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
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