2021.0329.AP0003 210622 MMHOA - City of Yelm - Appeal [Exhibits]City of Yelm - Appeal
Exhibits
PO Box 466
Yelm, WA 98597
mm-hoa@hotmail.com
Page 1 of 11 Case: 2020.0286.PR0009
Appeal Exhibit #1
The plat of McKenzie Meadows clearly states that future residential development is reserved for the Declarant (Figure 1).
Figure 1
City of Yelm - Appeal
Exhibits
PO Box 466
Yelm, WA 98597
mm-hoa@hotmail.com
Page 2 of 11 Case: 2020.0286.PR0009
Appeal Exhibit #2
As you can see in the McKenzie Meadows CCRs (Figure 1), the waiver of opposition is only granted by lot owners 1-24, not the
Homeowners’ Association, it only granted to the Declarant, and it references a section that does not exist. As abundantly clear,
this waiver is erroneous, no longer applies, and as such – was officially retired by way of resolution (Resolution 210216-05)
Figure 1
City of Yelm - Appeal
Exhibits
PO Box 466
Yelm, WA 98597
mm-hoa@hotmail.com
Page 3 of 11 Case: 2020.0286.PR0009
Appeal Exhibit #3
Figure 1 shows security footage at my house detailing my conversation with Casey Peterson, an owner of C&E, the applicant.
During this conversation, I pleaded with Mr. Peterson to work with us to find a solution to this scenario. I said that we weren’t
just willing – but that we wanted to meet with him to hash out the details.
I invited him to our next board meeting on the following Wednesday – to which he refused. I then asked him if he could tell me
when he was available because I would like to schedule a time to meet. I told him that I, and hopefully the rest of the Board,
would make our schedules flexible and that I could meet with him whenever it was convenient for him. He also refused that
request.
Mr. Peterson threatened me during this conversation by stating that it was in my best interest to sign his document and to
have the HOA approve his proposal for an alteration. The threat included telling me that if he wasn’t allowed to build that he
would sell the property to someone who might do something we don’t like or that would lower our home values.
During this conversation, I recall finding the gift card (Figure 1) on his clipboard was very odd – and the fact that he awkwardly
kept it pointed at me continuously for nearly 20 minutes. The deviousness of this didn’t register with me at the time. However,
afterward, we had multiple reports from our Members that either Mr. Peterson offered them a gift card or that they felt he
was attempting to coerce their signature with gift cards.
Also, during this conversation, Mr. Peterson said that he had not read any of our governing documents, the Yelm Municipal
Code statute regarding alterations, RCW 58.17.215. He said he was not even aware of RCW 58.17.215. When asked why he
was collecting signatures – what specific law, code, or otherwise – he said he did not know.
As made evident and already stated, this entire conversation was recorded. This conversation was backed up and stored. This
conversation was also observed by my wife, Amanda Johnstone, to which she will attest.
Figure 1
City of Yelm - Appeal
Exhibits
PO Box 466
Yelm, WA 98597
mm-hoa@hotmail.com
Page 4 of 11 Case: 2020.0286.PR0009
Appeal Exhibit #4
In an email on 11/30/2020 to Valeska Rae (Figure 1), we detailed our intentions and expressed our desire to work together.
As detailed in Exhibit #3, we also expressed our desire to find a solution and to work together. Furthermore, we invited Mr.
Peterson to meet with us multiple times – which he refused.
Next, included with our resolutions and stop-work order was a letter from us dated February 26th, 2020, that once again said
that we need together to find a solution (Figure 2).
Finally, in response to our letter, resolutions, and stop-work order, Valeska said that we had not attempted to work with them
or invited them to meet (Figure 3).
This was quite shocking to us – as this was a very deceitful and wildly inaccurate statement. At that point, we did not know
how to respond to such dishonesty. As a last attempt to find a solution, we responded by attaching and suggesting to them to
fill out an application for their proposal (Figure 4). However unlikely, we thought that they might submit an application for
their development proposal and that this would open the door for effective communication.
