It's just been a slow recovery after having transforaminal lumbar interbody fusion, meanwhile I am catching up on other personal matters.
Homeowners of Oak Knoll...I will not be giving up or giving into the HOA on this one.
They are violating the law where the reserve account and raising the annual dues are concerned; and a Writ of Mandamus is the only legal recourse left to force them to follow state statute (we cannot force them to follow the CC&Rs, unfortunately; as they are discretionary guidelines, per a previous Oregon court ruling), which can and will be done.
Since this legal matter has nothing to do with the CC&Rs specifically, there is no set time frame for filing this motion unlike that if it were a violation of the CC&Rs...which has a statute of limitations of one year from the date of identification or notification of that violation. So the HOA cannot rebut the Writ on that basis.
Anyhow...I am still on top of it, and the HOA will follow the statute in the end and provide a reserve study and maintenance plan, as required per the Oregon Planned Community Act.
If anyone has any questions about this, feel free to response here or via email: okhawatchdog@gmail.com.
In addition to this Writ, I would like to reiterate the option of dissolving the HOA since it really has done this community no good; especially when it pays a professional management company more than $11,000 of our money per year to do nothing but give the bad advice and force homeowners to do things in the CC&Rs that they are legally not allowed to do (like the street tree issue).
Sincerely,
OKHA Watch Dog
