Saturday, February 4, 2017

My 2014 request to examine the records and documents of the HOA and their response(s)...

The following will show, at the end, that the HOA has failed to properly maintain records, receipts and other documentation of the business dealings of the HOA since day one of its existence...

Moreover, this will also show how both the HOA Board of Directors AND Management company are not doing their jobs correctly. Especially the management company, having done this for years, should know better in bringing on a new HOA without advising them they were missing resolutions to cover such things as this if they wanted to charge people to examine records of the HOA.

June 22, 2014 email to Angela Shinn at Superior Community Management

RE: Article VI Records and Audits

Under the BYLAWS OF OAK KNOLL HOMEOWNERS’ ASSOCIATION (the real ones, not the ones on the website that have the following referenced section, among others, purposely omitted), Article VI (5); Records and Audits, as a homeowner (i.e. mortgage) I want to inspect the books and records of the Association for the past 15 years.

Please either provide these records, or schedule the appropriate future date in order for me to arrange a personal inspection of these records at your office.

Under Section (2): Records of Receipts and Expenditures, I expect to review the following: “…detailed, accurate records, in chronological order, of the receipts and expenditures affecting the common areas, itemizing the maintenance and repair expenses of the common areas and any other expenses incurred.”

Note, the “common areas” for which any expenditure have been incurred and paid by the HOA must be compliant with CC&R 7.1 – which clearly defines what the ONLY common improvements of the HOA are:

“Oak Knoll has or will have certain improvements …These improvements include: Sign monuments to be installed on Lot 29, Oak Knoll; traffic circle at intersection of Foothills Drive and Center Street; planter strips along Foothills Drive; and street trees on each Lot…All of the common areas and improvements are collectively called “Common Improvements.””

If you intend to schedule an appointment vs. providing copies of the requested documentation to be reviewed, please make such an appointment for any Monday, Tuesday or Friday.

Please provide several tentative dates so that I may make arrangements to accommodate my schedule to confirm one of the provided appointments.

Thank you


July 1, 2014 letter from Angela Shinn of Superior Community Management

RE: Oak Knoll Association records review

Dear Homeowner,

Per your request to schedule a date for your personal inspection of the records of the Oak Knoll Association, we have the following dates available:

July 25, 2015; 9:00 a – 2:00 p

This request for review is in compliance with ORS 65.774 and with the By-laws, (sic) Article 6 section 5 which states “At any time any Member or mortgagee may, at his own expense, cause an audit or inspection to be made of the books and records of the Association.

Per the above and ORS 65.771 available records will be provided for review at time and material costs. Charges for time are $110 per hour for prep and oversight of the review. Any allowable copies will be charged .18 per page. Review will be conducted at 17300 SW Upper Boones Ferry Rd, Ste. 110, Tualatin OR (sic) 97224.

Please indicate the date and time you will be meeting at our office for the requested review.

Thank you,

Angela D. Shinn, CMCA, AMS
Superior Community Management

July 2, 2014 email to Angela Shinn

RE: Letter dated July 1, 2014

Angela,

Thank you for your letter providing the days and times being made available for my visit to “review,” however, you are (or some attorney from Vial Fotheringham is advising you) incorrectly citing ORS 65.774 and 65.771 as a justification for charging me $110 per hour for “prep and oversight of the review.”

First off, the Homeowners Association and the Association board of directors are only subject to the following subsections of ORS Chapter 65:

Per ORS 94.640: “In the performance of their duties, officers and members of the board of directors are governed by this section and the applicable provisions of ORS 65.357, 65.361, 65.367, 65.369 and 65.377…” (i.e. standards, conflict of interest, liability, etc.)

Per ORS 94.626(2): “A separate association is not created when an association is reinstated after administrative dissolution under ORS 65.654 or again incorporated following dissolution. The association automatically continues without any further action by incorporators, directors or officers that may otherwise be required under ORS chapter 65.” (i.e. dissolution)

Per ORS 94.670(1): “A homeowners association shall retain within the state the documents, information and records delivered to the association under ORS 94.616 and all other records of the association for not less than the period specified for the record in ORS 65.771 or any other applicable law…” (i.e. records retention)

Second, ORS 65.774 and 65.771 do not apply to a Homeowners Association as homeowners are not a “member” of the non-profit corporation. As defined under ORS 65.001 Definitions. As used in this chapter:

(26)(a) “Member” means a person that is entitled, under a domestic or foreign corporation’s articles or bylaws, without regard to what the person is called in the articles or bylaws, to vote on more than one occasion to elect a director or directors.

