Purpose: To stop the collection of water fees from Surfside lot owners whose properties are not connected to the water system through water meters.

Surfside charges lot owners an annual fee of $372 for water services, according to the HOA president ($31 per month ) even if their lots are not connected to the water supply. This practice is not in line with the standard practices in nearby communities such as Ocean Shores, Long Beach, and Ocean Park, where only properties with water meters are billed for water services. This practice was also challenged in the 2004 legal case Carrillo v. City of Ocean Shores, where the court ruled against such fees for unconnected lots. Additionally, the fees collected from unmetered lots subsidize lower water rates for connected lots, raising questions of fairness and legality. article on issue: Is the Surfside WA HOA justified in charging lot owners for water? – Surfside Washington News. 

Proposed Motion:

1. Cease Water Fee Collection: Effective immediately, Surfside shall cease the collection of water fees from lot owners whose properties are not connected to the water system by water meters.

2. Fee Adjustment: Adjust the annual budget and water rates to reflect the cessation of fees from unmetered lots. This adjustment should be made to maintain the water system’s financial stability while ensuring fairness to all lot owners. Metered lots would have to pay higher fees to compensate for the loss of fees. This is fair and equitable.

3. Fairness and Legality: Charging lot owners for water services they do not use is unfair and may be illegal. Aligning with the standard practice and legal precedents ensures fairness and compliance with the law. We are also a nonprofit and the court ruled that charging of lot owners in Ocean Shores constituted revenue generation. We are a nonprofit so generating revenue without the service should be illegal. 

4. Transparency and Trust: Clear communication and fair billing practices for water services will help build trust between the HOA board and Surfside residents.

Approving this motion will align Surfside’s water billing practices with those of neighboring communities, and ensure compliance with legal standards, and promote fairness.