Documents of Interest to KP Owners

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Order For Protection-Harassment

Order For Protection-Harassment, page 1 Order For Protection-Harassment, page 2 The Order For Protection-Harassment that Judge Huth ordered on Friday, January 13th to restrain Hugh (Sandy) MacNair from entering or being within 15 feet (distance) of Susan Garthwaite while attending meetings of Kala Point Owner's Association.

Deputy Apeland's Sworn Testimony in this case.

Deputy Apeland's Declaration This is Deputy Apeland's sworn testimony regarding the investigation of the incident Nov 23, 2005.

Susan Garthwaite's declaration regarding incident Nov 23, 2005

Susan's Declaration This is Susan's declaration of what happened on Nov 23, 2005 when the Board Meeting adjourned to Executive Session.

Sheriff Incident Report regarding Nov 23, 2005 incident.

Sheriff Incident Report Sheriff Incident Report regarding Nov 23, 2005 when the Board Meeting adjourned to Executive Session. The Deputy's synopsis and narrative describes the incident.

Garthwaite Declaration Re: Staff Departure Allegations (October 2005):

Garthwaite Declaration regarding KPOA's Staff Departure Allegations This declaration includes: Exhibits 1-Brian Belmonts resignation & Exhibit 2- Emails between then President John Snyder, Tony Costa and Marilynne Gates explaining about Tami's resignation. All board members were copied.

Civil action with the Jefferson County Superior Court against KPOA (July 1, 2005):

Garthwaite Motion for Injunction Speedy Hearing Consolidation (July 1, 2005)
Motion for Speedy Hearing Consolidation. Garthwaites successful motion to the court to hear the entire matter expeditiously on Friday, July 8th at 1pm, before the member annual meeting on July 10th. This contains the full kernal of information in support of each of the charges against KPOA, and the relief (injuctions) Garthwaite seeks to have ordered by the court.

Garthwaite Motion for Injunction Speedy Hearing Consolidation (July 1, 2005)
Motion for Speedy Hearing Consolidation. This is the "original core" of the Garthwaite action before the court on Friday, July 8th. This is a legal document setting out the concerns, the evidence, and the requests for court action to enforce the CC&R's and Statues against KPOA.

Garthwaite Re KPOA Member Annual Meeting Elections Process Tampering, And Board Actions Disenfranchising Proxy Holders (July 1, 2005)
Garthwaite declaration on election tampering.

Exhibit #1. Exhibit #1- CC&R's section empowering members to take issues with the board to the Superior Court for settlement. This is Exhibit #1 exhibit on the Elections Process Tampering And Board Actions Disenfranchising Proxy Holders

Exhibit #1A. Exhibit #1A- SNYDER-BOWAN EMAIL EXHIBIT DOCUMENT-The actual email exchange between Bob Bowman and KPOA Presidetn Snyder, where Snyder advises that he has approved the process where Lowe is given solo unsupervised access to enter the ballot lock abox and "check out materials".
This is Exhibit #1A exhibit on the Elections Process Tampering And Board Actions Disenfranchising Proxy Holders

Exhibit #2. Exhibit #2- EMAIL TO KALA POINT RESIDENTS-This is the email sent out by Minta, Lowe, Kemery, et al warning of "The Minta Theory" on the global conspiracy to kill all trees, allegedly manifesting here locally through thoses that want to retain some rights to manage their own vegetation on their own lots.
This is Exhibit #2 exhibit on the Elections Process Tampering And Board Actions Disenfranchising Proxy Holders

Exhibit #3. Exhibit #3- OPEN LETTER TO KALA POINT RESIDENTS-This is the "Concerned Citizens" letter sent out by board supporters suggesting that somehow political activity and proxy gathering by non-board-supporters is somehow "unofficial" and sinister, while the exact same acts by board supporters is righteous and "official"
This is Exhibit #3 exhibit on the Elections Process Tampering And Board Actions Disenfranchising Proxy Holders

Garthwaite Re Unlawful KPOA Secret Email Meetings, Unlawful Executive Sessions Violating Governing Documents and Statutory Open Meeting Requirements And Other Violations of 64.38.025 RCW. (July 1, 2005)
Garthwaite declaration on Secret Email Meetings and other violations.

Exhibit #1. Exhibit #1- CC&R's and Governing Documents-This links to our CC&R's and Governing Documents at web site. This requires a password.

Exhibit #2. Exhibit #2- MACLEAN BOARD EMAIL AS EXHIBIT-This is the actual email launched by Board Secretary MacLean openin one of the secret illegal email meetings.

Exhibit #3. Exhibit #3- KPOA 2004 ANNUAL MTG MINUTES AS EXHIBIT-This is an exhibit showing that the presiding board president, at last years member annual meeting, conducted a "show of hands" balloting in advance of certification of proxies, thus eliminating some 61 votes from the counted tally in support of Joe Wheelers motion to cut off member discussion sof member issues.

KPUC's proposed water rate increase (Dec 14, 2004)
Kala Point Neighbors for a Fair Water Rate: Meeting Summary . Major issues presented at the meeting

WUTC Protest Letter. Here is the WUTC Protest Letter that has an area for you to sign on the bottom and then send in to Olympia.

Civil action with the Jefferson County Superior Court against KPOA (May 28, 2004):
Garthwaite litigation letter to members.
Garthwaite filed a civil action with the Jefferson County Superior Court against KPOA, requesting court assistance to bring the KPOA board into conformance with requirements of state law and KPOA bylaws. Filing a lawsuit is a last resort that deserves an explanation to KPOA members which is explained in this document.

