Letter to BOD in response to 2013 Budget Letter

November 26, 2012

 

Angela D Shinn, Community Manager

Superior Community Management

P. O. Box 4585

Tualatin, Ore. 97062-9997

RE: 2013 Budget letter and enclosed declaration

 

Dear Mrs. Angela Shinn,

 

First and foremost, the Board of Directors (BOD) of the Oak Knoll Homeowners Association has no statutory authority to ask for the private information contained within the “HOMEOWNER AND TENANT CONTACT INFORMATION AND DECLARATION” page. It is none of the board’s business who resides within my home, who our emergency contacts are, and/or what vehicles we own or that may which be parked on our property. Therefore you will not receive that information from me, and I have encouraged several other homeowners to do just the same via Facebook and my OKHA blog, as well as in person.

 

Second, I see the BOD and the attorneys for the HOA quietly agreed with my previous legal arguments about the reserve account and required reserve study mandated by the CC&Rs, voted in by the 1999 (then) BOD, and the Oregon Revised Statutes (ORS 94.595) on point. I believe this is the third time, or maybe the fourth that I’ve provided the better legal argument in which the BOD of the HOA (and its attorneys) have conceded to in one form or another. Not sure, lost count over the years…anyhow, I digress.

 

Getting back on track, the letter also stated that the sidewalk maintenance reminders about tree damage along Foothills will be repaired by the HOA. What budgetary item would this repair come from, because under ORS 94.595, only that which is a common property of the HOA shall reserve funds be used to repair, maintain and/or replace that common property.

 

I will be monitoring the board meeting minutes and come this time next year, I will be asking for a copy or appointment to review the HOA’s expense account history for 2013; and if I find even one non-common property being repaired, maintained or replaced via reserve account funds in violation of ORS 94.595, we will have a problem.

 

Exactly what board meeting (so I may select the minutes from the website) did the BOD approve of adding a new budgetary item – Tree Trimming & Removal – to the annual budget? This is a self-serving budget item in the sense that it benefits only those homeowners along Foothills Dr. and that is a breach of the BOD fiduciary duties in ensuring fairness to all homeowners.

 

In other words, this line item budget account for the trees along Foothills was merely to circumvent ORS 94.595 and the CC&Rs that clearly state that ALL trees of the association are to be maintained by the HOA, not just those along Foothills Drive. Either the HOA pays for the repair, maintenance and/or replacement of ALL the trees within the HOA as the CC&Rs state, or none at all. Continuing the “status quo” of the BOD ignorance from one generation of the board to the next is still a violation of the plain language of the CC&Rs and ORS 94.595 regarding common property.

 

Yours Truly...

 

UPDATE: As of January 15, 2013...no reply to the questions posed within this letter. Surprised? Of course not.

 

OKHA 2013 Budget Letter - MUST READ!!!

Dear fellow homeowners,

Many of you should have received the 2013 Budget Letter that included a HOMEOWNER AND TENANT CONTACT INFORMATION AND DECLARATION page today, if not you soon will.

A few things to keep in mind as you read over these documents for the coming new year, and to ponder on years past as well.

First and foremost is the FACT that the Board of Directors (BOD) are assessing us another reserve, though significantly less than the $14.5k in 2011; the KEY POINT OF FACT to note here is the $350 reserve study charge. The mere fact that the BOD put this line item in the budget last year and have not funded for one in order to legally justify the $3,627 they are charging us this is PROVES that my LEGAL ARGUMENT presented to the BOD in 2011 was in fact CORRECT!

The BOD via their own law firm has quietly (they would never admit it in writing) conceded to my argument and are now finally doing what they are supposed to do where the reserve study is concerned in order to justify the amount being asked for in funding the reserve account for the year.

On that note, I would highly encourage each and every one of you to write the management company and ask for a copy of the reserve study so that you may see where the BOD are spending our money via the reserve account. Because if history is anything, it is always repeated...and in the letter enclosed with the budget is proof that history is once again being repeated!!

In the budget they a $1,000 assessment for Tree Trimming and Removal for those trees along Foothills Drive. This, once again, is NOT a common improvement of the OKHA!!! It is NOT the collective homeowners responsibility to fund this account.

Nor is it the collective homeowners responsibility to pay for ANY sidewalk damage caused by the street trees along Foothills Drive, yet within the letter the BOD says it is; it is NOT and the CC&Rs don't support it and THEY KNOW IT and THEY (both the BOD and the attorney representing them at a past HOA meeting) ADMITTED IT!!!! They're just continuing the status quo of the same error they did in the past, and they will continue to do so until a group of us take a stand against their illegal self-serving agenda.

