Nisqually Pines Community Club Resolution no. 94 - 1
Effective January 1, 1995
Revised September 8, 2005
94.1.005What gives Nisqually Pines theAuthority 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:
“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 meansany 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 againstthe 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.
94.1.017What 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 complaintor 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 respondentand/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, complainantor 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.
94.1.020 Who are the responsible persons? 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 willfullyinterfere with thesecurity 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, anyperson 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: (i) Breaching the peace; (ii)Present within the Pines without authorization from a member or current resident; (iii)Violating common area rules (b) Escort minors to their residence within the Pines, if they are breaching the peace; (c) Issue Notices of Infractions for violation of the driving and vehicle regulations described in 94.1.040 of this Resolutionwithin the Pines (if an offender fails or refuses to stop, the Notice of Infractionwill 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.
94.1.033What 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 fixturesthat 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) Dischargingfirearms. 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 anyactivities, 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 newdevelopment 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