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Operating Procedures
PREFACE
The “Ponderosa” is an association of volunteers. The Board of Trustees are volunteers elected from the membership. The committees and committee chairs are volunteers appointed by the President from the membership. There are no travel expenses or per diem reimbursement. No executive perquisites. There are no employees and no paid staff, although we do have a contract with a Maintenance Contractor who maintains our roads, water system, swimming pool, clubhouse and grounds. The Maintenance Contractor supplies all his/her own equipment, fuel, insurance, additional hired help, taxes, and arranges for his/her own retirement and medical coverage.
Many of us had been told of the privileges we obtained when we bought in the Ponderosa, such as use of the swimming pool, clubhouse, greenbelts, free water, roads plowed in the winter. But for many others of us, the real estate agent or the seller neglected to mention the obligations we assumed, such as Maintenance & Operations Dues, Special Assessments for unusual expenses, and the expectation that we would assume our fair share of the volunteer work. Those of us who either live here or come here in order to reduce the number of calls on our time and energy need to remind ourselves that it takes each of us volunteering just a little bit to keep our community just the way we like it.
Our Bylaws, these Operating Procedures, and our Rules & Regulations were written by member volunteers, for member volunteers. They are not written in legalese or technical jargon. They are intended to provide a minimal structure to help those of us who have little experience running our own “city”; to make it easier to maintain the amenities we all sought when we bought here. If you will read through them, you will obtain a sense of what the Ponderosa is all about and how it operates.
Those of us who are already volunteering encourage those of you who are not to offer your help and become involved. It requires no prior experience or special expertise, although if you have either of these they are most welcome.
OPERATING PROCEDURES
1. BYLAWS
The Operating Procedures are an adjunct to the Bylaws of the Ponderosa Community Club, Inc., and specifically incorporate the definitions used in the Bylaws.
2. ORGANIZATIONAL STRUCTURE
See page 21 for a graphic of the Ponderosa’s organizational structure.
3. COMMITTEES
Committee Make-up. To serve on a committee you must be a member in good standing: that is, current on all dues and assessments, and not in violation of Ponderosa’s water rules. The committee sizes recommended below take into account that too small a committee limits ideas, while too large a committee tends to hinder progress toward objectives; however, availability of volunteer members and expertise must always be considerations.
Appointment of Committees. Each year, but no later than September 1, the President appoints members to the following standing committees: Strategic Planning, Roads, Water & Waste Water, Building & Grounds, Budget & Finance, Nominating, Elections, and Social. The President may also appoint other committees (Ad Hoc) on an as-needed basis in order to take advantage of expertise in the membership, to give more members the opportunity to participate, and to lighten the workload on any individual. To be considered for service on a committee -- either a standing committee, or one you believe should be created -- place your name and interests with a Trustee.
Board of Trustees and Committee Relationship. Through operation of the Bylaws and other sections of these Operating Procedures, each committee is assigned a Trustee whose responsibility is to assure that the committee is meeting properly and in a timely manner, that progress toward goals is being made, that due dates are being met, and to coordinate the committee’s work with other committees and the Board of Trustees. The assigned Trustee is not a member of the committee, and has no voting power on the committee. The Trustee may not influence the committee’s deliberations or conclusions, or screen or censor the committee’s reports, although the Trustee’s experience, advice and counsel can be offered for the committee’s consideration.
Committee Reports & Recommendations. The committee may reach its conclusions by unanimous vote, by majority rule, or by consensus. It is not necessary that every committee member be in agreement with every element of the committee report, but courtesy and accomodation are crucial elements necessary to keep the business of the Ponderosa moving forward. The committee reports and recommendations are to be presented, in writing, through the organizational structure (see page 21) to the Board of Trustees, who is responsible for reviewing them for approval or revision.
Board’s Acceptance of Committee Reports. If the Board of Trustees accepts a committee’s report without revision, the Board of Trustees is to act in accordance with the report and its recommendations.
Board’s Revision of Committee Reports. If the Board of Trustees revises a committee’s report, the revisions are to be returned to the committee for approval. If the committee approves the Board of Trustee’s revisions, or makes further revisions which are acceptable to the Board of Trustees, the Board of Trustees is to act in accordance with the revised report and its recommendations.
Failure to Reach Agreement. If the Board of Trustees and the committee cannot reach agreement on a single version of the report, both versions are to be presented to the membership for acceptance of one version, or rejection of both versions. This should be a rare occurrence, if all parties are seeking the best outcome for the Ponderosa through courtesy and accomodation.
4. STANDING COMMITTEES
Standing Committees are needed to handle ongoing issues. Ponderosa has seven standing committees which continue in place, even after their reports have been submitted. The members of the standing committees will change over time as appointments are made each year.
A. Roads Committee. The recommended number of members is no fewer than three (3). The Director of Operations is the Trustee assigned to this committee. The Roads Committee is charged with:
a) When approved by the Board of Trustees, the responsibility for maintenance, repair and improvement of the Corporation’s road and storm water systems, except for those responsibilities specifically assumed by the Maintenance Contractor by contract;
b) Forecasting the requirements of the Corporation’s road and storm water systems within the next five years, and planning the maintenance, repair and replacement schedule(s);
c) Preparing a one-year budget and a five-year forecast of estimated costs and presenting them to the Director of Operations no later than November 30 each year;
d) Assisting the Director of Operations with the recruitment of volunteers to assist with various road and storm water systems projects of the Corporation.