This means that NONE OF THE RESERVE FUNDS can be used to pay for the repair of the sidewalks damaged by the street trees because they are NOT a common improvement of the HOA.

They shouldn't even be having a separate account charging us $1,000 for the trimming and removal of the trees (I intend to review the CC&Rs, By Laws and Oregon Revised Statutes on the authority of the BOD to create such an account for NON-common improvements of the HOA)!!!

Second, it's interesting to see yet again how the expense of having the management company - THAT DOES NOTHING EFFECTIVE OR MEANINGFUL TO THE BENEFIT OF THIS ASSOCIATION - is going UP!!!!

Last but not least, the HOMEOWNER AND TENANT CONTACT INFORMATION AND DECLARATION sheet is NOT REQUIRED and the BOD has NO LEGAL RIGHT to ask for this information. By giving them this information you voluntarily put your privacy at risk!!!!!

DO NOT COMPLETE THIS FORM!!!! It is NONE of the BOD business to know anything more than that which was provided them when you purchased your home!!!!

For those of you who are renters, you have no responsibility either under the CC&Rs to complete either!!!!

Food for thought to fill any space not filled from your Thanksgiving!!

Sincerely Yours,

OKHA Watch Dog

If you do nothing...

If you do nothing to make a change regarding that which you complain about...then you lose the right to complain about it.

Food for thought!

July 17, 2012 Meeting

Did anyone attend? Results to report? Or is it status quo as usual...a board that violates the CC&Rs, both as homeowners and board members?

ANNUAL BOARD MEETING RESULTS ARE IN!!!!

Well folks...it was another disappointing turn out for us homeowners.

I know that there are many of you out there who DO NOT like how our HOA is operated by the Board of Directors; so why are you not showing up to the meetings and making your voice heard?

There were only 3 (to include myself) homeowners who showed up, all 3 of us being the longest homeowners in the association since it was established; and all 3 of us having been a member of the board or CC&R committee (when there was one years ago).

That left 32 present by proxy (paper), making it a total of 35 out of 60 homeowners needed to be present in order for there to be a quorum.

Now the next meeting, July 17, 2012, by statute, will only require 20% vs. the original 30% needed for a quorum; and if that happens...the quorum will be met on paper and not homeowners actually present.

Do you understand what that means? The Board of Directors will have a say in who the next two directors are, and I would not put it past any of them (especially our ineffective President of the HOA, Tony Roos and his cohort Linda Hanson...two directors who have been on the board for far too long serving their own needs and not those of the homeowners within this association) to have swayed the votes of some of those who sent in their proxies.

Moreover, if we don't force serious changes with whom serves on the Board of Directors of the Oak Knoll HOA...we will continue to pay annual dues that benefit board members in direct contradiction of their fiduciary duty as a board member (yes Linda Hanson, that means you who enjoys having your street trees cared for and sidewalk maintained and/or repaired if needs be along Foothills Drive at the expense of the rest of the homeowners when those trees are NOT common improvements of the HOA); and they will continue to spend money on things that do not need to be expended upon.

Taking another look at this years budget, $6,000 was allocated for landscaping...in January 2012 alone the board of directors spent more than half that on raising irrigation water meters, replacing two street trees along Foothills Drive, and modifying the irrigation along the same drive. NONE OF WHICH ARE COMMON IMPROVEMENTS UNDER THE CC&Rs!!!!!

It's only June 19...we still have 6 months to go...and I really doubt that less than $2,500 is going to cover the landscaping costs along Foothills Drive and the traffic circle; and without a Reserve (which was supposed to be funded per statute)...where is the board going to get the money to pay the extended landscaping costs...creative accounting?

This community without question has one of the most messed up Board of Directors and have for more than four years; especially with a person who once wrote to a past board calling them Nazi's and supreme rulers and another benefiting with part of her landscaping being paid for by the rest of us.

What's even more sad than only 3 of us showing up at the meeting tonight is the fact that the Board of Directors's would not even allow one of the member's present to speak let alone ask questions. He left frustrated, as he often does because the board - as observed both in person and by their own words and actions in how they take care of their property (yeah, that means you Tony Roos) - are unmoving in their ignorance of their fiduciary duties as both members of this association and directors of the HOA.

Oh, and the meeting lasted all but 5 minutes starting 5 minutes late even...

I'm curious...what is it really going to take for people to attend these meetings and nail the board members to the wall with legitimate questions and challenging their illconceived perceived "status quo" authority for which they do not have per the CC&Rs, By Laws, and as outlined under the Oregon Planned Community Act?

Sincerey Yours...OKHA WatchDog

ANNUAL MEETING - JUNE 19, 2012

Okay fellow homeowners...the time us upon us to take a stand by showing up this Tuesday night at 7:00 pm in order to establish a quorum.

