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Old 05-06-2013, 10:10 PM
 
Location: Dallas, Oregon & Sunsites Arizona
8,000 posts, read 17,328,019 times
Reputation: 2867

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Why do people seek legal advice in a forum? As far as I know I am the only current poster with any law coursework at all, and I would never ask for, or give, legal advice that was going to cost someone else money, in this or any other forum.
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Old 06-25-2015, 08:27 PM
 
Location: Bend, Oregon
17 posts, read 49,107 times
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I am wondering if the area one lives in is in the city limits and the area that is in charge of the CC&R's don't inforce them but refers you to call the city, then how can the CC&R's even be considered "legal". I am paying for nothing, no how except for some supposed care of a pool house and club house which I will never use?
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Old 06-25-2015, 08:30 PM
 
Location: Bend, Oregon
17 posts, read 49,107 times
Reputation: 17
Quote:
Originally Posted by Steve Pickering View Post
Why do people seek legal advice in a forum? As far as I know I am the only current poster with any law coursework at all, and I would never ask for, or give, legal advice that was going to cost someone else money, in this or any other forum.
Well, in my case I am not really looking for legal advice but just advice. I realize I would have to go to a lawyer if I wanted anything to get done, but just maybe, someone else has had experience in this matter and can give some, "this is what we did" information.

I am sick of paying $270.00 a year fro fees and get absoluitely nothing in return!
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Old 06-25-2015, 08:53 PM
 
Location: Oregon, formerly Texas
10,065 posts, read 7,229,638 times
Reputation: 17146
It would cost, at a minimum, $150 just to talk to a lawyer to discuss the issue. Far more than $270 to do anything about it.
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Old 06-29-2015, 12:58 PM
 
Location: Bend, Oregon
17 posts, read 49,107 times
Reputation: 17
Default Arg!

Quote:
Originally Posted by redguard57 View Post
It would cost, at a minimum, $150 just to talk to a lawyer to discuss the issue. Far more than $270 to do anything about it.
Might be worth it. It has cost me $2,700.00 over the past 10 years to pay for nothing. I would much rather pay an HOA that really used the money to help the neighborhood in a meaningful way. Like, helping the aged to clean their property or snow removal from the elderlies property when they are unable. Many other things it could be used for rather than a pat answer, "Call the city!" The only thing that we believe the CC&R money is doing is to pad the pockets of the owners of Romaine Village (lease portion, not owner land) in Bend Oregon or from what I have been told to help pay for the water bill that is for that area (lease) or the wages of the pool man and the club house worker and the up-keep of these areas that I wouldn't let my dog into.

It's not right that just a few have to pay the CC&R when there are many in the area who do not.

Am I mad , yes!
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Old 06-30-2015, 06:45 PM
 
Location: Bend Or.
1,126 posts, read 2,925,232 times
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Quote:
Originally Posted by IWTT View Post
Might be worth it. It has cost me $2,700.00 over the past 10 years to pay for nothing. I would much rather pay an HOA that really used the money to help the neighborhood in a meaningful way. Like, helping the aged to clean their property or snow removal from the elderlies property when they are unable. Many other things it could be used for rather than a pat answer, "Call the city!" The only thing that we believe the CC&R money is doing is to pad the pockets of the owners of Romaine Village (lease portion, not owner land) in Bend Oregon or from what I have been told to help pay for the water bill that is for that area (lease) or the wages of the pool man and the club house worker and the up-keep of these areas that I wouldn't let my dog into.

It's not right that just a few have to pay the CC&R when there are many in the area who do not.

Am I mad , yes!
A homeowner association is just that, an organization of elected board members, Instead of complaining on a message board, run for office. If it is truly being mismanaged it will be easy to get elected. then change things.
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Old 06-30-2015, 07:26 PM
 
Location: Baker City, Oregon
5,456 posts, read 8,169,998 times
Reputation: 11608
Quote:
Originally Posted by whirnot View Post
A homeowner association is just that, an organization of elected board members, Instead of complaining on a message board, run for office. .........
Or at least go to the meetings, which most people who complain about communist homeowner associations and their power hungry board members never do.
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Old 07-30-2015, 11:23 AM
 
Location: Bend, Oregon
17 posts, read 49,107 times
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Quote:
Originally Posted by karlsch View Post
Or at least go to the meetings, which most people who complain about communist homeowner associations and their power hungry board members never do.
there ARE NO homeowners meetings. this IS A SET OF RULES THAT YOU HAVE TO SIGN OFF ON WHEN YOU buy IN THIS AREA. I AM FOLLOWING WHAT I SIGNED OFF FOR, BUT IT'S NOT FAIR THAT SOME GET TO OPT OUT AND OTHERS HAVE TO COVER THE BRUNT OF THOSE NOT PAYING, IT APPEARS THAT THE MONEY IS NOT BEING USED FOR WHAT IT SHOULD BE, WE HAVE ASKED FOR AN ACCOUNTING OF THE FEES AND WE GET NOTHING!

Sorry for the caps. I am not yelling. It is apparent that many in the area just don't care, they pay the fee with out questioning what it is for. There are homes that truly meet the description of "trailer trash" and no one is doing a thing about it. The CC&R are not enforceable. It's still the same pat answer, "Call the city." I work hard for the money I make to pay the bills, put a roof over my head and food on the table. I want to be able to say that at least I get something for what I pay.

But since this post came out I have found out a few things that may occur in the near future in regards to zoning and this may all be a moot point.
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Old 07-30-2015, 09:14 PM
 
285 posts, read 540,439 times
Reputation: 448
Default HOA governance

I ran an HOA in a small sub that we members self administered. The Bylaws and CCRs cover the administration of the HOA.

Read them over and I will bet that there is a requirement for at least an annual meeting. There are also probably requirements for: 1) a budget, 2) a reporting to the members, 3) report of expenditures at least annually if not more often, election of Board Members.

If they are not meeting those mandatory requirements than any member can sue the board members collectively and individually for relief and damages. So while CCRs and an HOA Board can enforce CCR requirements on residents of the HOA, the members/residents can require the Board to met their responsibilities.

BTW, unfair administration of CCRs that show favoritism to one member and not the same performance required by another member may also be used as evidence for all members to fail to obey a particular CCR.

BTW, Liens for fines due to violations of CCRs and non-payment of dues are another power of the HOA Board. These encumber the title of the property and when a sale is attempted, usually confound the sale.So maintaining a clear title is always a benefit to the member.

Best of luck.
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Old 07-31-2015, 03:29 PM
 
5,048 posts, read 9,614,434 times
Reputation: 4181
IWITT, you seem to have revived the topic of HOAs. And you are in Oregon too. I wonder how the original poster did.

I know in Oregon the Sect. of State administers corporations. It could be helpful to determine if your HOA is registered and paid up as a corporation. Your HOA should be a corporation in order to do business...to establish documents, make covenants and restriction, collect fees, fine, order up yard work, common amenity work, pay HOA common bills for such things, keep bank accounts, save up for future large expenses etc.....unless it is actually just a neighborhood group.

Some states have the list of legally incorporated HOAs clearly ready online. I think yours does:

Oregon Secretary of State: Research a Business

Finding this out is a start to determining what other expectations there are. A corporation may have to have meetings at least once a year according to state corporate laws...but maybe not just a group of neighbors who live near each other.
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