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:
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
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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!?!