If a quorum is established, we can announce a vote of no confidence in Tony Roos as President and have someone else take his place.

Additionally, some of you need to think about the time and energy you have! Are you free more often than not (i.e. you're not monumentally busy with work, family, side jobs, etc.) to where you can be on the Board of Directors and make a difference?

I wish I could, but I cannot...as my time and energy is devoted to our nations veterans and balancing that with my own personal life.

Notwithstanding, I will always continue to be a thorn in the Board of Directors' side if and when they need correcting on their immoral, unethical, and illegal activities where the Oregon Planned Community Act and the CC&Rs are concerned.

This Tuesday I will be in attendance and will report back here and on the OKHA WatchDog Facebook Page what happened during this meeting...and in a far more timely manner than the Management Company's taking of meeting notes and getting them posted to the OKHA website.

HOA BOD Neighborhood Watch!!

If anyone is out and about and sees something they believe any one of these Board members are doing that they know they should not be doing under the CC&Rs, and that they have unfairly targeted you for, please let me know.

Joe Bonaventura: 800 Hilltop Drive

Linda Hanson: 3330 N. Meridian St.

Don Sasse: 1200 Oak Knoll Ct.

Brenda Haugen: 1218 Oak Knoll Ct.

Tony Roos: 1300 Hillsdale Dr.

Thank you!

HOA President's home STILL in NONCOMPLIANCE with CC&Rs!!!

Tony Roos still hasn't complied with the obvious CC&R violations brought to his attention via a complaint to the management company.

No surprise there.

Through a public records search, I intend to find the home addresses of the other board members and take pictures of their homes and post them.

Let us see if the others are in compliance (or non-compliance like the President of the HOA) with the CC&Rs they send "nasty grams" to other homeowners about.

Actions against HOA BOD and HOA itself is possible!!!!

ORS 94.777 Compliance with bylaws and other restrictions required
• effect of noncompliance
Each owner and the declarant shall comply with the bylaws, and with the administrative rules and regulations adopted pursuant thereto, and with the covenants, conditions and restrictions in the declaration or in the deed to the lot. Failure to comply therewith shall be grounds for an action maintainable by... the homeowners association or by an aggrieved owner. [1999 c.677 §36]

--The HOA BOD, nor the management company and/or law firm on retainer...have the final say on anything where this community is concerned.

The Oregon Planned Community Act (not to mention the Federal Fair Housing Act) was put in place to protect homeowners against egregious acts by the HOA BOD.

Action can be taken, but as a majority (not a minority) of homeowners!!!

 

HOA Bylaws: REMOVAL OF DIRECTORS
"At any regular or special meeting of the Association duly called, any one or more of the directors other than a director appointed by Declarant may be removed with or without cause by a majority vote of the Members present in person or by proxy, and a successor shall be elected at that meeting to fill the vacancy thus created. The notice of any such meeting shall... state that such removal is to be considered, and any director whose removal has been proposed shall be given an opportunity to be heard at the meeting."

--I propose that several of us homeowners coordinate and make it a point to attend a regular scheduled meeting of the Association and vote to have Tony Roos removed as the President of the HOA Board of Directors.

His past behavior prior to being on the BOD with a letter accusing them of being "Nazi's" and "supreme rulers" is highly prejudicial and unprofessional; not to mention the fact that he has failed to demonstrate sound judgment in executing his duties as President where the enforcement of the CC&Rs are concerned while violating several of those he and his board have made a point to enforce via harassment of other homeowners.

HOA BOD President's own home an "eyesore" in the community!!!

What does it say about the President of the HOA (who has been for several years) who DOES NOT FOLLOW the CC&Rs!?!

Just how many violations of the CC&Rs can you count!?!

From the start I can spot at least 5, the most obvious being the yard trash bin; which is ironic yet hypocritical given the fact that the BOD have been hell bent on sending notices to people about their trash bins and where they are located, even if and when they are for all intent and purpose within the guidelines (i.e. language) of the CC&Rs.

Clearly our BOD, specifically Mr. Roos, sets a poor example and has NO BUSINESS being the President of the HOA BOD when he himself cannot set "the" example and maintain his home and yard, let alone follow the CC&Rs to THE LETTER, meanwhile selelectively holding others accountable for that which he does not hold himself.

You CAN park your car on the street!!!

You can park your car on the street, and DO NOT let the board of directors tell you otherwise!!!

Now President Tony Roos and his 2001 "Nazi" letter to BOD

All of this speaks for itself!!!!