B. Water & Waste Water Committee. The recommended number of members is no fewer than three (3). The Director of Operations is the Trustee assigned to this committee. The committee is charged with:
a) When approved by the Board of Trustees, the responsibility for maintenance, repair and improvement of the Corporation’s water and waste water systems, except for those responsibilities specifically assumed by the Maintenance Contractor by contract;
b) Forecasting the requirements of the Corporation’s water and waste water systems within the next five years, and planning the maintenance, repair and replacement schedule(s);
c) Preparing a one-year budget and a five-year forecast of estimated costs and presenting them to the Director of Operations no later than November 30 each year;
d) Assisting the Director of Operations with the recruitment of volunteers to assist with various water and waste water system projects of the Corporation.
C. Buildings & Grounds Committee. The recommended number of members is no fewer than three (3). The committee shall be monitored by the Director of Operations. The committee is charged with:
a) When approved by the Board of Trustees, the responsibility for maintenance, repair and improvement of existing buildings, including the swimming pool, grounds and greenbelts owned by the Corporation, except when any of these responsibilities have been assumed by the Maintenance Contractor by contract;
b) Forecasting the requirements of the Corporation’s building and grounds within the next five years, and planning the capital improvements, maintenance, repair and replacement schedule(s);
c) Preparing a one-year budget and five year forecast of estimated costs and presenting them to the Director of Operations no later than November 30 each year; and
d) Assisting the Director of Operations with the recruitment and oversight of volunteers to assist with various buildings and grounds projects of the Corporation.
D. Budget & Finance Committee. The recommended number of members is no fewer than three (3). The Treasurer is the Trustee assigned to this committee. The committee is charged with the responsibility of:
a) Gathering, negotiating and synthesizing the estimated costs of capital improvements and other expenses prepared by other committees and by the Board of Trustees;
b) Analyzing the corporation’s spending patterns over time; and
c) Preparing one-year budget and five-year forecast proposals with recommendations of methods of financing these proposals and presenting them to the Treasurer no later than February 28 each year.
E. Nominating Committee. The recommended number of members is no fewer than two (2) in order to expand recruitment and provide member access. The President is the Trustee assigned to this committee. The committee is responsible for:
a) Soliciting candidates to fill Board positions which will become vacant during the coming year. The solicitation(s) shall be done through a mailing to the members, which includes an announcement of the committee’s existence and method(s) of contact, a request for volunteers to run for election, and a request for names of persons the Nominating Committee might contact as potential candidates.
b) Interviewing all candidates in order to explain the obligations and responsibilities of a Board position and to confirm the candidate’s continued seriousness to run for election.
c) Obtaining written statements from each candidate of two hundred fifty (250) words or less outlining the candidate’s history with Ponderosa Estates, the experiences, attributes or qualifications the candidate feels he/she would bring to the Trustee position, and/or any specific needs of the community the candidate has identified which need to be addressed.
d) Requesting a photograph (e.g. 3” x 5” snapshot) of each candidate; and
e) Presenting the written statements and photographs to the Board of Trustees by March 15 each year.
F. Elections Committee. The Elections Committee shall consist of no fewer than four (4) members in order to provide ballot counting crosschecks. The President is the Trustee assigned to this committee. The committee is charged with the responsibility of:
a) Receiving mailed-in ballots and maintaining the ballots unopened and secure until they are opened, validated and counted;
b) Collecting, validating and counting hand-carried ballots;
c) Administering the Election Procedures outlined elsewhere in these Operating Procedures;
d) Validating and counting all paper ballots; and
e) Retaining the ballots and tally sheets for the retention period, then destroying them.
G. Social Committee. The recommended number of members for the Social Committee is a minimum of five (5). The Vice President is the Trustee assigned to this committee. The committee is charged with:
a) Planning, organizing and directing social and fund-raising activities which involve the Ponderosa’s facilities, other than those fund-raising activities which have been assigned to the Treasurer. Insofar as is possible, a social activities plan for each year should be presented to the Vice President by December 31 each year.
b) Collecting, accounting for, and spending funds raised at these events.
All funds raised by the Social Committee shall be retained by the committee. One committee member shall maintain a separate accounting record for these funds, while a second committee member shall be responsible for handling the money. A written financial report shall be given to the Board of Trustees at their regular monthly meeting. The Social Committee may spend the funds from their account on social activities and committee projects which benefit the Ponderosa without prior approval of the Board of Trustees.
5. AD HOC COMMITTEES
An ad hoc committee is one which is appointed to carry out a specific, short-term mission. When the committee report is submitted to the Board of Trustees, the committee is automatically dissolved. Examples of ad hoc committees are Bylaws Committee, Operating Procedures Committee, and Rules & Regulations Committee, all of which might be formed occasionally to review/revise these documents; a Legal Committee, which might be formed to oversee a lawsuit; or a Membership Committee to welcome and assist new members in becoming involved.
