F.A.Q. (Frequently Asked Questions)
*this page is updated as necessary - (More Questions and Answers will be posted as they come up)
Q. I've heard that there is a big community-wide garage/yard sale in Silver Creek... When is it?
A. This is a huge community event and it takes place each year during the first 'full' weekend of June. i.e. if June 1st was on a Saturday or Sunday it would happen the following weekend (including Friday). (For 2016 it was held June 3, 4, and 5) - watch this website for announcements about times and other information for this event. It will also be posted to the community calendar each year.
Q. Who manages the Community Center?
A. There has been some confusion about the operation of the Silver Creek Community Center. To set the record straight; since December 2011 all operations of this building have been turned over to the management company. They handle all reservations, inspections, and work orders at the direction of the board.
Q. What if my neighbor's Dog is barking excessively or running loose?
A. Please try communicating with your neighbor. If you get no results, Please call Pierce County Animal Control at 253-798-7387. They have the power to do whatever needs to be done with animals (and their owners).
Q. What if a neighbor is having a loud party?A. Noise complaints are actually a neighbor vs. neighbor issue and therefore a civil matter. The HOA has no real way or any authority to resolve them. The best way to handle these situations is when you hear noises that you consider to be too loud (‘disturbing the peace’), you’ll want to call the PC Sherriff Non-emergency number at 253-798-4721 (anytime day or night). The Sherriff has informed us that they will investigate and come ask the offenders to ‘turn it down’ if at least three different neighbors call them… as long as they are not all assigned to higher level emergencies at the time. They ask that homeowners please be patient but they will do what they can to help - as Deputy availability allows.
Q. When I rent the community center clubhouse, does that include any of the playground or other outside areas?
A. Rental of the clubhouse includes only the inside of the building and the railed in concrete patios at either end of the building.
Q. What about the baseball diamond, soccer fields and other outside areasnear the community center, can any of these areas be rented or reserved?
A. At this time no organized sports activity is allowed on the sports fields. These are available on a first come first served basis to all residents of Silver Creek and their guests. You cannot 'reserve' the fields or courts.
Q. So, just who cleans up the trash around here anyway?
A. Trash pick up in or society in general is all of our responsibility. As our moms and dads taught us growing up... if you see something laying on the ground pick it up; if you walk by it and everyone else walks by it, it willl never get picked up (we all have to do our part). And what you haul in you haul out... if you have a can or bottle or candy wrapper; don't just toss it on the ground throw it in a trash can... The 1970's ad campaign was "pitch in". Just so you know; when the landscaper is in the community mowing, blowing etc., they pick up whatever trash they see; however they are only here once a week. We also occasionally hire a maintenance specialist from the management company to perform a "trash patrol" but again, if everyone does their part, we can all help keep Silver Creek Green!
Q. Where is the property line between my neighbor's house and mine?
A. All property disputes between neighbors are individual/private matters which must be worked out between those neighbors. Property lines are a matter of record and you may need to have a survey performed to obtain exact information. Unfortunately the HOA cannot help you with or give you any ionformation regarding these matters.
Q&A: (Real Estate and Insurance)
Q - If a tree, or leaves or branches, falls on my property who is responsible?
A - It depends - this is an uncontrollable act of nature and the reason homeowners need to have proper insurance.
According to the professionals; cleanup is generally the responsibility of the homeowner whose property that the tree or branches (or anything blown in by nature really) falls onto. There is sometimes some responsibility on the property owner from where the tree came but that can be limited as these are sudden and accidental uncontrollable acts of nature.
If you should notice a tree that appears to be dead, dying, or leaning and you have concerns, you should inform the property owner where the tree lives in writing right away so that they can have the tree checked by a certified arborist.
If you live near a greenbelt, please send your concern and a photo by email to email@example.com. If the greenbelt is owned by the HOA, we will send our arborist out to make an assessment. The HOA will follow the arborist's recommendation.
In the event that your property is suddenly, accidentally and unexpectedly damaged, you should contact your insurance agent who can guide you through cleanup and repair processes. Please feel free to contact firstname.lastname@example.org as well and we will be happy to inform you whether or not we believe the HOA to have any responsibility.
