May 2005 Board of Directors ADMITS street trees Developer's responsibility, not homeowners!

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In this May 2005 OKHA Newsletter, the Board of Directors ADMITS that the Developer was obligated via its contract with the City of Newberg to plant the street trees on each lot BEFORE a Final Occupancy Permit was to be issued.

The Board of Directors further ACKNOWLEDGES that the City of Newberg was NEGLIGENT in enforcing its own ordinance (and by extension its legally binding contract with the developer) in having the street trees planted prior to the occupancy permits being issued.

As such, the Board of Directors was going to work with the City of Newberg to rectify this matter...of course to no avail; and it was never spoken of again until years later (approximately 2008) when the management company took lead, sending letters to all the homeowners advising them that they needed to plant the street trees on their lots.

Unfortunately for all the homeowners who didn't know any better, under the Oregon Revised Statutes, the statute of limitations on enforcing this alleged violation of the CC&Rs requiring the street trees ran out years before and had no legal authority to force homeowners to plant street trees on their individual lots.