Wednesday, July 18, 2018

Legal case over, I won!

In filing the lawsuit I set out to teach the Board of Directors a very important lesson: they don’t know what they are doing, and when a homeowner who does speaks up and tells them that what they are doing goes against the governing documents and state statute, they should listen. More than that, they shouldn’t hire a management company and law firm that encourages and supports their illegal behaviors, attitudes and decisions resulting in illegal actions against the homeowners.

The case was never about money, despite spending my own money to defend the rights of all homeowners of 198 homes in our association, which wasn’t all that cheap but remained an acceptable loss given the outcome.

This case was about proving a point, and the point was made rather well. So well that the HOA moved from Vial and Fotheringham counsel’s legal assistance and filed the matter with the HOAs insurance carrier, American Family, who in turn hired another lawfirm to represent the HOA in the legal case I filed. Knowing full well there was absolutely no legal defense they could counter with regarding the breach of contract with the Street Tree Resolution, they merely focused on the only weakness in my case, damages.

I offered to settle and walk away from the case before filing it to save the HOA on legal fees, but they refused. Which means they spent nearly double that offer in defending the HOA in a case they knew they were never going to win.

Again, this was never about the money and I only made that settlement offer to test their resolve, as I knew they would refuse. This was all about proving a point and I proved it. Going forward I highly doubt they will make the same mistake again in trying to screw the homeowners out of their right to vote on matters that they are entitled to if the Board of Directors wants to alter the language and effect of the CC&Rs. That being said, I can tell you right now that the garbage can resolution done at the same time as the street tree resolution does the same thing as the illicit street tree resolution. It alters/changes the language of the CC&Rs, i.e. it is an amendment that does what the Board wants it to say but doesn’t really say. I would suggest that a homeowner bring this up to the Board and have it rescinded immediately.

Since I don’t live in the HOA anymore, it’s up to you homeowners to pay attention to what the Board of Directors, Management Company, and retained lawfirm is doing. If you remain complacent and apathetic as you have for the past 21 years, and seeing as that I am gone, in time the Board of Directors just May repeat their bad / illegal behaviors, choices and resulting actions that go against your interests and violate your right to vote on making amendments to the governing documents that could have a huge financial impact along with the anger and frustration of such a resolution acting as an amendment targets you.

Sunday, March 25, 2018

Lawsuit accounced & a couple homeowners demonstrate why the HOA is a problem!

Yes, the Board of Directors are the main problem with our HOA, their illicit and illegal activities that violate both the CC&Rs and ORS covering Planned Communities are countless, and I've recounted many of them within this blog and my HOA Facebook page.

However, the underlining true problem with our HOA is the apathetic & complacent approach many homeowners have whereas this HOA is concerned.

Sitting back quietly and paying your annual dues without review or question of the financials, let alone the actions of the HOA (e.g. resolutions, etc.), is not how it works. You have a responsibility towards not only yourself, but for your fellow homeowners to be informed and take action when and where necessary when the HOA Board of Directors does something implicitly contrary to the CC&Rs and state law (Oregon Planned Community Act).

Another inherent problem is when a homeowner does take action to protect themselves, and by extension every other homeowner against the overreaching and illicit/illegal acts of the HOA Board of Directors, fellow homeowners should be grateful and respectful towards that homeowner for taking their time, money and effort to do so. Even a simple "thank you" would suffice.

However the following reaction to such a homeowner, me, taking action that no other homeowner has, clearly demonstrates how a fellow homeowners is NOT supposed to treat another homeowner who is doing what they fail to do in protecting their own rights as a homeowner in this association:

I posted this morning that a civil lawsuit was coming soon to the courthouse (obviously the one in McMinnville), and this is the thanks I get...

Chuck Watson - "I really hate these types of comments that are so popular on Facebook. How about instead of putting out this stupid comment with no information, you provide us with the facts?? What is the lawsuit? Who is suing? Why? All you are doing is pissing people off with your attention grabbing antics" (sic)

Leslie Meyer - "This is pretty rude to those of us who just move (sic) to Oak Knoll this past November who really have no idea what the hell you are talking about !" (sic)

Lesli Meyer - "...just joined this site. Guess I will take myself off . (sic) Really don't have to deal with jerks like you."

Leslie Meyer - "I have only on (sic) word left to say to You (sic) "ASSHOLE" (sic)

Link for full context


I have been posting on FB and this blog for years providing nothing but information and facts, and yet because someone is too apathetic and complacent to do a little further reading of previous comments or click the link to this blog here, which is listed in the "About Me" section of the HOA Facebook page, I am berated for not catering to their laziness.

And since when is continuing to provide information to the homeowners "rude"? Is it my fault that a new homeowner didn't do their due diligence in researching this community and HOA before buying their home? I mean really, a simple Google search for "Oak Knoll Homeowners Association Newberg" would show this blog as the #1 result, and my facebook page #2 and my YouTube #3.

When I pointed out the simplicity of doing a little reading of the information that is already there, and asking how proving information is considered "rude," I am then called a jerk for pointing out that that was rich coming from the person who just accused me of being rude; she then proceeded to call me an "ASSHOLE."

Real classy adult mature behavior there folks. Way to thank the one person who has made positive changes to how the HOA Board of Directors have illicitly, illegally and ignorantly ran the HOA since day one.

IF and WHEN I move from this neighborhood, not because of the pain in the ass that the HOA has been or the disrespect and ungratefulness that I've been shown by fellow homeowners as illustrated above (among others who have left disrespectful comments on my FB page), but specifically for the financial gain, you all will miss me and my efforts to keep the HOA on the straight and narrow.

Mark my words! You apathetic and complacent homeowners just simply do not understand what they HOA is capable of and how the can get away with it all, making your lives miserable and eventually forcing you to leave/move out like so many other homeowners have in the past to present.

OKHA Watch Dog

Sunday, October 29, 2017

Long Standing Garbage/Recycle Bin Issue in our HOA - DISMANTLED!

Here we are, 17 years after the formation of the Oak Knoll HOA and the damn garbage/recycle bin controversy rears its ugly head once again, and again, and again, and again...so on and so forth.

I've never really delved into this issue too much over the years because it has never really affected my Lot, that is to say it did once long ago when NW Community Management was our first HOA. I received one letter from them and quickly put them in their place, never to hear from them or any other subsequent management company, until most recently. So, on that note, I set out to break down the CC&R covering same in literal detail.

CC&R Section 3.11

No Lot, or area in or part of Oak Knoll shall be used or maintained as a dumping site or depository for rubbish, refuse, trash, garbage or any other form or type of waste. Any such waste may be temporarily stored in a location visible from any Street within Oak Knoll for not more than twenty-four (24) hours provided it is stored in a suitable and sanitary container until such waste is picked up or removed…such waste shall be maintained and operated in a safe and sanitary manner and shall not cause or be a form of nuisance to any resident in Oak Knoll.

When it comes to understanding how to read contractual terms from the eyes of the law, one must recognize the comma "," among other punctuation, that establishes a break between elements or criterion of the section that have to be met in order to either comply or violate the term(s) of the contract.

Here we go...

1st Criteria: 
"No Lot, or area in or part of Oak Knoll shall be used or maintained as a dumping site or depository for rubbish, refuse, trash, garbage or any other form or type of waste."

2nd Criteria:
"Any such waste may be temporarily stored in a location visible from any Street within Oak Knoll for not more than twenty-four (24) hours provided it is stored in a suitable and sanitary container until such waste is picked up or removed..."

3rd Criteria:
"...such waste shall be maintained and operated in a safe and sanitary manner and shall not cause or be a form of nuisance to any resident in Oak Knoll."

Three criteria, that is it!

Now to establish each, the following must be met:

1st Criteria:
Common sense dictates what is a "dumping site or depository," and really needs no explanation. 

2nd Criteria:
No specific instructions, designation, or specific identification as to what is the one and only, or other, "suitable and sanitary container" that which such "rubbish, refuse, trash, garbage or any other form or type of waste" shall be contained in.

Furthermore, the twenty-four (24) hour period is not designated either; while we have our scheduled recycle pickup date from Waste Management Company, they are not always on time. It is not beyond reason for someone to put their recycling out at 11am the day that it is technically scheduled to be "picked up or removed," or any time thereafter if a Lot Owner calls Waste Management for a pickup or removal. So technically, as the CC&R is written, the moment the Lot Owner places the recycle bins or whatever "suitable and sanitary container" is made plain and visible "from any Street within Oak Knoll" is when the so-called 24 hour clock starts; it is not dependent upon the actual day of service or what Waste Management's schedule is.

On that note, the HOA management company agent or whomever is walking around and submitting a complaint alleging that said "...such waste..." is a "...cause or be a form of nuisance to any resident in Oak Knoll" must prove beyond a preponderance of the evidence that they have established as a matter of fact when a Lot Owner has in effect physically placed said refuse is "...stored in a suitable and sanitary container until such waste is picked up or removed that is ..."temporarily stored in a location visible from any Street within Oak Knoll" such removal.

Bottom line, the recycle bins provided by Waste Management Company are not clearly identified by the CC&Rs. 

A black plastic trash bag is as much of "a suitable and sanitary container" as a plastic storage bin, homemade wooden container, so on and so forth.

As such, just because a container that is technically "suitable and sanitary" for the storage of "rubbish, refuse, trash, garbage or any other form or type of waste" is visible from any Street within Oak Knoll, does not mean that actual "rubbish, refuse, trash, garbage or any other form or type of waste" is contained within it. Therefore, the management agent or board representative would need to provide proof that there is such "rubbish, refuse, trash, garbage or any other form or type of waste" within said contained before sending any violation notice of same.

In short, the HOA has been falsely accusing and pissing homeowners off since the year 2000 over the recycle bin issue. And since "garbage bin" is not even mention in the CC&Rs, the January 2016 "Garbage Bin Resolution" is inherently invalid since it fundamentally changes the terms and conditions the CC&Rs without the required vote of the homeowners where 75% approval is necessary in order to make said resolution legitimate as an actual "amendment" to the CC&Rs.

Once again our HOA Board of Directors just continues one effort after another of screwing over the homeowners of this HOA just to get their way.



Tuesday, July 18, 2017

First Proposed Amendment - What the HOA & Attorney conveniently left out of their cover letters...


FIRST PROPOSED AMENDMENT 

Received the cover letter from the management company and the explanation letter from Ryan Harris yesterday. After reading both I could not help but wonder how convenient it was that both left out the real reason behind "...the need for the amendment." If you attend tonight's board meeting, or the August 15th meeting, be sure to ask.

The management company naturally cannot get facts straight when it comes to the history of the HOA. In their cover letter they state that the so-called "maintenance...practice" of the HOA has been "since 1996." The development requirements of the area were not even complete for the front end homes (nearest College) until after 1998; as such, the Declarant did not turn over the HOA it initially started (and did absolutely nothing with) until 1999. This "maintenance...practice" did not begin until the 2000s, and homeowners have been questioning, debating and arguing with the HOA Boards of Directors, past to present, ever since.

Regarding Mr. Harris' letter, he conveniently omits certain facts that would otherwise clearly explain the matter. One example is the following statement:

"The governing documents list "street trees" as "common improvements" maintained by the Association."

That's only a half-truth; the full unadulterated truth is what I have argued over and over again since the 2000s, so this is nothing new...the 'governing documents' (CC&Rs Section 7.1) clearly states "; and street trees on each Lot."

Mr. Harris then states, "The current and past boards have interpreted street trees as those along Foothills Drive in the oversized planter strips..."

How does a reasonable person interpret the clear and concise terms "on each" to mean "those along"; and "Lot" to mean "Foothills Drive"? smh

The HOA are beggars of their own demise; if they would only follow the governing documents and statutory laws governing HOAs exactly as they are written, there would be no need to question the HOA, no need for debate, no need to argue with attorneys, and certainly no need for a lawsuit.

So question them, hard, at both meetings. Hold them accountable for their collective and consistent failures resulting in their current predicament. 






Sunday, March 26, 2017

YELP.COM & BBB Reviews of all THREE Management Companies the HOA has contracted with...


  • Northwest Community Management:


https://www.yelp.com/biz/northwest-community-management-portland

Here is the best worst rating:

WARNING@@!! STAY AWAY FROM THIS COMPANY.

My HOA had this management company setup for us by the builder of our community, we had to fire them as soon as we could. They kept making numerous errors that caused hardship on us.

1) Lack of returned phone calls to President of the Board during in-contract time. Lack of response to emails, failure to notify us they were going on vacation.  They were very slow to get back to anybody even on the board.

2) Shotty accounting - they made so many errors in accounting that our auditor had a lot of journal entry updates and control issues with them. To be brief they would improperly move money or fail to move money, they would cause banking fees to be charged, then charge us to figure out how they would mess things up. We'd find problems with the financials and they they'd end up charging us to figure out how they messed up.

3) Reserve Studies - While they outsourced the Reserve study to another company, they botched the study so badly we had to have it redone for additional expense. They allowed the reserve analyst to improperly calculate things and made a mess of our reserve process,

4) Fees - They make their money in fees, excessive, hidden ones, they charge for absolutely everything, calls, letters, minor stuff you would think would be included. They were pulling down extra fees more then the contract every month, weather there was lots of activity or not! (this was the same case for other former clients i've talked to).

5) Bad Faith - We fired the company because of their poor quality service, they did not even help us while we were paying for them to move to another company. They kept sending invoice for tiny things such as re-forwarding letters and phone calls for months.

6) Worthless services - Their community services were worthless, they did postcards and small newsletter stuff for us, and charged a ton for it.

7) Bills years later - Its been years since we fired this company, we still occasionally see invoice for this company. They know no amount of pettiness. Always read the contract to the letter, in the case of a builder signed contract never let is renew! Their contract includes an indemnity clause in it that is stiff, we got exclusions to the indemnity from our new vendor for certain common things. if you are a current client, consider carefully if you want to take the risk that they bill excessive charges for things years later.

8) The company is an out of state company with some local employees, i feel sorry for them working in such a pit. Most communities fire them if the board is watching close enough this company is worthless. Our manager barely handled problems himself, he always had to get to other parts of the company, sometimes we'd get forwarded emails from weeks later indicating the issue wasn't resolved and they didn't even understand the problem.

9) Lack of responsiveness on Architectural Requests, lack of retention of documentation, failure to get board approval. This community manager caused so many unauthorized modifications to occur by telling people to modify and send an application later. Dishes on roofs penetrating shingles? Really people? My community is still cleaning up their mess. And the owners still think they did nothing wrong because NWCM told them it was okay? Failure to follow documents was a serious issue. Community manager barely followed the rules written in documents

10) Lack of follow upon delinquent accounts, poor tracking, which resulted in financial losses years later. They caused errors in our accounts receivable severe enough we had to write off losses for dues income as a result of failures to act. One of the most common ways they'd screw us over would be to quote just the transfer fee at real estate closing time and forget the owner's pro-rated dues or giant delinquent balance.

11) Missing Audit trail information and lack of documentation of financial matters caused serious problems.

12) boiler plate board packets that barely had enough information pertinent to the board of directors'

This is perhaps the worst company to deal with ever, do not under any circumstances hire them to manage your community, they are a total disaster.
Public filing with the Oregon Secretary of State:
http://egov.sos.state.or.us/br/pkg_web_name_srch_inq.show_detl?p_be_rsn=1218443&p_srce=BR_INQ&p_print=FALSE

Negative reviews and Yellowpages.com:

https://www.yellowpages.com/portland-or/mip/the-management-trust-northwest-729392

"
10/08/2011
Provided by Citysearch - 
Overall

Bunch of idiots

The only contact we've had with them over the last 6 years is letters telling us we left our garbage cans on the driveway. The latest letter was a notice of a fine of $25 for posting garage sale signs in the community.
In fact only 1 of the 7 signs we posted around the surrounding area was in the community itself. The signs were up for a total of 6 hours. Apparently we had ""opportunity to be heard"" prior to the board decision but they neglected to notify us of that opportunity.

This company sucks. They only exist to generate revenue from minor infractions rather than doing anything constructive to improve the community."

Northwest Community Management is now The Management Trust, so there are no BBB profiles/records under their former name as it is linked to their new name.

--- // ---
  • Superior Community Management:

They were not without their problems for our Association, but they clearly did better than the previous and subsequent (which are one and the same company).