OKHOA WATCHDOG NOW ON FACEBOOK!!!!

http://www.facebook.com/profile.php?id=100003731372036&viewas=100000686899395&returnto=profile&sk=wall#!/profile.php?id=100003731372036

Come visit my new Facebook Page for those who don't have an account or wants to sign up in order to post here.

I need to hear from more of you, and we all need to communicate more...and clearly Facebook is one of the most popular social media websites where people reach out and talk with one another.

Please stop by, send a friend request and/or post your thoughts freely!!!

Thank you!

OKHA WatchDog

Discrimination in the HOA!?!

It has been brought to my attention that the Oak Knoll Homeowners Association Board of Directors are exhibiting DISCRIMINATION against families (i.e. couples with children)!!!!!

Sorry...old farts on the BOD or those who do not like children; if you did not want to be around those with families...then maybe you should have moved into a community with retired folk then!!!!!!

Despite a so-called "professional management company" and the so-called best HOA law firm in the Portland Tri-Met area...our HOA is making one legal SNAFU after another.

I am only one person in this Community, and until more of you speak up and out against the HOA...not just at the meetings but here and to me...no change is going to take place!!!!!!!!!

This has to be a GROUP effort!!!! We need a MAJORITY vote to legally abolish the HOA!!!!

The HOA has served no good or purpose since its inception in this community. There is no doubt that that path will not change in the future...less you like arbitrarily contributing $14,000.00 or more to an ILLEGAL reserve account that benefits members of the BOD of the HOA at your expense!!!!!

Fellow homeowners...you really need to start talking more about what is more important to our livability in Oak Knoll.

Do you want a tyrannical BOD who believe they can disregard the law and enforce the CC&Rs in a selective and discriminatory manner...or do you want fairness, equality, and justice living within our own homes and the community we live in!?!

OKHAWATCHDOG

CC&Rs "CANNOT" overrule or supersede city ordinances" - Newberg City Planner

As I have described more than one in previous blogs, the HOA Board of Directors are under the false legal advice of Christopher Tingey, the HOA attorney, that the CC&Rs are the legal precedent that overrules all laws, to include local, state and federal laws. This bad legal advice couldn't be any further from the truth.

Law 101, Federal is THE law, then state, then local, then county, then and ONLY then...private party contracts like the CC&Rs.

I submitted the question to the City of Newberg Planner and this was his response:

"Here is a link to the City’s Code regarding maintenance:

http://www.codepublishing.com/OR/Newberg/html/Newberg12/Newberg1205.html#12.05.250

A CC&R is a type of private contract between parties.  CC&Rs can’t “overrule” or “supersede” city ordinances unless the city is a party to the agreement, which it usually isn’t.  But they could assign responsibilities for upkeep so that the code is not violated.  

In general we encourage homeowners associations to work cooperatively to maintain the street trees and planter strips, as this usually provides more consistent maintenance.

I hope this helps."

Barton Brierley, AICP

Planning and Building Director

City of Newberg

P.O. Box 970, Newberg, OR  97132

503-537-1212    Fax 503-537-1272

barton.brierley@newbergoregon.gov

------

The above underline was my emphasis...and the fact is that the City of Newberg IS NOT a party to OKHA CC&Rs.

What the City of Newberg is a party to is the original developer's contract with the city when developing the Oak Knoll Community. A contract that has been VIOLATED by the developer and NOT enforced by the City of Newberg (i.e. the planting of street trees before occupancy permits were to be issued).

I am curious...my fellow homeowners, why do so many of you remain so complacent and apathetic to the ignorance and violations that the Board of Directors - under the advice of a supposed professional management company & the top law firm in the Portland Tri-met area on Homeowners' Associations - continue to commit upon us individually and collectively!?!

January 2012 Dues

Did you notice that all of the $14,000 of the reserve account ILLEGALLY obtained for NON common property has "disappeared" from the budget, just as it once did before?

By ORS the Board of Directors are required to maintain a reserve account and not deplete it and leave it unfounded for the years to come. They are suppose to get voter approval to stop payments to the reserve account, and they are suppose to conduct a reserve study before increasing fees of a reserve account as well!!

I fought them all year about the required reserve and the HOA (unprofessional lawyers) blew me off for as long as they could, but realized in the end thy they were wrong and I was right all along.

They have admitted the Board has been misinterpreting and misapplying the CC&Rs, but by board member action they simply DO NOT CARE and will continue the status quo as they see fit (as they announced in the December 2011 letter).

It's this type of ignorant and indifferent behavior towards the fiduciary duty each board member has to the homeowners of this association that is going to land them in court this year. Once and for all they will be told (directed) by a judge that they have to abide by the ORS governing planned communities and if they intend to enforce the CC&Rs, they have to do so according to what they say and NOT how they misinterpret them and do as they please.