Tuesday, April 10, 2012

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.

1 comment:

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