We have yet to receive a response to that last email above.
C&E has shown a clear pattern of dishonesty, unethical practices, and a general mindset that the rules do not apply to them.
Figure 1
Figure 2
Figure 3
Figure 4
City of Yelm - Appeal
Exhibits
PO Box 466
Yelm, WA 98597
mm-hoa@hotmail.com
Page 5 of 11 Case: 2020.0286.PR0009
Appeal Exhibit #5
In an email on November 13th (Figure 1), we asked Valeska Rae if she could provide a reference to the specifications regarding
the signatures they were collecting from our Members while walking door-to-door
In response to our question (Figure 2), Valeska said that it was regarding RCW 58.17.215. The requirement for signatures and
this specification detailed in this law were provided as a direct quote from Tami Merriman, Associate Planner for the City of
Yelm.
Those signatures were never produced and a majority was not met.
Figure 1
Figure 2
City of Yelm - Appeal
Exhibits
PO Box 466
Yelm, WA 98597
mm-hoa@hotmail.com
Page 6 of 11 Case: 2020.0286.PR0009
Appeal Exhibit #6
This is an email from us to Valeska Rae detailing a need for coordination to deal with covenant issues (Figure 1).
In response to this email (Figure 2), Valeska Rae stated that Tami Merriman spoke on our behalf to provide false information.
Merriman is neither a representative of our Association nor is it appropriate for her to provide input on contractual
complexities that she clearly does not understand – and has not researched. At NO POINT did the Merriman, or the City, reach
out to us to clarify or investigate the extent of our assertions or covenant violations.
We have repeatedly shown that we were more than willing to communicate and work together to find a solution to this
scenario.
Figure 1
Figure 2
City of Yelm - Appeal
Exhibits
PO Box 466
Yelm, WA 98597
mm-hoa@hotmail.com
Page 7 of 11 Case: 2020.0286.PR0009
Appeal Exhibit #7
The explanation that an unplatted lot does not have membership – and that platting an unplatted lot by anyone other than the
Declarant would constitute a violation has been explained ad nauseam.
However, since the City obviously doesn’t feel our opinion matters; please ponder this:
As example for the various assertions of ours, we will reference a lien (Thurston County Aud. File #4723263) we placed on the
previous owner of the parcel this appeal pertains to. This lien details, once again, that the development period is over, there is
no longer a declarant, and that this parcel does not have voting membership but is, however – within our jurisdiction.
We detailed these statements and the fact that an unauthorized representative acted on our behalf to collect funds, authorize
expenditures, comingle funds, operated the Association while the corporation was dissolved, and then finally – drained our
account and surrendered our bank account with a very little balance. Both of which were illegal and contractually prohibited
during the period described.
This lien was heavily scrutinized by two legal teams, and the amount owed was the only negotiated item – none of the
assertions in that lien were contested. In typical fashion, our settlement agreement excluded liability or wrongdoing –
however, every day people generally don’t hand over tens of thousands of dollars for a claim with no merit. So, there is that.
Include/Attached: 191203 MMHOA Lien - NFH [City of Yelm Appeal].pdf
City of Yelm - Appeal
Exhibits
PO Box 466
Yelm, WA 98597
mm-hoa@hotmail.com
Page 8 of 11 Case: 2020.0286.PR0009
Appeal Exhibit #8
As you can see from our CCRs in Figure 1, the development period ends one or more of three ways.
The table below, Table 1, shows the date each lot within McKenzie Meadows was introduced as a Member – the date it was
sold from the Declarant to a homeowner. On July 20th 2016, the last and 24th lot was sold – triggering the end of the
development period and the role of Declarant.
