In filing the lawsuit I set out to teach the Board of Directors a very important lesson: they don’t know what they are doing, and when a homeowner who does speaks up and tells them that what they are doing goes against the governing documents and state statute, they should listen. More than that, they shouldn’t hire a management company and law firm that encourages and supports their illegal behaviors, attitudes and decisions resulting in illegal actions against the homeowners.
The case was never about money, despite spending my own money to defend the rights of all homeowners of 198 homes in our association, which wasn’t all that cheap but remained an acceptable loss given the outcome.
This case was about proving a point, and the point was made rather well. So well that the HOA moved from Vial and Fotheringham counsel’s legal assistance and filed the matter with the HOAs insurance carrier, American Family, who in turn hired another lawfirm to represent the HOA in the legal case I filed. Knowing full well there was absolutely no legal defense they could counter with regarding the breach of contract with the Street Tree Resolution, they merely focused on the only weakness in my case, damages.
I offered to settle and walk away from the case before filing it to save the HOA on legal fees, but they refused. Which means they spent nearly double that offer in defending the HOA in a case they knew they were never going to win.
Again, this was never about the money and I only made that settlement offer to test their resolve, as I knew they would refuse. This was all about proving a point and I proved it. Going forward I highly doubt they will make the same mistake again in trying to screw the homeowners out of their right to vote on matters that they are entitled to if the Board of Directors wants to alter the language and effect of the CC&Rs. That being said, I can tell you right now that the garbage can resolution done at the same time as the street tree resolution does the same thing as the illicit street tree resolution. It alters/changes the language of the CC&Rs, i.e. it is an amendment that does what the Board wants it to say but doesn’t really say. I would suggest that a homeowner bring this up to the Board and have it rescinded immediately.
Since I don’t live in the HOA anymore, it’s up to you homeowners to pay attention to what the Board of Directors, Management Company, and retained lawfirm is doing. If you remain complacent and apathetic as you have for the past 21 years, and seeing as that I am gone, in time the Board of Directors just May repeat their bad / illegal behaviors, choices and resulting actions that go against your interests and violate your right to vote on making amendments to the governing documents that could have a huge financial impact along with the anger and frustration of such a resolution acting as an amendment targets you.
Wednesday, July 18, 2018
Sunday, March 25, 2018
Lawsuit accounced & a couple homeowners demonstrate why the HOA is a problem!
Yes, the Board of Directors are the main problem with our HOA, their illicit and illegal activities that violate both the CC&Rs and ORS covering Planned Communities are countless, and I've recounted many of them within this blog and my HOA Facebook page.
However, the underlining true problem with our HOA is the apathetic & complacent approach many homeowners have whereas this HOA is concerned.
Sitting back quietly and paying your annual dues without review or question of the financials, let alone the actions of the HOA (e.g. resolutions, etc.), is not how it works. You have a responsibility towards not only yourself, but for your fellow homeowners to be informed and take action when and where necessary when the HOA Board of Directors does something implicitly contrary to the CC&Rs and state law (Oregon Planned Community Act).
Another inherent problem is when a homeowner does take action to protect themselves, and by extension every other homeowner against the overreaching and illicit/illegal acts of the HOA Board of Directors, fellow homeowners should be grateful and respectful towards that homeowner for taking their time, money and effort to do so. Even a simple "thank you" would suffice.
However the following reaction to such a homeowner, me, taking action that no other homeowner has, clearly demonstrates how a fellow homeowners is NOT supposed to treat another homeowner who is doing what they fail to do in protecting their own rights as a homeowner in this association:
I posted this morning that a civil lawsuit was coming soon to the courthouse (obviously the one in McMinnville), and this is the thanks I get...
Chuck Watson - "I really hate these types of comments that are so popular on Facebook. How about instead of putting out this stupid comment with no information, you provide us with the facts?? What is the lawsuit? Who is suing? Why? All you are doing is pissing people off with your attention grabbing antics" (sic)
Leslie Meyer - "This is pretty rude to those of us who just move (sic) to Oak Knoll this past November who really have no idea what the hell you are talking about !" (sic)
Lesli Meyer - "...just joined this site. Guess I will take myself off . (sic) Really don't have to deal with jerks like you."
Leslie Meyer - "I have only on (sic) word left to say to You (sic) "ASSHOLE" (sic)
Link for full context
I have been posting on FB and this blog for years providing nothing but information and facts, and yet because someone is too apathetic and complacent to do a little further reading of previous comments or click the link to this blog here, which is listed in the "About Me" section of the HOA Facebook page, I am berated for not catering to their laziness.