The Strategic Planning Committee is also an ad hoc committee. Although it is formed every year, its mission is carried out within a short time and it is not required to convene until the following year. Continuity of membership on the Strategic Planning Committee is an important consideration.
A. Strategic Planning Committee. The recommended number of members is no fewer than three (3) and no more than seven (7) in order to obtain a breadth of ideas without becoming bogged down in: discussion. The President is the Trustee assigned to this committee. The committee is charged with:
a) Predicting changes in the economic, social, cultural, governmental and other environments of Washington State, Chelan County and, ultimately Ponderosa Estates which are expected to occur within the next five years.
b) Updating the strategic plan by September 30 each year in order to eliminate those elements which have been completed, to modify unfinished elements in order to reflect current thinking, and to add new elements.
Developing the Strategic Plan. The Strategic Plan shall be developed using the following guidelines:
1. List the changes in the various environments of Ponderosa Estates and Chelan County the committee has observed which have occurred within the past five years (e.g. population, demographics, construction, inflation, code changes, challenging issues, expectations of the membership, etc.) Develop this list as committee members voice them, rather than attempting to create any order of importance or priorities at this time.
2. Using the list developed in (1) above, brainstorm and list the changes in the environments the committee thinks may occur in Ponderosa Estate and Chelan County within the next five years. Develop this second list as committee members voice them, rather than attempting to create any order of importance or practicality significance at this time.
3. Using the list developed in (2) above, the committee should winnow out any item(s) that appear to either be impractical to deal with, or unworthy of consideration for any Corporation response. This step can be accomplished by simple cross-out of those items selected for elimination.
4. Using the refined list developed in (3) above, the committee should write in order of importance the remaining issues in the column on the Strategic Plan form entitled “Environmental Issues”.
5. For each “Environmental Issue”, the committee should write in the column entitled “Impacts”, their prediction(s) of the resulting impact(s) of these issues on Ponderosa Estates if the committee’s predictions were to come true.
6. For each “Impact”, the committee should write in the column entitled “Response”, the response(s) the committee feels the Corporation should take to avoid, mitigate, control, or take advantage of each impact.
7. When the committee is agreed, the Strategic Plan form shall be presented to the Board of Trustees as the committee report.
Updating the Strategic Plan. The Strategic Plan shall be reviewed annually by the Strategic Plan Committee using the following criteria:
a. Should any of the “Environmental Issues” be eliminated as unlikely to come true, or be modified in light of events during the past year? Should any new “Environmental Issues” be added in light of events during the past year? Develop this list as committee members voice them, rather than attempting to create any order of importance or priorities at this time.
b. Using the list developed in (a) above, brainstorm and revise the changes in the environments the committee thinks will probably occur in Ponderosa Estate and Chelan County within the next five years. Develop this second list as committee members voice them, rather than attempting to create any order of importance or practical significance at this time.
c. Using the list developed in (b) above, the committee should winnow out any item(s) that appear to either be impractical to deal with, or unworthy of consideration for any Corporation response. This step can be accomplished by simple cross-out of those items selected for elimination.
d. Using the refined list developed in (c) above, the committee should write in order of importance the remaining issues in the column on a new Strategic Plan form entitled “Environmental Issues”.
e. Continue the same process for the columns entitled “Impacts” and “Responses” until a new Strategic Plan form has been created for submittal to the Board of Trustees.
6. OMBUDSMAN
The position of Ombudsman is to be filled by paper ballot election each year at the Annual Member’s Meeting. Candidates are to be sought by the Nominating Committee. The Ombudsman is not a Trustee, and has no voting power on the Board of Trustees or on any committee.
The Ombudsman investigates complaints, reports findings to the Board of Trustees and the membership, and mediates fair settlements between members and the Corporation. The Ombudsman’s position is neutral as to the Board of Trustees and the membership; the Ombudsman’s obligation is to promote the best interests of Ponderosa Estates as a whole.
For example, the Ombudsman may agree to assist the Board of Trustees with a member who is in violation of zoning codes. Or, the Ombudsman may agree to assist a member, or group of members, who do not feel the Board of Trustees is being responsive to their needs. Or, the Ombudsman may see some community need and initiate the action to fill that need.
If there are written reports or newsletter articles about the Ombudsman’s activities, member’s names are to be omitted. The thrust of reports or articles is to keep the membership informed of the scope of the position’s responsibilities and to promote cooperation, good citizenship and volunteerism among members.
7. PLANNING AND BUDGET PROCESS
See page 22 for a graphic of the planning and budget process.
Five-Year Strategic Plan. By September 30 each year, the Five-Year Strategic Plan proposal is to be presented to the President by the Strategic Planning Committee. Negotiations and discussion continue between the Board of Trustees and the Chair of the Strategic Planning Committee in order to reach agreement on a final version of the Five-Year Strategic Plan.
By October 15 each year, a copy of the final version of the Five-Year Strategic Plan is to be given by the President to the chairs of the following capital committees: Roads, Water & Waste Water, Building & Grounds. A copy is also given to the chair of the Budget & Finance committee.