BBB profile with negative reviews:

https://www.bbb.org/oregon/business-reviews/management-consultants/superior-community-management-inc-in-portland-or-22034082/reviews-and-complaints



--- // ---
  • The Management Trust:

One of the several 1 star reviews:
i would like to direct everyone over to the reviews relating to northwest community management, as that was the former name of the management trust.

you can change your name, but you cannot change your reputation.

The Management Trust and Northwest Community Management - the connection filed via public record with the Oregon Secretary of State:

http://egov.sos.state.or.us/br/pkg_web_name_srch_inq.show_detl?p_be_rsn=1525504&p_srce=BR_INQ&p_print=FALSE

BBB profile with negative reviews for The Management Trust, formerly Northwest Community Management:

Tigard Location: https://www.bbb.org/oregon/business-reviews/association-management/the-management-trust-northwest-in-tigard-or-86000547/reviews-and-complaints

Portland Location: https://www.bbb.org/oregon/business-reviews/association-management/the-management-trust-northwest-in-portland-or-22649113/reviews-and-complaints

FACEBOOK: https://www.facebook.com/managementtrust/ 
Voice your options about how you have been treated by this management company via our Board of Directors.

Even people do not like working for this company:

"Mar 10, 2017

"Horrible Senior Office Management"

StarStarStarStarStar
Former Employee - Anonymous Employee
Doesn't Recommend
Disapproves of CEO
I worked at The Management Trust full-time
Pros
ESOP...Great idea and wonderful motivation for long term employment.
Cons
On the surface, this looks like a great company to work for...a very team and goal oriented approach; however, the management team really does this company a great injustice. Very stiff and uncomfortable environment to work in, and the training? What training?
Advice to Management
Note to management: Invest in people that are willing to spend the time to train individuals. The female I worked under was horribly inpatient, sarcastic, rude and absurdly inconsistent in terms of job expectations. This company takes it's sweet time hiring people, and then lets them go quickly for issues that have nothing to do with job performance. If the Management team doesn't care for you on a personal level, you will be fired under some false pretense. Unhelpful and very ineffective senior management. Extremely negative experience with this company. Looks great on the surface, but they really aren't too interested in giving the employee(s) the training they need to succeed; you will be looked at as an annoyance if you have to ask a question, and if you don't 'fit' in with their 'clique,' forget about keeping your job."

https://www.glassdoor.com/Reviews/The-Management-Trust-Reviews-E341457.htm


Monday, March 13, 2017

June 2016 (No) Recording Resolution by Directors denying homeowners their right to record meetings

RECORDING RESOLUTION - Incorrect citations of authority, no basis in law, ORS, Bylaws, or Robert's Rules of to substantiate this resolution.
What is CITATION OF AUTHORITIES?
The reading of, or reference to, legal authorities and precedents, (such as constitutions, statutes, reported cases, and elementary treatises,) in arguments to courts, or In legal text-books, to establish or fortify the propositions advanced.
CITATION OF AUTHORITIES as used in the “Recording Resolutions” by the HOA attorney are as follows:
Article I, Section 4, Bylaws: 
“…the purpose of the Association is to “serve as the means through which the members may take action with regard to administration, management and operations of [Oak Knoll].””
Article I, Section 6, Bylaws:
“…”proprietary” membership in the Association is automatic for “[e]very person or entity who is a record owner of a fee or undivided fee interest in any Lot….””
Article III, Section 3, Bylaws:
“…the Association’s Board of Directors (“Board”) has all of the powers and duties necessary for the administration of the affairs of the Association, except such powers and duties as by law, the Declaration, or Bylaws, may not be delegated to the Board by the owners.”
ORS 94.630(1)(a) and Article III, Section 3(g), Bylaws:
“…the Board on behalf of the Association, may adopt, modify, or revoke rules and regulations for Oak Knoll governing the conduct of persons and the use of the common areas, as it may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyment of Oak Knoll.”
Article III, Section 3(h), Bylaws:
“…provides that the Board may enforce by legal means the provisions of the Declaration, Bylaws, and rules and regulations of the Association.”
ORS 94.630(1)(m): 
“…provides that the Board may pursuant to a schedule of fines, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association, after giving written notice of and an opportunity to be heard.”
ORS 94.657and Article II, Section 12, Bylaws:
“…provides meeting (sic) shall be conducted in accordance with Robert’s Rules of Order.”
Section 2 of Robert’s Rules of Order, 11th Edition:
“…provides the board may adopt standing rules for the administration of the Association.”
Section 25 of Robert’s Rules of Order, 11th Edition:
“…provides that the standing rules may specifically include rules regarding the use of recording devises at meeting (sic).”
NOW HERE IS WHAT EACH CIATION ACTUALLY STATES, word for word:
Article I, Section 4, Bylaws (this has no biding authority to create let alone enforce this recording resolution)
Purposes. This Association is formed to serve as the means through which the members may take action with regard to administration, management and operation of the Development.
Article I, Section 6, Bylaws (this has no biding authority to create let alone enforce this recording resolution)
Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot shall be a proprietary member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership.
Article III, Section 3, Bylaws (this has no biding authority to create let alone enforce this recording resolution)
Powers and Duties. The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Association, except such powers and duties as by law or by the Declaration or by these Bylaws may not be delegated to the Board of Directors by the members. The powers and duties to be exercised by the Board of Directors shall include, but shall not be limited to the following:
(a) Operation, care, upkeep, maintenance and repair of common areas in accordance with law, these Bylaws and the Declaration.
(b) Assessment and collection of assessments as provided in the Declaration and the making of related expenditures set forth in the Declaration.
(c) Employment and dismissal of such personnel as necessary for the efficient maintenance, upkeep and repair of the common areas.
(d) Employment of legal, accounting or other personnel for reasonable compensation to perform such services as may be required for the proper administration of the Association.
(e) Opening of bank accounts on behalf of the Association and designating the signatories required therefor.
(f) Obtaining insurance or bonds pursuant to the provisions of these Bylaws, the Declarant or law.
(g) Adoption in accordance with these Bylaws or reasonable administrative rules and regulations for use of the common areas.
(h) Enforcement by legal means of the provisions of applicable law, the Declaration, these Bylaws and any rules and regulations adopted hereunder.
ORS 94.630(1)(a) (this has no biding authority to create let alone enforce this recording resolution when directly juxtaposed with Article III, Section 3(g), Bylaws below…)
(1) Subject to subsection (2) of this section and except as otherwise provided in its declaration or bylaws, a homeowners association may:
(a) Adopt and amend bylaws, rules and regulations for the planned community;
Article III, Section 3(g), Bylaws (this has no biding authority to create let alone enforce this recording resolution)
(g) Adoption in accordance with these Bylaws or reasonable administrative rules and regulations for use of the common areas.
Article III, Section 3(h), Bylaws (this has no biding authority to create let alone enforce this recording resolution created on false premises)
(h) Enforcement by legal means of the provisions of applicable law, the Declaration, these
Bylaws and any rules and regulations adopted hereunder.
ORS 94.630(1)(m) (this has no biding authority to create let alone enforce this recording resolution)
(1) Subject to subsection (2) of this section and except as otherwise provided in its declaration or bylaws, a homeowners association may:
(m) Adopt rules regarding the termination of utility services paid for out of assessments of the association and access to and use of recreational and service facilities available to owners. The rules must provide for written notice and an opportunity to be heard before the association may terminate the rights of any owners to receive the benefits or services until the correction of any violation covered by the rule has occurred;
The correct citation of authority the HOA’s attorney should have cited is as follows:
ORS 94.630(1)(n)
(1) Subject to subsection (2) of this section and except as otherwise provided in its declaration or bylaws, a homeowners association may:
(n) Impose charges for late payment of assessments and attorney fees related to the collection of assessments and, after giving written notice and an opportunity to be heard, levy [[reasonable fines]] for violations of the declaration, bylaws, rules and regulations of the association, provided that the charge imposed or the fine levied by the association is based:
(A) On a schedule contained in the declaration or bylaws, or an amendment to either that is delivered to each lot, mailed to the mailing address of each lot or mailed to the mailing addresses designated in writing by the owners; or
(B) On a resolution of the association or its board of directors that is delivered to each lot, mailed to the mailing address of each lot or mailed to the mailing addresses designated in writing by the owners;
There is NOTHING reasonable about a $200 fine, and any reasonable person would agree.
ORS 94.657 (this has no biding authority to create let alone enforce this recording resolution)
Rules of order. (1) Unless other rules of order are required by the declaration or bylaws or by a resolution of the association or its board of directors, meetings of the association and the board of directors shall be conducted according to the latest edition of Robert’s Rules of Order published by the Robert’s Rules Association.
(2) A decision of the association or the board of directors may not be challenged because the appropriate rules of order were not used unless a person entitled to be heard was denied the right to be heard and raised an objection at the meeting in which the right to be heard was denied.
(3) A decision of the association and the board of directors is deemed valid without regard to procedural errors related to the rules of order one year after the decision is made unless the error appears on the face of a written instrument memorializing the decision.
Article II, Section 12, Bylaws (this has no biding authority to create let alone enforce this recording resolution)
Conduct of Meetings. Except as otherwise provided herein, meetings shall be conducted in accordance with Roberts Rules of Order.
Section 2 of Robert’s Rules of Order, 11th Edition (INCORRECT CITATION):
RONR (11th ed.), p. 18, II. 1-10 (CORRECT CITATION)
Standing Rules, as understood in this book except in the case of conventions, are rules (1) which are related to the details of the administration of a society rather than to parliamentary procedure, and (2) which can be adopted or changed upon the same conditions as any ordinary act of the society. An example of such a rule might be one setting the hour at which meetings are to begin, or one relating to the maintenance of a guest register.
Section 25 of Robert’s Rules of Order, 11th Edition (INCORRECT CITATION):
RONR (11th ed.), p. 265, II. 25-29 (CORRECT CITATION)
RULES THAT CAN BE SUSPENDED BY A MAJORITY VOTE: An ordinary standing rule, as the term is used in this book, is a rule that does not relate to parliamentary procedure as such and refers, for example, to such matters as the use of recording devises at meetings.
Interesting point of fact is that there are only TWO references to “recording device” found in the Robert’s Rules of Order, the one cited above (RONR (11th ed.), p. 265, II. 25-29) and below:
RONR (11th ed.), p. 471, II. 25-27
The use by the secretary of a recording device can be of great benefit in preparing the minutes, but a transcription from it should never be used as the minutes themselves.
A reasonable person would conclude that this second reference juxtaposed to the first means the recording device to be used and a special rule established thereon is specifically demarcated to the secretary’s use of a recording device, and NOT a member of the society. 
The Robert’s Rules of Order are specifically clear in that the Board of Directors has NO SPECIAL AUTHORITY granted it by the Rules of Order, or any other documents other than the Bylaws of the Association.
RONR (11th ed.), p. 482, II. 25-29
A society has no executive board, nor can its officers act as a board, except as the bylaws may provide; and when so established, the board has only such power as is delegated to it by the bylaws or by vote of the society’s assembly referring individual matters to it.
Fact of the matter is, the RONR is silent on members of the society using or not using recording devices at monthly meetings of the association; but the RONR is perfectly clear in its single reference to recording device being used by the “secretary.”
The HOAs attorney has incorrectly cited authorities from the Bylaws and ORS, thus failing to properly substantiate the Board of Director’s “authority” to draft let alone pass such a poorly written resolution as this “Recording Resolution.” 
This is nothing short of a resolution meant to protect the Board of Directors and not the homeowners, whom to date, for those that have been present at Board Meetings where this very issue was addressed, NOT A SINGLE HOMEOWNER voiced that they had NO issues with the recording of the meeting by either a homeowner or the Board. Each homeowner even when to question the Board as to why they were not even recording the meeting. Responses were one poorly voiced excuse after another blaming it all on the homeowners THAT WERE NOT EVEN PRESENT at the meeting(s).
What else is even more striking is the fact that the Board via the attorney and management company are citing the Robert’s Rules of Order whenever it suites their self-perceived best interests, but they NEVER conduct themselves in a meeting under the same Robert’s Rules of Order as a matter of normal function in the course of their duties in conducting said meeting(s).

ORS 164.540 (6) The prohibitions in subsection (1)(c) of this section do not apply to persons who intercept or attempt to intercept with an unconcealed recording device the oral communications that are part of any of the following proceedings: 
(a) Public or semipublic meetings such as hearings before governmental or quasi-governmental bodies, trials, press conferences, public speeches, rallies and sporting or other events; 
(c) Private meetings or conferences if all others involved knew or reasonably should have known that the recording was being made. 

By virtue of law, it is allowed and permissible; thus legal and lawful and authorized by this statute to record private meetings; the recording resolution is in direct conflict with this statute, and as a result state law supersedes the resolution as does all other state or federal laws in which the governing documents conflict with (e.g. street parking is not allowed in CC&Rs, but the Board admitted in a Newsletter that that cannot be enforced since state law allows it (i.e. makes it permissible thus legal and lawful and authorized by state statute).

OKHA WatchDog

Tuesday, February 14, 2017

Meeting Minutes 1999-2017 & some letters from the HOA to Homeowners...A HISTORY

The following are the highlights from all the meeting minutes that I retained hard copies of, and that which was available form each management company online.

OKHA NEWSLETTERS AND MEETING MINUTES: 1999-2016

March 1999:
·      NSP Development Inc. officially turned over the management of the HOA to the members of the Oak Knoll community on March 15, 1999.
o   At the time of transition, there was no money allocated for paying the Association’s bills, as such, the HOA was already in debt.

June 1999:
·      Board Members Elected June 7, 1999:
o   Bob Rose, President
o   Clayton Brown, Co-Secretary
o   Kevin Engelen, Co-Secretary
o   Ken Lemke, Co-Treasurer
o   Wayne Waldal, Co-Treasurer

June 7, 1999, Meeting Minutes:
·      Board members elected:
o   Clayton Brown
o   Kevin Engelen
o   Russ Miller
o   Terry Fergus
o   Bob Hannan
o   Bob Rose
o   Kevin Kinney (attorney)
o   Ken Lemke
o   Wayne Waldal
·      Budget established June 23, 1999
o   $96 per lot per year
·      First Federal was chosen as the Association’s bank
·      Procedures were put in place for approval of fencing in the Oak Knoll Development
·      Landscaper selected June 30, 1999


July 1999:
·      OKHA established the P.O. Box for mailing
·      Checking was opened at First Federal
·      Insurance policies were approved and obtained

July 2, 1999 Letter from the President:
·      “NSP Development Inc., the developer of the Oak Knoll subdivision, founded the Oak Knoll Homeowners’ Association (the Association) in October 1997. NSP Development Inc. officially turned over the management of the Association to the Association members on March 15, 1999. At the time of the transition, there was no money allocated for paying the Association’s bills. An interim Board of Directors managed the Association until June 7, 1999, when the members elected the official Board of Directors.”

September 1999 Letter:
·      The BODs believed that “We have adopted a process to make sure that everyone is in compliance with CC&Rs (sic)…For those who are not in compliance, the board will take action to get it corrected.”
·      Oak Knoll PO Box established July 5, 1999
·      Checking account was opened at First Federal
·      Insurance policies approved July 19, 1999
o   The association’s insurance policies were awarded to two companies. The Directors & Officers was awarded to Wright Insurance and the Bond & Liability was awarded to Buckley Insurance.

September 17 (draft, 19th actual letter dated/sent), Letter from President Bob Rose:
·      “The Oak Knoll Homeowners’ Association’s Codes, Covenants and Restrictions (CC&Rs) were formed to provide a clean, safe neighborhood where all of us can be proud to live.”
·      The Oak Knoll Homeowners’ Association (OHKA) Board has received several questions since its inception regarding failure of residents to adhere to the CC&Rs. The Board has pulled excerpts from the current CC&Rs reflecting the most often-asked questions.
·      Current questions tend to drop into the following categories:
o   Residents parking personal and commercial vehicles on the street
o   Residents erecting fences without Design Committee approval
o   Residents failing to maintain landscaped areas between their sidewalk and the street
o   Residents installing TV antennas on homes
o   Lot owners failing to keep grass and weeds cut and controlled
o   Residents failing to maintain landscaped areas
o   Residents and lot owners allowing rubbish to accumulate on lots
·      The Board would also like to clarify the responsibilities of renters with regard to the Oak Knoll CC&Rs. The CC&Rs state that renters have the same obligations, rights and responsibilities as owners except that renters cannot vote in general Membership meetings.
·      Please remember that enforcement of the CC&Rs is meant to make Oak Knoll a better place for all residents. This can be accomplished by increased beauty and property values for all.