And since when is continuing to provide information to the homeowners "rude"? Is it my fault that a new homeowner didn't do their due diligence in researching this community and HOA before buying their home? I mean really, a simple Google search for "Oak Knoll Homeowners Association Newberg" would show this blog as the #1 result, and my facebook page #2 and my YouTube #3.
When I pointed out the simplicity of doing a little reading of the information that is already there, and asking how proving information is considered "rude," I am then called a jerk for pointing out that that was rich coming from the person who just accused me of being rude; she then proceeded to call me an "ASSHOLE."
Real classy adult mature behavior there folks. Way to thank the one person who has made positive changes to how the HOA Board of Directors have illicitly, illegally and ignorantly ran the HOA since day one.
IF and WHEN I move from this neighborhood, not because of the pain in the ass that the HOA has been or the disrespect and ungratefulness that I've been shown by fellow homeowners as illustrated above (among others who have left disrespectful comments on my FB page), but specifically for the financial gain, you all will miss me and my efforts to keep the HOA on the straight and narrow.
Mark my words! You apathetic and complacent homeowners just simply do not understand what they HOA is capable of and how the can get away with it all, making your lives miserable and eventually forcing you to leave/move out like so many other homeowners have in the past to present.
OKHA Watch Dog
However, the underlining true problem with our HOA is the apathetic & complacent approach many homeowners have whereas this HOA is concerned.
Sitting back quietly and paying your annual dues without review or question of the financials, let alone the actions of the HOA (e.g. resolutions, etc.), is not how it works. You have a responsibility towards not only yourself, but for your fellow homeowners to be informed and take action when and where necessary when the HOA Board of Directors does something implicitly contrary to the CC&Rs and state law (Oregon Planned Community Act).
Another inherent problem is when a homeowner does take action to protect themselves, and by extension every other homeowner against the overreaching and illicit/illegal acts of the HOA Board of Directors, fellow homeowners should be grateful and respectful towards that homeowner for taking their time, money and effort to do so. Even a simple "thank you" would suffice.
However the following reaction to such a homeowner, me, taking action that no other homeowner has, clearly demonstrates how a fellow homeowners is NOT supposed to treat another homeowner who is doing what they fail to do in protecting their own rights as a homeowner in this association:
I posted this morning that a civil lawsuit was coming soon to the courthouse (obviously the one in McMinnville), and this is the thanks I get...
Chuck Watson - "I really hate these types of comments that are so popular on Facebook. How about instead of putting out this stupid comment with no information, you provide us with the facts?? What is the lawsuit? Who is suing? Why? All you are doing is pissing people off with your attention grabbing antics" (sic)
Leslie Meyer - "This is pretty rude to those of us who just move (sic) to Oak Knoll this past November who really have no idea what the hell you are talking about !" (sic)
Lesli Meyer - "...just joined this site. Guess I will take myself off . (sic) Really don't have to deal with jerks like you."
Leslie Meyer - "I have only on (sic) word left to say to You (sic) "ASSHOLE" (sic)
Link for full context
I have been posting on FB and this blog for years providing nothing but information and facts, and yet because someone is too apathetic and complacent to do a little further reading of previous comments or click the link to this blog here, which is listed in the "About Me" section of the HOA Facebook page, I am berated for not catering to their laziness.
And since when is continuing to provide information to the homeowners "rude"? Is it my fault that a new homeowner didn't do their due diligence in researching this community and HOA before buying their home? I mean really, a simple Google search for "Oak Knoll Homeowners Association Newberg" would show this blog as the #1 result, and my facebook page #2 and my YouTube #3.
When I pointed out the simplicity of doing a little reading of the information that is already there, and asking how proving information is considered "rude," I am then called a jerk for pointing out that that was rich coming from the person who just accused me of being rude; she then proceeded to call me an "ASSHOLE."
Real classy adult mature behavior there folks. Way to thank the one person who has made positive changes to how the HOA Board of Directors have illicitly, illegally and ignorantly ran the HOA since day one.
IF and WHEN I move from this neighborhood, not because of the pain in the ass that the HOA has been or the disrespect and ungratefulness that I've been shown by fellow homeowners as illustrated above (among others who have left disrespectful comments on my FB page), but specifically for the financial gain, you all will miss me and my efforts to keep the HOA on the straight and narrow.
Mark my words! You apathetic and complacent homeowners just simply do not understand what they HOA is capable of and how the can get away with it all, making your lives miserable and eventually forcing you to leave/move out like so many other homeowners have in the past to present.
OKHA Watch Dog
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