Capital Committees and Board of Trustees. Each of the capital committees then utilize appropriate portions of the Five-Year Strategic Plan, plus the more day-to-day and month-to-month needs and project requirements which impact their areas of responsibility, in order to prepare their one-year budgets and their five-year financial needs forecasts. At the same time, the Board of Trustees also prepares a one-year budget and five-year financial forecast for those projects it sees as important.
Director of Operations. The capital committee budgets and forecasts are given to the Director of Operations, who is responsible for coordinating the work of the capital committees and reaching agreement on a final version which is acceptable to the capital committees. The Director of Operations is to give the final version to the chair of the Budget & Finance Committee by November 30 each year. The Board of Trustee’s one-year budget and five-year financial needs forecast is also to be given to the chair of the Budget & Finance Committee by November 30 each year.
Budget & Finance Committee. The Budget & Finance Committee evaluates the capital committee reports from the Director of Operations and the requirements of the Board of Trustees in light of the Strategic Plan, the amount of money required to carry out the planned projects, and the methods and time frames required for raising the money. Discussions are then carried on with the Director of Operations and the Board of Trustees in order to reach a final version of the one-year budget and the five-year financial forecast which is economically sound and practical, and acceptable to all parties.
Final Version of the Budget and Financial Forecast. The chair of the Budget & Finance Committee then prepares the final version of the one-year budget and the five-year financial forecast, and presents it to the Treasurer by February 28 of each year with a recommendation for acceptance by the membership. This final version must be completed in time for preparation, printing, assembly and mailing of educational materials and ballots to the membership, so the due date may change from year to year, depending upon availability of volunteers and other commitments.
Vote of the Membership. The Treasurer presents the final version to the Board, who is responsible for presenting it to the membership for a paper ballot vote.
8. MEMBER’S RESPONSIBILITIES
Duties to Others. Members have a duty to their families, guests and tenants to advise them of the Ponderosa’s rules and regulations, and of the family’s, guest’s and tenant’s responsibility to comply.
Notice of Change in Ownership or Mailing Address. It is the member’s responsibility to advise the Board of Trustees promptly of any change in mailing address and of any change in ownership of their property within Ponderosa Estates in order to assure proper billing of dues, assessments and fees, and to prevent delinquencies and subsequent penalties. If possible, a means of notification of these changes should be incorporated in the bills for dues and special assessments.
9. GUEST/ TENANT RESPONSIBILITIES AND PRIVILEGES
Families, social guests and tenants. Families, social guests and tenants of members enjoy the same privileges to the use of Ponderosa facilities as members while residing within Ponderosa Estates. Families, social guests and tenants of members also carry the same responsibilities toward their neighbors and Ponderosa property as members. It is the responsibility of the host member to inform family, social guests and tenants of these responsibilities. Breach of the Rules & Regulations may result in restriction or removal of privileges.
10. NEW MEMBERS
When anyone identifies a new member, the Secretary is to be notified. The Secretary will contact the new member, obtain correct names, addresses and phone numbers for billing and directory purposes, and provide the new member with a “New Member Packet”. The Secretary will then forward the identifying information to the Treasurer and to the person responsible for the Ponderosa Telephone Directory.
The “New Member Packet” shall consist of:
A welcoming letter inviting the new member to become involved;
A questionnaire regarding the new member’s interests, skills, etc.;
A copy of the Bylaws, Operating Procedures, and Rules & Regulations;
A copy of the zoning regulations;
A list of the active committee chairpersons, with the method(s) of contacting them;
A list of the current Board of Trustees with the method(s) of contacting them;
A copy of the current Ponderosa Telephone Directory;
A brief description of the Maintenance Contractor’s duties and responsibilities and how the Maintenance Contractor may be contacted;
A copy of the current annual budget;
A list of existing special assessments;
A calendar of social events, even if it is an expired one, to show that such a calendar exists;
A map of Ponderosa Estates; and
A status report on the new member’s currently owed and/or past due financials.
11. MEMBERSHIP LISTS
Sorting and Printing. Membership lists are to be maintained in a database which allows sorting and printing by last name first, or by mailing address, or by Ponderosa address, or by those members who are in good standing, or by those members who are delinquent in their account.
Distribution and Privacy. Membership lists will be distributed to the Board of Trustees, to the Maintenance Contractor, and to governmental agencies when required by law. A Membership list will be made available for review, but not photocopying, to members in good standing who demonstrate a legitimate need. Membership lists may not be provided by anyone for purposes of advertising, solicitation, political campaigning, or any commercial purpose. These prohibitions do not apply to the Ponderosa’s telephone directory, which is printed by the Ponderosa Fire Department and may contain commercial advertising.
12. MAINTENANCE & OPERATIONS DUES
Annual Maintenance & Operations Dues are payable in two equal segments, the first half of which is to be billed by January 15 and the second half of which is to be billed by July 15.
13. SPECIAL ASSESSMENTS
The enabling language and amount(s) of Special Assessments shall be recorded in the Minutes of the Member’s Meeting at which the motion was passed. All assessments with durations of three (3) years or more shall also be detailed in attachments to the Operating Procedures until they expire.