November 1999:
·      Notices sent some homeowners not cleaning up after their dogs
·      “We ask your help in identifying such (CC&Rs) violations and ask that you fill out the form that was sent…and return it…”
·      “Please make plans to attend the second annual meeting of the Oak Knoll Homeowner’s Assoc. This meeting will be your opportunity to make any suggestions to change or add to the Association’s Codes, Covenants and Restrictions. These (CC&R’s) are a key tool to insure that our neighborhood is a pleasant and safe place for all of us to live.”


April 11, 2000 Meeting Minutes:
·      Minutes of November 9, 1999 meeting read and approved
·      Draft letter reviewed and modifications approved for new subdivision invitations
·      Booking keeping bids, Debra Randall @$165/month accepted/approved
·      There will be 3 and perhaps 4 opening for new Board members
·      Property Lien Update:
o   Kevin K. is not available for update. Ken provided Kevin with necessary information for lien filing.
·      Absent Board Members Update:
o   Bob Hannan will complete his term (one more month).
o   Clayton has not contacted Kevin Engelen yet. Will contact prior to April 25th meeting.
·      Replacement Board Members:
o   There will be 3 and perhaps 4 opening for new Board Members. Nominations shall be brough to Annual Meeting for voting.
·       

April 25, 2000 Meeting Minutes (Notice of Claim of Lien attached):
·      Minutes of April 11, 2000 meeting read and approved as ammended (sic)
·      Gerald Fisher updated board on landscape complaints, and will bring updated written forms to board
·      Old Business:
o   Invitation letter sent to “Glenn at Oak Knoll” subdivision (c/o Willcuts brothers)
·      Absent Board Members Update:
o   Bob Hannan will complete his term (one more month)
·      Kevin Engelen will submit resignation letter to board, leaving vacancy to fill
·      Proposed Budget Items:
o   Consolidate Misc. and Contingency Fund line items as Misc.

April 27, 2000 Letter from Clayton Brown, HOA Secretary:
·      Invitation to attend annual meeting scheduled for May 23, 2000, agenda attached.
o   Review of the Treasurers Report, May 1999 – March 2000
o   Review of the proposed budget for April 2000 – March 2001
o   Review of Board activities:
§  Contracted to repair Foothills irrigation
§  Contracted for annual Landscaping of common areas
§  Mailed a summary of CC&Rs to each home owner
§  Established a written procedure to document and to resolve CC&R complaints
o   Discussion of frequent complaints:
§  Dog noise, loose dogs, clean up after dogs
§  Unkempt yards
§  Vehicle parking
§  Outside repair of vehicles
o   Call for volunteers to work on a committee to review Oak Knoll CC&Rs


May 9, 2000 Meeting Minutes:
·      Old Business:
o   New Subdivision Invitations: Clayton talked to Marc (Wilcuts), who said the invitation was too late. Marc said they have already sold homes in the new addition, and it would be difficult to change association CC&Rs now without mortgage holders agreeing to change.
o   Action Item: Bob Rose will get more name/address information to Clayton. Other letters will go out ASAP.
·      Replacement Board Members Update:
o   The board may need four or five new members. Elections at Annual Meeting May 23rd
o   Russ Miller submitted letter of resignation
o   Terry Fergus was to serve one year only.
·      Property Lien Update”
o   Ken sent notices via Certified Mail. If no response by Friday, May 12th liens will be filed.
·      New Business:
o   Association-mandated maintenance? How does the Association collect reimbursements for providing landscape maintenance for homeowners who are not maintaining their own properties? CC&Rs allow this service to be provided, but how to collect? This issue was tabled for discussion by new board in June.
·      Street Trees on Foothills
o   Wayne will continue to check with the “developer-formerly-known-as-NSP”


May 23, 2000 Annual Meeting Notice (Agenda):
·      Review of the 1999 Home Owners Meeting Minutes
·      Review of the Treasurers Report, May 1999 – March 2000
·      Prepared original budget
o   Contracted to repair Foothills irrigation
o   Contracted for annual Landscaping of Common areas
o   Established mail box and bank account
·      Established written procedure to document and to resolve CC&R complaints
·      Nomination of new board members
·      Discussion of frequent complaints: Dog noise, loose dogs, clean up after dogs, unkempt yards, vehicle parking, outside repair of vehicles

June 2000 Meeting Minutes:
·      Design Review Committee Volunteers:
o   Howard Pitts (Chair Person)
o   Tim Hatton
o   Kristin Pohlschneider
o   Ken Lemke
·      Update on invitations of new subdivisions:
o   Jen Lemke sent invitations to Summit owner
o   Wilcutts brothers declined invitation
o   Oak Knoll is in question
o   Future development in filbert orchid – Ken has not sent an invitation, but will complete this by next meeting
·      Complaint Committee Volunteers
o   Howard Pitts
o   Tim Hatton
o   Chris Zimmerman
·      New Business – Financial Report:
o   Read by Gerald Fisher – Through the date of this meeting, the association has 65 homes delinquent in dues. Additionally there are 10 homes that have only partially paid.
·      Sprinkler System:
o   Ken Lemke has discussed the sprinkler system with the landscapers. They recommend replacement of the timer valves to a better quality value which would handle the higher demand of our system. They also recommend changing the sprinkler heads themselves to alow for better coverage. The landscapers quoted the job at $1,500.00. Ken gave them the ok to complete the job.
§  The landscaper called Ken and told him the valves were more expensive than anticipated and provided a new quote of $1,800.00 to $2,000.00 to complete the job. Ken again gave his approval for the work. The job was to be complete on the day of the meeting, but has not yet been done. Ken was unable to contact the landscaper to get a new estimated completion date.
·      Sign at the intersection of Foothills and College Street:
o   Ken has obtained 3 bids from contractors to complete the work
o   Avamere stated they would really like the sign on only one side not both.
o   Through research by Ken it was discovered that a problem exists with the city. They will allow this without any additional permits if kept at 20 inches in height or less.
o   The board voted to place the sign and wall on only one side (the north side)
o   The board voted to build the wall at the 20 inch height to avoid further delays and costs.
o   Questions were brought forward regarding the easement for placing the sign at this location. Ken worked with the city, but was unable to locate a copy of the plan. Gerald Fisher volunteered to obtain the plans for the sight.
·      Trees:
o   Gerald Fisher has researched the number of trees needed and documented the locations to be planted. He will obtain quotes and delivery options and provide them to the newsletter staff.
o   A motion was placed before the committee to reduce the size of the trees from 2” to 1” in diameter. This would be lower cost to the homeowners and would improve survivability of the trees.
·      Fence Along College at Foothills:
o   Ken Lemke presented the board with a motion to extend the existing fence along College to the corner of the duplex located at College and Foothills. The two bids he obtained are $728.00 and $623.00 to have the fence extended. Ken has verbally obtained permission from the owner to place the fence on the property…
·      A visitor, Chris Zimmerman, expressed interest in volunteering or joining the board.
o   A motion was approved to have Chris fill the 9th spot on the board.

August 2000:
·      Ken Lemke replaces Bob Rose as President of the BODs.
·      Others who served with terms either expired or resigned including attorney Kevin Kinney
·      Board Members:
o   Ken Lemke, President
o   Margaret Yates, Vice President
o   Howard Putts, Correspondence Secretary
o   Gerald Fisher, Treasurer
o   Wayne Waldal (no title)
o   Kristen Pohlschneider (no title)
o   Time Hitton (no title)
o   Kris Zimmerman (no title)
·      Those Board members whose terms of office have expired and those who have resigned:
o   Russ Miller
o   Kevin Engelen
o   Bob Hannan
o   Terry Fergus
o   Kevin Kinney
·      Street Trees:
o   “Are you Treeless?” – By Gerald Fisher
§  A tree committee was formed at the June 2000 board meeting to determine the number of homes without trees and an assessment was presented in the July meeting.
§  Currently, ninety-three (93) homes are without the required trees planed in the parking (sic) areas.
§  “To minimize the cost to homeowner (sic) and improve the survivability of the trees, the Board voted and approved the planting of 1” diameter trees, rather than the 2” diameter as specified in the CC&Rs.”
§  After 1/01/01, the tree issue will be turned over to the CC&R committee for resolution.
·      CC&R Complaints:
o   All homeowners of Oak Knoll read and signed a statement upon purchase that said we read, understood and accepted the CC&R’s (Conditions, Covenants and Restrictions) as they are written, and gave power to the Homeowners’ Association to uphold the CC&R’s.
o   At the July Board meeting a Complaint Review Committee was formed to address possible violations of the CC&R’s. The complaint process allows residents to voice their concerns about violations without face-to-face confrontations with neighbors.
o   The goal is to uphold the esthetic appeal of our neighborhood, keep our property values high and foster a sense of community pride.
o    

August 8, 2000 Meeting Minutes:
·      Street Tree Update
o   Gerald and Howard Pitts have identified locations for all missing street trees.
o   Wayne received a letter from Willamette Investments (formerly NSP) verifying they will supply the missing trees for Foothills Drive
o   A “tree committee” was formed consisting of Wayne, Gerald and Ken. They will evaluate which lots need street trees and the appropriate trees for each block based on the City tree plan.
·      Dish and Antenna Issues:
o   The board agreed to re-open issues regarding placement of dish antennas in order to maintain consistency in CC&R interpretations. Affected homeowners will be notified.
·      New Subdivision Invitations:
o   Mike Hanks, developer of “The Summit” division, already ahs its own CC&R set.
·      Property Lien Update:
o   Liens have been filed against recalcitrant property owners.
·      New Business:
o   Sidewalk on Hillsdale
§  Sidewalk needs to be completed. Will hand off to the City of Newberg for resolution. Moved, seconded, approved.

September 12, 2000 Meeting Minutes:
·      Street Tree Update:
o   Gerald is coordinating with Willamette Investments (formerly known as NSP) for supplying the missing trees for Foothills Drive. 7 Dees is contracted to plant. Gerald will work with Willamette & 7 Dees to coordinate delivery, placement and planting.
·      Summit at Oak Knoll
o   Margaret to obtain copy of Summit CC&R and review. OKHA proposes to invite Summit builders to agree to allow homes to enter OKHA when they sell. Ken will follow up on this.

October 10, 2000 Meeting Minutes:
·      Agenda Changes:
o   Mike Hanks & Marc Wilcutts presented proposed house plans for review. Plans are being proposed for Oak Knoll Phase 11. Developer/realtor wanted to get a feel for what types of plans the Oak Knoll Design Review Committee desired for future development in the Oak Knoll area. Plan packet reviewed by board, preliminary feedback given. Packet will undergo more complete review by Design Review Committee, with feedback to developer/realtor provided promptly.
o   Mike mentioned that AMT Resources & City entered into agreement: City will not “final” a house until street trees are planted.
o   Marc wanted to know if Board would approve installation of white vinyl fencing in front yards. Board preliminarily rejected installation of white vinyl fencing in front years, as the desire of Board is to allow NO front yard fencing.
·      Old Business – The Wall
o   Ken received bids for landscaping “The Wall”
§  7 Dees $1800
§  TDP $800
o   Board reviewed and rejected bids. Discussion ensured regarding Board completing landscaping on a volunteer workday basis.
·      Street Tree Update:
o   Gerald reported street trees ordered, delivery set for Friday, October 13th
·      Treasurer’s Report
o   Water use has exceeded budget projections. Ken updated Board on irrigation repairs…7 Dees found a leak and repaired it, but not before a large volume of water had been wasted. Board asked Ken to have 7 Dees shut off all irrigation water ASAP. Will be done after 7 Dees feels that all new Foothills street trees are “heeled in.”
o   Gerald asked for Board action on setting due dates for Dues payments.
o   Discussion – Dues billed in March, no split payments, full payment due by May 15th. Discussed possibility of hardship cases. Some may be reviewed case-by-case. Association dues are not exorbitant based on other homeowner associations members are familiar with.
·      Summit Wall Sign
o   Summit wall sign at Knoll Drive and Oak Knoll Court intersection on hold pending funding. No bids requested/received/ Review at next meeting if possible.


 November 14, 2000 Meeting Minutes:
·      Trees:
o   Talked about sending letters to homeowners about missing trees – can’t commit until we have more money. Gerald handed the project to Ken to work on.
o   Trees look good down Foothills (planed in October by 7-Dees)
o   Barb Mingay called about the trees – said they were not the right species – explained to her about the issue with the species
·      New Development
o   OKN 11 – now recorded 20 homes
·      Landscape:
o   Turned off irrigation


March 13, 2001 Meeting Minutes:
·      Financial Report:
o   For Annual meeting, prepare to explain the movement of $$ out of and back into the reserve account
·      New subdivision development
o    Sunnyridge will NOT become a part of Oak Knoll Homeowners Association
·      New Business
o   3 Board positions will be vacant: Ken, Wayne, Kris
o   Avamere – schedule for Annual Meeting, provide refreshments. In 2000, cost was $200


July 2001:
·      Four new Board members have been added due to some term rotations and resignations.
·      Louis Larson and Tucker Johnson were voted in at the last monthly meeting.
·      Patti Baker and Bob Van Vlack were confirmed at the June monthly meeting.
·      “You may have noticed the damage to the Oak Knoll sign at the entrance on Foothills Drive…There has been interest in moving the sign to the west side of the circle on Foothills Drive and re-landscaping that area.”

July 10, 2001 Meeting Minutes:
·      Members’ Concerns:
o   Mendenhalls own rentals in Oak Knoll, and had placed “for rent” signs on property. CC&Rs prevent such signs. Mendenhalls asked if there was any way to insert flexibility into CC&Rs. Larson explained process for modification. May be done, but takes time.
o   Troy Spurlock sent letter to Board, & Troy attended meeting. Fisher had already answered some of Spurlock’s questions. Board agrees to change name of contingency fund to reserve fund to meet ORS requirements.
o   Brown asked Spurlock which rules applied to OKHA. Planned Communities, Chapter 97. Brown will attempt to obtain copies for Board.
·      Louis Larson has contacted Land Use Attorney re: strength of CC&Rs & what enforcement options exist. Atty said OKHA can obtain remedies from Court via suit, as last resort. Some instances of just performing work and billing homeowner (i.e. landscape, fence maintenance, etc.)
·      Regular Business
o   Debra Randall can perform tasks above & beyond contract for a fee. Board will review work needed, and evaluate outsourcing to Randall.
o   Motion to have Randall perform all dues bulling functions @ $25/mo. 2nd. Approved. This will reduce workload on Treasurer.
o   Motion to have 7 Dees evaluate removing existing tall shrubs from traffic circle and re-plant with native, low-maintenance & low growing ground cover (i.e. kinickinick) to improve visibility. 2nd. Approved. Pohlschneider will coordinate & report back to Board.
·      Complaints – Van Vlack
o   A lot of landscape issues. Know the drill now. After 30 day notice (written) VanVlack & Pohlschneider can coordinate with 7 Dees to clean sites up.


