The 36 Voting Owners (2026)

who votes and how often: The back story

February 2026. By Bruce McNeil, President of the Rufenach Home Owner's Association.

Abstract

• Per 1988 CCRs (q.v.), the Rolling Meadows Homeowners Association (the HOA) is the authority for the maintenance and upkeep of the private road as covenanted by 1977 CCRs (q.v.).

• Today the private road is named Rufenach Lane and Rufenach Circle.

• Owners of lots adjoining the private road participate in the authority as members of the HOA, as such they are eligible for election to board and director's positions.

• HOA voting is enfranchised as a single vote per lot ownership entity, as self determined by the fee structure of the lot ownership, i.e. singly, by multiple owners, by LLC, etc. 

• Ownership entities in the HOA are assessed at a uniform rate of annual assessment and of special assessment, where applicable. 

• In 2026, 36 ownership entities are members of the HOA.

• The HOA must levy an annual assessment to the ownership entities, to defray the costs of roadway maintenance, with the assessed amount determined by the directors. In practice, the amount of the annual assessment has been discussed, amended and approved by a majority of ownership entity members at the annual HOA meeting.

• The HOA may levy in any year a special assessment to defray the  costs of roadway repair or replacement, e.g. application of pavement, provided that the HOA shall have prior assent by two-thirds (2/3) of the HOA enfranchised votes as cast by the ownership entity members in person or by proxy at a meeting duly called for the purpose of obtaining a firm vote of assent or refusal for the proposed special assessment.

• In 2026, the assenting majority for a special assessment is 24 of 36 votes.

• Three ownership entities own multiple lots in the HOA, but such entities are enfranchised a single vote as a consequence of the HOA director's long-standing discretion to assess such ownership entities at the uniform rate.

INTRODUCTION

Statement: as of this writing, the Rolling Meadows HOA has 36 voting ownership entities owning lots adjoining Rufenach Lane. 

"What? How can this statement  be true?" a lot owner well may ask. Many will assert, "My lot is one of the occasional lots sold before 1988, that is before the Rufenach HOA was established. Nothing in my lot title makes me part of any subdivision or HOA!". Other owners may well claim, "My lot is part of a subdivision River Retreat or River Retreat Condo NE4 x NE4, not Rolling Meadows!"

Well, read on for the ground truth supporting this statement. 

1977 CCRs

In late 1977, a parcel of 80.3 acres was sold by Alfred and Alice Rufenach to Ralph and Marline Dulin. For that sale, the 'Declaration of  Covenants, Conditions & Restrictions' [1], hereafter termed 1977 CCRs, establishes our common covenant to maintain the private road today known as Rufenach Lane. 

Section 10, Road Maintenance of 1977 CCRs covenants:

"Owners of any parcel of land wherein the discription [sic] here contemplated who utilize roads constructed on that easement shall participate equally in its maintenance. ... In the event same is determined necessary, the owners herein covenant and agree to form an association for the upkeep and maintenance of all roads and/or access routes developed on said property. The terms and conditions of said association shall provide that all owners utilizing said roads shall be equally responsible for that maintenance and those improvements as agreed upon by the majority of land owners utilizing same. ... " [2]

Occasional sales of lots: 1977 to 1988

There followed a decade of 'occasional sales', dividing and selling parcels of the original 80 acres. Dulin purchased more parcels from Rufenach in 1984 [3]. These and other parcels sold in this period manifest in the Flathead County cadastral records as belonging to no subdivision, but we might group them informally as '1977 parcels', because each parcel has a title subject to the 1977 CCRs.

Former Rolling Meadows Home Owner's Association President Jane Eickman, and I paraphrase her here, recounts that her parcel was the last sold occasionally; afterwards the county put forward new demands before further sales of lots adjoining Rufenach Lane could proceed. The county demands included a widening of the road to the full 60' easement, installation of post boxes at the head of the road, and formation of a homeowners association with responsibility for upholding the road maintenance covenant in 1977 CCRs.

1988 CCRs: The rolling meadows homeowners association Forms

In order to satisfy the county demand for a homeowners association, the Rolling Meadows subdivision CCRs [4], hereafter termed 1988 CCRs, formalized the Rolling Meadows Home Owners Association (HOA) as the single authority for road maintenance; providing as well a definition of membership that allows for participation of  '1977 parcels' owners and other, future subdivision parcel owners in said authority, such membership not being subject to protective covenants specific to the Rolling Meadows lot owners [5]. 

This can be confusing at first glance. A '1977 parcels' owner, or a River Retreat Condos subdivision lot owner is not subject to the Rolling Meadows subdivision CCRs except in respect to their membership responsibility in the Rolling Meadows HOA.  Strictly speaking, the Rolling Meadows HOA reason-to-be is maintenance and upkeep of the private road as covenanted in 1977 CCRs.

The 1988 CCRs were endorsed and notarized by all ownership entities of record at that time, including those owners with '1977 Parcels' purchased during the era of occasional sales of lots. This manifests the clear intent of all ownership entities at the time to acknowledge their membership in the Rolling Meadows HOA. Signatories of the 1988 CCRs are Fuhrmann, Eickman, Cutting, Saldamando, Ridenour, Taylor, Martin, Wraught, Layton and Laxton. The signatories explicitly agreed to join and form the Rolling Meadows Homeowner's Association as established by the 1988 CCRs and in addition to the 1977 CCRs.