Under the Bylaws of Oak Knoll Homeowners’ Association, Article 1 Plan of Ownership, Membership is defined, in part, as follows:

(6) Membership: “Every person or entity who is a record owner of a fee or undivided fee interest in any Lot shall be a proprietary member of the Association…Associate membership shall carry all the rights and privileges and shall be subject to all obligations and responsibilities of proprietary membership, except the right to vote.

[Emphasis mine]

Therefore, neither ORS 65.774 or 65.771 are applicable to my request for “examination” of the association records. As such, you have no right to charge me for any examination of the association records.

Again, under ORS 94.670 Association duty to keep documents and records; deposit of assessments; payment of association expenses; review of financial statement by certified public accountable; examination of records by owner…

(9)(a) Except as provided in paragraph (b) of this subsection, the association shall make the documents, information and records described in subsections (1) and (4) of this section and all other records of the association reasonably available for examination and, upon written request, available for duplication by an owner and any mortgagee of a lot that makes the request in good faith for a proper purpose.

Third, your citing Article VI Records and Audit is inaccurate, and I admit I incorrectly used it as well given the fact that (A) I am not a CPA, therefore I cannot “audit or inspect” the books and records of the association under the common law definition of an audit or inspection as clearly meant given the content in which that phrase was sued not once, but twice in that Article. It is clear upon second reading that “audit and inspect” juxtaposed to the reference “at the expense of” either the Association or the member requesting it means a financial audit by a CPA. Therefore you have no basis to charge me a fee for the “examination” of the association records.

In addition to ORS 94.670 there is Subsection (12) which states the following:

(12) The board of directors, by resolution, may adopt reasonable rules governing the frequency, time, location, notice and manner of examination and duplication of association records and the imposition of a reasonable fee for furnishing copies of any documents, information or records described in this section. The fee may include reasonable personnel costs for furnishing the documents, information or records.

To date the Board of Directors has not voted a resolution to accomplish the above, as such, again, neither the Board of Directors OR by its managing agent, Superior Community Management, has any right to assess monetary fees for my legal right under ORS 94.670(9)(a) for the examination of the Association documents requested to be examined.

Unless you can produce this unseen, unpublished and unfiled (with the County Clerk) resolution to the CC&Rs, neither you (Superior Community Management) or the Homeowners Association (Board of Directors) have any legal basis to assess any fees for my “examination” of the association records.

When I choose the date and time given and establish that appointment, the Association via Superior Community Management shall make the documents, information and records described in subsection (1) and (4) of this section and all other records of the association reasonably available for examination and, upon written request, available for duplication by an owner and any mortgagee of a lot that makes the request in good faith for proper purpose.

I will be in touch on which date and time is to be selected once I review my work schedule and make arrangements for said date and time.

Very Truly Yours

The following is a list of items of records that I wanted to examine that I presented to Angela Shinn prior to my chosen scheduled appointment; this list contains her amended response after each:

Requested records to be examined:
The following is a list of documents and records of the Oak Knoll Homeowners Association I want to examine that includes but is not limited to:

•          Any and all financial records of the association’s purchase of
obligations of the United States government
            o          To include ALL financial records on the establishment and,
if applicable, termination of (to include an accounting of where the funds were placed once the account was closed) Asset 1224, Money Market Account – Union Bank noted on the association’s July 24, 2003 balance sheet

Financials 1999-2005 not available
Financials 2005-present available

•          Any and all financial records of the association’s expenditures for
“professional development" in the year 2000

NA

•          Any and all financial records of the association’s credit and debit
to the “contingency fund” from 1999-2003

NA

•          Any and all financial and contractual records of the association’s
bids and expenditures for the budgeted line item “Gardener” from 1999-2000