July 14, 2001 Letter from the Board of Directors:
·      Four new Board members have been added due to some term rotations and resignations. Louis Larson and Tucker Johnson were voted in at the last monthly meeting. Louis will be this years V.P. Also, Patti Baker and Bob Van Vlack were confirmed at the June monthly meeting.
·      You may not realize it, but your association may be the only thing that protects the value of your home and this neighborhood we live in. That is why the Board has directed the Compliance committee to move forward in enforcing the CC&R’s. What this means is that each Lot owner in Oak Knoll shall be expected to maintain their yards in a “reasonably clean, neat, attractive and visually pleasing manner so as to not detract from Oak Knoll being a high-class residential neighborhood.”… By signing that document each purchaser of a home in Oak Knoll agreed to abide by those Codes, Covenants, and Restrictions.
·      There are other sections of the CC&R’s that will be enforced by the Compliance Committee from this time forward:
o   Section 3.6 – “No trucks rated in excess of one (1) ton”
o   Section 3.7 – “No personal property such as trailer, recreational vehicle, boat, camper unit or tent shall be placed, stored or parked on any Lot, or in any part of Oak Knoll for a period of time in excess of fourteen (14) days in a calendar year”
o   Section 3.8 – “No private vehicle parking shall be allowed on any street.”
o   Section 4.6.7 – “Street Trees. Each Lot shall have installed on it the number and type of street trees required.”
o   Section 8.3 – “The duty of every Owner of any Lot in Oak Knoll as to maintenance and repair shall extend and include the area between the property line of any Lot and the nearest curb.”
·      The Association will be exercising its right under Section 8.3 when non-compliance situations are brought to our attention. This Section states that “The Association shall have the right to, upon the giving of a thirty (30) days written notice and having received no response from the owner of any lot who fails to comply with the standards and provisions for maintenance and having knowledge that said owner has in fact received such notice, enter into said lot and accomplish such maintenance, such as mowing unsightly areas or pruning of planted trees or bushes that impede views, painting or repairing fencing and such other work as is reasonably necessary to effectuate compliance with standards of maintenance. Costs incurred for such repairs or work shall be paid immediately by the non-complying owner after presentation of a billing.”
·      You may have noticed the damage to the Oak Knoll sign at the entrance of Foothills Drive. We have been in contact with the insurance carrier for the vehicle responsible. As soon as a settlement is complete a decision will be made to either make repairs or relocate the rock sign. There has been some interest in moving the sign to the west side of the circle on Foothills Drive and re-landscaping that area. If the decision is to move it, its present location would be restored to its original state.
o   Letter signed by:
§  Gerald Fisher, President
§  Louis Larson, Vise President
§  Clayton Brown
§  Kristin Puhlschneider
§  Howard Pitts
§  Timothy Hatton
§  Patti Baker
§  Bob Van Vlack
§  Tucker Johnson

August 2001:
·      “One of the items that will be included in the newsletter will be in reference to different sections of the CC&Rs…The larges number of complaints have been in regards to the poorly kept properties as you enter on Foothills Drive off College.”
·      The parking of cars on the street is part of the CC&R’s that the board will continue to address. The Newberg Police talked to us about that and gave some very logical common sense reasons to part cars in your driveway or preferably in the garage. When your car is parked on the street it is an easy target for vandalism and theft. Also it makes it more difficult for fire engine to access your house in the case of an emergency.

August 14, 2001 Meeting Minutes:
·      Several association members attended the board meeting. Many had received landscape correction notices, and wanted explanations. These included: Martin Millages, Joel Murrays, Norm Paulsons.
·      Larson explained reason for landscape correction letters, and explained that the wrong letter was mailed.
·      Board Meeting:
o   Fisher reviewed Bylaws regarding board member attendance. If a board member misses two (2) meetings, they may be asked to resign.
·      Landscape Update
o   Auto accident on corner of Foothills & College damaged Oak Knoll sign. Insurance paid to repair/replace. Bids were solicited and several received, and are on file with coordinator.
·      Discussions not documented on official meeting minutes:
o   Budget – no contingency for reserve account and they admitted no money has been going into the reserve
o   Joel – Billings, talked with CPA, certified mail to about 50 homes still past due on Dues
o   Board’s excuse for doing nothing on CC&R complaints due to board’s turnover rate. Everything shelved and they start over. That is why things have been prolonged.

April 2002:
·      “As spring has sprung, you’ll find many of us enjoying the nicer weather out in our yards. Enjoying? Oh no, what is that pile of poop? If your pet is in the habit of going out unescorted, please be aware that many of your neighbors may be harboring some ill thoughts. We are asking all pet owners to remember that dogs should be leashed for their own safety as well as for the consideration of others. If you walk your dog, please carry along a handy dandy poop-gathering bag.”

June 11, 2002 Meeting Minutes:
·      Open Member Discussion:
o   Bob Van Vlack brought his concern regarding the visibility of trash, recycle and green waste cans to the attention of the Board. Bob requested the Board consider monetary fines be assessed to homeowners where waste cans were visible.
·      Board Positions:
o   Linda Hanson                                    President
o   Gary Heckman                       Vice President
o   Joel Murray                            Treasurer
o   Martin Millage                       Secretary
o   Patti Baker                             General Director
o   Lynette Osbourne                 General Director
·      Secretary’s Report – Linda Hanson
o   Minutes of May 2002 OKHA meeting were not available. Both April & June Minutes will be presented at the July meeting.


July 2002:
·      “The goals of the Board of Directors this year are to maintain and improve our common landscape areas, to increase association committee neighborhood participation, and to assist homeowners with knowledge and information regarding the CC&Rs, (especially in how the CC&Rs provide homeowners with general rules and regulations to live in a planned community).
·      The Board is here for the common good of the community…The Association is here to support our neighborhood.
·      Please be a responsible pet owner and keep in mind that your wandering pet may be providing the next meal for our local coyote population…Keep your animal(s) away from your neighbor’s property. If you are unable to restrain your animal(s), do realize that you are responsible for any deposits they leave behind and for any damage they may cause. As always, association members that have concerns with their neighbor’s pets need to work these concerns out between themselves. If you cannot do so, you may need to turn to the local police animal control or legal action.

July 9, 2002 Meeting Minutes:
·      Members Open Forum
o   Pointed out that OKHA is responsible for maintaining alleys along Foothills. CC&R 7.3
o   Requested that landscaping service start mowing after 8 AM due to new baby. Lynette will contact landscaping service and request schedule change.
o   Inquired as to who was responsible for weeds behind fences on College / 219. It was decided that owners were responsible for weeds on their property. Also, some of the properties in question lie outside of OKHA. Patti Baker will be contacting the City to assist with weeds on City property.
o   Concerns were raised about neighbor children using downhill streets unsafely, and deliberately obstructing traffic.
o   Enquiry (sic) as to when missing trees on Foothills will be replaced. Lynnette to check with landscaping service.
·      Old Business
o   Seven Dees is working to install a Unique Irrigation System and is getting estimates.
o   It was noted that substantial savings on water usage have resulted from the repair of the irrigation.
o   Traffic Safety – City is not in favor of painted crosswalks
·      On 06/11/02, Bob Van Vlack raised a concern about the new large recycling / yard waste bins supplied by the Newberg Garbage & Recycling Service. It was suggested that keeping these in front of the house was a violation of the CC&Rs, and that compliance should be enforced by levying fines against the homeowners. The board discussed the fact that such large and numerous containers had been delivered without consent of the owners, and that they were not considered at the time the CC&Rs were written. The board unanimously decided that the standard would be that the containers must be kept in a neat and clean manner if they were visible from the public streets. The board also unanimously decided that attempting to issue fines would not be considered a useable enforcement technique at this time.
·      New Business
o   Copy Card: It was unanimously approved to obtain a $150 prepaid copy card from Mail Boxes Etc. This will give the board the ability to make 3 cent copies for OKHA business.

August 13, 2002 Meeting Minutes:
·      Old Business
o   Treasurer’s Report. July balance - $2,879.71, reserve account balance - $2,565.84. Dues payments as of July – 90 current, 124 outstanding.
·      Committee Reports
o   The city engineer stated that the Foothills and College intersection does not warrant a signal at this time. They were unaware of any money paid by the developer for this purpose. ODOT controls this intersection. Gary suggests he and other committee members put together a report showing need to present to the proper authority.
o   An assessment may need to be levied on all homeowners to obtain adequate funds to complete the irrigation fix. Linda suggested a full board vote when all members are present.
o   Lynette will look into when the trees will be replaced on Foothills.
o   The landscape crew early start issue has been resolved.
o   The Compliance Committee currently has no chair due to a Board resignation.
o   ODOT is responsible for weeds on College between Foothills and Bell Rd. Contact made – no response yet.

September 2002:
·      Notice of Assessment:
o   The current Board is aware that many homeowners might not have received a formal notice of this fee…The Treasurer is providing a letter to those whose fees have not been paid.
o   Due to a lack of funds for mailings, there will be no further notices. You can avoid further Board action by sending your payment…


December 23, 2002 Letter from the Board of Directors:
·      “After many months of discussion, careful consideration of feedback from you, and thorough investigation into all viable options, your Board of Directors has voted to outsource the management of our Association.”
·      “As members of this Association’s Board of Directors, we are, first and foremost, your neighbors. We respect every individual owner’s thoughts and concerns, and feel that this move takes the majority of those into consideration.”
·      “The company that we decided to use is Northwest Community Management Company, headquartered in Tigard, Oregon.”
·      “Another benefit will be their guidance for running the Board, based on their decades of experience in the field of community associations of all kinds.”
·      “With the expertise that Northwest Community Management Company offers our Association we expect that the quality of our neighborhood will be improved.”
·      Signed by:
o   Gary Heckman
o   Joel Murray
o   Martin Millage
o   Lynette Osbourne

January 21, 2003 Letter from Board of Directors:
·      A general meeting of the Oak Knoll Homeowners’ Association is planned for 7:00 pm, Tuesday, February 11, 2003 at Avamere. On the agenda will be a review of the planned hiring of Northwest Community Management Company to provide management services for OKHA. A representative of the company will attend to answer directly any of your questions. Following the review a decision will be made on the basis of a majority vote of members present whether or not to contract for their services.
·      Based on this information the Board of Directors unanimously recommends the hiring of NW Community Management to help all of us maintain our pleasant and comfortable neighborhood.
·      If time allows, discussion will also be held on ways and means of enhancing Association Board and committee membership. There are currently three Board members and no committee participation. We need help.
o   Signed: Gary Heckman, Joel Murray and Lynette Osbourne

February 11, 2003 Meeting Minutes:
·      Meeting called to order by Gary Heckman. He stated the purpose of this meeting was to discuss and vote on whether or not to hire NW Community Management to assist the Board in conducting Association business.
·      A motion was made of Lou Larson and seconded by Russ Miller to take a vote of the members present on the hiring of NW Community Management. Vote was taken – 25 for hiring with 4 opposed. Motion carried.
·      In addition, three Association members volunteered and were accepted to serve on the Board – Armen Changizian, Lou Larson and Brenda Haugen.


March 11, 2003 Meeting Minutes:
·      Gary reviewed the decision to hire Northwest Community Management to manage association business. He said he expected to initiate the contract within five days at the earliest.
·      It was hoped by all present that the management company will make an extra effort to bring all rental properties into compliance. It was also suggested that renters be included in community activities to hopefully inspire a willingness to comply with the CC&Rs.
·      Regarding CC&Rs, Armen Changisian reminded board that with a 75% vote of homeowners we could alter the CC&Rs to the comfort of all concerned.

April 8, 2003 Meeting Minutes:
·      Old Business
o   Lou Larson reviewed his appearance at the planning commission where he presented homeowner concerns regarding the impact of continuing home construction on the neighborhood. The main concern is water runoff and subsequent erosion problems. Lou felt it important to make the concerns a matter of public record to facilitate follow-up on any action the city may take. He noted our association with 220 homes packs some political clout.
o   Discussion was held on the plan to deliver a copy of the CC&Rs along with the NW Community Management welcome letter. The neighborhood was divided up among the board members who will hand deliver the material. Gary will contact Armen to check the status of the copies of the CC&Rs he volunteered to run off.
·      New Business
o   General discussion was held regarding the continuing vacancy of the commercial building on the corner of College and Foothill. The belief is that Avamere owns the building and maintains control over the property as long as the building is vacant. Various stories have been circulated regarding Avamere rejecting a mini-mart at that site and the City rejected a cafĂ© proposal.
o   The homeowners present agree it is an eyesore upon entering the neighborhood. Further history and future plans would be welcome.
o   Eric requested a time to take a neighborhood tour with the board members to ascertain CC&R compliance issues.
o   Eric (NWCM) reviewed ideas to promote proxy return. In order to facilitate resolution or amendment passage he suggested dropping the quorum figure from 75% to 25-30%
o   Discussion continued regarding Board and NWCM interaction.

May 13, 2003 Annual Meeting Minutes:
·      Election of Directors:
o   Discussion was held on the quorum status for this meeting. Thirty-five voting members including proxies ere counted, half of what is needed for a voting quorum. There are 222 homeowners requiring 66.6 – voting members for a quorum.
o   It was agreed by those in attendance to accept nominations and volunteers for the open board position and appoint those people to the board.
§  Appointments include: Linda Hanson, Bob Ehmann (Kathleen Mace), James Meenahan and Tony Roos
§  Standing board members who will continue to serve are: Brenda Haugan, Joel Murray and Lou Larson
§  Joel Murray moved and Mary Wheeler seconded that the homeowners present approve the appointed and standing board members. Motion carried.
·      Financial Report and Budget Review
o   The financial report and budget review will be postponed until the next regular board meeting. The OKHA bookkeeper has not yet transferred the needed information to NWCM. Assessments have not yet been mailed but will be soon.
·      Committee Sign-Up
o   There have been no committee members other than board representation on any committee. Volunteers were requested.
o   Landscape, Design and Compliance – NWCM will field all complaints and design plans and work with the landscape maintenance people in conjunction with OKHA. The board will make any final decisions based on NWCM recommendations. Bob Ehmann will represent the board on this committee.
·      Old Business
§  The only ongoing old business regards the management company and its takeover of OKHA affairs and has been discussed thoroughly at previous meetings.
·      New Business
o   From the floor came a request to change the CC&Rs to reflect the city ordinances regarding parking of cars on the street. It was noted that a 70 percent quorum of homeowners are needed to change the CC&Rs. Discussion was held regarding the city’s enforcement policy.
o   Gary Heckman, as outgoing President, made three recommendations to the new Board
§  Refine the CC&Rs to include
·      A fine system and schedule for non-compliance
·      Initiate the feasibility of placing a cap on rental properties
·      Seek to lower the quorum requirement from 70 percent to 30 percent
§  Discussion followed.


June 10, 2003 Meeting Minutes:
·      Old Business
o   Appointment of New Board Members
§  Greg Meenahan, Tony Roos with Bob Ehmann as alternate. Moved and passed.
o   Election of Board to Offices
§  President:                  Lou Larson
§  Vice President:          Greg Meenahan
§  Treasurer:                  Brenda Haugen
§  Secretary:                   Linda Hanson (non-Board member)
·      Treasurer’s Report:
o   Joel Murray noted no information had come from the past CPA. Northwest Community Management Company (NCMC) is now in possession of all OKHA funds, payables and receivables. Joel is proceeding with a request for refund on previous CPA fees from September of 2002 to present.
·      Board Comments:
o   Lou Larson addressed the Board and those in attendance regarding the legal mandate of the Board to follow the CC&Rs. It is the goal of the Board to protect and increase the value of the property of the residence and the Association.
·      Review & Adoption Issues:
o   Fine Schedule – Letter amended in Section 3 to request signature return receipt for the letters mailed. Moved and adopted.
o   Violation Letters – moved and adopted.
o   Rent/Lease Rules Resolution – Moved and adopted. The Chair recognized a statement of community concern from Tony Roos on this adoption. So noted.
o   Attorney Selection – A.R. Vial of Portland was selected. Moved and passed.
o   Document Review of $750.00 Intent Fee for attorney – Motion to table this issue until the finances of the association have been made available. Motion tabled.
·      New Business:
o   HOA Web Site – Motion to table this issue until the associations finances have been reviewed. Motion tabled.
o   Pro Tempore Committee formed of Brenda Haugen and Tony Roos to look into the sprinkler system repairs to date accomplished by Seven Dees Landscaping.
o   Tim Hatten of 1018 Hillsdale Dr. brought question to the Board regarding the budget and a quorum at the Annual Meeting.

