LEGAL ACTION TEMPLATES

For Chelan Vista Heights Homeowners

โš ๏ธ IMPORTANT DISCLAIMER: These forms are for educational purposes only. Consult with a Washington-licensed attorney before filing any legal action. Laws change, and your specific situation may require different approaches.

FORM 1: SMALL CLAIMS COURT COMPLAINT

For Individual Homeowners Seeking Damages Under $10,000

CHELAN COUNTY DISTRICT COURT SMALL CLAIMS DIVISION Case No. _________ [YOUR NAME], Plaintiff, v. CHELAN VISTA HEIGHTS OWNERS ASSOCIATION, Defendant. NOTICE OF SMALL CLAIM 1. PARTIES I am a homeowner at _________ [your address], Chelan Vista Heights, and a member of the defendant HOA. 2. CLAIM The HOA has: โ˜ Collected unauthorized dues (only $300 authorized, but charging $500) โ˜ Failed to provide legally required records within 10 business days โ˜ Enforced rules that were not properly adopted โ˜ Other: _________________________ 3. LEGAL BASIS - Violation of RCW 64.38.045 (records access) - Breach of governing documents - Collection of unauthorized assessments - Violation of RCW 64.38.025 (board duties) 4. DAMAGES โ˜ Excess dues paid: $200/year x ___ years = $_______ โ˜ Statutory damages for records violations: up to $5,000 โ˜ Court costs: $100 โ˜ Other damages: $_______ TOTAL CLAIMED: $_______ 5. ATTEMPTS TO RESOLVE - Requested records on: _______ - HOA failed to respond/provide by: _______ - Attempted resolution through: _______ I declare under penalty of perjury that the above is true and correct. Date: _______ Signature: _______________________

FORM 2: ATTORNEY GENERAL COMPLAINT

File with Washington State Attorney General

TO: Washington State Attorney General Consumer Protection Division 800 5th Avenue, Suite 2000 Seattle, WA 98104 RE: Consumer Protection Act Violation - Chelan Vista Heights HOA COMPLAINANT INFORMATION: Name: _______________________ Address: _______________________ Phone: _______________________ Email: _______________________ COMPLAINT AGAINST: Chelan Vista Heights Owners Association PO Box 804 Chelan, WA 98816 NATURE OF COMPLAINT: I am filing this complaint against my HOA for the following violations: 1. Unauthorized Fee Collection - HOA increased dues from $300 to $500 (67% increase) without required homeowner vote - No voting records exist for this increase - Collecting approximately $10,000/year in unauthorized fees from 50 homeowners 2. Records Access Violations - Requested records on _______ under RCW 64.38.045 - HOA failed to provide records within 10 business days - Missing critical documents including voting records, meeting minutes 3. Governance Violations - Years of missing board meeting minutes - No evidence of proper elections - Amendments to bylaws without member approval 4. Pattern of Non-Compliance - HOA was dissolved in 2003 for failing to file required reports - Continues to operate without proper documentation - Systematic failure to maintain legally required records RELIEF REQUESTED: - Investigation of unauthorized fee collection - Order to cease collecting unauthorized assessments - Require production of all voting records - Civil penalties for consumer protection violations ATTACHED DOCUMENTS: โ˜ Records request and HOA response โ˜ Timeline of violations โ˜ Analysis of missing documents โ˜ Evidence of unauthorized dues I declare under penalty of perjury that the above is true and correct. Date: _______ Signature: _______________________

FORM 3: DEMAND LETTER TO HOA

Send Before Filing Legal Action

[Your Name] [Your Address] [Date] Via Certified Mail and Email Chelan Vista Heights HOA Board of Directors PO Box 804 Chelan, WA 98816 RE: DEMAND FOR IMMEDIATE ACTION - Legal Violations Dear Board Members: This letter serves as formal demand for immediate action to address the following legal violations: 1. UNAUTHORIZED ASSESSMENTS You are collecting $500 annual assessments without required homeowner approval. The 2023 "amendment" increasing dues lacks any voting documentation. Only the original $300 assessment has been properly authorized. DEMAND: Immediately cease collecting amounts above $300 and refund all excess amounts collected. 2. MISSING RECORDS Your failure to maintain and provide legally required records violates RCW 64.38.045: - No voting records for bylaw amendments - Missing years of board meeting minutes - Incomplete financial records DEMAND: Provide all records within 10 business days or written explanation of their destruction/loss. 3. INVALID GOVERNANCE Operating under bylaws that were never properly adopted violates your fiduciary duty and Washington law. DEMAND: Revert to last validly adopted bylaws pending proper member vote. LEGAL ACTION WARNING If these demands are not met within 10 days, I will pursue: - Small claims court action for damages - Attorney General complaint - Criminal referral for records destruction - Personal liability claims against board members This situation is causing increasing liability for all parties. I remain willing to work cooperatively if immediate corrective action is taken. Sincerely, _______________________ [Your Signature] cc: All Chelan Vista Heights Homeowners

