NEW Update: Work In Progress 2013

March 16, 2013

In light of the most recent response I received from the Board of Directors regarding my November 2012 inquiry, for which they inadequately answered, I cannot help but feel compelled to summarize the utter failure and disgrace each and every Board of Directors from approximately 1999 to present, and the negative effects each Board has had on our Homeowners’ Association.

First and foremost, let me either remind or enlighten each and every homeowner within the Oak Knoll Homeowners Association that we are governed not by the Covenants, Conditions and Restrictions (CC&Rs) alone, but also the Planned Community Act under Oregon Revised Statutes Chapter 94.550 Planned Communities. Moreover, the CC&Rs do not override local ordinances and/or statutory law (though one of the attorneys and our current Board members like to think they do, but they are wrong).

Second, for the layperson you need to understand that there is a hierarchy to law and the Board of Directors are essentially the bottom feeders of that law. The United States Constitution is the Supreme Law of the Land, first and foremost; then comes Federal law, State law, then local (city or county) Ordinances. When it comes to contract law, which is exactly what the CC&Rs fall under, it is   at the very bottom.

Over the years there have been many egregious acts against the homeowners of this association by the various Board members, but two stand out the most; one of which is the pressuring of planting street trees upon your lot, and the other is paying dues towards repairs, maintenance, and/or replacement of items that are NOT common improvements (i.e. property) of the Homeowners Association.

For far too long the Board of Directors have voted to continue their version of the quote, unquote, “status quo,” of their ingrained ignorance in (incorrectly) reading the plain language of the CC&Rs. I have on tape, recorded, the Homeowners Association’s attorney admitting that the Board of Directors have long since been misinterpreting the CC&Rs where then sidewalks – and – street trees along Foothills Drive and whether or not they were common improvements of the association.

Notwithstanding, the Board of Directors took it upon themselves to “Vote In” a “status Quo” order to continue their illegal activity using our dues to pay for items that benefit only those along Foothills Drive (where one of our Board Members lives, which is an obvious implicit breach of her fiduciary duties) with the repair, maintenance and replacement of the street trees and sidewalks along Foothills Drive at the rest of our expense in direct contravention of the clear language of the CC&Rs and City of Newberg Ordinances as to whom is directly responsible for these deficiencies.

As of late the Board of Directors sent a letter in November 2012 about the upcoming budget for 2013, specifically where the damage of the sidewalks along Foothills Drive caused by street trees is concerned (among other issues). Their response dated March 11, 2013, was that the account to pay for those repairs would be from the Reserve Account. This is in direct contravention to CC&R Section 7, Oregon Revised Statute 94.595, and City of Newberg Ordinances.

Since the HOA is a non-profit organization, and there is a history of mismanagement of dues collected, the summary report I intend to write will be forwarded to the Oregon Department of Justice as a formal complaint with the appropriate charges and evidence provided to substantiate those allegations.