July 8, 2003 Meeting Minutes:
·      Open Communication:
o   Karen Spear requested clarification/guidelines for lawn watering & fertilizing. Greg Meenahan provided the guidelines.
o   Ken Mattock inquired as to the procedure for learning of the status on complaint issues and the timing of resolutions. Greg Meenahan advised for specific violation to request information of NWMC.
·      Treasurers Report: Brenda Haugen -
o   Checking Account:     $4,910.59
o   Money Market Fund:            $9,000.00
o   TOTAL ASSETS:         $13,910.59
·      Old Business:
o   Greg Meenahan advised past compliance researched. Tree documents found. Priorities have been set and violation letters are being sent via NWCM.
o   Lou Larson advised trees that had not been planted by the City should…request in force by the Board for the City to complete its tree obligation.
·      New Business:
o   Roberts Rules of Order – Postponed until next meeting
o   Request from NWMC regarding acceptance of the following by OKHA Baord:
§  Lots not legally bound to OKHA be removed from the billing schedule
§  Blanket authorization to send requested documents with regard to resales in the community
·      Motion moved and passed to accept items 1 & 2 above
o   NWMC also noted as of 7/2/03 (52) violation letters had been mailed
o   Finance letter of 6/6/03, from Tina Brown has now established the finances to move forward for the association
·      Resignation of Joel Murray from Board – moved and accepted
·      Nominating Committee of Lou, Greg and Brenda was formed to seek new board member

August 2003:
·      Parking and children:
o   “Though our neighborhood agreements (CC&Rs) don’t allow parking on the streets, Oregon Law has overridden this regulation, making it unenforceable. However, because cars parked along the street potentially block the visibility of smaller children running, riding, or skating into the street, we ask that you park in the garage or driveway whenever possible.”
·      Board Actions:
o   The Association has about $13,910.59 in its accounts.
o   Accepted the resignation of Joel Murray, as he will be moving on. A nominating committee was formed to find a replacement for him.
o   Lots not bound to the Association will be removed from billing. These are Lots C-1 through C-8, Lot 128 (no CC&Rs recorded) and Lots G1-G6 (not annexed to Oak Knoll HOA).
o   Authorized a request from NWMC to send out requested documents with the resale of lots in the community, i.e. meeting minutes, insurance confirmations etc.
·      Covenants and Requests
o   Action on Complaints:
§  52 non-compliance letters were sent out in July. Please, let us all try to avoid non-compliance problems.
§  The Board says that trash cans must be out of view of the street. Please comply with this.
o   If you have any complaints about compliance by association members with the conditions, covenants and restrictions (which we all agreed to when the home was purchased, and came with the deed to your home), please contact your association’s management company…
·      “If you need a copy of the CC&Rs, you may:
o   You may request a copy from Northwest Community Mgt. Co. at a cost of $25.00 payable in advance.
o   See if your neighbor has a copy you can borrow or request it be emailed in Word 97 document from: macehmann@yahoo.ciom


August 12, 2003 Meeting Agenda:
·      Call to Order
·      Review Minutes of the July 8, 2003 Meeting for Board Approval
·      Old Business
o   Roberts Rules of Order – Greg Meenahan
·      New Business
o   Request by NWMC for consideration of a monthly meeting date change due to the difficulty in completing the financial statements in time for the Board’s review prior to the current meeting date
o   Compliance time frame for Non Owner Occupied Lots to provide the Board with the Rental Profile form and a copy of the certification of delivery of the CC&Rs, Bylaws and Rules & Regulations to each of their tenants

September 2003 (1):
·      Covenants and Requests:
o   “The prosecution of the citations previously issued is continuing. The Board has held hearings for those who requested them.”
·      Board Actions:
o   Tabled the Noise Amendment to the CC&R’s until October 21st meeting.
o   Is having the Budget Committee prepare the draft budget for 2004 – 2005. Brenda Haugen chairs the committee.
o   Remember: the monthly meetings are changed to the 3rd Tuesday of each month.
·      Nominating Committee:
o   The nominating committee is looking for a person to fill the current board vacancy. Any one interested is encouraged to submit their name to Northwest Community Management Co. The committee will conduct interviews and submit a list to the board for consideration.


September 2003 (2):
·      Chair Thoughts:
o   Association members volunteering their time and expenditures are helping our community become a more attractive place to live. The following have done their part for all of us. Albert and Tammy Konze at 3239 N. Center St. struggled for several years with a lawn that just wouldn’t look the way they wanted. Last year they installed a new sod lawn. What a difference it has made!
o   Guy Rains purchased his home at 3306 Center St. this year. It used to be a rental property and never looked very good. Now it looks great! Now a marginal property is an asset to our community.
o   Rex and Lynette Osborne purchased their home at 3229 Center St. a couple years ago. This property never looked that great. Now it is a real addition to our area.
o   These are just a few examples that are making Oak Knoll an attractive neighborhood.
·      Board Actions:
o   Treasurers Report:   $18,509.55
o   The meeting date for the monthly meetings is changed to the 3rd Tuesday of each month. This is to allow financial documents to be received and accurately reconciled before the meeting.
o   Approved the landscaping extension for John Moore until October 31, 2003.
o   Landscape the starting time for maintenance will be after 8:30 am.

September 16, 2003 Meeting Agenda:
·      Call to Order
·      Officers Roll Call
·      Homeowner Appeals Hearing
·      Open Communication from the Floor
·      Old Business
o   Noise amendment to CC&Rs discussion
·      New Business
o   Board packet notes from NWMC Management Report
o   Landscape & Design Procedure


October 21, 2003 Meeting Agenda:
·      Call to Order
·      Open Communication from the Floor
·      Review Minutes of the September 16, 2003 meeting for Board approval
·      Old Business
o   Noise amendment to CC&Rs discussion – Tony Roos
o   McGraff House Program Request for Volunteers – Lou Larson
o   Board criteria evaluation for NWMC and visit to NWMC offices report
·      New Business
o   Board packet notes from NWMC Management Report
o   Board Discussion on the disposition of Oak Knoll 5 & 6, The Glen at Oak Knoll

December 2003:
·      Budget details given, total expenses $29,700.00
o   Professional management: $10,020.00
·      Board Report:
o   Heard a landscape design appeal and granted an extension until March 1, 2004.
o   “Received a report from Greg Meenahan on his visit to NWMC offices. Greg provided the Board with examples which he received on procedures and conduct of the Boards of other Homeowner Associations.”
o   Reviewed the annexation agreements and plotting plans for the Oak Knoll development presented by Lou Larson. Lou noted that Oak Knoll #10 had inadvertently been billed for annual fees in 2003. Oak Knoll #10 is not a part of the Oak Knoll Homeowner Association. The Board voted to refund any fees received from Oak Knoll #10 residents.

December 16, 2003 Meeting Agenda:
·      Call to Order
·      Officers Roll Call
·      Open Communication from the Floor
·      Review Minutes of the November 18, 2003 meeting for Board approval
·      Treasurers Report
·      2004 Budget – final & vote for approval, Brenda Haugen
·      New Business
o   Board packet notes from NWMC Management Report

January 2004:
·      Board Actions:
o   Extended the date to February 1, 2004, for building repairs to Kelly Stockton of 1218 Foothills Dr.
o   Approved Linda Hanson to fill the vacant position on the Board.
o   Discussed future annexations of lots to OKHA. This discussion will be taken up again in 2004.
o   Requested financial detail information from NWMC. This information will assist the Board in future decision making processes.

February 2004:
·      Board Actions:
o   There was active discussion of annexing additional lots to the association. This discussion is still continuing and was tabled until the next meeting. Several thought options are being pursued to make this annexation available to lots currently outside the association.

February 18, 2004 Meeting Agenda:
·      Motion for the Review of the association Bylaws and CC&R – attorney document review considering the annexation proposals and changes to the association documents bringing them current with Oregon statutes.

April 2004:
·      Covenants and Requests:
o   “Planning to change the landscape design in your front yard or other areas that can be viewed from the street or alley? If so, did you know you were required to submit a plan to the Design, Landscape & Compliance Committee?
·      Special Request:
o   The board is looking for some accountant member to review the Association’s financial documents with the Board. If you are interested, please let a board member know.
·      Board Actions:
o   The Board is reviewing the information on the Renal/Lease Resolution and will have discussion on it at the April meeting.
o   “The Street Tree project has been given back to the city regarding species and planting of the trees. The Board will monitor the City as to how and when the correct species of trees will be planted.”

May 2004:
·      Board Actions:
o   CC&R’s and By-laws were provided to current residence of 1312 Foothills Dr. and 3220 Ivy Dr.
o   The meeting signs for association meetings are nearly complete. The Board and community extend thanks to Tony Roos for all his work to provide the signs.

June 2004:
·      Covenants and Requests:
o   In our Homeowner Covenants, parking of RV’sm utility trailers, boats, pickup campers and shells are limited to a total of 14 days in any one calendar year on the street, driveway or any parking area. The City of Newberg provides for only 3 continuous days of parking of these. Please be a good neighbor and comply with this rule.

July 2004:
·      Covenants and Requests:
o   6.1 No signed or other advertising device shall be erected or constructed upon or placed within or on any Lot, House, building, structure or in any areas or part of Oak Knoll except one (1) sign not larger than eighteen (18) inches by twenty-four (24) inches advertising such House for sale.
o   Because of the numerous complaints regarding the number and placement of signs throughout our neighborhood, Northwest Management will be enforcing Section 6 of the CC&Rs more diligently. The most common violations are garage sale signs, however other signs that are commonly see are “For Sale” and “For Rent” signs, whether they are on property being rented or not will be considered a violation. The only exception to this rule is the use of political signs, which are considered a form of speech.
o   Offending signs will be removed and a letter of violation will be mailed to the homeowner, indicating that a violation has occurred, that a hearing is scheduled for a specific date, and if the violation occurs again, after the hearing date, a fine of $100 per occurrence will be assessed against the owner of the property.
·      Board Actions taken on June 10, 2004:
o   Brenda Haugen was appointed to the Board to fill the current open Director position.
o   The Board elected officers for the coming year:
§  President: Lou Larson
§  Vice President: Greg Meenahan
§  Secretary: Linda Hanson
§  Treasurer: Brenda Haugen
§  General Director: Tony Roos
o   The following motion(s) were passed:
§  Suspending payment to the Reserve Account for the remainder of 2004.
§  Replacement of a missing tree on Foothills Drive.
§  Changing insurance handlers to Insurance Exchange, Inc.
§  Increasing our insurance deductible to $2,500, and removing the terrorist coverage


August 2004:
·      Chair Thoughts:
o   This week the association received some good news regarding a collection on a lot for delinquent dues and CC&R violation fines. The total owed was $4,321.00 and we recovered $2,042.00. The home was foreclosed because of default on the mortgage and for the mortgagee to secure a clear title a settlement was negotiated by our management company and attorney.
·      Board Actions on July 20, 2004:
o   Two tree replacements have been scheduled for late fall on Foothills Drive.
o   “The Board is asking for members to have input on the landscaping of the traffic circle at Foothills Drive and Center Street. This circle has been the subject of numerous concerns to the Board in areas of water expenditures, safety and child play hazard. This landscaping will be scheduled for 2005 and your input is greatly appreciated.”


September 2004:
·      Board Actions on August 17, 2004:
o   Following tabled discussions:
§  Tree species, counts and locations, filing fees for resolutions, joining the association voluntarily for adjacent properties outside the association, parking strip and landscape materials suggestions list, and the landscaping of the Center St./Foothills Dr. circle.
·      Chair thoughts:
o   City of Newberg took on the cost to improve traffic circle out of its capital improvement projects ($27,087.60).


October 2004:
·      Chair Thoughts:
o   During the past three months we have had quite a number of new homeowners take up residence here in Oak Knoll.
·      Board Actions on September 21, 2004:
o   The procedures for voluntary joining into the association were tabled until the February, 2005 meeting.
o   The Board will be addressing the suggestions for parking (sic) strips and landscape maintenance at the October meeting.
o   The Board thanked Showcase Landscape for the maintenance on a residence in foreclosure. Showcase did the maintenance at no charge to our Association.


November 2004 (1 & 2):
·      Board Actions:
o   The two missing trees on Foothills Drive are now approved for replacement.
o   Motion to prohibit fruit and vegetable bearing plants in the parking strips effective June 1, 2005 – passed.
o   Motion to adopt the new financial penalty resolution - passed
·      Total Units: 198
·      Assessment/Unit: $160.00
·      Assessment Revenue: $31,680.00
·      Expenses:
o   Water $5,000 (Irrigation on Foothills Drive)
o   Community Social events $500
o   Northwest Community Management $11,820
·      From the Board:
o   “At our last board meeting…several homeowners…were confused about the Architectural Review process…This confusion isn’t surprising because it seems each group of the Board members who have directed the Association have had differing views on this topic.”
o   “The reason that the Board has requests (sic) plans of homeowners who are significantly modifying their landscaping or the physical structure of their home, through the building of an addition…”
o   “If no plan is submitted and the changed landscape or home turns out to be not in harmony and consistent within the homes and landscaping previously installed in and on other Lots in Oak Knoll, the board (sic) could ask for specific changes.”
·      Board Actions on November 16, 2004:
o   Lou Larson’s resignation from the Board was accepted.

March 2005:
·      From the Board:
o   “At the last board meeting there was no action taken regarding our Associations change of management…Board is combing through the contract and continue to come up with important questions about service levels. The Board has three service levels to choose from:
§  Amplified – two drive-through inspections per month
§  Standard – one drive through per month
§  Cooperative – no required drive-through inspections required
o   “With NWCM we are currently paying $985/month…and averages two inspections per month
·      Treasures (sic) Report – January 24, 2005:
o   Checking Account                  $17,437
o   Money Market Fund                         $8,546
o   TOTAL ASSETS                      $25,983
·      Board Actions on February 15, 2005:
o   Motion to stop all violation letters – failed
o   Motion to have NWCM advise President of all violations before sending violation letters – Passed
o   Motion to change management service – Postponed
o   Motion to extend by 30 days the landscape deadline for 1200 E. Foothills - Passed


April 2005:
·      From the Board:
o   “At the last board meeting the motion to change management companies passed. The official change of management will take place on June 1st. This will allow the time necessary to move our records and to make the necessary changes with our bank…The Board chose the “standard” plan (but SCM agreed to two drivethroughs (sic) per month during the spring, summer and fall months).”
·      Treasure’s (sic) Report February 24, 2015
o   Checking Account      $3,802
o   Money Market Fund $26,049
o   TOTAL ASSESTS        $29,851


May 2005:
·      From the Board:
o   At last count there were over 100 missing (street) trees in our Association. During the April 19th meeting the Board discussed the ramifications off CC&R rule 4.6.7
§  “Street Trees. Each Lot shall have installed on it the number and type of street trees under any landscaping plan submitted by Declarant and approved by the City of Newberg. Each Owner shall pay to Declarant upon demand, the amount necessary for Declarant to install the street trees on Owner’s Lot. Upon receipt of payment, Declarant shall have the street trees installed. In the event an Owner fails or refused to pay Declarant the cost of the street trees, Declarant shall have a lien upon the Lot for the cost of the street trees, which lien may be perfected and foreclosed as provided under Oregon statutes.”
o   The problem with the Declarant putting in the trees and making the owner pay was that in most cases there was no owner, yet. Most of the homes in our neighborhood were built speculatively.
o   To confuse things just a little more there is also a city ordinance that states that a Final Occupancy Permit is not to be granted until the proper trees are planted. So, in parking strips (sic) where there are no trees the City was negligent in enforcing its own ordinance.
o   The Board feels strongly that all home owners (sic) should be treated equally. When a home owner (sic) submits a plan for changing the landscape design of their parking strips (sic), the board must require that the correct trees are a part of the plan.
o   The Board decided that it isn’t fair that people who don’t submit plans for landscape changes are not being required to plant trees.
o   But because we think the City was negligent by not enforcing the ordinance, instead of simply requiring all home owners (sic) to plant trees, it was decided that first we would attempt to work with the city to resolve the issue.
o   The Board has not decided what to do is we are not successful with the City.
o   If you don’t want to wait and would like to plant your trees now, the following is a list of tree types…
·      A Special Thank You:
o   Linda Hanson will be going off the Board after the next Board meting having served for the passed two years. She came on to fill a vacancy and has served as our Secretary ever since. Before that she served on the board in various positions, including as President.


June 2005:
·      From the Board:
o   As of June 1st, Superior Community Management Company is employed by our Association. (sic)
·      Annual Meeting:
o   Unfortunately, we were twenty home owners (sic) short of a quorum, so the meeting held May 17th was adjourned with no business taking place. We did take time to answer questions of those in attendance.
·      Treasure’s (sic) Report April 24, 2005:
o   Checking Account      $4,514
o   Money Market Fund $26,051
o   TOTAL ASSETS          $30,565
·      Board Actions:
o   None

August 2005:
·      Following is a list of homes that are not in the OKHA association (sic) that were supposed to be, but because developers failed to submit final documentation are excluded:
o   3220 Center St.
o   3408 Center St.
o   3419 Center St.
o   3509 Center St.
o   3230 Center St.
o   3409 Center St.
o   3501 Center St.
o   3510 Center St.
o   3500 Ivy Dr.
o   1001 Hillsdale Dr.
o   1006 Hillsdale Dr.
o   1012 Hillsdale Dr.
o   1018 Hillsdale Dr.
o   1100 Hillsdale Dr.
o   1108 Hillsdale Dr.
o   1112 Hillsdale Dr.
o   1118 Hillsdale Dr.
o   905 Hilltop Dr.
o   908 Hilltop Dr.
o   909 Hilltop Dr.
o   915 Hilltop Dr.
o   919 Hilltop Dr.
·      There are a total of 198 homes in the Association.
·      Treasure’s (sic) Report June 30, 2005
o   Checking Account      $900
o   Money Market Fund $26,089
o   TOTAL ASSETS:         $26,989
·      Board Actions in the meeting of July 19, 2005:
o   Motion to appoint Don Sasse to the Board: Passed
o   Motion proposed to amend CC&R’s Section 6 to allow temporary signs: Failed.

