Someone who lives within the OKHA likes to drive around looking for homeowners violating the CC&Rs

It was just recently brought to my attention that there is apparently an overweight older woman in a small vehicle who likes to drive around the Oak Knowll Community and document what she subjectively interprets are violations of the CC&Rs and files complaints with the HOA.

This information was brought to my attention by a trusted friend who use dot reside within the community who was also told that this particular woman picks on some homeowners more than others.

Clearly this woman has nothing bettter to do to than "tattle tail" on other homeowners for things she believes are violations.

If this informatio is accurate, I don't put too much stock in it (i.e. I wouldn't be too concerned) given the fact that the Board of Directors are impotent to do anything about it.

After all, there are several homeowners that never consulted the Design Review Committee before making changes to their landscaping and other structural changes to their homes. Do you think the HOA did anything about it, of course not.

All the HOA does is keep raising our annual dues to pay a so-called professional management company more tha $11,000 a year to do nothing; which includes failing to properly advice, direct and counsel the Board of Directors when it comes to the decisions they make concerning the Oak Knoll Homeowners Association.

The prime example being the reserve account for the new fiscal year of 2011 adding more than $13,000 to a reserve account without the statutory required reserve study and maintenance plan; both of which the Board of Directors absolutely refuses to comply with.

Soon a Writ of Mandamus will be filed with the appropriate court of jurisdiction and we'll see just see about that.

In the meantime, I am still working on another petition to be sent to all the homeowners of this association asking for their vote to abolish the Homewoners Association.

For one thing, it hasn't served us any good since its inception.

Second, the not one but TWO management companies that they hired, along with the law firm(s) they've had on retainer have done nothing to serve the interests of this community either.

Meanwhile both the mangement company and the law firm gets enrichened by a part of our annual dues with no objective positive results.

More importlantly, they are all violating the law and doing so at our expense and don't like being told otherwise.

The current CC&Rs are more than 16 years old...they are outdated and need refined, something of which neither the managment company nor the law firm has suggested or accomplished.

And despite the facts I have presented within this blog and to the Boar of Directors regarding the street trees on each lot, that they have no legal authority to demand that a homeowner has to have them planted at their expense after 2001, they are still doing so. Just because someone buys a home today in the Oak Knoll Community does not restart the clock on documented known violations of the CC&Rs.

The FACT is that the street tree issue is a dead issue and has been since 2001. And once again the Board of Directors are violating statutory law in forcing a homeowner to do that which they are not legally obligated to do.

Shame on our Board of Directors, and shame on us for letting them get away with this malfeassance for entirely too long.

Management Company's Unprofessional 2nd Response to BBB Complaint

On May 27, 2011, the business provided the following information:This remains an issue with the Board of Directors. Superior Community Management works AT THE DIRECTION OF THE BOARD. We will respond no further to Mr. Spurlock.

My Response:
Superior Community Management Company was hired BY the Board of Direcotrs for Advice, Direction, and Counsel given the FACT that the Board of Directors are collectively IGNORANT of how to run an association. Thus the Board of Director's decision to HIRED A PROFESSIONAL ASSOCIATION MANAGEMENT COMPANY: Superior Community Management.

Superior has a FUDICIARY DUTY (and they have lawyers on retainer that can explain the legal ramifications of this duty to them) to not only the Board of Directors, but a de facto fiduciary duty to the homeowners of this community.

Denying this fact with such an immature and unprofessional response as stated above simply will NOT change the LEGAL FACTS of their position in this matter.

If the Board is making an INCORRECT or ILLEGAL decision, it is incumbent upon Superior Management to advise, direct and counsel them otherwise. That is their duty; unless they are suggesting that if the Board directs them to jump off a bridge, they will do it becuase they work "AT THE DIRECTION OF THE BOARD."

Bottom line, Superior Community Management Company IS IN FACT violating State Statutory Law where not only its fiduciary positions are concerned, but also by extension it is violating the Oregon Planned Community Act by allowing the Board of Directors to do EXACTLY what it was hired to stop them from doing.

Therefore they are equally complicit as the Board of Directors and are still subject to my complaint.
Not responding to this VALID and WELL GROUNDED complaint will not CHANGE the FACT that they have a responsibility to the Homeonwers of the Oak Knoll Community.

So once again, no I DO NOT accept this business' response and lack of a resolution.