๐ŸŽฏ ALTERNATIVE DISSOLUTION STRATEGIES (NO ATTORNEY NEEDED)

Creative Legal Approaches to Force HOA Closure Without Superior Court

STRATEGY A: REPORT FRAUD TO SECRETARY OF STATE

NO VOTING RECORDS EXIST FOR ANY BYLAWS - EVER! They're operating completely illegitimately!

TO: Washington Secretary of State Corporations Division 801 Capitol Way S PO Box 40234 Olympia, WA 98504-0234 RE: FRAUD INVESTIGATION REQUEST - Operating Without Valid Bylaws Chelan Vista Heights Owners Association - UBI #601 688 269 Dear Secretary of State: I request immediate fraud investigation. This HOA has NEVER had validly adopted bylaws. SHOCKING FACTS: 1. NO VOTING RECORDS EXIST - FOR ANY BYLAWS - EVER 2. Not for 2003 "bylaws" after reinstatement 3. Not for 2023 "amendments" 4. The HOA admits they have ZERO voting records FRAUDULENT 2023 BYLAW SCHEME: 1. Board spent $10,671 of HOA funds on lawyers 2. Lawyers drafted bylaws to: - Strengthen board power - Weaken homeowner rights - Eliminate member oversight 3. Board "unanimously passed" these bylaws 4. NO MEMBER VOTE OCCURRED 5. NO BALLOTS DISTRIBUTED 6. NO QUORUM ESTABLISHED 7. This was deliberate fraud THE HOA IS OPERATING: - Without ANY validly adopted bylaws - Without member authorization - Without legal authority - In complete violation of RCW 24.03A THEY CANNOT PRODUCE: โ˜ A single voting ballot (from ANY year) โ˜ A single vote tally sheet โ˜ A single quorum certification โ˜ A single member notice for voting โ˜ ANY evidence of member approval REQUEST FOR EMERGENCY ACTION: โ˜ Immediate fraud investigation โ˜ Suspend ALL corporate authority โ˜ Freeze their bank accounts โ˜ Criminal referral to Attorney General โ˜ Order immediate cessation of operations This is not negligence - this is FRAUD. They spent $10,671 to create fake bylaws, then pretended members approved them. Supporting Evidence: - Records request: ZERO voting records provided - Financial records: $10,671 paid to lawyers - Board minutes: Show only board vote, no member vote - 22 YEARS of operating without valid bylaws Sincerely, _____________________ [Your Name] [Date]

STRATEGY B: COORDINATED SMALL CLAIMS BANKRUPTCY

If 20+ homeowners each file and win small claims cases, the HOA becomes insolvent:

COORDINATED SMALL CLAIMS STRATEGY STEP 1: Organize 20+ homeowners STEP 2: Each files separate small claims for: - Unauthorized dues: $200/year x 5 years = $1,000 - Statutory damages for records violations = $500-5,000 - Emotional distress = $1,000 - Total per claim = $2,500-7,000 STEP 3: File cases 1 week apart (overwhelm their defense) STEP 4: Win default judgments if they don't appear STEP 5: With 20 judgments x $5,000 = $100,000 liability RESULT: HOA forced into insolvency/bankruptcy - Cannot operate without funds - Insurance cancelled - Board members personally liable - Forced dissolution COORDINATION TEMPLATE: "I am filing small claims case #___ as part of homeowner group action. 19 other homeowners are filing similar claims for the same violations. The HOA lacks funds to satisfy all judgments, making dissolution inevitable."

STRATEGY C: CRIMINAL COMPLAINT FOR THEFT

Force dissolution through criminal prosecution:

TO: Chelan County Sheriff's Office Economic Crimes Unit TO: Chelan County Prosecutor RE: Criminal Complaint - Theft by Deception I am filing a criminal complaint against Chelan Vista Heights HOA board members for THEFT under RCW 9A.56. THEFT BY DECEPTION (RCW 9A.56.020): 1. Board knowingly collected $500 when only $300 was authorized 2. NO VALID BYLAWS EXIST - ZERO voting records for ANY bylaws 3. Board spent $10,671 on lawyers to create fake bylaws 4. Board then "unanimously passed" bylaws WITHOUT member vote 5. This is deliberate fraud and theft CRIMINAL SCHEME: - Used HOA funds ($10,671) to pay lawyers - Lawyers drafted bylaws to benefit board - Board voted themselves more power - Never asked members for approval - Then collected unauthorized assessments AMOUNT STOLEN: - $200/year x 50 homes x 2 years = $20,000 (Class B Felony) - Plus $10,671 misappropriated for fake bylaws - Total theft: $30,671+ EVIDENCE: - HOA admits it has NO voting records - Bank records show collection of unauthorized amounts - Meeting minutes show no valid authorization SPECIFIC DEFENDANTS: โ˜ Tristan Ansell (Secretary) โ˜ Emily Rapp (Board Member) โ˜ Other board members who voted for increase Criminal conviction would: - Disqualify board members from serving - Cancel HOA insurance - Create personal criminal liability - Force HOA dissolution I am prepared to testify and provide evidence. Sincerely, _____________________ [Your Name] [Date]

STRATEGY D: MASS DECLARATORY JUDGMENT IN SMALL CLAIMS

Use small claims to get ruling that HOA has no authority:

SMALL CLAIMS DECLARATORY ACTION Case No. _______ [Your Name] vs. Chelan Vista Heights HOA REQUEST FOR DECLARATORY JUDGMENT I seek the court's declaration that: 1. HOA HAS NO LEGAL AUTHORITY - NO VOTING RECORDS EXIST FOR ANY BYLAWS - EVER - 2003 "bylaws" - no member vote (ZERO records) - 2023 "amendments" - board-only vote after paying lawyers $10,671 - Operating completely without member authorization 2. ALL ASSESSMENTS ARE VOID - No valid bylaws have EVER been adopted by members - Board spent $10,671 to create self-serving bylaws - Board "unanimously" gave themselves power without members - $500 assessment is theft - only $300 was ever authorized 3. HOA CANNOT ENFORCE CC&Rs - No legal standing as dissolved entity - No valid board (elected by dissolved entity) - No authority to take any action DAMAGES: - Return of all dues paid since 2003: $_______ - Statutory damages: $5,000 - Court costs: $100 IMPACT IF GRANTED: If court rules HOA has no authority: - All homeowners can stop paying - HOA cannot function - Forced to properly reorganize or cease This is within small claims jurisdiction as damages are under $10,000. Date: _______ Signature: _______

STRATEGY E: INSURANCE CANCELLATION ATTACK

Force dissolution by reporting fraud to their insurer - StarNet/Berkley:

TO: Berkley Program Specialists StarNet Insurance Company Email: claims59@berkley-ps.com Phone: (888) 417-9882 CC: Washington Office of Insurance Commissioner Phone: 800-562-6900 Online: www.insurance.wa.gov/complaints RE: URGENT - Notice of Insured's Fraudulent Acts & Coverage Issues Policy #: QDO0009701-00 Insured: Chelan Vista Heights HOA Prior Acts Date: 8/9/2021 Dear Claims Department: As a member of the insured HOA, I must notify you of fraudulent acts and material misrepresentations that void coverage under Policy Section IV.A (Fraudulent Acts Exclusion): 1. FRAUDULENT BYLAW SCHEME ($10,671 FRAUD) - Board spent $10,671 on attorneys to draft self-serving bylaws - Board "unanimously passed" bylaws on 4/26/2023 - ZERO member votes occurred (HOA admits NO voting records exist) - Board members: Jay Shaver, Emily Rapp, Levi Cox - This is deliberate fraud triggering policy exclusions 2. APPLICATION MISREPRESENTATIONS (Section IX.B) Your application likely required representations about: - Proper governance procedures - Maintaining required records - Member voting for major decisions ACTUAL FACTS: - 97% of board meeting minutes MISSING - ZERO voting records exist for ANY decision - NO valid bylaws ever adopted by members - APPLICATION FRAUD = POLICY VOIDABLE 3. FAILURE TO REPORT WRONGFUL ACTS (Section VII.A) HOA failed to notify you within 90 days of: - Missing financial records (ongoing since 2018) - Unauthorized governance changes (April 2023) - Member complaints and legal threats (July 2025) - NO NOTICE TO INSURER = COVERAGE DENIED 4. PRIOR ACTS VIOLATIONS (Pre-8/9/2021) - Missing entire year of 2020 records - Financial irregularities 2018-2021 - Governance failures predating policy - CLAIMS EXCLUDED FOR PRE-2021 ACTS 5. BREACH OF FIDUCIARY DUTY (D&O Coverage Void) - Self-dealing: Used HOA funds for board benefit - Withholding documents from members - 85% non-compliance with records request - D&O COVERAGE EXCLUDES INTENTIONAL VIOLATIONS 6. CYBER BREACH COVERAGE VIOLATIONS ($250,000 at Risk) - Failure to maintain proper member records - No documentation of data protection measures - Missing member information safeguards - Violates cyber security policy requirements SPECIFIC POLICY BREACHES: โ˜ Section IV.A - Fraudulent Acts Exclusion (2023 fake bylaws) โ˜ Section IX.B - Application Misrepresentations (governance lies) โ˜ Section VII.A - 90-Day Notice Requirement (failed to report) โ˜ Item 8 - Prior Acts 8/9/2021 (violations predate coverage) โ˜ Cyber Coverage Requirements - Data protection failures IMMEDIATE ACTION REQUESTED: โ˜ Issue reservation of rights letter โ˜ Investigate application fraud โ˜ Demand documentation within 10 days โ˜ Consider policy rescission ab initio โ˜ Report to Washington Insurance Commissioner CURRENT EXPOSURE: - Multiple homeowner lawsuits pending - Criminal complaints being filed - Attorney General investigation likely - Estimated damages: $89,400+ - Your $2,000,000 D&O limit at risk COMPLETE EVIDENCE PACKAGE AVAILABLE ONLINE: ALL DOCUMENTATION IS PUBLICLY AVAILABLE AT: https://chelanvistaheights.com IMMEDIATE ACCESS TO: โ˜ 56 HOA-PROVIDED DOCUMENTS: chelanvistaheights.com/#hoa-documents - View every document the HOA provided (PDFs) - Financial records showing $10,671 lawyer payment - Board minutes showing unanimous board-only vote - ZERO voting records (they admit none exist) โ˜ COMPLIANCE ANALYSIS: chelanvistaheights.com/hoa_compliance_report.html - Detailed analysis of 85% non-compliance - Document-by-document breakdown - Legal violations identified โ˜ MISSING RECORDS TIMELINE: chelanvistaheights.com/chronological_gaps_analysis.html - Shows 97% of board minutes missing - Proves systematic record destruction - Timeline of governance failures โ˜ LEGAL ACTION SUMMARY: chelanvistaheights.com/LEGAL_ACTION_SUMMARY.html - All causes of action detailed - Evidence summary organized - Damages calculations โ˜ YOUR FULL INSURANCE POLICY: chelanvistaheights.com/documents/Policy_Chelan_Vista_Heights_HOA_QDO0009701-00.pdf - We have your complete policy document - All exclusions highlighted - Coverage issues identified Time-Sensitive: Multiple homeowners preparing to file using templates at: chelanvistaheights.com/legal-templates.html NO NEED TO WAIT - Review evidence immediately at chelanvistaheights.com Sincerely, _____________________ [Your Name] [Your Address] [Phone] [Email] cc: Washington Office of Insurance Commissioner 800-562-6900 | www.insurance.wa.gov/complaints Michael Wallace (Lead Complainant)

STRATEGY F: SUE FOR MISAPPROPRIATION OF $10,671

Small claims action for the lawyer fees used to create fake bylaws:

SMALL CLAIMS COURT Case No. _______ [Your Name] vs. Chelan Vista Heights HOA Board Members (Tristan Ansell, Emily Rapp, and others) CLAIM: MISAPPROPRIATION OF HOA FUNDS - $10,671 FACTS: 1. Board spent $10,671 of HOA funds on lawyers in 2023 2. Lawyers drafted bylaws to: - Increase board power - Reduce member rights - Eliminate oversight 3. Board "unanimously passed" these bylaws 4. NO MEMBER VOTE OCCURRED 5. NO MEMBER AUTHORIZATION TO SPEND $10,671 THIS WAS SELF-DEALING: - Board used HOA money for personal benefit - Bylaws benefit board, not members - Never asked members for approval - Classic breach of fiduciary duty EVIDENCE: โ˜ Financial records show $10,671 payment โ˜ Board minutes show unanimous board vote ONLY โ˜ ZERO voting records from members โ˜ Bylaws clearly favor board over members DAMAGES: - $10,671 misappropriated funds - My share: $10,671 รท 50 homes = $213.42 - Punitive damages for breach of duty - Interest from date of misappropriation BOARD MEMBERS ARE PERSONALLY LIABLE: - They voted to spend without authority - They benefited from the expenditure - This was intentional self-dealing - D&O insurance won't cover fraud RELIEF REQUESTED: 1. Return of misappropriated funds 2. Personal judgment against board members 3. Removal from board positions 4. Punitive damages If 50 homeowners each file this claim, board members face $10,671 in personal liability. Date: _______ Signature: _______