NA

•          Any and all financial records of the associate’s expenditures for
“maintenance & repairs” from 1999-2000

NA

•          Any and all financial records of the association’s budgeted line
item “Continuency” [sic] from 2000-2001

NA

•          Any and all financial records of the association’s expenditures for
“leasehold improvements” noted on the August 19 through September 12, 2000 Profit & Loss statement

NA

•          Any financial and contractual records of the association’s bids and
expenditures for the budgeted line item “Landscape Maintenance” from
2000-2001

NA
•          Any financial records and documentation of the association’s
expenditures relating to the disbursement of $88.77 to Gerald Fisher, check# 1070, noted on the financial statement dated February 28, 2001

NA

•          Any financial records and documentation of the association’s receipt
of a “Refund Fence” in the amount of $311.50 on February 22, 2001

NA

•          Any financial records and documentation of the association’s
expenditures relating to the disbursements to Louis Larson as of the July 31, 2001 Financial Statement:
            o          #1097            $24.49
            o          #1099            $55.10
            o          #1102            $84.00
            o          #1103            $8.84
            o          #1107            $28.00
            o          And #1106 to Gerald Fisher in the amount of $15.00

NA

•          Any financial records and documentation of the association’s record
keeping of the “Contengency [sic] Fund” for the budgeted fiscal year
2001-2002

NA

•          Any financial records and documentation of the association’s budget
line 6791 Miscellaneous Expense – and – 6821 Community Social events documented on the August 1, 2003 Opening Statement of the budget

NA

•          Any and all financial records and documentation accounting for the
difference in the balance of the reserve account from July 24, 2003 with a balance of $2,637.10 to $2,500.00 noted on the projected 2003-2004 budget

NA

•          Any and all financial records and documentation of the association’s
record keeping of the Reserve account from 1999 to 2005
            o          To include any documentation and reports of the missing
funds from this account, and any Board of Director meeting minutes and/or notes on their decision to no longer fund this account going forward

Financials 12.2005 – Present provided

•          Any and all financial records and documentation of the association’s
expenditures for the budget line item Misc. – Social $240 for fiscal year
2003-2004

NA

•          Any and all financial records and documentation, to include Board of
Directors meeting minutes and other documentation in regards to re-funding Expense 6810 Allocation to Reserves in the amount of $13,650 noted on the
2011 annual budget
            o          This includes an itemization of all expenditures of common
improvements, reserve study to legally substantiate this reserve funding, and all receipts and accounting for all expenditures paid out from the balance of this account

Minutes 9.21.10 provided

•          Any and all financial records and documentation, to include Board of
Directors meeting minutes and other documentation in regards to the repair of concrete sidewalks along Foothills Drive in 2010

Minutes and Financials for 2010 provided

•          Any and all financial records and documentation, to include Board of
Directors meeting minutes of the corresponding year from 1999 to present, of any expenditures as it specifically related to the maintenance, repair, and/or replacement of common improvements identified in CC&R 7.1
            o          To include non-common improvements not stated in CC&R 7.1
that the Board of Directors took it upon themselves (and without the required 75% majority vote of the homeowners per CC&R 12.6.2 and ORS
94.630(1)(E)(ii) and (1)(F)(h)(k)(B)) to make the HOA financially responsible for said maintenance, repair, and/or replacement thereof; namely the street trees and sidewalks (to include curbing) along Foothills Drive

Minutes and Financials for 2005 – present provided

•          The specific and exact location of the 98 homes (i.e. addresses, not
homeowner names) letters were mailed to regarding the placement of street trees from August 2000 to December 2009

•          Any and all documentation submitted to the Design Review Committee
by the homeowner located at 3240 Burlington Drive requesting approval to remove all lawn from the front of the residence (in contradiction to the CC&Rs that require lawn to be a part of the landscaping of the front yard)

Purpose?