Lot Parcel AFN Sale Date
22 64410002200 4371689 12/04/13
9 64410000900 4393896 05/28/14
5 64410000500 4395708 06/09/14
23 64410002300 4396692 06/17/14
24 64410002400 4398539 06/30/14
16 64410001600 4422311 12/15/14
17 64410001700 4425750 01/14/15
21 64410002100 4431842 02/20/15
20 64410002000 4444831 05/13/15
14 64410001400 4446885 05/27/15
3 64410000300 4450100 06/15/15
8 64410000800 4450095 06/15/15
2 64410000200 4451940 06/22/15
19 64410001900 4454734 07/13/15
18 64410001800 4458683 08/03/15
11 64410001100 4460907 08/11/15
1 64410000100 4468390 09/29/15
6 64410000600 4474832 11/11/15
10 64410001000 4478343 12/08/15
15 64410001500 4483857 01/15/16
4 64410000400 4494142 03/29/16
13 64410001300 4504339 05/10/16
7 64410000700 4506800 06/09/16
12 64410001200 4513415 07/20/16
Table 1
Figure 1
City of Yelm - Appeal
Exhibits
PO Box 466
Yelm, WA 98597
mm-hoa@hotmail.com
Page 9 of 11 Case: 2020.0286.PR0009
Appeal Exhibit #9
On June 15th, 2018, our Association voted by way of a majority to elect its first temporary Board and instruct the previous, now
illegitimate Declarant, to cease and desist all representation of our Association and to surrender all accounts or control in its
name. See Figure 1.
On June 25th, 2018, the last remaining form of control and account, our bank account, was transferred from the previous, now
illegitimate Declarant, Northwest Family Homes/Ronald Deering, to the Association. See Figure 2.
Figure 1
Figure 2
City of Yelm - Appeal
Exhibits
PO Box 466
Yelm, WA 98597
mm-hoa@hotmail.com
Page 10 of 11 Case: 2020.0286.PR0009
Appeal Exhibit #10
The applicant’s property was never platted as required to introduce this parcel by the Declarant as a Member formally. After
the development period; all alterations and development proposals are subject to management by the Architectural Control
Committee – which includes the evaluating of all development proposals – and any other factors which affect the desirability
or suitability of such proposal – and the committee shall decline to approve any proposal in which impacts adversely on nearby
properties and common areas. No application of any kind has been received.
In accordance with our CCRs and Resolution 210216-[01..06], no development, construction, or subdivision alterations may be
permitted unless properly submitted plans and specs have been received and approved – and any development, construction,
or subdivision alterations that have been approved are a violation of our terms – a clear violation of RCW 58.17.215.
Our Board acted well within its authority as granted through Washington State law and Article 11, Section 3 of our CCRs.
Specifically, Article 11, Section 3(v) – to “Exercise any other powers necessary and proper for the governance and operation of
the Association.”
We acted decisively to ensure we did not have additional properties added within our jurisdiction that we could not guarantee
may be added as members while subsequently inheriting liabilities that we could not collect on – furthermore; we could not
guarantee that the logistical requirements to facilitate residential development past the development period that would
require an amendment could be added with absolute certainty. We can’t guarantee we will approve their proposal or how our
Members will cast their vote.
First and foremost, these amendments need to happen – before alterations, before development.
City of Yelm - Appeal
Exhibits
PO Box 466
Yelm, WA 98597
mm-hoa@hotmail.com
Page 11 of 11 Case: 2020.0286.PR0009
Appeal Exhibit #11
Summary of included documents:
1. Appeal, 210622 MMHOA - City of Yelm - Appeal.pdf
2. Appeal Exhibits, 210622 MMHOA - City of Yelm - Appeal [Exhibits].pdf --- This Document
3. Board Resolutions, 210224 MMHOA RES-210216-[01..06] [City of Yelm Appeal].pdf
4. Stop-work Order, 210224 MMHOA SWO-210219-1 [City of Yelm Appeal].pdf
5. Mentioned Lien, 191203 MMHOA Lien - NFH [City of Yelm Appeal].pdf
6. McKenzie Meadows CCRs, please see Thurston County Auditor’s File # 4337165