Legal for Phase II

The Attorney representing Phase II is:

  • Paul Larson of Larson & Perkins
  • 105 North Third Street
  • Yakima, WA 98907
  • Phone 509-457-1515
  • Fax 509-457-1027
  • Email paul@lplaw.com

Please Note: Our legal name includes the phrase " Phase II," not Phase 2.  This may appear to be a minor point, but it is a world of difference in a court of law and as both the State of Washington and the Federal Government sees things.

Our Washington State UBI number is 601-522-060

We are a non-profit corporation.

We are an Owners Association, much like a Homeowners Association and follow similar state and federal laws and requirements.

Our date of Incorporation (on record) is June 22, 1978

The last Articles of Incorporation registered with the Secretary of State in the State of Washington is dated (as amended) March 26, 1981. At the October 2006 Annual Members Meeting the members reaffirmed amending both the ByLaws and Articles of Incorporation.  Those changes will be reflected here when we receive confirmation the changes have been properly submitted and accepted.

The last Bylaws registered with the Yakima County Courthouse is dated by Notary Public June 20, 1978.  At the October 2006 Annual Members Meeting the members reaffirmed amending both the ByLaws and Articles of Incorporation.  Those changes will be reflected here when we receive confirmation the changes have been properly submitted and accepted.

Current registered Agent is:

  • Contact:  unknown
  • Address: unknown
  • City: unknown

Phase II is a non-profit corporation recognized in the State of Washington and by the Federal Government under the non-profit classification of 501(c)3. As such, the corporation has no real assets other than those that are owned by the members of the corporation - because they as members "own" the corporation.

Each of the five Board of Directors positions are voted on every three years. In other words, a Board member must run for a Board position on the Board every three years. A Board position is not the same as an officer.  Officers are President, Vice-President, Secretary and Treasurer.

According to our Articles of Incorporation, the members vote every year for either one or two Board positions. (for two years there are two positions voted on and one year where only one position is open - for a total of 5 positions)

After the election, those 5 Board of Directors meet immediately after the Annual meeting to vote upon themselves who will become the President, Vice-President, Secretary, Treasurer and Director-at-Large.

The Articles of Incorporation is the most important document of the corporation as it defines, limits, empowers, directs, and otherwise controls at a very high level the overall corporation. The function of the corporation, using the Articles of Incorporation, then is to perform certain tasks or be responsible for several defined functions.

The Bylaws is a secondary document of nearly equal importance. It takes off where the Articles of Incorporation stops. The Bylaws are often times the "definition" where the Articles of Incorporation is the "word" if one were to use an analogy. The Bylaws are usually used to fill-in where the Articles are less defined.

Usually there are other documents that follow behind the Articles of Incorporation and Bylaws. They are varied and referred to by different names. Often times there are several such document that are used for specific purposes. For example, Phase II has a "Rules and Regulations" document as defined in Chapter 5 of the Bylaws. Such a document is used to define particulars pertaining to how the Association expects to "govern." Consider the Rules and Regulations as the "laws" that need to be followed if the Association is expected to dutifully fulfill it's obligations.

Along with the "Rules and Regulations" are Policies and Procedures documents. Both of these documents contain a number of expectations and guidelines that must be followed to allow the Association to perform overall. For example, the Policies document contain mid-level goals and expectations while the Procedure document provides a method to accomplish more specific activities. The example might be that the Policy of the Association is to guard the funds, properties and equipment of the Corporation against theft, fraud and so forth. The Procedures Document would spell out the process to follow when writing out checks, balancing the check book and so forth.

Both the Articles of Incorporation and the Bylaws are divided into ARTICLES much as a book is divided into chapters. Each article focuses on a particular subject or topic and can usually be AMENDED by the MEMBERS. Usually there are certain requirements that need to be met to amend either the Articles of Incorporation or the Bylaws. Such requirements are intended to ensure that the integrity of the ASSOCIATION is such that it can continue through tough and easy times. Usually the Articles of Incorporation amendment requirements are set higher than those that need to be met to amend the Bylaws.

Typical amendment requirements may require that the members be notified in advance of the amendment meeting; contain the exact wording of the amendment; require a certain percentage of the members or voting parties to attend (providing the Association a QUARM;) and that a certain percentage of those votes cast must be in support of that amendment. All amendments are voted on individually.

If an amendment receives enough votes in support, the voting environment is recorded in the minutes and an official submission to the State of Washington Secretary of State is made if it changes the Articles of Incorporation. The amendment does not take effect until the Association receives a stamped paper copy that it was properly "FILED." If the Bylaws were amended, the submission is made with the Yakima County Clerk to have the new Bylaws recorded. Again, until the document is filed the amendments are neither active nor effective.

State of Washington law prohibits associations to charge association members for copies of either the Articles of Incorporation or the Bylaws. Copies of either for Phase II will be available in the future in a reasonable supply at every Annual meeting.

(The two hotlinks to the documents have been disconnected until after the new amended versions are recorded with the State and County.)

This is a digitally transcribed copy of the latest Articles of Incorporation recorded with the Secretary of State in the State of Washington, as prescribed by law. No other version is in effect. It is believed to be accurate and should be compared to the photocopy original for detailed analysis.

This is a digitally transcribed copy of the latest Bylaws recorded with the Secretary of State in the State of Washington, as prescribed by law at the time. Washington State law has changed since our Bylaws were filed with the Secretary of State. In the future, updated (amended) Bylaws are to be recorded with the Yakima County Registrar or Clerk. No other version is in effect. It is believed to be accurate and should be compared to the photocopy original for detailed analysis.

At a future date we will place here copies of the following governing documents:

  • Rules and Regulations Documents
  • Policies Documents
  • Procedures Documents

 

This Web Site

This web site is owned, created and maintained by Richard Kantak of Phase II. All site expenses including domain names, programs and support software plus other miscellaneous expenses have been paid for by Richard Kantak. No financial support has been provided by any Phase. Information contained on these pages, in general, has been obtained from various County, State of Washington and Federal Web pages, written materials, interviews or conversations. Please contact Richard if there are any errors. Thank you.