In 2008 by 75% assent of the HOA membership, the 1988 CCRs were amended to allow for a simple majority to elect board members and to add a definition of dwelling [6]. This amendment prevails and should be understood hereafter as implied when referring to the 1988 CCRs. The assent of the HOA members was obtained at a ballot meeting held November 2, 2008. Some members voted for their ownership entity in person; proxy ballots were mailed all members at least a month in advance of that meeting and many members voted by proxy ballot at that meeting. At that ballot meeting, members casting a single ballot for their ownership entity in person were Erler, Hamik,  Sullivan, Saldamando (a multiple lot owner who voted once), Armstrong (a multiple lot owner who voted twice), Burrington, Laxton, Silcox, Martin, Overbeek, Wraught, Laviska, Layton, Anderson, Lawson (a multiple lot owner who voted twice), Broughton and McNeil. Those voting by proxy were Terry, Trutzel, McAdams, Eickman, Darrow, Reed, and Ramond C [illegible]. Total votes cast in favor of the amendment: 19 in person and 7 by proxy for a total of 26.

To the best of my knowledge after consulting with 2008 amendment signatory Jane Eickman about the prevailing policy for multiple lot owners voting once per lot, it appears that a vote was granted for each lot adjoining Rufenach Lane. Since Saldamando's second lot does not adjoin the road, he voted once only for the lot adjoining the road. 

1988 to 2026

Over this period of time, River Retreat and River Retreat Condos formed, with their own HOA rules. Remember, their owners are also members of the Rolling Meadows HOA.

What’s in 1988 CCRs?

The 1988 CCRs detail authority, membership, voting, annual and special assessments, etc.

Authority

Article V Roadway System and Assessment defines the Rolling Meadows Home Owners Association as the sole authority for "determining required maintenance and repairs of all the roadways described and depicted on the plat of Rolling Meadows for the use and benefit of the lot owners of Rolling Meadows and for the use and benefit of the owners of the lots adjoining Rufenach Lane." (emphasis supplied). 

Membership

Article III Membership stipulates "Every person or entity who is a record owner of a fee, or undivided fee interest in any lot which is subject by covenants of record to assessment by the Association, whether in Rolling Meadows or in additional properties bordering Rufenach Lane, shall be a member of the Association". 

Who Votes?

Article IV Voting: "members shall be entitled to one (1) vote for each lot in which they hold the interest required for membership. When more than one person hold such interest in any lot the vote for such lot shall be exercised as such persons among themselves determine but in no event shall more than one (1) class A vote [all present day owners are in this class] be cast with respect to any lot" except in the case of multi-dwelling lots, where one vote per dwelling shall be cast. 

Do multiple-lot owners get multiple votes?

A key question here pertains to owners of multiple lots. Article V, Section 3: Uniform Rate of Annual Assessment specifies that annual assessments must be fixed at a uniform rate for all lots. In the case where "one owner is utilizing more than one lot as a single homesite and has commenced or completed construction of a dwelling thereon, the directors may in their discretion elect to treat such owner the same as a single lot owner for assessment purposes." To the present day, the HOA directors have elected to assess multiple lot owners at the uniform rate for single lot owners, without regard to the commencement of construction of a dwelling on their lots.

By Article IV, strictly speaking, multiple lot owners may are entitled to multiple votes. But given the uniform distribution of costs among owners, as defined in Article V, Section 3, and given the current discretion of the directors to treat owners of multiple lots with the same cost allocation as single lot owners, it follows that the 1988 CCRs simply overlooked this special case introduced at the discretion of the directors. I assert that under this discretion, one vote shall be cast per ownership entity, or in fairness multiple lot owners may elect to pay 2026 annual assessments once per lot and so on in perpetuity in order to obtain a condition enabling their vote per lot enfranchisement.

Special Assessments

Article V, Section 4: Special Assessments defines an assessment in addition to the annual assessment for road maintenance. "Such special assessment shall be exercised and levied only for the purpose of defraying in whole or in part the cost of any installation, construction, or reconstruction repair or replacement of a portion or all of the roadway, provided that before any such special assessment may be levied, it shall have the assent of a two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for that purpose."

Rufenach Lane / Circle same or different?

Is Rufenach Circle really part of the road Rufenach Lane? Yes, for clarity, it should be noted that prior to 1988, that roadway today known as Rufenach Circle was officially titled Rufenach Lane with adjoining parcels adopting Rufenach Lane in their postal address, e.g. the Swearingen parcel.

After the creation of the Rolling Meadows subdivision, Rufenach Lane from the T-junction branch to the north was renamed Rufenach Circle. Conclusion: Rufenach Circle is part and parcel of the 1977 road that came to named Rufenach Lane and falls under the private road authority.

Conclusion

Supporting evidence for the initial statement has been provided through legally binding sources in the Flathead County Records.  See the Abstract for a summary.

Notes

[1] December 30, 1977. Declaration of covenants, conditions and restrictions, Rufenach/Dulin property. Flathead County Records book 632 page 891 et seq.

[2] ibid, pgs. 3-4, book 632 page 894-895.

[3] February 6, 1984. Warranty Deed, Flathead County Records document 198405315370.

[4] June 3, 1988. Declaration of covenants, conditions & restrictions of Rolling Meadows. Flathead County Records, document 8821709010

[5] ibid, Article I, Section 2.

[6] November 2, 2008.  Amendment to 1988 Declaration of Covenants and Restrictions

Cadastral directory of rolling meadows homeowners association members