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.