January 19, 2010 Meeting Minutes:
·      Managers Report:
o   3239 N. Meridian – homeowner is in process of removing the parking pad. Superior will send fine letter if it is not completed by 1/22/10.
o   Tree Planting on Foothills – Don Sasse was not available to provide an update on his conversation with Avamere so Superior will contact them about replacing the tree in their parking strip. Tony Roos said the trees recommended by Sunrise Landscape are of good quality and asked Superior to contact Sunrise to schedule the installation
o   Garbage/Recycle – the board affirmed their policy of allowing waste/recycle cans to be stored along the side of the homes but they are not to be left in the street or driveway after pick up day
·      Unfinished Business:
o   Alley repairs – tabled for a future meeting
o   Website – The Oak Knoll website www.oakknollhomeownersassoc.org is operational. Greg asked the Board to experiement with the various features and report any issues.
·      New Business:
o   The agreement with Vial-Fotheringham on the process for turning over fines for collection was reviewed and signed by the Board
o   The Board unanimously approved $99 to purchase an all-weather digital camera with a motion detector to be used by the board to capture proof of violations, in particular pet issues

March 16, 2010 Meeting Minutes:
·      Officer Reports:
o   Financials – The Feb. 2010 financials were reviewed and unanimously approved as submitted. There was a question about the landscape invoice. It was determined $490 was the regular monthly maintenance and $500 was for the tree replacement on Foothills Dr. The Board also asked that next yrs annual budget be mailed with the homeowners annual assessment invoice to reduce postage expense.
·      Manager’s Report:
o   809 Quail Dr. – the Board approved $30/mo. and is not waiving  interest or late charges. The Board asked Superior if next yr. homeowner’s could be provided with an additional thirty days to pay their annual assessment before late charges are assessed. Superior believes this conflicts with the association’s Collection Resolution but they will research and notify the Board.
·      New Business:
o   Linda Hanson asked who is responsible for the repair of sidewalks on Foothills if they are damaged by trees which (sic) the HOA maintains. Superior will research and provide the Board with an option.

April 20, 2010 Meeting Minutes:
·      Officer Reports:
o   Financials – The March 2010 financials were reviewed and unanimously approved as submitted. Tony asked for additional information regarding a certified letter charge. Superior will send the information to the Board.
·      Manager’s Report:
o   Board reviewed the HOA Resolution of Unpaid Charges and would like to extend the time for homeowners to pay their annual assessment before additional fees are assessed. Superior will review the HOA documents to see if the annual assessment can be billed in January with a due date of March 31 and notify the Board
·      Unfinished Business:
o   Alley repairs – tabled to June Board meeting
o   Sidewalk Repairs – Proposal from Sunrise Landscape was reviewed. Greg will contact Noel to see if price for removal of two trees and replacement of cement can be reduced
·      New Business:
o   1312 Foothills Parking Strip – Tony and Sunrise Landscape reviewed the parkway and do not think there is a leak in the sprinkler system. There has been no water consumption recorded on billings. Superior will contact homeowner and let him know he can install a maximum of three stepping stones, not to exceed 12” in diameter in the parkway between the sidewalk and street in front of his home. Installation must be flush to the ground.
o   Tony mentioned parking strips to be rutted. Greg will mention this to the landscaper when he contacts him about the sidewalks


May 18, 2010 Meeting Minutes:
·      Manager’s Report
o   Tree infestation on Foothills-Sunrise Landscape will investigate and report back to the Board on what needs to be done
·      Unfinished Business:
o   Status of Foothills sidewalk project – Greg ssked SCM to contact the landscaper to see if the bid to repair the sidewalks can be reduced
o   Alley Repair – Greg asked SCM to obtain a couple of bids for the Board to review
·      New Business
o   Board appointments – Brenda Gaugen has agreed to continue to serve on the Board. Her new term will expire in 2013. The Board appointed the following officer positions for the next Board term:
§  Tony Roos – President
§  Don Sasse – Vice President
§  Brenda Haugen - Treasurer


July 20, 2010 Meeting Minutes:
·      Manager’s Report:
o   Tree infestation on Foothills-Arborist not sure testing will provide useful information so Board will not order tests. Board will ask Sunrise Landscape to contact arborist when tree is removed so he can see the roots to determine if root girdling is causing the trees to die
o   Tree replacement on Foothills-area at E. end of Foothills is very wet. Superior will contact landscaper to see if sprinklers can be adjusted or if he has other recommendations. No replacement trees planned for this area until water issue is addressed
o   Sidewalk repairs on Foothills – Board asked Superior to confirm if association has sufficient funds available to make the sidewalk repairs caused by the tree roots
·      Unfinished Business:
o   Alley Repair – Board unanimously approved DMR Concrete for SE alley repair. Bid is $5437.50. Superior will contact DMR to schedule the repair and notify impacted homeowners of timing and estimated financial impact to those living on this alley
o   Landscaper Performance – Superior will contact Sunrise Landscape about watering issues. Don had additional keys made for the irrigation vault which will be maintained by Superior.



August 17, 2010 Meeting Minutes:
·      Managers Report
o   Tree removal – Sunrise Landscape bid to remove and haul away 4 dead trees is $195 for large trees and $95 for small trees. To remove the trees and also grind the stump is $385 for large trees and $210 for small trees. The Board unanimously decided to wait on this project until the sidewalk repairs and alley repair is completed. Tony will contact an arborist to see if they are interested in working with the HOA to address various tree issues.
o   Sidewalk Specialists obtained approval from the city of Newberg to grind various sidewalk trip hazards on Foothills. The Board unanimously approved the bid for $948 to complete the work. There is on location at 715 Foothills where one panel needs to be replaced. The Board unanimously approved DMR Concrete to replace this panel for $150
o   The Board asked Superior to contact the owner of 1219 Oak Knoll Ct. to address the landscaping issues with the property
·      Unfinished Business
o   Alley Repair – DMR Concrete started the SE alley repair and found the concrete is 8-12” thick rather than the anticipated 6” so it has taken them longer to remove the entries and they have more to haul away. The Board unanimously approved an additional $300 for the project.
o   The Board unanimously approved billing homeowners who live on this alley, one payment due in 90 days, to pay the balance of the repair not covered by their reserves. It is expected the payment will be approximately $250 but the final amount will be determined once the project is completed. Late payments will be charged interest in accordance with the association’s documents.
·      New Business
o   No new business

October 19, 2010 Meeting Minutes:
·      Board Members Present:
o   Brenda Haugen, Greg Meenahan, Linda Hanson, Tony Roos (absent), and Don Sasse
·      Manager’s Report:
o   There were no pending projects or issues to report
·      Unfinished Business:
o   Tree Pruning – The Board asked Superior to obtain a third bid for the tree trimming on Foothills. Don Sasse will provide Superior with a name.
o   Landscape Repair – Greg recommended the Board ask the arborist selected for the tree trimming to give an opinion about the possible impact to street trees of the drainage proposal from Sunrise to repair the SE parking strip on Foothills.
o   2011 Budget Approval – The Board unanimously approved the 2011 Budget, increasing assessments to $225 per yr. with an additional $10 paid by homeowners living on the alleyways. Superior will draft a cover letter for Board approval.
·      New Business:
o   Linda suggested the Board post on the Association website that there will not be a Board meeting in December. Greg said he would take care of the posting.


November 16, 2010 Meeting Minutes:
·      Manager’s Report:
o   The motion was made and unanimously approved to rescind the prior approval of NW Tree Specialists to prune the trees on Foothills Dr. The Board unanimously approved Tree-ific Arbor and Landscape Care to do the work as they were the lowest bid at $5,200 and have done work for the city of Newberg
·      Unfinished Business:
o   The Board reviewed and unanimously approved the cover letter to be sent to homeowners with the 2011 budget after it is updated to include the information on the tree pruning bid that was selected

January 18, 2011 Meeting Minutes:
·      Manager’s Report:
o   Superior reported on the findings from the City of Newberg Public Works department regarding the excessive water in the parking strip between 1224 and 1324 Foothills. The city reported they found no signs of a water leak in the area. They checked the hydrants, meters, and mainline valves for any signs of a leak. They did agree the ground is soggy and indicated they would continue to check the area to try to determine the cause.
·      Unfinished Business:
o   Landscape Repair – The Board asked Superior to obtain bids from drainage specialists for a solution to the drainage problem in the SE parking strip on Foothills. The Board will provide Superior with the names of companies to contact
o   Tree replacement – The Board asked Superior to contact Tree0ific for a bid to replace the trees that have been lost on Foothills Dr. The proposal will be for trees of approximately 2 ½” caliper and will not include the area between 1224 and 1324 Foothills until the drainage issue has been resolved
·      New Business:
o   The Board discussed the letter and petition that has been sent from a homeowner in Oak Knoll to other owners in the association. The Board asked the association’s legal counsel to review the process currently used for funding the association’s reserve account and counsel confirmed the Board is complying with the governing documents and state states. The attorney states the following:
§  “Oak Knoll was formed prior to October 23, 1999. ORS 94.595(5)(a) provides that pre-October 23, 1999 Associations may ‘opt-in’ to the reserve study requirements in ORS 94.595(3)(a) but are not subject to those requirements (aka do not have to conduct a reserve study) unless and until they opt in. Pursuant to ORS 94.595(5)(a), your HOA has yet to ‘opt-in’ to the reserve study requirement. Thus there is no legal requirement that Oak Knoll conduct a reserve study.”


February 15, 2011 Meeting Minutes:
·      Unfinished Business:
o   Tree replacement – a motion was made by Don and seconded to approve the bid from Tree0ific to install three 2 ½” Caliper trees on Foothills Drive for $695. The motion was unanimously approved.
·      New Business:
o   A motion was made by Tony and seconded to obtain an opinion letter from the Association’s attorney on the Board’s long standing interpretation of the CC&Rs as it relates to the HOA being responsible for the maintenance of the street trees in the common areas (ie. Planter strips), especially as that interpretation is applied to sections 7.1 and 7.2 of the CC&Rs. After discussion, the motion unanimously failed and an opinion letter will not be requested. It is the Board’s opinion that section 7.1 clearly states that the common areas are clearly defined and that the planter strips include the street trees

March 15, 2011 Meeting Minutes:
·      Manager’s Report:
o   Superior informed the Board that Treeific is not able to obtain the 2 1/2 “ caliper trees from his original source. Andrew was found 2 ¼” trees from another company that are more expensive but he will absorb the additional cost. The board unanimously approved accepting the 2 ¼” trees for the same price as was originally bid
·      Unfinished Business:
o   Drainage issue at SE parking strip on Foothills – The Board asked Superior to contact ProGrass, Sunrise, and Aspen Landscape for proposals to solve the drainage issue in this area. They aslo asked Superior to contact Sunrise and ask them to take a look at the area and not mow if it is to wet and could damage the turf.
o   Tree replacement – A motion was made by Greg and seconded to approve the bid from Treeific to install three 2 ½” caliper trees on Foothills for $695. The motion was unanimously approved
·      New Business:
o   Lou Larson, a homeowner attending the board meeting, asked the Board for the legal justification for the Board’s decision to repair the sidewalks on Foothills when they are damaged by the street trees maintained by the HOA. The Board indicated they have reviewed the associations documents and discussed the decision with legal counsel and have made a sound decision that it is not necessary for the HOA to incur additional legal expense to amend the CC&Rs to specifically address this situation.

April 19, 2011 Meeting Minutes:
·      Managers Report:
o   Superior presented this year’s annual meeting notice and quorum requirements were discussed
·      Unfinished Business:
o   Drainage issue at SE parking strip on Foothills – The Board reviewed the proposals from Sunrise, Prograss, and Aspen Landscape. The Board asked Superior to contact the city to find out if the downspouts in the area drain to the street or underground before they make a decision on the repair
·      New Business:
o   There was no new business


May 17, 2011 Meeting Minutes:
·      Unfinished Business:
o   Tony asked Superior to contact Treeific to replace the dead tree on Foothills Tony will send Superior the address
·      New Business:
o   There was no new business

May 17, 2011 Annual Meeting Minutes:
·      Board Chair called for a Quorum.
·      SCM verified a quorum was not met; 26 attendees and proxies; 60 necessary. Due to lack of a quorum of owners, the meeting will be recalled for June 21 with a reduced quorum of 20% (40 owners)


June 21, 2011 Recalled Annual Meeting Minutes:
·      Board chair called for a Quorum
·      SCM verified a quorum was not met; 22 attendees and proxies; 40 necessary (20% reduced quorum)
·      Due to lack of quorum of owners at the second attempt to hold the meeting, the annual meeting will not be held

June 21, 2011 Meeting Minutes:
·      Manager’s Report
o   Records Retention – Unanimous approval to authorize Superior to destroy old records per ORS retention schedule…There are currently four boxes of records to review for destruction.
·      Unfinished Business:
o   Tree removal on Foothills – Unanimous approval to hire Treeific to remove the dead tree at 809 Foothills and grind the stump. Cost is $275. Tree will be replaced in the fall. Greg will contact Treeific to discuss timing and possibly adding some grass seed in the area until the tree is replaced.
·      New Business:
o   Appointment of directors: The Board unanimously appointed Don Sasse and Joe Bonaventura to fill the two 3yr terms expiring in ’14. Greg Meenahan resigned and Linda Hanson was unanimously appointed to complete his term which expires in ’12.
o   Officer Elections: The board unanimously elected the following board officers: Tony Roos, President; Don Sasse, Vice President; and Brenda Haugen, Treasurer. Superior will continue as Secretary for the Board meetings

July 19, 2011 Meeting Minutes:
·      Executive Session:
o   Motion was made and seconded to move to Executive session to meet with the Association’s attorney.
·      Unfinished Business:
o   Motion was made and seconded to have a homeowner meeting in September to discuss the need for a $5,000 special assessment to amend the Associations CC&Rs to clearly reflect the HOAs responsibility for maintaining street trees and sidewalks on Foothills Drive. The proposed amendment would also correct the location of the monument in the traffic circle and allow for the storage of waste and recycle cans alongside the homes. The motion was unanimously approved.
o   Superior will draft a letter to owners regarding the meeting and send it to the Board for review before mailing. The board discussed the importance of owner participation since the amendment will need approval of 75% of owners. The Board believes it is important to amend the documents since a literal interpretation could be made to have the HOA responsible for the maintenance of all street trees in the entire Association which would result in a significant increase in landscaping costs and owner assessments

September 20, 2011:
·      Unfinished Business:
o   Motion was made and seconded to amend the CCRs to address issues with trees and sidewalk maintenance, monument location and storing waste receptacles. After much discussion regarding the probability of obtaining 75% approval from resident, the vote was taken. Joe and Don voted yes. Brenda, Tony and Linda voted no. The motion failed. The Board will send a letter to homeowners regarding the decision with the 2012 assessment mailing. Combining the letter with the assessment will reduce mail expense.
·      Officer Report:
o   The August 2011 financials were reviewed and unanimously approved as submitted. Superior will sent (sic) the Board the September water bill when it is received.
·      Executive Session:
o   Motion was made ands seconded to move to Executive session to discuss delinquent accounts. Approval unanimous. Open Board meeting was reconvened at 9:00 pm
·      New Business:
o   Tony will mark irrigation control boxes and water meters on Foothills that have sunk below ground level so Sunrise can prepare a bid to raise the boxes to ground level
o   A motion was made and seconded for Superior to send a homeowner who made $25/mo payments in ’11, a letter indicating their 2012 assessments will need to be paid in full by the scheduled date
o   The 2012 draft budget was reviewed. The board asked Superior to change some expenses to bring the projected assessment to $195. Superior will make the indicated changes and resubmit the draft for Board approval.


