Tuesday, April 10, 2012

Actions against HOA BOD and HOA itself is possible!!!!


ORS 94.777 Compliance with bylaws and other restrictions required
• effect of noncompliance

Each owner and the declarant shall comply with the bylaws, and with the administrative rules and regulations adopted pursuant thereto, and with the covenants, conditions and restrictions in the declaration or in the deed to the lot. Failure to comply therewith shall be grounds for an action maintainable by... the homeowners association or by an aggrieved owner. [1999 c.677 §36]

--The HOA BOD, nor the management company and/or law firm on retainer...have the final say on anything where this community is concerned.

The Oregon Planned Community Act (not to mention the Federal Fair Housing Act) was put in place to protect homeowners against egregious acts by the HOA BOD.

Action can be taken, but as a majority (not a minority) of homeowners!!!
 
HOA Bylaws: REMOVAL OF DIRECTORS
"At any regular or special meeting of the Association duly called, any one or more of the directors other than a director appointed by Declarant may be removed with or without cause by a majority vote of the Members present in person or by proxy, and a successor shall be elected at that meeting to fill the vacancy thus created. The notice of any such meeting shall... state that such removal is to be considered, and any director whose removal has been proposed shall be given an opportunity to be heard at the meeting."

--I propose that several of us homeowners coordinate and make it a point to attend a regular scheduled meeting of the Association and vote to have Tony Roos removed as the President of the HOA Board of Directors.

His past behavior prior to being on the BOD with a letter accusing them of being "Nazi's" and "supreme rulers" is highly prejudicial and unprofessional; not to mention the fact that he has failed to demonstrate sound judgment in executing his duties as President where the enforcement of the CC&Rs are concerned while violating several of those he and his board have made a point to enforce via harassment of other homeowners.

Monday, April 9, 2012

HOA BOD President's own home an "eyesore" in the community!!!

What does it say about the President of the HOA (who has been for several years) who DOES NOT FOLLOW the CC&Rs!?!


Just how many violations of the CC&Rs can you count!?!

From the start I can spot at least 5, the most obvious being the yard trash bin; which is ironic yet hypocritical given the fact that the BOD have been hell bent on sending notices to people about their trash bins and where they are located, even if and when they are for all intent and purpose within the guidelines (i.e. language) of the CC&Rs.

Clearly our BOD, specifically Mr. Roos, sets a poor example and has NO BUSINESS being the President of the HOA BOD when he himself cannot set "the" example and maintain his home and yard, let alone follow the CC&Rs to THE LETTER, meanwhile selelectively holding others accountable for that which he does not hold himself.

Saturday, April 7, 2012

You CAN park your car on the street!!!


You can park your car on the street, and DO NOT let the board of directors tell you otherwise!!!

Now President Tony Roos and his 2001 "Nazi" letter to BOD





All of this speaks for itself!!!!

OKHOA WATCHDOG NOW ON FACEBOOK!!!!

http://www.facebook.com/profile.php?id=100003731372036&viewas=100000686899395&returnto=profile&sk=wall#!/profile.php?id=100003731372036

Come visit my new Facebook Page for those who don't have an account or wants to sign up in order to post here.

I need to hear from more of you, and we all need to communicate more...and clearly Facebook is one of the most popular social media websites where people reach out and talk with one another.

Please stop by, send a friend request and/or post your thoughts freely!!!

Thank you!

OKHA WatchDog

Thursday, March 22, 2012

Discrimination in the HOA!?!

It has been brought to my attention that the Oak Knoll Homeowners Association Board of Directors are exhibiting DISCRIMINATION against families (i.e. couples with children)!!!!!

Sorry...old farts on the BOD or those who do not like children; if you did not want to be around those with families...then maybe you should have moved into a community with retired folk then!!!!!!

Despite a so-called "professional management company" and the so-called best HOA law firm in the Portland Tri-Met area...our HOA is making one legal SNAFU after another.

I am only one person in this Community, and until more of you speak up and out against the HOA...not just at the meetings but here and to me...no change is going to take place!!!!!!!!!

This has to be a GROUP effort!!!! We need a MAJORITY vote to legally abolish the HOA!!!!

The HOA has served no good or purpose since its inception in this community. There is no doubt that that path will not change in the future...less you like arbitrarily contributing $14,000.00 or more to an ILLEGAL reserve account that benefits members of the BOD of the HOA at your expense!!!!!

Fellow homeowners...you really need to start talking more about what is more important to our livability in Oak Knoll.

Do you want a tyrannical BOD who believe they can disregard the law and enforce the CC&Rs in a selective and discriminatory manner...or do you want fairness, equality, and justice living within our own homes and the community we live in!?!

OKHAWATCHDOG

Saturday, February 11, 2012

CC&Rs "CANNOT" overrule or supersede city ordinances" - Newberg City Planner

As I have described more than one in previous blogs, the HOA Board of Directors are under the false legal advice of Christopher Tingey, the HOA attorney, that the CC&Rs are the legal precedent that overrules all laws, to include local, state and federal laws. This bad legal advice couldn't be any further from the truth.

Law 101, Federal is THE law, then state, then local, then county, then and ONLY then...private party contracts like the CC&Rs.

I submitted the question to the City of Newberg Planner and this was his response:

"Here is a link to the City’s Code regarding maintenance:


A CC&R is a type of private contract between parties.  CC&Rs can’t “overrule” or “supersede” city ordinances unless the city is a party to the agreement, which it usually isn’t.  But they could assign responsibilities for upkeep so that the code is not violated.  

In general we encourage homeowners associations to work cooperatively to maintain the street trees and planter strips, as this usually provides more consistent maintenance.

I hope this helps."

Barton Brierley, AICP
Planning and Building Director
City of Newberg
P.O. Box 970, Newberg, OR  97132
503-537-1212    Fax 503-537-1272

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The above underline was my emphasis...and the fact is that the City of Newberg IS NOT a party to OKHA CC&Rs.

What the City of Newberg is a party to is the original developer's contract with the city when developing the Oak Knoll Community. A contract that has been VIOLATED by the developer and NOT enforced by the City of Newberg (i.e. the planting of street trees before occupancy permits were to be issued).

I am curious...my fellow homeowners, why do so many of you remain so complacent and apathetic to the ignorance and violations that the Board of Directors - under the advice of a supposed professional management company & the top law firm in the Portland Tri-met area on Homeowners' Associations - continue to commit upon us individually and collectively!?!