•          Any and all documentation of the Board of Directors to contract for
a reserve study and all expenditures relating to said study conducted in
2013

Minutes for October 2012 provided

•          Any and all documentation of the Board of Directors to landscape the
traffic circle located at Foothills Drive between 2003 to 2006, to include all expenditures to landscape and maintain since initial completion to present date

Minutes and Financials for 2005 – present provided

•          Any and all documentation and expenditures regarding the landscaping
maintenance, repair and/or replacement with relation to the residence located at 800 Foothills Drive from July 2003 to July 2005 (specifically the entire year of 2004)

NA

•          Any documentation accounting for the 75% majority approval of the
homeowners, as required under CC&R 12.6.2 (12.6.2.1 through 12.6.2.5) of the adoption of the Collections Procedure Resolution passed by the Board of Directors in June 2003 – and – the adoption of the “Rental Rules for Those Renting their Homes to Others” resolution

Mortgagee reference?

•          Produce an outline or actual document of the Robert’s Rules of Order
used at each and every Board of Directors meeting, to include the Annual Meeting of the Association since 1999 to present day in all its form (previous to updated versions)

See web site link http://www.robertsrules.com/


•          Any and all documentation in proposal form or otherwise in regards
to Tony Roos’ Education line item that he wishes to have placed on the next proposed budget of the association for fiscal year 2015

5.2014 minutes provided

•          Any financial documentation of expenditures (to include receipts to
substantiate) of reimbursements to any Board Member from 2000 to present day from the Association’s ledgers

2005-present Financials provided

•          Any and all financial records and related documentation accounting
for Lots within the Association currently in collections, specifically by address (not the homeowner’s name) and the amount(s) in arrears and the date and time the accounting or billing of said arrears was forwarded to Vial and Fotheringham for collection of the alleged past due amount(s)

Unable to provide per law.

I would also like to review any and all current service contracts (e.g.
landscaping, legal, insurance policies, etc.) that the Association currently holds as well.

Provided: Superior Community Management contract, insurance policies,

I want to examine any and all records and documents, to include meeting minutes or notes by the Board of Directors approving waivers to any and all homeowners to allow for any exceptions to the CC&RS, to include waivers to allow homeowners to leave their trash and recycle bins visible from the public street to recreational and commercial vehicles with ladders being allowed to remain on any Lot within the Association.

Minutes for 2005-present provided

***

Documents have been provided on flash drive as indicated:

Contracts
            Superior Community Management; signed April 2005
            Sunrise Landscape; signed 2009
CFE – Collection Contract
Documents
            Articles of Incorporation
            CCRs Lots 1-41
            Collection Resolution
            Declaration of Covenants and Annexations
            Bylaws
            Violation Letter Resolution
            Fine Resolution
            Plats
           
Financials
            Year end 2005
            Year end 2006
            Year end 2007
            Jan.-Dec. 2008
            Jan.-Dec. 2009
            Jan.-Dec. 2010
            Jan.-Dec. 2011
            Jan.-Dec. 2012
            Jan.-Dec. 2013
            Jan.-June 2014

Minutes
            2005; Aug., Oct., Dec.
            2006; Feb., Mar., May, June, July, Aug., Sep., Oct., Nov., Dec.
            2007; Feb., Mar., Apr., May, June, July, Aug., Sep., Oct., Nov.
            2008; Feb., Mar., Apr., May, June, July, Aug., Sep., Oct., Nov.
            2009; Jan., Feb., Mar., Apr., May, June, July, Aug., Sep., Oct., Nov.
            2010; Jan., Feb., Mar., Apr., May, June, July, Aug., Sep., Oct., Nov.
            2011; Jan., Feb., Mar., Apr., May, June, July, Aug., Sep., Oct., Nov.
            2012; Jan., Feb., Mar., Apr., May, June, Aug., Sep., Oct., Nov.
            2013; Jan., Feb., Mar., Apr., May, June, July, Aug., Sep., Nov., Nov.
            2014; Jan., Feb., Mar., Apr., May
            Annual; 2007, 2008, 2009, 2010, May 2011, June 2011, 2012

Reserve Studies
            2014

List of Board of Directors
Pre-2002 - present

Insurance
            D&O 8.2013-8.2014
Fidelity 8.2013-8.2014
            General Liability 8.2013-8.2014


The above indicated documents have been provided per request on a flash drive on July 25, 2014 by Superior Community Management.



           




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