14. DELINQUENT ACCOUNTS AND INTEREST CHARGES
Notification. When an account becomes delinquent, the Treasurer will notify the delinquent member by letter of the delinquency and that a lien will be recorded against the delinquent member’s real property within Ponderosa Estates if payment is not received, or satisfactory arrangements for payment not made. The letter shall include a description of the effects of a lien.
Payment Arrangements. “Satisfactory arrangements for payment” means equal, periodic payments sufficient to pay off the delinquent account’s balance, including interest, before the next billing cycle for that account. Unless the member specifies otherwise, payments on delinquent accounts are to be credited first to Water fees/penalties, next to Special Assessments, and last to Maintenance & Operations Dues.
Interest. Delinquent accounts will be charged interest at the rate of one percent (1%) compounded monthly (annual percentage rate of 12.7%) and will be billed each thirty (30) days until satisfied.
Rebilling Charge. A rebilling charge of five dollars ($5.00) will be assessed to cover the costs of setting up each delinquent account. Separate delinquent accounts will be established for Maintenance & Operations Dues, Special Assessments and Water fees/penalties, respectively.
15. LIENS AND FORECLOSURES
Liens. Ninety (90) days after the billing date, a lien will be recorded against the property for dues, assessments, fees, fines, penalties, and costs of collection and filing fees, when an account has not been paid, or satisfactory arrangements for payment have not been made with the Board of Trustees. The Treasurer will notify the delinquent member by letter when a lien has been recorded. The letter will include details of the next step that can be taken (foreclosure) and the effects of a foreclosure action.
Foreclosures. Foreclosure proceedings will be commenced against the property when the Board of Trustees concludes the amount to be recovered is worth the expenses of foreclosure.
Suspension of Liens and Foreclosures. The Board of Trustees may suspend recording of liens and/or initiating foreclosure action as long as satisfactory arrangements for payment have been made, and are being complied with by the member. Ssee definition under Article 14 Delinquent Accounts and Interest Charges above.
Quarterly Treasurer’s Report.The Treasurer will provide a written report to the Board of Trustees at the end of each fiscal quarter providing the totals (by age-date) of outstanding delinquencies, the totals (by age-date) of recorded liens and the status of individual foreclosure actions, including amounts to be recovered and costs incurred to date.
16. MISCELLANEOUS FINES AND PENALTIES
Vandalism and Malicious Mischief. Incidents of this nature are to be reported to the Board of Trustees on a form which can be obtained from the Secretary. The form includes space for names, addresses and phone numbers of participants and witnesses; dates, times and places of the incidents; and a description of the occurrences. The Ombudsman can assist with the written report to the Chelan County Sheriff’s office and can follow up to a conclusion of the case.
Tree Cutting. The Board of Trustees will assess a fine equal to double the value of any tree cut down which belongs to the Ponderosa Community Club, Inc., whether the cutting was wilful or due to a mistake. The value of the tree will be determined by a qualified timber cruiser on the basis of inspection of the fallen tree, the remaining stump and/or other evidence. In addition to the fine, the Board of Trustees may require replacement of the tree, the type, size and placement of which shall be at the discretion of the Board of Trustees.
Accidental Damage. The Board of Trustees may assess fines commensurate with the costs of repair of damage caused by members and/or their families, guests and tenants, and may levy such other penalties, including withdrawal of privileges to use Ponderosa facilities, when the Board of Trustees conclude there is sufficient evidence to identify the responsible party(ies). The Treasurer will bill the member within fifteen (15) days of the assessment of the damages and/or fine. In the case of delinquencies, subsequent recording of lien(s) and filing of foreclosure(s) will be done in accordance with the bylaws.
Violations of Rules and Regulations. The Secretary will notify the member, in writing, of the nature of the violation, seek the member’s cooperation in correcting the situation, and remind the member of the potential for fines and other penalties if the violations continue. Violations can result in loss of privileges, to be determined by the Board of Trustees, the Director of Operations, or the Maintenance Contractor, commensurate with the nature of the violation and/or the member’s continued failure to comply.
Violations of Zoning Codes. The Secretary will notify the member, in writing, of the nature of the violation, seek the member’s cooperation in correcting the situation, and remind the member of the potential for fines and other penalties if the violations continue. If the situation is not corrected by a date certain, the Secretary will notify the member, in writing that, by a date certain the Chelan County Code Enforcement Officer will be notified, which could result in the issuance of a citation and a fine. If the situation is not corrected by the date certain, the Chelan County code violation form will be filed, with a copy to the member. If the Chelan County code enforcement process does not result in correction of the violation, the Board of Trustees will notify the member, in writing, that if the situation is not corrected by a date certain, the Ponderosa Community Club, Inc., will make the correction and levy the costs against the lot. The Treasurer will bill the member within fifteen (15) days of the Board of Trustee’s assessment of costs. In the case of delinquencies, subsequent recording of lien(s) and filing of foreclosure(s) will be done in accordance with the bylaws.
NSF Checks. A charge of $15.00 will be made for each check returned for insufficient funds. This charge will be added to the account’s balance and will be subject to interest, liens and foreclosure.
