Board of Directors meetings...how does a homeowner know when these take place?

A homeowner asked the following in a previous blog posting:

"How does a homeowner know when the meetings are being held? I haven't received any notices about when/where they are held. I assume they are still held at Avamere, but how frequently?"

That's a really good question, which has an interesting answer.

This so-called "notice" of Board meetings was included in the November 2010 letter announcing that the Board of Directors were hitting us with a $13,650 Reserve Account for repair of the sidewalks and replacement of street trees along Foothills Dr. Neither one of which are a "common improvement" of the HOA, as clearly defined within CC&R 7.1 and 7.3 (please read UPDATE to January 18, 2011 Annual Board Meeting blog post below for more details).

Anyhow, the above written notice that is received but once a year to inform the homeowners of Oak Knoll of the scheduled board meetings is in direct violation of Oregon Revised Statute 94.640 (8)(a) which states as follows:

(8)In a planned community in which the majority of the lots are the principal residences of the occupants, meetings of the board of directors must comply with the following:
(a)For other than emergency meetings, notice of board of director's meetings shall be posted at a place or places on the property at least three days prior to the meeting or notice shall be provided by a method otherwise reasonably calculated to inform lot owners of such meetings.

Though state statute supersedes the ByLaws of our association, it's noteworthy to mention that even the ByLaws state notices of each meeting are to be in writing and "mailed to each member at his address as it appears on the books of the assocations...not less than fifteen (15) days nor more than fifty (50) days prior to the date of the meeting."

The above one-time notice is not sufficient notice to all 198 homeowners in this association; which is why there are only 1-3 homeowners (if any at all) that even show up at the board meetings, and only about a dozen at the annual meeting.

One could inductively reason that the purpose of the Board of Directors' failure to comply with ORS 94.640(8)(a) and/or even the ByLaws is so that they can make decisions without any input from any homeowner present.

For example, the Board of Directors, on bad advice from the association attorney, subjectively read into what Section 7.1 of the CC&Rs says and improperly assumed responsibility and liability for the sidewalks and street trees along Foothills Dr; thus making ALL homeowners financially responsible for the repairs and replacement of such without any input whatsoever from a homeowner.

Section 9 of the CC&Rs make it perfectly clear that the Board CANNOT make such an assumption of responsibility or liability for items within the association that is clearly NOT a "common improvement" of the association without an amendment or modification to the CC&Rs; which requires not less than 75% of the homeowners vote affirming that amendment or modification.

Anyhow, I encourage you and as many homeowners as possible to start attending the Board meetings. We need to start holding them and the management company accountable and implore upon them the need to follow the rules and regulations within the boundaries of the laws that govern our planned community.