The key to changing Board behavior lies with board members. I encourage you to attend the candidates night this Thursday, June 17th, 7pm at the clubhouse and ask these prospective board members what they plan to do with respect to the issues raised in the attached letter.

Complaint to Jefferson County Superior Court against KPOA
Motion and Memorandum to Jefferson County Superior Court for Declaratory Judgment

Abuse of power regarding Vegetation Control of the individual lot owner (February 2004):
Garthwaite letter to the Board regarding tree and vegetation control.
Supporting info on tree control governing documents.
There are some new developments in our continuing saga of reform with KPOA. I thought I would update you, and request that you write a letter to the association, and show up at meetings to support an effort to scale back their control efforts on individual lot vegetation, which entirely over-reach the property rights concessions made in the CC&R's and add substantial legal costs exposure to each of us personally.

KPOA has become extremely aggressive in requiring individual lot owners to obtain permission for even the most trivial "vegetation control" on their own property. Right now they demand that you file a form getting permission to trim any tree or bush, have your property inspected by the tree committee, and not proceed without authority. The form you are told you must sign also forces you to agree that you will pay for any legal bills for others if ANYONE is unhappy with your tree trimming.

Please review the letter I have written to the board on this, along with the attached references to the governing documents. There you will find the full story. There is, in fact, no basis at all in the governing documents for the concept that we all gave up the right to trim our trees and bushes on our own property as we see fit. The only restrictions actually in the governing documents for private lots are for clear-cutting and removal of mature trees. The CC&R's also REQUIRE all of us to "control the growth and spread of alders" of any size or description and requires no approval to remove alders.

There are restrictions (and should be) on what an individual lot owner can do with vegetation on common areas. But these restrictions have been extended, absent any authority, to individual lot owners. It's wrong. It's not legal, and it needs to stop.

This whole "tree nazi" problem has gotten entirely out of hand, creating an entire administration process and consuming considerable management, board, staff and volunteer time for a level of control not authorized in the governing documents and representing an entirely unacceptable intrusion on property rights of lot owners.

NEW YORK TIMES ARTICLE ON HOA ABUSES - (You will need to register with NY Times to be able to access this article- registration is free.)

Reform of HOA's is a rapidly growing area of interest nationally. If you think what is happening here is a unique situation, think again. Check out this article in the Sunday July 27, 2003 New York Times. See if you don't see many scary parallels between what is reported here and what is happening at KP.

Reform Resolutions Intended for Annual Meeting:
Members Jay Garthwaite and Richard Canaan intended to bring these eight resolutions to the floor of the annual meeting on July 13th. Member initiatives are provided for in the Bylaws and as solicited in the published notice for the meeting as notice item #3. Apparently anticipating that members might attempt to exercise their once-a-year rights to initiate resolutions at the annual meeting, moves were made to effectively block any grass-roots member input in violation of Bylaws. These tactics included booking the meeting space only until 3pm, soliciting a legal opinion that member resolutions should be blocked, and then immediately accepting and voting on yet another member resolution to block any other resolutions.
Reform Resolution No. 1: Member Representation: Cable TV
Reform Resolution No. 2: Fireworks Displays Opposition
Reform Resolution No. 3: Members Notice of Legal Matters
Reform Resolution No. 4: Capital Expenditure Public Hearing
Reform Resolution No. 5: Utility Commission Representation
Reform Resolution No. 6: Water System Emergency Generator
Reform Resolution No. 7: KPOA Emergency Water Well
Reform Resolution No. 8: Preserving Meeting Tapes & Comments

Jay Garthwaite Candidate Letter - No doubt you are aware that the KPOA annual meeting and Board of Directors election is coming up in mid-July. Probably you have already received your members packet from KPOA. In this document you will find important information from those of us seeking reform and improved member responsiveness from our association.

With all of the "drama" surrounding the law suits against us, proposed and already effective changes in rules and regulations, and ever increasing annual fees there is much to think about on the future of KPOA.

To The Point Interview with Jay Garthwaite - This is the complete interview with Jay Garthwaite

Vogt v. KPOA - Amended Complaint - Vogt v. KPOA

The KPOA Directory has been updated and now in PDF format! Go to the KPOA website and then go to Members Only to view. If you need to contact your neighbor that is not listed in this directory (a lot owner or someone that currently has an second home and not listed) just contact the KPOA office by calling (360) 385-0814 or (360) 385-5281 or emailing them Email KPOA Office for the information.

FCC OTARD Pleading.pdf - Garthwaite January 27, 2003 filing with FCC to invalidate Architectural Committee fees, rules and controls on antennas and dishes at KP.

Initial 12/6/02 KPO Meeting Announcement - This is the letter to Kala Point Homeowners sent out for the Initial KPO 12/6/02 Meeting.

Myth of Privatopia Document - A Home Owners Association in California with similar problems to the ones that we have in Kala Point. (PDF)

Kala Point Governing Documents - Downloaded from the KPOA website on January 16, 2003, these are the enabling (authority granting) documents KPOA looks to for their operating authority. We assume these files to be complete and accurate, but make no guarantee of this. We post them here as a convenient spot for KPO interested persons to find and download them. They are PDF files.

JAN 15 03 BOARD LETTER ON VOGT HEARING - An open letter by Jay Garthwaite to KPOA board members about the conduct of association meetings in light of Washington State Laws on open meetings and board member accountability for compliance with these specific laws. This letter was sent on January 15th, following a board meeting (tree committee appeal hearing) conducted on January 14th, 2003. (PDF)

More documents will be added to this list all the time. Please check back for updates.

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