvik. The Owners, YOU, are the Association, not the board, not Tungsvik, and not their lawyer, Curran Mendoza.

-Well, that $ amount is not correct. Now, they want $17,355 for my paying the dues every month. e. moss

- Yes, congrats to the board for the successful step in your cleansing the neighborhood pogrom, you must all be very proud.

-Congratulations to the board, ATC, and those of you who did not get involved today, or any day, in Court where E. Moss lost the fight for FR rights for not to be pushed around to the tune of a $18,000 judgment. Your rights are next.

-"The spirit of resistance to government is so valuable on certain occasions, that I wish it to be always kept alive. It will often be exercised when wrong, but better so than not to be exercised at all. I like a little rebellion now and then. It is like a storm in the atmosphere." --Thomas Jefferson to Abigail Adams, 1787.

-The board has again (3rd) filed for a Motion for Summary Judgment against E. Moss for $14,000 for paying his monthly dues monthly.

-Interested in a class action lawsuit against ATC, the board and 'their' lawyer?

-Six, 6, new liens against your neighbors in the last 6 weeks. You did not vote on this. You did not vote on the big time spending over $5000 that the board spent. You did not vote on the hiring or re-hiring of any manager that treats us this way. You did not vote on changing the dues payment period. You did vote on increasing the dues 84% - Why? You did vote on electing the board that treats us this way - Why? Were you misinformed?

-This 2002-2004 board has raised our dues 84% in its 2 years where in the previous 15 years the dues was raised 4%. What happened to the $5K CC&R limit to board spending without a vote of all owners?

-The FR board has threatened a 3rd Motion for Summary Judgment against E. Moss for paying the monthly dues monthly. Extraordinary, singular persecution of a poor senior citizen. It will be you next.

-Frivolous litigation with a shifted goal. How early on did Curran/Mendoza get ALL the facts so they could have stopped ATC and the vindictive board from getting in too deep?

-If the Jury decides that the board members, or their agent, have acted with malfeasance while performing their duties, then the individual board members will not be covered by the indemnification that the insurance company provides and the board members will have to pay as individuals, so you can bet that the board will spend all the FR money it needs to to make sure they do not lose in court.

-Before you do something costly and legal without getting the vote of the Association, the owners, you might consider the following that will be brought out in court:

This is from the HOA NewsGroup, NG on a different matter:

"The CC&Rs are the 'deed' restrictions that are part of the property's
deed and usually are not easily changed without a super majority vote
of the total membership. The "BY-Laws" are written and maintained by
the associations board and can be modified with out impacting on the
deeds for the property, to put it simply."

Bylaws now say that a person declared not in good standing by the board is not allowed to vote.

The bylaws have to be changed to add ...unless the disputed matter is in court or in agreed to arbitration then the homeowner is not to be declared Not in Good Standing and his or her right to vote will not be taken away until the matter is legally settled. or words to that effect e. moss

-Why would ATC and the FR board spend $10,000+ in legal fees trying to take the house away from a poor senior citizen over a disputed $322 fine?

-It is now about teaching you and all of us a lesson, you are the example; it is about getting the $10K back not the fine; it is about "Cleansing the neighborhood"; it is about protecting the board's barrier against us all - ATC. Does the Insurance company know what has been going on since 5-2002?

-Pres T. Walker has recently told us that if a homeowner wants info from Them about FR that we have to make an appointment with ATC and pay him $60/hr to retrieve it. Read CC&R Article 12.12.

-Mary Fortner works for ATC. Mary Fortner lives with Darell Smith at FR. Darell Smith Quit Claimed his house in 1996 to Mary Fortner. Mary Fortner was on the FR board. Darell Smith was and is on the FR board while not a homeowner. Darell Smith allegedly recommended ATC to the board to be hired. The FR board hired ATC without consulting with the homeowners. ATC has filed at least 42 liens against our neighbors. Curran Mendoza has filed in Superior Court for foreclosure against at least four of our neighbors. The board spends at least $12,000 a year on legal fees with Curran Mendoza. ATC makes $15,000 a year from FR plus fees. All owners at FR are not treated the same by the board or ATC. The lawyer appears to be the lawyer for ATC and the board, not the homeowners.

-Now that the new housing development has opened to the E of us and there is another new development to the W, it is time for our sewage system and runoff water to be diverted as it was planned decades ago and hopefully save some money on our monthly Renton Water bill. The plan was for all 3 development waste systems to be tied together and run down hill from the first mentioned above into Renton for treatment. Now, we have our waste pumped back up hill from the end of SE 8th Place (E end) up towards the clubhouse and out the entry road into that Renton system tie-in. You've probably seen the Renton trucks parked down at the end of the road checking on the pumping. A tie-in and bill reduction has to be looked into. This will also open up the habitation of the land to the East of us again. e. moss

-It is our understanding that ATC is now on a month to month agreement. Where is this listed in the CC&R? Why not give the homeowners a vote on whether we want to pay him at least $15,000 every year to treat us the way he does?

