Below is the background of the Civic Club. At the current time the Board of Trustees is engaged in the interpretation of the effect of a reconstructed deeded map. The map is based on thorough research and a full explanation of the process is addressed at the bottom of this page, starting with the date of 11/7/11.
*Note- This is larger file (4.2 MB) and may take extra time to completely download.
NOTE: The map pictured in the PDF file linked above is only a visual aid and not ultimately definitive, refer to the deeded areas list below.
Dear Lake Forest Park Civic Club Members,
The purpose of this letter is to bring an issue to your attention that the Board of Trustees has been addressing, and that we anticipate will be resolved over the next several months. The Board of Trustees is a group of volunteer Regular and Associate members of the Club. We meet on the third Tuesday of each month at 7:30pm in the clubhouse. While our meetings are open to all members, we understand that everyone interested in attending may not be able to attend.
Earlier this year, it was discovered that a map drawn some time ago as an aid in determining which lots fell in the deeded area was incorrect. Due to this error, a number of Regular memberships were granted to individuals who do not reside in the deeded area. Upon becoming aware of this issue, the Board formed a committee to research and verify the boundaries of the deeded area, and to create a new map. This task took several months and many volunteer hours. Most street names have changed and many new lots have been subdivided and created inside the original six plats in Lake Forest Park over the past 85 years. But the Board is confident the effort has produced a map that accurately reflects the six plats and additions that make up the deeded boundary. The map may be downloaded from the LFPCC website at www.lfpcc.org. Please keep in mind, however, that the map is just a graphical representation of the legal description of the deeded area. The burden of proving that a lot lies within the deeded area remains with the owner of the property.
For historical perspective, on September 15th, 1926, the North Seattle Improvement Company quit claimed:
Block six (6) Lake Forest Park Waterfront Addition” to the Civic Club of Lake Forest Park, as Trustee. Further, the deed states that the “Trustee shall hold the title to said property on behalf of and for the benefit of all present owners or their successors in interest, of the following mentioned plats and additions: Lake Forest Park; First Addition to Lake Forest Park; Lake Forest Park Second Addition; Lake Forest Park Third Addition; Lake Forest Park Waterfront Addition; Monte Vista; and any other plat or addition of the Grantor or its successors hereafter platted or laid out in Section Nine (9) Township Twenty-Six (26), North, Range Four (4) East W.M. and being land now owned by the Grantor.
The first 6 plats and additions are clear. The last clause regarding “any other plat or addition…” is not as clear. However, a legal opinion obtained by the Club in 1945 determined that no other plats were filed by the North Seattle Improvement Company, nor was there ever any successor to that company. Therefore, for 85 years, owners who resided within the first six named plats have been regarded as the only owners eligible for Regular membership.
The Club currently has two types of memberships, a Regular Member and an Associate Member. A Regular Member is someone who owns and resides in a single family property located in the original deeded land area. An Associate Member is someone who does not own a property within the original deeded land area. At this time, the club does not allow new Associate Members, nor is there a “waiting list” to join.
The current issue for the Board and the Club is how to address those individuals who were granted Regular memberships based upon ownership and residence on lots that were incorrectly identified by the Club as located in the deeded area. The right to join the Club may be perceived as adding value to a property, and the loss of that right as diminishing the value. Proving all the elements of negligent misrepresentation is difficult. But the Board must balance this against the expense of defending potential litigation by individuals who purchased property with the representation or understanding it was located in the deeded area, and eligible for Regular membership.
One proposal is to allow owners and residents of these misidentified properties to join the Club by expanding the deeded area boundary. But legal counsel to the Board has said this is likely impractical, if not impossible. Another proposal under consideration by the Board is to amend the Bylaws to create a new class of membership, which has elements of both Regular and Associate membership. This new class of membership would give individuals who own and reside on the misidentified properties, and who meet all other eligibility requirements, the right to permanent membership in the Club. Upon sale of the property, the right to permanent membership may or may not pass to the next owner, depending upon the options under consideration. At this point, the majority of Trustees on the Board are in favor of allowing transferability to future owners. Whether the new class of membership would pay Regular or Associate member dues is a question the Board is still considering. The new class of membership would not have the right to vote like Regular members.
Denying the owners and residents of these misidentified properties the right to permanent membership in one form or another rests on the theory that it “dilutes” the ownership interest of each deeded member in the Club. Buyers of property always need to perform due diligence and research the chain of title to confirm their rights. The Club was not a party to any home sales and made no contractual promises. Therefore, the Club is not obligated nor legally bound to grant a membership to non-deeded homeowners. In the interest of fairness to homeowners in the misidentified properties, however, the Board is working on a resolution of the problem by considering a new class of membership for these homeowners.
The new class of membership will be put into effect by means of amendments to the Bylaws. Amendment of the Bylaws is a two-part process. First, the Board must approve a proposed amendment by a two-thirds majority. Second, the Regular membership must approve the proposed amendment by a two-thirds majority at a general membership meeting. The February 2012 general membership meeting will be the next opportunity for the Regular membership to vote on any amendment to the Bylaws. Any proposed amendment must be available for review by the Regular membership at least two weeks prior to a vote. Therefore, the Board will be narrowing down a course of action at our November and December meetings, with the intent for the Board to vote on any proposed amendment at the January Board meeting.
We encourage anyone interested in this issue to attend the November 15th and/or the December 20th Board meetings at 7:30pm in the Clubhouse.
Sincerely,
The Board of Trustees, Lake Forest Park Civic Club