October 18, 2011 Meeting Minutes:
·      Officer’s Reports:
o   Financials – Due to the absence of the Treasurer, discussion of the September financials was tabled until next month’s meeting. A couple Board members asked to meet with Superior to review the new format. Superior will schedule a meeting with Tina.
·      Unfinished Business:
o   Motion was made by Joe and seconded by Linda to approve the 2012 budget. The motion was unanimously approved. The annual assessment for 2012 will be $195 with an additional $10 paid by owners living on an alley
o   Discussion of the irrigation and water meter boxes was tabled until next month when Tony will be available to provide an update
o   Superior will contact Tree-ific for a bid to replace the tree between 801 and 809 Foothills and the tree near 1212 Foothills. Sunrise Landscape will replace the tree at 1225 Foothills after the excessive water issue is addressed
·      New Business:
o   Sunrise Landscape discussed the problems with the irrigation on Foothills. Noel will select one of the irrigation zones and put a bid together for relocating and changing some of the heads. It is expected the change will provide better coverage and use less water. Making the initial change in just one area will provide the Board an opportunity to compare water usage and appearance of the area before changing other zones. Noel will also install a new lock on the controller that will have better protection from the weather

November 15, 2011 Meeting Minutes:
·      Officer Reports: Financial Reports – The October financials were accepted and presented and the letter to owners regarding no special assessment was approved and will be mailed to owners with the 2012 budget.
·      Unfinished Business:
o   Superior will contact Noel at Sunrise Landscape to arrange a walk through with Tony and Don regarding the irrigation and water meter boxes on Foothills that need to be raised to ground level so Noel can submit a bid
o   The bid from Sunrise Landscape for $620 to replace two trees at 801 and 1212 Foothills was unanimously approved…The missing tree at 1225 Foothills is on hold until the excessive water issue in the area is addressed
o   The Board would like a drawing from Sunrise indicating the placement of the irrigation heads Noel is proposing to replace and relocate to improve irrigation. Superior will contact Noel.
·      New Business:
o   The Board would like a bid from Sunrise Landscape to install a 2.5’ trench, backfilled with drainage material, in the two ones where they are proposing to move the irrigation heads. Superior will contact Noel.

January 17, 2012 Meeting Minutes:
·      Unfinished Business
o   Superior confirmed two trees on Foothills have been replaced by Sunrise at a cost of $620. They have a one year guarantee.
·      New Business
o   A resident on Hillsdale asked the Board about parking his utility trailer in the HOA and the Board indicated he could part it behind his home so it is not visible from the street.

February 21, 2012 Meeting Minutes:
·      Hearing RE: Commercial Vehicle Violation
o   Request for a temporary variance for the parking of their commercial vehicle due to extenuating circumstances. Linda motion to allow until April 1, 2012 for an alternative parking situation to be found before beginning enforcement measures, Joe second the motion. The motion was unanimously approved.
·      New Business
o   Taxes – tony moved to approve Resolution for Revenue Ruling 70-604, Don second. The motion was unanimously approved. Taxes were signed.


March 20, 2012 Meeting Minutes:
·      New Business           
·      Commercial Vehicle Definition – Board to review at next meeting pending collection of additional information
·      Advanced Parking Compliance Letter – Joe moved and Linda seconded to accept letter. The motion was unanimously approved.

April 17, 2012 Meeting Minutes:
·      Officer Reports / Financials:
o   Collections - 3 accounts were approved to go to a collection agency rather than through the Association Attorney. Motion made by Joe and second by Brenda, all were in favor.

May 15, 2012 Meeting Minutes:
·      Unfinished Business
o   Commercial vehicle definition – Don moved to approve the following, Tony second. The motion was unanimously approved.
§  Definition of Commercial Vehicle:
·      (a) Is used for the transportation of person for compensation or profit. Examples include taxi, limo, bus.
·      (b) Or, is designed for use primarily for the transportation of property. Examples include semi trucks, tow trucks, pickups, vans or autos with equipment attached such as ladders or towing equipment such as trailers, cement mixers, etc.
·      A vehicle of standard size, e.g. Passenger car, van, or truck that has company logo is not automatically considered ‘commercial’ unless it is hauling or towing equipment or bears a commercial license plate.
·      At any time, if we see a vehicle and we’re not sure if it fits our examples, we should provide the board with the location or a picture and at least two board members will take a look and make the decision.
·      If a vehicle is designated ‘commercial’ by the Board, the owner much (sic) park the vehicle in their garage or driveway and it cannot hang over the driveway on the sides or sidewalk. If it is too big to fit in the garage or driveway, than it cannot be parked in the association.
·      New Business
o   Courtesy letters – use carbon forms, post on doors at time of site review. Check for clear wording indicating violation.

July (No Day Annotated), 2012 Annual Meeting Minutes:
·      SCM verified a reduced quorum was met; 40 attendees and proxies; 40 necessary; proof of meeting was provided
·      Election of directors: 2 positions open; nominated – Tony Roos and Linda Hanson, no nomination from the floor; vote taken – all were in favor, no nay’s, no discussion, unanimous approval vote closed
·      Insurance – Joe moved to approve change to American Family Insurance, Linda second, no discussion, unanimous approval. Motion passed.
·      Homeowner discussion:
o   Confirm cost of 2012 legal expenses
o   Has SCM been audited?
o   Status of Reserve funds.
o   Vacant homes – maintenance issues, policy
o   Garbage cans in sight an issue?
o   Hierarchy of governing documents?
o   Arborist services extended to individuals

August 21, 2012 Meeting Minutes:
·      Directors Positions:
o   Following elections at the Annual Meeting on July 17, 2012, the Board appointed the following Directors to the following positions and terms:
§  President:                  Tony Roos, exp. 2015
§  Treasurer:                  Brenda Haugen, exp. 2013
§  Vice President:          Don Sasse, exp. 2014
§  Director:                     Joseph Bonaventura, exp. 2014
§  Director:                     Linda Hanson, exp. 2015
·      Homeowners Open Forum:
o   No additional homeowners were present
·      Secretary Report:
o   No minutes were presented as the previous meeting was an Annual Meeting. Annual Meeting minutes will be presented at the 2013 Annual Meeting.
·      Treasurer Report:
o   Brenda reported the status of the operating and reserve account
·      Unfinished Business:
o   Tree pruning proposals – Will an arborist be on site or mark action to be taken prior to cutting? Do all bids include ‘haul off’ fees? How long will this activity take? Can individual owners co-ordinate with arborist to have their trees done at owner expense?
§  Tony motioned to defer pending additional information, Joe second, no discussion, all in favor
·      New Business:
o   Vandalism – 17 sprinkler heads along Foothills Dr. were damaged, police report was filed, costs to repair were $425
o   Avamere parking strip – Angela to contact Avamere Corporate office t get strip maintained
o   Compliance Violations
o   Reserve Study – Bids for review, Don moved, Brenda second, no discussion, all were in favor
o   Legal expenses for 2012 reviewed
o   Water usage to be reviewed
o   Hierarchy of Governing Documents, resolutions, and other topics for Board trainings

September 18, 2012 Meeting Minutes:
·      Treasurer Report:
o   Brenda reported the status of the operating and reserve account as stated in August 31, 2012 financials.
·      Unfinished Business:           
o   Tree pruning proposals – Linda moved to accept Integrity Tree Services bid, Don second, all were in favor. Motion to accept passed.
o   Reserve study bids – Don moved to accept Reserve Funding bid pending scope of services prior to signing. Brenda second, all were in favor. Motion to accept passed.
o   Commercial Vehicle – Definition of Commercial Vehicle as approved in May minutes to be sent to owners/residents in the newsletter being prepared.
·      New Business:
o   Vandalism – Angela to re-send reports to Board. All reported vandalism has been reported to police.
o   Sidewalks – Tony and Don to check condition of sidewalks.

October 16, 2012 Meeting Minutes:
·      Hearing RE: Boat/Trailer – Homeowner presented their case
o   After meeting in Executive Session, the Board:
§  Waived fines for violation of CC&R 3.7 with clarification to the owner that the 14 day limit is accumulated over a calendar year
§  Deferred decision on violation of section 3.7 (trailer parking behind fence) until the board defines definition of “Screened from Public View.”
·      Reserve Study - Don Sasse moved to approve WSSC for conducting a reserve study. Joe seconded, all were in favor. Motion to approve passed.

November 20, 2012 Meeting Minutes:
·      Treasure Report
o   Reviewed operating and reserve account as stated in October 2012 financials, and Collection status. Joe moved to approve, Don second, all were in favor. Motion to approve passed.
·      Unfinished Business
o   Comments on Draft Reserve Study – corrections discussed
o   Definition of “Screened” as it related to section 3.7 – Resolution to be drafted and distributed to Board.
o   Effectiveness of landscape work between Knoll and Aldersgate – pending further review
o   Sidewalk damage assessment – to be presented by March

January 15, 2013 Meeting Minutes:
·      Treasure Report
o   Reviewed operating and reserve account as stated in November & December 2012 financials, and Collection status. Don moved to approve, Joe second, and all were in favor.
o   Collection status reviewed.
·      New Business
o   Incorporate reserve study into 2014 budget
o   Improve landscape quality throughout association

February 19, 2013 Meeting Minutes:
·      Unfinished Business
o   Sidewalk inspection – expense to repair damages caused by tree(s) along Foothills will be paid by HOA
o   Definition of screening and enclosure in draft resolution for March board review
·      New Business
o   Taxes were signed. Resolution 70-604 was read, Don motioned to approve, Linda second, all were in favor. Approved.
o   Tree that had been removed to be replaced. Angela to contact Noel regarding replacement.

March 19, 2013 Meeting Minutes:
·      Unfinished Business
o   Screening and Enclosure Definitions: CC&R Section 3.7
§  These items will be decided on a case by case basis. Homeowners are to present an ARC application for Board review proposing how the owner will address these matters
·      New Business
o   Yard and Home Maintenance Expectations Resolutions to be placed on April agenda
o   Letter of recognition to be drafted by Angela for sending acknowledging yard(s) that are being exceptionally maintained.
·      Hearing
o   Hearing regarding a trailer violation was held. Tony motioned that effective immediately, further violations of CC&R Art. 3, Sect. 3.7 during 2013 by this owner will be fined $15 per day. Don second. All were in favor, motion approved.

April 16, 2013 Meeting Minutes:
·      New Business
o   Home maintenance expectations to be posted in June newsletter
o   Letters of recognition to be prepared and sent by Linda

May 21, 2013 Meeting Minutes:
·      Homeowners open forum (15 minutes max. allowed)
o   Tree (Zelcova) located on 1100 block of Foothills not the same type as others
o   Concern voiced regarding communication between owners
o   Trailers in association
·      Unfinished Business
o   Home maintenance expectations – pending further review
o   Evaluation of fixed operating costs – pending further review
·      New Business
o   Contractor Trailer – trailers to only be on site during working hours, removed at end of day

May 2013:
·      Reminders: Oak Knoll is a residential community, overnight parking of commercial vehicles is not allowed.
·      Storage of Recreational Vehicles, Boat Trailers, Campers, etc. must be behind your home or screened alongside your home. Parking in front of your home is limited to 14 days per calendar year and is for the intent of loading and unloading.
·      May 21, 2013 Annual Meeting
o   The Board would like to thank the few people that attended this meeting. It was a great opportunity to hear from the community what is going well and if there were any concerns.
o   There was not a quorum at the May 21st meeting so the Annual Meeting has been rescheduled for June 18, 2013. It is hoped that everyone is able to attend and make this meeting a success. There will be one (1) position open for the Board.


June 18, 2013 Meeting Minutes:
·      Balance Sheet through December 31, 2013
o   Checking Account      $13,719.51
o   Money Market Fund $31,106.43
o   Reserves General      $7,965
o   Reserves Interest      $1,055
·      NOTE: There is a version provided via website that did not include the above


July 16, 2013 Meeting Minutes:
·      Homeowners open Forum (15 minutes max. allowed):
o   Non-compliance issues
o   Modified sprinkler system, working well
o   Round-about, looks good
o   Need to change governing docs
·      Unfinished Business
o   Evaluation of fixed operating costs – review of reserve study pending
o   Sidewalk evaluation – pending
·      New Business
o   Play equipment in driveway – check governing docs regarding rules

August 19, 2013 Meeting Minutes:
·      Unfinished Business
o   Evaluation of fixed operating costs – review of reserves study discussion

September 17, 2013 Meeting Minutes:
·      Treasure Report
o   Retained earnings – to be used for Bad Debt expenses
·      Architectural Review Committee
o   ARC reminder should be sent to home regarding need to submit application prior to commencing with exterior alterations
·      Unfinished Business
o   Evaluation of fixed operating costs, 2014 draft budget, review of reserve study; Linda moved to approve draft 2014 budget with changes discussed, Don second, Tony abstained, no opposed. Motion approved.
·      New Business
o   Speed signs – Tony to check with City regarding requirements for installation of speed limit signage in Oak Knoll.

September 2013 Newsletter:
·      A majority of the association will see a reduction in annual dues…The largest factor in these changes is the result of a Reserve Study that the Association completed…The common elements (sic) that our association is responsible for is the following:
o   Foothills landscaping (includes grass and street trees)
o   Roundabout landscaping (including the Oak Knoll monument)
o   Foothills irrigation system
·      Reminders
o   As a homeowner, you are responsible to repair all damage to the sidewalks. The exception is the sidewalks along Foothills; the HOA will repair sidewalks damaged by the HOA maintained street trees.

January 21, 2014 Meeting Minutes:
·      Presidents Report
o   Tony moved to appoint Sarah for vacant Board position. Sarah agreed. All were in favor. Sarah will fill vacant position.
·      Treasurer Report
o   Collections status – pending report from Vial-Fotheringham
·      Unfinished Business
o   Sidewalk condition – areas needing replaced need cost estimates
o   Trees – Angela to get updated information from NW Tree Specialists regarding aphids, remove non-association expenses. Linda moved to consider these costs fro 2015 budgeting. Don second, all were in favor.
·      New Business
o   Cost for letter writing fee resolution to be looked into.

February 18, 2014 Meeting Minutes:
·      Unfinished Business
o   Annual meeting has been moved to May 2014. Notice reviewed, confirmed mailing in April with cover letter, newsletter, and last annual meeting minutes (draft). Reduce adjournment to 5 minutes.
o   Resolution for letter writing fee with cover letter showing stats to be drafted – Motion to approve made by Don, Joe second, all were in favor.
·      New Business
o   Email etiquette discussed
o   Linda gave report on CAI Event and importance of attending training. Add to budget? – Pending further discussion.

March 18, 2014 Meeting Minutes:
·      Unfinished Business
o   Violation letter charge resolution – reviewed and discussed. Linda motioned to approve resolution and cover letter with changes, Don second, all were in favor. Resolution approved.
o   Education line for the 2015 Budget – Tony moved to add line to budget, costs to be determined at later time.
o   Confirmed mailing of Resolution, Cover Letter, newsletter, and annual meeting notice by April 21, 2014 with last annual meeting minutes (draft).
·      New Business
o   Trash receptacles – Joe expressed concerns regarding appearance of association/visible trash receptacles. To be discussed at later time.

April 15, 2014 Meeting Minutes:
·      Treasurer Report
o   Collections status – Don motioned to have delinquent account, 3509 Ivy, sent to collection agency, Sarah second, all were in favor.
·      Unfinished Business
o   Sidewalks – multiple locations lifting throughout Association. Review by Safe Sidewalks pending.
o   Education line for Board Education to be added to 2015 budget
·      New Business
o   Fine waive requested presented – Don moved to fine $100 to cover costs incurred with addressing issue, Tony second. Sarah deferred due to lack of knowledge of issue. Motion passed.

April 2014 Newsletter:
·      From the President:
o   We have also passed a resolution (attached) to address the cost of preparing and mailing violations, hearing and fine notices being sent to homeowners (not including the courtesy notices). From now on, all costs associated with preparing violation notices, hearing notices, and fine letters will be billed to the violating owner. These costs get to be upwards of $30 per letter (preparation, certified letters, copies, etc.).

