Benefits of The Club
The benefits of the club are described in Article III of the Articles of Incorporation from Exhibit 1, Page 94.
In order to provide value, the club had to have benefit to the members and that benefit had to be spelled out to the court.
ARTICLE III - Benefits of the Club
The purposes for which this corporation is formed are, and the powers of the corporation are as follows:
(a) To promote the collective and individual property and civic interests and rights of all persons, firms, and corporations owning property in Ocean Shores Estates as said property is shown on that certain map entitled Ocean, in all divisions and subdivisions, in the City of Ocean Shores, as per plats recorded, in Vols. 8 and 9 of Plats in the office of the Recorder of the County of Grays Harbor, State of Washington, and who are members of the corporation.
(b) To purchase or otherwise acquire, construct, improve, develop, repair, maintain, operate, care for, and dispose of public easements, parking areas, playgrounds, open spaces and recreational areas, tennis courts, beaches, boat landings, floats, piers, clubhouses, swimming pools and swimming areas, bathhouses, places of amusement, community buildings and in general, community facilities and ornamental features appropriate for the use, benefit, recreation and pleasure of its members and for the improvement and development of the Ocean Shores Estates.
(c) To cooperate with the owners of all vacant and unimproved lots and plots now existing or that hereafter shall exist in the Ocean Shores Estates in keeping them in good order and condition, and preventing them from becoming a nuisance and a detriment to the beauty of the Ocean Shores Estates and to the value of the improved property therein, and to take any action with reference to such vacant and unimproved lots and plots as may be necessary or desirable to keep them from becoming such a nuisance and detriment.
(a) For my wife and me, this whole paragraph is a joke. If the club is so interested in my rights as a property owner, then why did they prevent me (and others) from seeking a position of the Board of Trustees, as is my right? Why did they fail to provide requested information about the operation of the club, as is my right? Why did they enjoin me (and my wife) from exercising our freedom of speech, our right to use the courts for redress, let alone prevent us from seeking office? At our first and only meeting with the club’s attorney, Mr. Valdez told us the club would “…fight to the death…” to protect the club. When we got home we found we both had the same thought: “Wow, that’s a bit extreme for a social club.” Turns out it’s not much of an understatement. For example, we found out the club had a dossier on us! Really? Hell of a way to promote my rights.
(b) This section give the club the right to buy property, supposedly for the benefit of the members.
(c) I don’t believe the club ever had any intention of following this obligation. The key is the word “cooperate”. It appears that the club is obligated to help property owners keep their lots up to standards. It could be interpreted that the club would then make sure lots where owners are vacant are “in good order and condition” in the absence of the owner to insure them from becoming “…a nuisance and detriment…” After all, isn’t that what associations do? I believe this was included just to show some tangible asset to the court because within three years it was taken out of the Articles of Incorporation, thus relieving the club of something that, if adhered to, would cost the club a fortune to execute. The club simply ignored this.
[Note: In 1991, paragraph (c) was removed from the Articles of Incorporation and with it, the clubs obligation to keep up properties. In the end, the club is only obligated to maintain its properties and nothing more.]