"The trial court granted the motion to dismiss the writ of mandamus, concluding that the association had no legal duty to enforce the CCRs and that mandamus could not issue to compel performance of a discretionary act."
This was the statement written in ruling provided in the following case in Oregon:
LARRY D. LEVASSEUR
and THETA LEVASSEUR,
Plaintiffs-Appellants,
v.
LOWELL ARMON,
DONNA ARMON,
BOARD OF DIRECTORS OF HIGH LOSTINE OWNERS' ASSOCIATION,
and THE HIGH LOSTINE OWNERS' ASSOCIATION
LINK TO CASE
While I intend to file a Writ of Mandamus to force the Oak Knoll Homeowners Association to follow established Oregon Revised Statutes...this court ruled that such a Writ "could not issue to compel performance of a discretionary act."
That "discretionary act" is the enforcement of the CC&Rs.
So I ask each and every one of you homeowners in the Oak Knoll Community...what is the purpose of an HOA if the HOA has the "discretion" to enforce the CC&Rs?
In other words, whomever is on the BOD can selectively enforce the CC&Rs against those they do not like while favoring others they do like.
After all...the Court of Appeals of Oregon ruled that the CC&Rs are "discretionary" (i.e. guidelines) and do not need to be followed, and the HOA is not held accountable for their lack of enoforcement (another point, I might add, which was also written into the 1995 CC&Rs of our community).
Regardless of the cited case, the legal question arbitrarily dismissed by the apellate court was enforcement of the CC&Rs...it did not address the enforcement of the law (i.e. Oregon Planned Community Act); and as we all know, everyone to include profit and not for profit corporations (which are legally equal to that of being a person) is required to follow the law.
Therefore a Writ of Mandamus compelling the BOD to follow the law where the requried reserve study and maintenance plan is required shall pass muster and be ordered upon the BOD. Even in the cited ruling it references that a Writ may force/compel someone, like an HOA, to follow established law.
It's only a matter of time before my filing shall be ready...
Until then, condsider everything that has been written herein this blog.
Has the BOD of this HOA really served our interests?
Some may question if it is really necessary for this community to have an HOA, since it has failed in its duties since 1997. Then there is the question of whether or not we can police our own and utilize those local ordiances and state laws if and when necessary to ensure our community is as presentable as it has always has been without the obvious LACK OF assistance of our BOD and HOA via the ineffective Superior Community Management Company for which we, the homeowners, pay more than $11,000 a year TO DO NOTHING!!!!
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