17. BOOKKEEPING
Special Assessments must be separated from other funds either through separate bank accounts or through a bookkeeping system which clearly shows income, expenditures and current balance of each special account, and which also balances the special accounts against the current cash balance.
18. TREASURER’S REPORTS
The Treasurer’s Reports shall include the following, at a minimum:
Cash receipts, both for the month and year-to-date.
Cash transfers, if any, between accounts for the month.
Operating expenses by line item, amount budgeted, expenses for the month, and year-to-date.
Explanation of expenses for the month which are unusual or extraordinary in nature or amount.
Cash accounts activity for the month.
Individual special account activity for the month and year-to-date, including the total billed, received and outstanding on special assessments.
Delinquencies by account number (not name), amount, age of delinquency, and status of lien or foreclosure.
19. REVIEWS AND AUDITS OF THE CORPORATION BOOKS
The Treasurer shall instruct the Certified Public Accountant who is to do the annual review of the Corporation’s books to place the following notice at the bottom of the annual review: “The next audit of the Ponderosa Community Club, Inc.’s books shall be done in (insert year).” The year to be inserted shall be in accordance with the Bylaws requirement of an audit every seventh (7th) year.
20. WATER
Hookup Fee and Fines. The Corporation will charge:
a) A hookup fee of $160.00 per lot, payable in advance, to provide initial water hookup;
b) A fine of one hundred dollars ($100.00) and immediate termination of water service shall be levied for connecting to the Corporation’s water system without express approval of the Board of Trustees, or for taking water off of Ponderosa Estates.
c) An additional fine of two hundred dollars ($200.00), termination of water service shall be levied, and criminal action considered if a member restores the withdrawn water service without express approval of the Board of Trustees.
Water service fines become due and payable 30 days after the billing date, and are subject to liens a foreclosures.
Water System Operation and Maintenance Manual. Additional policies and procedures for the Ponderosa Community Club, Inc., water system shall be maintained in a separate Water System Operation and Maintenance Manual.
21. INDIVIDUAL TRUSTEE AUTHORITY
Authority Without Prior Approval. A Trustee, operating within the scope of his/her authority as outlined in the By-laws, may obligate the Ponderosa to an amount not to exceed five hundred dollars ($500.00) without prior approval of the Board of Trustees. This figure may be exceeded in the case of a true emergency (i.e. when the potential loss caused by waiting will exceed the amount to be spent), but only when the President or Vice President cannot be reached for consultation. Whenever this clause is invoked, the Trustee will provide the Board of Trustees, at their next subsequent meeting, an explanation of the circumstances, his/her reasoning, and the action taken. The Board of Trustees will vote on whether or not the Trustee’s use of excess authority was appropriate or inappropriate. This authority may be revoked/reinstated for an individual Trustee by a majority vote of the Board of Trustees.
22. COMPETITIVE BIDS
When Required. The Board of Trustees will seek competitive bids on any capital expenditure which required a special assessment of the members, and on any capital expenditure of $3,000 or more which is to be paid out of theCapital Improvements Reserve Fund. The use of competitive bids below $3,000 shall be at the discretion of the Board of Trustees, considering the nature of the work and the availability of qualified bidders.
Bid Oversight Committee. If any of the bidders or non-bid contractors/sellers are members of the Ponderosa, or are related to any Trustee or Ponderosa Maintenance Contractor, or employee, through blood, marriage, or adoption, the President will appoint an ad hoc Bid Oversight Committee consisting of at least three (3) members who are not themselves disqualified by the foregoing criteria. The Bid Oversight Committee will be responsible for monitoring and approving the bidding or non-bid job-letting/purchase process, in writing, before the Board of Trustees may award the contract, job, or purchase.
23. MEETINGS
Board of Trustees. Regular Board of Trustee business meetings shall begin at 8:00 a.m. on the second Saturday of each Month, except January, at the Clubhouse, and shall be open only to members in good standing. Each attendee will be required to sign-in on an attendance sheet, which will be checked by the Treasurer for any members who are not in good standing.
Member’s Annual Meeting. The Member’s Annual Meeting shall begin at 10:00 a.m. on the Sunday of Memorial Day weekend, at the Clubhouse, and shall be open only to members in good standing. The Election Committee will carry out the check-in procedure outlined under ELECTION PROCEDURES elsewhere in these Operating Procedures.
24. ELECTIONS
One Member, One Vote. As defined in the Bylaws, a membership in good standing is entitled to one vote, regardless of the number of persons who might be included in that membership, and regardless of the number of lots owned by that membership. These election procedures are intended to preserve the integrity of that principle, despite a variety of methods of voting utilized by the Ponderosa.
Pro and Con. The President will poll both those in favor and those opposing on every issue on which a vote, other than a paper ballot vote, is taken.
Colored Ballot Cards. Voting on all but paper ballot issues will be done only by holding colored voting cards aloft for tally. This assures that only one vote is cast per each membership in good standing.