-It seems that the board is upset with Stanley M for speaking up and asking the board to follow its own rules, much less the CC&R.

-In June 2003 the board filed a surprise Foreclosure lawsuit against E. Moss for paying the monthly dues monthly. In Jan of 2004 the board filed a Motion for Summary Judgment against E. Moss for Foreclosure and it was Denied. In Feb of 2004 the board filed a Reconsideration of a Motion for Summary Judgment against E. Moss for Foreclosure and it too was Denied. A third motion against E. Moss has been threatened. The boards and ATC have run up a reported $7000 legal bill so far trying to take a poor senior citizen's home of 19 years for paying the dues monthly. They have reportedly run up $4000 in legal bills against another of our neighbors. Is this how you want the board spending our money? We still have the actual court case coming up in Oct 2004 plus what ever other extraordinary legal moves the board can attack us with.

-First of all the May 6,2004 meeting was not following parliamentary procedure by calling the mtg. to order,
due to the fact the board and other homeowners were out scrounging for votes, those so called mickey mouse
votes , where did they come from? This in it self is irregular and the conduct of the board by allowing to
hold up the mtg. for 1 hour plus was irresponsible. You are correct Stan, the budget was not voted on and
approved by the few homeowners that were interested in where their money goes. If the board wants our views
where is the action on their part to solve and LISTEN to our concerns. A few suggestions to the president
Terry W.--Why was Ann H. allowed to bang the gavel as she is now a secretary, I believe that is the duty of
the president to contain order at a mtg. We would also want to see the itemized bills every month to show
where our money goes. Is that asking too much? Mr. Tungsvik , said at a previous mtg. that the first of
the year, he would bring documentation showing the bills, this so far has not happened.

-At the Homeowners meeting on May 6, 2004, the dues were increased but there was no effective date for the increase. I noticed on the budget that the next quarterly increase was in July 2004. We increased the dues and technically we did not vote on the approval of the budget. The ballot only stated that, "Should the dues be increased to $144 per quarter ? Yes or No? There was no mention of approving the budget. I am sure if we had a lawyer he would point this out. The Board may have assumed that passing the dues increase also approved the budget. A fine line but many cases have been won and lost because of technical point. Stanley M.

-During the meeting there was a 30 min delay for the board to go out to homeowners and get 10 votes for their raise in dues to pass. Is this how you want your board and Association to run?

-If paying $108 quarterly was a financial hardship, then paying $144 is an order more difficult. You force me to move. Congratulations on achieving your goal of "Cleansing the neighborhood. [of poor, foreign, old, outspoken people]" I do not want to live among the people that let this happen. e. moss

-5-6-04 'Annual' Meeting. Seats were half empty due to Friends night. You passed the dues increase 48 to 17. There are 137 Owners here. Vote raised dues to $48/mo paid $144 quarterly. Do you really want to have to write a check for $144 quarterly? Motion was made to fire ATC to aid the budget by $15,000 was proposed, but the President quickly started in telling us why we can't do that before the motion could be seconded. This is probably a violation of Robert's Rules of Order. The Presiding person should then call for any Second before moving on. Remarks were made.

-The following is quoted from Webster's New World, Robert's Rules Of Order, second edition, Chapter 1, Structure Of An Organization, "There are basically two ways to structure an organization. One way is based on the AUTHORITARIAN MODEL which flavors the concentration of power in a leader or a small group of people who may or may not be responsible to the members. In the extreme form of this model, one person or a small group (such as a board of directors) may make all the decisions with no input or final approval from the membership"

"The second way to structure an organization is based on the DEMOCRATIC MODEL which means that the people or the members govern. In the extreme form of this model, the members, not elected representatives, make all decisions. However, in most organizations, there is an agreed upon balance of power achieved between members and the officers they elect".

"The democratic style of government is founded upon laws and the rights and responsibilities of all members, not the whims of an unaccountable leadership. Abraham Lincoln defined democratic government as 'government of the people, by the people, and for the people'. An organization that has no rules or governing documents to establish a course of action eventually finds itself in a state of anarchy. In the words of Henry M. Robert, who wrote that we know to day as ROBERT's RULES OF ORDER, 'Where there is no law but every man does what is right in his own eyes, there is the least of real liberty'."

The way that the FR Homeowners Meeting on May 6, 2004 was conducted, the homeowners in attendance can decide for themselves which type of structure of an organization our Homeowners Association is. Stanley Marczewski

-Treasurer Dwight P stated that the $13K-16K spent on the Survey last year was to a firm recommended by ATC's very own J. Tungsvik; and then the board decided to modify the survey. $15K+ spent last year on suing our neighbors, going after foreclosure. $15K spent each year on ATC. And, you need more money.