---------------------------------------------------------------------------------------------------Special Q & A Regarding Board Elections
*in 2012 the association implemented an all mail ballot voting system similar to the Pierce County auditor's format for all elections. The system is explained in full detail in the association's by-laws. The following is adapted from questions that were asked back in 2012... the questions and their answers are still relevant today (with the exception of the dates which are now considered examples).
Q. The ballots say they won't be counted after 11/16. So, does that mean there will be no voting of candidates allowed at the meeting?A. The postmark deadline is 11/16/12 any ballot received at the auditor’s office postmarked after that date will not be counted. No election or budget voting at the December 5th meeting. (We really thought that the three letters and all the website postings we did were clear in explaining this process in lay terms… but there is a ton of information and maybe people get confused because it’s all new). After the last election and all of its issues, the board felt that mimicking county elections closely was THE best way to allow each homeowner to express their own voice directly…
Q. Does that mean all the votes will merely be ratified/confirmed at the meeting, or all prior to the meeting? And, by whom? If the proxy box is NOT checked, will the ballot still count? For both Board of Directors and the budget?
A. Yes it would count (with the exception as always (per the by-laws) if the voter is delinquent (not in good standing), theirs will not count - same as it has been. Results of voting will be announced at the meeting on behalf of the CPA firm who is counting the ballots (it is the same firm that has performed Silver Creek’s annual independent audits - this firm is contracted by Silver Creek not the manager). The ‘Proxy box’ has nothing to do with the election or the budget ratification process. There is no need to ratify the election or the budget at the meeting… this is why the board hired a CPA to do the receipt and counting/confirming of ballots. The process is spelled out in detail in the by-laws.
Q. If the proxy box is NOT checked, and there isn't a quorum, what happens with all the mailed in ballots? Are they at all affected? Or, is a quorum just needed for other items.A. There are two issues… [All per the by-laws:] 1) independent of the meeting, the election needs the same number of valid votes that it takes to have a quorum at a meeting… so 10% eligible voters’ ballots need to be received by the deadline in order to have a legal election (these also count for the budget ratification process). 2) regarding the quorum for the meeting by attendance (or checked proxy box)… again 10% of the people who are eligible to vote at the meeting need to be in attendance (in person or by proxy) at the meeting in order to make it a legal/official meeting… if that number is not achieved the meeting will be informational only. (NO voting on the election or the budget- announcement of results of the two ballot items- will take place at the meeting whether or not a quorum is present there). That proxy box is there only in case any votable item (besides the election or the budget) is properly brought before the meeting… some things are strictly board decisions and as such are voted on by the board not the membership. At this time the board has no plans to have any votes that evening but they felt there should be a proxy on there just in case something properly comes before the meeting and especially for purpose of obtaining a quorum. Once again it is completely optional…
Example: say 10% or more countable ballots are received by the auditor - the election is legal whether or not a quorum attends the meeting and the election results will be announced both at this meeting (informational or legal/official)… we will post that announcement on this website.
Q. I was under the impression that the proxy box was a separate issue from voting for the Board of Directors, but, the budget vote is on the same page, and you did say that the budget issue would need a quorum (which may need the proxies).A. You are correct the proxy box is a separate issue from the election and the budget ratification. As stated above, both issues need a quorum --in order to be legal/official -- as in the number of ballots received… regardless if a quorum attends the meeting or not. The ‘proxy box’ on the ballot is 100% separate from the election and the budget ratification which is now done by written mail in ballot (just like Pierce County).
Q. I have spoiled my ballot. How can I get a new one?
A. Simply contact email@example.com as early as you can. Mangement will exchange a new ballot for the spoiled ballot.
Q. I have lost my ballot. Can I get a new one?
A. Misplacement of ballots would be most unfortunate. Please note that many safeguards have been put in place in order to make certain that only homeowners of record are able to vote and so that no duplicate ballots would tarnish the election results. While most people are honest and upstanding; the chance for any manipulation of the system had to be removed so the board had this statement written (it was also printed on the ballot) "Handle this ballot with care as lost ballots cannot be replaced. If you spoil your ballot, please contact firstname.lastname@example.org at least two business days BEFORE the postmark deadline. You will be able to trade in a spoiled ballot for a new one if done in proper timeframe)."