Show of Hands Voting and Voice Voting. Show of hands (i.e. other than colored card) and voice voting are not allowed during member’s meetings, because this method does not assure that no more than one vote is being cast per membership. Show of hands (i.e. other than colored card) and voice voting may be used during Board of Trustee’s Meetings and committee meetings as long as attendance does not become too great to preserve this principle.
Paper Ballots. When the By-laws require paper ballots, no other form of voting is allowed. A mailing explaining the issue, a paper ballot form, and a return envelope shall be provided each member in good standing as called for in the By-laws. The return envelope shall be printed so it is addressed to the “Chairperson of the Election Committee” and is clearly identified as a ballot in order to preclude its premature opening.
Pro and Con Statements. All paper ballot issues being presented to the membership for a vote shall be accompanied by a written pro statement and a con statement, when possible to obtain them, so the membership may make an informed choice. The Board of Trustees will actively solicit the membership for those willing to accept the task of writing these statements. The leaders for both sides will often be apparent and willing to take on the task. The Board of Trustees will set the conditions, length and submittal deadlines, which are to be the same for both statements. In setting the length of the statements, consideration will be given to allowing space for sufficient argument and rebuttal, balanced against the constraints of publication space.
Ballot Security. The returned ballot envelopes are to be promptly delivered directly to the chair of the Election Committee upon retrieval from the Ponderosa’s mail box.
The returned ballot envelopes are to be retained, unopened, in a secure place by the chair of the Election Committee. Shortly before the meeting at which the ballot results are to be announced, the chair of the Election Committee will convene the committee to validate and count the ballots thus far received in the mail. The ballots will be validated and counted in accordance with the procedures below. The tally sheets will be signed by each member of the commitee, and the ballots and the tally sheets will be retained by the chair of the Election Committee.
Election Procedures. These procedures are to be followed at any meeting at which a paper ballot vote of the members is to be taken:
1. The chair of the Election Committee will appoint personnel for each door, other than the main door, to assure that entry is achieved only by the main door. (It is assumed fire codes will not allow these secondary doors to be locked.)
2. The Election Committee will establish tables at the main door, by which each attendee must pass to gain entry to the room. The name of each person entering the room will be checked against the mailing label list of those members in good standing which has been provided to the chair of the Election Committee by the Treasurer. Those who are not on the mailing label list may not gain entry.
3. Four (4) different colors of large voting cards will be maintained. The chair of the Election Committee will select the color to be used for the specific event. Those who are on the mailing label list will receive one colored voting card per membership and their mailing label will be transferred to a sheet designating members present at the meeting. For example, if the name John & Mary Doe appears on the label and Mary Doe is the first one to enter the meeting room, she would receive the colored voting card, and the entire name (John & Mary Doe) would be transferred from the mailing label list to the attendance sheet. If John Doe then enters the meeting room he would not receive a colored voting card. However, if the name John Doe appears on one label on the mailing list and Mary Doe appears on a separate label, both would receive colored voting cards when they enter the meeting room and both mailing labels would be transferred.
4. The ballot box is to be placed near the registration table.
5. Anyone leaving the meeting room through any door will retain their colored voting card, but must regain entry only through the main door by showing their colored card, or by being identified as a member in good standing.
6. The President will have the Election Committee gather any remaining hand-carried paper ballots from the audience, after which the Election Committee will retire to validate and count any unopened mailed in paper ballots and the hand-carried paper ballots received from the audience.
Ballot Validation. The Election Committee will examine mailed-in ballots which were not previously counted to determine they have not been opened. If any are found to have been previously opened, these ballots will be set aside as invalid. The unopened mailed-in ballots are then to be opened, combined with the hand-carried ballots, and examined for irregularities (e.g. markings both “for” and “against” any issue, markings for more than the allowable number of candidates, fraudulent copies). Any ballots containing irregularities will be set aside and will not be included in the vote count.
7. Each of the members of the Election Committee will view each of the valid ballots and maintain his/her own tabulation sheet. At the close of tabulation, when all tabulation sheets are in agreement, the chair of the Election Committee will announce the ballot results at the meeting.
Retention of Ballots and Tally Sheets. The chair of the Election Committee will retain the ballots and the tally sheets for sixty (60) days from the date of the announcement of the results. If the ballot results are not questioned or if a recount is not requested by the end of this period, the chair of the Elections Committee will destroy the ballots and the tally sheets.
25. SWIMMING POOL AND CLUBHOUSE
Clubhouse Operating Period. The Clubhouse will be available for member use, by reservation, daily from about 10:00 a.m. to no later than 10:00 p.m., throughout the year.
Swimming Pool Operating Period. The swimming pool will be opened temporarily for the weekend of Memorial Day, weather permitting. The swimming pool will be reopened when the local schools close for the summer (approximately mid-June), or when cool weather no longer impacts usage and operating costs; and will remain open six (6) days a week, health codes permitting, until approximately mid-September when cool weather impacts usage and operating costs. Operating hours will be from about 10:00 a.m. to no later than 10:00 p.m. The first and last operating hour of each day will be reserved for the use of persons 21 years of age, or older.