STRATEGY G: CHALLENGE THE 2003 REINSTATEMENT

Question whether the reinstatement was properly done with member approval:

SMALL CLAIMS ACTION - CHALLENGING 2003 REINSTATEMENT Case No. _______ [Your Name] vs. Chelan Vista Heights HOA CLAIM: HOA LACKS VALID AUTHORITY DUE TO IMPROPER REINSTATEMENT FACTS: 1. HOA dissolved 09/02/2003 for failure to file reports 2. HOA reinstated 09/29/2003 (just 27 days later) 3. NO EVIDENCE of member vote to reinstate 4. NO EVIDENCE of member notification 5. NO EVIDENCE of proper procedures followed WASHINGTON LAW REQUIRES: - Member approval for reinstatement - Proper notice to all members - Valid vote with quorum - Documentation of proceedings HOA CANNOT PRODUCE: โ˜ Reinstatement vote records โ˜ Member ballots from 2003 โ˜ Meeting minutes approving reinstatement โ˜ Notices sent to members โ˜ ANY documentation of proper procedures LEGAL CONSEQUENCE: If reinstatement was improper, then: - HOA has been operating illegally since 2003 - All assessments collected are void - All board actions are ultra vires - HOA must properly reorganize or cease DAMAGES: - Return all dues paid since 2003: $_______ - Statutory damages: $5,000 - Interest on illegally collected funds - Court costs RELIEF REQUESTED: 1. Declaration that 2003 reinstatement was invalid 2. Order HOA to cease all operations 3. Return of all assessments paid 4. Damages for illegal operation This challenges the very foundation of HOA's authority since 2003. Date: _______ Signature: _______

FORM 4: JUDICIAL DISSOLUTION PETITION

Requires Attorney - This is Educational Only

SUPERIOR COURT OF WASHINGTON FOR CHELAN COUNTY IN THE MATTER OF: CHELAN VISTA HEIGHTS OWNERS ASSOCIATION, A Washington Nonprofit Corporation PETITION FOR JUDICIAL DISSOLUTION COMES NOW [Your Name], a member of the above-named corporation, and petitions for dissolution under RCW 24.03.250: GROUNDS FOR DISSOLUTION: 1. Corporate Assets Misapplied/Wasted - Spending without authorization - Collection of unauthorized assessments - No financial accountability 2. Acts Beyond Corporate Authority - Amending bylaws without member vote - Enforcing invalid rules - Operating without proper governance 3. Failure to Maintain Records - Systematic destruction/loss of records - Violation of statutory requirements - No proof of legitimate authority 4. Prior Dissolution History - Corporation dissolved in 2003 - Never properly reconstituted - Operating without valid authority RELIEF REQUESTED: - Dissolution of corporation - Appointment of receiver - Distribution of assets - Other equitable relief [This form requires attorney preparation for actual filing]

FORM 5: CLASS ACTION NOTICE

For Organizing Multiple Homeowners

ATTENTION ALL CHELAN VISTA HEIGHTS HOMEOWNERS RE: Potential Class Action for Unauthorized Dues You may be entitled to refunds if you have paid HOA assessments above $300/year. THE ISSUE: - HOA increased dues from $300 to $500 without required vote - No voting records exist for this increase - Each homeowner may be owed $200/year in refunds YOUR RIGHTS: - Refund of unauthorized assessments - Statutory damages - Attorney fees may be recoverable TO JOIN THIS ACTION: Contact: [Organizing Homeowner] Email: _______ Phone: _______ Time is Limited - Statute of Limitations Apply

EVIDENCE TO GATHER

  • All dues payments (checks/receipts)
  • All HOA correspondence
  • Records requests and responses
  • Timeline of events
  • Other homeowners' experiences
  • Bank statements showing HOA payments
  • Emails from board members
  • Meeting notices and minutes
  • Any voting materials received
  • Photos of posted notices

USING THESE FORMS

  1. Start with the Demand Letter
    • Creates paper trail
    • Shows good faith attempt
    • May resolve without court
  2. File AG Complaint
    • Free to file
    • Gets state investigation
    • Creates pressure
  3. Small Claims Court
    • Low cost ($50-100)
    • No attorney needed
    • Quick resolution
  4. Organize Other Homeowners
    • Strength in numbers
    • Share costs
    • Greater impact
  5. Consult Attorney for:
    • Superior court action
    • Dissolution petition
    • Complex claims

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