May 20, 2014 Annual Meeting Minutes:
·      No quorum, normal meeting took place
·      Treasurer Report
o   Collection status
§  Linda moved to send 3519 Burlington/Barron to PCS Collections, Don second, all were in favor.
·      Unfinished Business
o   Sidewalks – Safe sidewalks to review all HOA sidewalks and contact all owners to offer same rate as association sidewalks. Bid for HOA sidewalk work was approved pending additional information.
o   Education line for Board Education to be added to 2015 budget; discussion tabled for next meeting
·      New Business
o   Tree raising – Newberg Public Works contact (sic) SCM regarding trees need to be raised.
o   CA Day – Linda attended CAI event and gave report to Board and Homeowners

July 17, 2014 Meeting Minutes:
·      Treasurer Report
o   Collection status – deferred
·      Unfinished Business
o   Sidewalks – Approved pending additional review to identify cause at each location. Issues caused by trees along Foothills have been identified with purple pain. Angela to contact Safe Sidewalks to have repaired.
o   Parking – CC&R 3.8, deferred
o   Education line for 2015 budget, deferred
·      New Business
o   Request to Newberg Traffic Safety Commission to have the City paint the roundabout curbs red to denote ‘No Parking’ – Tony to draft letter.

July 15, 2014 Meeting Minutes:
·      Unfinished Business
o   Sidewalks – Previous month approved action suspended. Letter to owners to be prepared by Angela explaining CC&R 7.3 owners to maintain sidewalks according to Newberg City Code. Motion made and approved to follow CC&R 7.3.
o   Trees – The board directed Angela to get estimates on the root cutting and barriers to restrict further root growth. Joe motioned to approve action, Don second, all were in favor.
o   Parking – CC&R 3.8, Sarah moved that parking violations be reported to the police, Don second, all were in favor.
o   Garbage cans – CC&R 3.11, deferred
o   Education line for 2015 budget, deferred
·      New Business
o   Don moved to have legal counsel review request for 15 year documentation review and give opinion/recommendations as to what documents are not available to disclosure. Sarah second, all were in favor.
o   Don moved to have a resolution drafted to address costs associated with requests for review, to include legal expenses acquired for review of requests, etc. Sarah second, all were in favor.
o   Cover letter to be prepared.

August 19, 2014 Meeting Minutes:
·      Architectural Review
o   1106 Foothills – Stepping stones from curb to sidewalk; Linda moved to approve with condition that stones are placed below mowing elevation, are to be 16” x 16” blocks, owner to edge and keep maintained, Sarah second, all were in favor. Motion approved.
o   3204 Burlington – Landscape reviewed as possible non-compliance; The matter was reviewed by the Board of Directors and it was determined that the landscape is aesthetically pleasing and meets the intent of CC&R 4.6.6 in spite of no lawn whereas many homes within the Association, with lawns, are offensive and do not meet the intent.
·      Unfinished Business
o   Trees – Review of money reserved and annually budgeted for tree maintenance and replacement
o   Sidewalks - Upon further review of CC&Rs and past minutes by the Board of Directors, Sarah moved that the sidewalks should be repaired at the 27 identified locations and 3 worst offender trees causing damages to the sidewalks be removed and replaced.
o   Garbage cans, CC&R 3.11 – deferred
o   Education line for 2015 budget – deferred
·      New Business
o   2015 Reserve Study; Sarah moved to approve contract for an onsite reserve study by Reserve Study Update, LLC for $420, Linda second, all were in favor. Motion approved.

September 16, 2014 Meeting Minutes:
·      Treasurer Report
o   August financials report has been deferred until October meeting
·      Unfinished Business
o   Trees – discussed need for root barrier installations with new plantings. Discussed need for consistency along Foothills. Replacement trees to be Zelcovas.
o   Newberg tree list discussed
·      New Business
o   Special meeting: open house budget discussion meeting scheduled for October 7, 2014 at 7:00 p.m. Location to be confirmed.

October 21, 2014 Meeting Minutes:
·      Homeowners open forum
o   Comments regarding foothills, appearance along Foothills, parking along Foothills, questions regarding how association decisions are made, effects of decisions, tree maintenance, costs associated with trees
·      Manger report
o   Angela – due to pending decisions regarding tree services, all tree services have been canceled till further notice
o   All sidewalk services directly related to the trees have been canceled
·      Unfinished Business
o   Sidewalk letter – read by Don, Sarah moved to approve with addition of vendors listed on back and change to 5th paragraph. Joe second, all were in favor. To be mailed with invoice, budget mailing.

November 4, 2015 Meeting Minutes:
·      Unfinished Business
o   Board Member appointment – Anne Wolfer volunteered to complete the term left vacant by Linda Hanson. The Board unanimously approved to appoint Anne Wolfer to the Board of Directors.
·      Agenda Items for next meeting discussed
o   Resolutions regarding sidewalks, tree responsibility
o   Notice to owners regarding leaves
o   Don to draft letter explaining responsibilities

November 18, 2014 Meeting Minutes (two meetings in November):
·      Homeowners Open Forum
o   Comments and questions from owners were expressed
·      Manager Report
o   2015 Meeting & Maintenance scheduled is being worked on
·      New Business
o   BOD Positions assigned
§  Tony – president
§  Don – vice president
§  Sarah – treasurer
§  Anne – director
§  Joe – director
o   Agenda items for next meeting discussed
§  Resolutions regarding sidewalks, tree responsibility
§  Resolutions regarding record examinations
§  Reserve Study review

November 2014 Newsletter:
·      From the President
o   The common elements (sic) that our association is responsible for is the following:
§  Foothills parking strips (sic) Landscaping grass only
§  Roundabout Landscaping (including the Oak Knoll monument)
§  Foothills irrigation
·      With inputs from the October 7th Town Hall budget meeting, phone and emailed responses, the Board has agreed that from this 2015 budget forward the Foothills street trees are the responsibility of the homeowners on Foothills and will no longer be funded by the Association budget.

November 24, 2014 Letter from the Board of Directors:
·      Your Homeowner’s Association Board of Directors has noted the deterioration of sidewalks throughout the community. This is a reminder that owners are responsible for the maintenance and repair work to ensure trip hazards are being addressed.
·      A review of the Association’s governing documents, Section 7.3 of the Declarations states, ‘Each Owner shall be responsible for the maintenance of the sidewalks abutting his Lot, including any damage caused by the street trees.’
·      Your Homeowner’s Association (HOA) Board has been working diligently to maintain the high livability standards of our community and to ensure property values are maintained.


January 20, 2015 Meeting Minutes:
·      Treasurer Report
o   Review December 2014 Financial Statement and Collections were made by Baord. Don moved to approve the reports, Joe second, all were in favor.
§  Total reserves - $15,831.84
§  Net Monthly Income/Loss - $17,180.87
§  Year-to-Date Net Income/Loss - $6,803.64
·      Unfinished Business
o   Resolutions regarding sidewalks, tree responsibility – Tony to communicate with Attorney
o   Resolution regarding Record Examination – Tony to communicate with Attorney
o   Trash can visibility – next site review to identify
·      New Business
o   Hearing regarding trailer violation – Sarah motioned all but $150 of fines to cover mailings and time for addressing matter, issuance of agreement letter to be signed by all parties within 30 days indicating receipt of Governing Documents and agreeing that further violations of this nature within 12 month period will be fined $100 per occurrence without hearing.
o   Joe Bonaventura rendered resignation from the Board of Directors effective 01.20.15

February 17, 2015 Meeting Minutes:
·      Present: Don Sasse (VP), Tony Roos (P), Sarah Wilkinson (Director), and Anne Wolfer
·      Treasurer Report:
o   Reserves         $19,468.12
o   Net Monthly Income/Loss                $7,768.17
o   Year-to-date Net Income/Loss        $7,768.17
·      Unfinished Business
o   Attorney services for Resolution Preparations – Unanimous approval to have Vial Fotheringham prepare resolutions addressing sidewalks, tree responsibility, trash cans, leaves/debris in street strip, and record exams.
·      New Business
o   Landscape extra charges – add charge back to Resolutions


March 17, 2015 Meeting Minutes:
·      Treasurer Report
o   Total Reserves                       $19,477.08
o   Net Monthly Income/Loss    $   (511.14)
o   Year-to-date Income/Loss   $  7,257.03
·      Unfinished Business
o   Attorney services for Resolution preparations: Tony – pending
·      New Business
o   Pet waste issue

April 21, 2015 Meeting Minutes:
·      Treasurer Report
o   Total Reserves                       $19,487.14
o   Net Monthly Income/Loss    $  1,032.78
o   Year-to-date Income/Loss   $  8,289.81
·      Unfinished Business
o   Resolutions preparations: Tony – pending VF
·      New Business
o   Commercial vehicle description – Don proposed posting to the web site. All were in favor.

May 19, 2015 Annual Meeting Minutes:
·      Called to order 7:00 p.m., Quorum not met, meeting adjourned at 7:06pm

June 16, 2015 Meeting Minutes:
·      Treasurer Report
o   Total Reserves                       $19,506.95
o   Net Monthly Income/Loss    $( 1,829.24)
o   Year-to-Date Income/Loss   $   5,337.11
·      Unfinished Business
o   Resolutions preparations: Tony – pending VF
o   Board designation; to remain as previous year
o   Board vacancy/appointment; no action taken
·      New Business
o   3309 Meridian – RE: Trailer violation
§  Must be stored out of site by 6.30.15, fine to be suspended pending further violation
o   1209 Oak Knoll Ct – RE: Trailer violation
§  Fines to be implemented pursuant to 1.20.15 hearing
o   1209 Oak Knoll Ct – RE: Trash violation
§  Must be resolved and not repeated after 6.23.15 - $15 per day fines for additional violations
o   Site review reports to be sent to Board following site reviews. Review of Trash/Garbage can issue to be made.

July 21, 2015 Meeting Minutes:
·      Present: Tony Roose (P), Don Sasse (VP), Sarah Wilkinson (Director), Mark Carleton (Director)
·      Mark Carleton to join the board as a director. Sarah motions/Anne second. All were in favor.
·      8 Requests for proposals were sent to property management companies to date only 3 who will submit proposals
·      Motion to accept Superior’s resignation as of September 1, 2015, accepted.
·      New Business
o   Anne Wolfer resigns from board position

August 18, 2015 Meeting Minutes:
·      Mangers Report
o   Angela gave report on 2016 Reserve Study (deferred till 2017 due to review by Board indicating no changes were made to warrant the cost of the update), site review report indicating 6 courtesy notices, 9 hearing letters, 7 fine letters, and 3 issues to have status check, report on backflow (repairs made and re-test to be administered), and trailer/commercial vehicle status.
·      Unfinished business
o   Resolutions preparations – Tony pending VF
o   New Management – Sara moved to approve The Management Trust as new managing company beginning September 1, 2015 going with Option A contract, Don second, all were in favor. The Management Trust to prepare introduction letter to be sent t the HOA owners.

September 15, 2015 Meeting Minutes:
·      Home Owner Forum
o   3609 Oak Knoll – trash cans, trailer
o   1215 Hillsdale – Airstream trailer, bee hive
o   1209 Oak Knoll – Camper, trailer
·      Treasurer Report
o   Patricia will check on sewage/police officer fee on the water bill
o   No financials to report/review
·      New Business
o   Sarah Wilkinson resigns from Board position due to home sale.
o   Homeowner letter from TMT will go out in the near future before next meeting.

October 20, 2015 Meeting Minutes:
·      Cancelled meting

November 17, 2015 Meeting Minutes:
·      Unfinished Business
o   Ryan Harris of Vial Fotheringham, as Council
§  Ryan discussed with the board actions to be taken on resolutions: (1) street tree resolution, (2) common area resolution, and (3) a garbage can resolution.
§  Ryan will prepare the resolutions based on feedback from the Board
·      New Business
o   Mark (Carleton) was appointed and accepted the positions of Secretary and Treasurer
o   Leaf abatement issue discussed. Board asked manager to add leaf compliance letters to site reviews.
o   Question raised, does 14 days apply to all recreational vehicles? Census is that it does apply to all types. No resolution needed.

December 15, 2015 Meeting Minutes:
·      Treasurer Report
o   Patricia reported staff at TMT still working on the budget
o   Patricia tasked with getting a break down of all accounts in collections with Professional Credit Service and Vial Fotheringham to facilitate discussion on collections moving forward
·      Managers Report
o   Review of compliance report: some violations are approaching fines. Patricia will compare Oak Knoll practices to TMT process. Table discussion of fines tabled until January.
·      Unfinished Business
o   Resolutions are ready from Ryan harris. The board decided to table approval to give members to study
·      New Business
o   Greg Menahan will return to board next month. He will review the website with Don in February

January 19, 2016 Meeting Minutes:
·      Several delinquent accounts are foreclosed and the bank is paying the assessment.
·      Managers Report:
o   Review of compliance report: two properties are not in the fine state. Board approved that fines be levied.
·      Unfinished Business:
o   Records administration: Mark motioned, Don seconded, approved.
o   Street Trees Resolution corrections – add roundabout to the definitions. Remove last sentence on item 3b on owner responsibility. Greg moved. Mark seconded. Approved.
·      New Business:
o   Motion for Greg Menahan to join the board effective immediately. Don moved, Mark seconded, all approved.

February 16, 2016 Meeting Minutes:
·      Homeowner Open Forum (15 minutes max, allowed)
o   Resident on Ivy Street expressed objection to the garbage can resolution.
·      Mangers Report
o   One address was approved to send compliance regarding unresolved issues and notified fines will be assessed March 1.
o   Another address was also approved be notified of non-compliance and will be assessed fines on re-occurrence per occurrence as of March 1.
o   Another address was approved to move to fines regarding compliance issues.
o   Two other addresses are working on compliance issues and board will review next meeting.
·      New Business
o   A reminder that the annual general meeting is in May.

March 15, 2016 Meeting Minutes:
·      Treasurer Report:
o   Don Sasse questioned reserve account January entry of $3632. Is that an annual amount? Patricia will investigate.
o   Board questioned why the HOA has an electric bill when none of our common areas has electric needs.
·      Ron Fredrickson was nominated to fill a board vacancy. Greg moved for his election. Don seconded, all approved.

·      Meeting adjourned and board moved into executive session at 8pm, closed at 8:30pm.

April 19, 2016 Meeting Minutes:
·      I voiced my objection to the Street Tree Resolution, and I was recording the meeting. They moved to motion to stop recordings, I refused since it was a private meeting in a public forum (Avamere) allowed by law. The Board refused to conduct the meeting, moved to adjourn to seek advice of counsel. Ron moved, Mark seconded, all voted aye.

May 17, 2016 Annual Meeting – CANCELLED (in direct violation of the Bylaws that state the Annual Meeting "SHALL BE" in the month of May or June), and moved to July 18, 2016

June 21, 2016 Meeting Minutes:
·      Executive session from 7:00-7:45pm
·      Greg moved that the board decline the invitation to participate in mediation. Ron seconded, all approved. Motion carried.
·      Recording resolution: Robert’s rules allows standing rules. Greg moved. Don seconded. Vote was 4-1 in favor of aye. Motion carried.

July __, 2016 Meeting Minutes:
·      None available on TMT website

August __, 2016 Meeting Minutes:
·      None available on TMT website

September __, 2016 Meeting Minutes:
·      None available on TMT website

October 18, 2016 Meeting Minutes:
·      Board Members Present
o   Tony Roos – President
o   Don Sasse – VP
o   Mark Carleton – Secretary/Treasurer
o   Ron Fredrickson, Board member
o   Greg Menahan, Board member
·      Treasurer Report
o   Year to date variances were discussed. Tony will check with the accountants.
o   Don moved that two accounts with aging delinquencies be written off because the parties have moved out of the neighborhood. Ron seconded, all approved.
o   Another account is being contacted to make payments on the hard costs.
·      Unfinished Business
o   Budget was not ready for review. The board looked over the current budget to begin general discussions. Tony will prepare a spreadsheet of proposed budget to discuss next month.
o   A new tree is needed on 1118 Foothills where the damaged tree was removed. Can the new landscaper perform this?
·      New Business
o   Greg is concerned that the foliage in the roundabout has become too dense. Mark shared this concern, as it might be an issue for pedestrians. NLS will be asked to look at the plants and prepare a bid for thinning this area.
o   A concerned (sic) was raised regarding a commercial vehicle parked on Burlington. Patricia will be asked to check.
o   Don proposed that Patricia attend all monthly meetings. Tony will prepare a proposal to identify months that her attendance is critical.

November __, 2016 Meeting Minutes:
·      None available on TMT website
December __, 2016 Meeting Minutes:
·      Cancelled, no meeting held.

January __, 2017 Meeting Minutes:

·      Cancelled via email, no meeting held.