Exclusive Use, Fee and Deposit. The swimming pool may not be reserved for the exclusive use of any person or group. The Clubhouse may be reserved for exclusive use by any member in good standing by making mutually satisfactory arrangements with the Maintenance Contractor and upon:
1) Payment of a non-refundable reservation fee of twenty-five dollars ($25.00);
2) Payment of a damage deposit of one hundred dollars ($100.00); and
3) Execution of a hold-harmless agreement protecting Ponderosa Community Club, Inc., from liability for injury or damages.
The fee and deposit must be paid no later than two weeks in advance of the event in order to allow time for the check(s) to clear the bank. An NSF check automatically cancels the reservation.
Overnight Occupancy. Overnight occupancy of the Clubhouse is not allowed, except as a catastrophe emergency shelter.
Posting of Rules, Regulations and Special Conditions. The Board of Trustees will establish and post rules and regulations for the use of the Clubhouse and the swimming pool.
26. MAINTENANCE CONTRACTOR
Contract. The Maintenance Contractor is to be engaged via a contract, which is to be negotiated by the Board of Trustees.
Housing. The Ponderosa will provide a home, exclusive of utilities, at no cost to the Maintenance Contractor as an incentive for the Maintenance Contractor to be available when needed.
Job Description. The Director of Operations will maintain a current job description for the position of Maintenance Contractor.
Performance Appraisal. A written appraisal of the Maintenance Contractor’s performance will be submitted by the Director of Operations to the Board of Trustees ninety (90) days after signing the initial contract, and at the end of each fiscal year thereafter.
Member’s Comments/Concerns. Member’s comments or concerns about the Maintenance Contractor’s performance are to be addressed, in writing, to the Director of Operations.
27. NEWSLETTER
Publication Dates. The Board of Trustees will keep the members informed on matters of importance to the operation of the Ponderosa, no less frequently than April, July, October and January of each year. This may be accomplished through a newsletter or other form of informational mailing to all members, including those who are not in good standing. A copy is also to be posted at the Clubhouse.
Possible Subject Matter. Subjects might include budgeted versus actual expenditures on major projects, updates on legal matters, items on upcoming Board meeting agendas of potential interest to the members, status of pending projects, committee reports, names and methods of contacting Trustees and committee chairs, etc.
Combination Mailings. These newsletter subjects may be combined with other mailings required by the By-laws, at the discretion of the Board of Trustees.
28. AMENDMENTS
These Operating Procedures may be revised, amended, or replaced in their entirety by a simple majority of paper ballots cast by the members in a vote held in accordance with the Bylaws.
OPERATIONAL TIMELINE (DUE DATES)
Memorial Day (May):
Annual Member’s Meeting; Counting of ballots for election of Trustees and acceptance of a budget for the following fiscal year (Jan 1 thru Dec 31).
September 1:
As early as possible, but no later than September 1, the President shall appoint committees for Strategic Planning, Roads, Water/Waste Water, Building & Grounds, Nominating, Elections, and Social.
September 30:
The Strategic Planning Committee’s update of the Strategic Plan for the next five years is to be presented to the President by this date.
October 15:
The Board of Trustee’s presentation of the updated Strategic Plan to appropriate committee chairs by this date.
November 30:
The Board of Trustee’s one-year budget for operations is to be given to the Budget & Finance Committee by this date. Also, the Roads, Water/Waste Water, and Building & Grounds committees one-year budgets and five-year financial forecasts are to be given to the Director of Operations by this date.
December 31:
The Director of Operation’s final report on the one-year budgets and five-year financial forecasts from the Roads, Water/Waste Water, and Building & Grounds committees shall be given to the chair of the Budget & Finance Committee by this date. Also, the Social Committee’s activities plan for the following year shall be given to the Vice President by this date.
February 28:
The Budget & Finance Committee’s proposed one-year budget and five-year financial forecast is to be given to the Treasurer by this date.
January 15:
The Treasurer is to mail bills to members for first half of Maintenance & Operations Dues and Special Assessments by this date.
March 1:
The Nominating Committee’s written statements from and snapshots of candidates running for election as Trustees are to be given to the President by this date.
April 1 (approximately):
This is the earliest date for mailing of paper ballots for election of Trustees and other issues which are to be counted at the Memorial Day Annual Member’s Meeting.
May 1 (approximately)
This is the last date for mailing of paper ballots for election of Trustees and other issues which are to be counted at the Memorial Day Annual Member’s Meeting.
May 30 (approximately)
Annual Member’s Meeting to be held the Sunday of Memorial Day weekend.
July 15:
The Treasurer is to mail bills to members for second half of Maintenance & Operations Dues and Special Assessments by this date.
SPECIAL ASSESSMENT ATTACHMENTS
Water System
The following special assessment was passed in 1991:
“A water system improvement assessment shall be levied on all lots. The funds from this assessment shall be dedicated for the purpose of upgrading the water system to comply with County and State Department of Health Regulations and to upgrade fire protection by providing full fireflow. The assessment shall be no more than one hundred ($100.00) per lot per year for a period of twenty (20) years. Assessment will be billed annually beginning with 1991 and ending with the billing of 2010. If, after the 2010 billing a balance remains, a (new assessment) may (need to) be considered.”
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Leavenworth, WA 98826