2025 Special Meeting of the Members
Sunday, February 23, 2025
at the Scenic Estates Clubhouse, Lummi Island
Sign-in 8:30 am
Call to order 9:30 am
Voting will occur on whether to accept the following proposed bylaw amendment that allows LISECC to recover attorney’s fees and costs if LISECC prevails in a lawsuit. The meeting will be held in hybrid format, with Zoom available for those who cannot attend in person. Zoom attendees eligible to vote are requested to vote either by absentee ballot or assigned proxy. There will be no voting or interaction through Zoom; it is intended for observation only.
READ ARTICLES 4.3 and 4.5. OF THE BYLAWS
The results of the vote will be released at the regular LISE Board of Directors’ Meeting scheduled for 1:00 pm Sunday afternoon, February 23, 2025. Please be aware that this meeting time is subject to the vote count being completed and may need to be adjusted prior to being convened.
THE BOARD IS ENCOURAGING A YES VOTE IN SUPPORT OF THE PROPOSED AMENDMENT.
As a result of the open community discussion held at the last meeting of the Board of Directors (Sunday, January 26, 2025), there have been a couple of minor changes made to the wording of the amendment. Its important to note that none of the minor changes in language alters the statement as presented or its intent.
Here is the revised version with changes in bold italics:
If the amendment passes, the text will be recorded with the following corrections as allowed by the Revised Code of Washington 64.90.285(9). The changes are to reflect consistency of phrase (1), to correct a simple scrivener’s error (2), and to clarify an ambiguity (3).
2025 AMENDMENT TO BYLAWS OF LUMMI ISLAND SCENIC ESTATES COMMUNITY CLUB, INC.
A. Pursuant to Article 4.7.2 of the Bylaws of Lummi Island Scenic Estates Community Club, Inc.(hereinafter “LISECC”), the Bylaws may be amended by a majority vote of the membership.
B. The Board of LISECC has determined it would be beneficial for LISECC to formally amend the Bylaws in order to add a provision allowing LISECC to recover attorney’s fees and damages if LISECC is involved in a lawsuit.
NOW, THEREFORE, pursuant to and in compliance with Article 4.7.2 of the Bylaws, LISECC hereby amends the following provisions:
Section 4.5.
Dues and assessments, Attorneys’ Fees and Costs
Article 4.5.4
Attorneys’ Fees and Costs
4.5.4.1
LISE shall be entitled to recover any reasonable attorneys' fees and costs incurred in connection with the collection of delinquent accounts, whether or not such collection activities result in suit being commenced or prosecuted to judgment. In addition, LISE shall be entitled to recover reasonable attorneys' fees and costs if it prevails on appeal and in the enforcement of a judgment, as determined by the court. In any other proceeding to enforce LISE's governing documents, rules, and regulations, the substantially prevailing party shall be entitled to an award of attorneys’ fees and costs against the non-prevailing party, as determined by the court. In the event that the prevailing party is LISE, the attorney's fees and costs so awarded shall constitute an assessment against the non-prevailing member’s lot(s).
4.5.4.1 (a)
In the event a lawsuit is brought against LISE by a member the substantially prevailing party shall be entitled to an award of attorneys’ fees and costs against the non-prevailing party, as determined by the court. In the event that the prevailing party is LISE, the attorneys’ fees and costs so awarded shall constitute an assessment against the non-prevailing member’s lot(s).
EXCEPT as modified by this Amendment, all of the terms and provisions of the Bylaws are hereby expressly ratified and confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, Lummi Island Scenic Estates Community Club, Inc., a Washington Nonprofit Corporation, has caused this instrument to be adopted as the Amendment to the Bylaws of LISECC, pursuant to a vote of the Members of the Association, in which a majority of the total votes in LISECC consented in writing, as attested by its secretary this day of , 2025.
LUMMI ISLAND SCENIC ESTATES COMMUNITY CLUB, INC.:
ATTEST:
By , Secretary
Special Meeting Materials
Absentee ballots will be mailed to each member in good standing along with this information:
