Inforcing CC&R'S

[HPH23]

My family moved to RV in 1995 and it has been many years since we used the pool because it was so ill kept and in disrepair. My mom tried to use the clubhouse once for a staff party and was given two different excuses from the two (sisters, if I remember correctly) managers for why she would not get her $50 deposit back and neither excuse was remotely true. She has not paid her HOA fee for a long time and after I bought a house in the same area five years ago, I haven't either. I was never given a pool card, if that's what they even use anymore, and do not intend to. However, I'm applying for a refinance and found out I have to report my HOA fee account... so now I'm not sure what to do. I hate that $22.50 of my monthly check goes towards nothing! Has anyone found any information on a way to opt out since this original post? Or where to even find the documents for the CC&Rs or anything else related to the HOA?

[Larry Caldwell]

HOAs normally sunset after a set term. If your neighborhood is over 20 years old, you probably don't have one any more. The info may be on the original HOA contract, or maybe your title search picked it up when you bought. Check your purchase documentation.

The Secretary of State also maintains a list of all corporations in Oregon that you can search online. If the HOA corporation is no longer active, it's a dead issue.

[HPH23]

So I just refinanced my property in Romaine Village and asked the title company about the HOA here and was given two large printouts. One was the original protective restrictions and the other was an amendment to them. The amendment's purpose was to eliminate the assessment contained in Section 23:

"Developer has constructed and maintains a recreation area including, but not limited to, a recreational hall, swimming pool, therapeutic pool, sauna, and exercise room. Developer shall have the right to impose an assessment against each lot owner in an amount not in excess of $10 per month for the maintenance, repair, remodeling, insurance, taxes, and overhead cost of operation of all recreational facilities. Such assessment shall be uniformly applied to all lots. Lot owner means all owners of a lot as shown on Developer's records. The assessment shall begin at the time the lot is occupied or six months from the date of the purchase of the lot, whichever event is the first to occur."

The amendment states that:

"Whereas, Section 17 of the Protective Restrictions provides that the owners may amend the Protective Restrictions after a period of twenty-five years, provided a majority of the lot owners agree with the amendment; and,
Whereas a majority of the lot owners of Unit 8 desire to delete Section 23 of the Protective Restrictions, and the current $20 per month assessment.
It is therefore agreed, the undersigned execute their signatures below as a vote in the affirmative to delete Section 23 of the Protective Restrictions.
In all other aspects, the Protective Restrictions as heretofore recorded shall remain in full force and effect."

Then there are a bunch of signatures from the clerk and recorder, the different owners of the neighborhood, and other signatures regarding the amendment, for unit 9 as well.

To me, this looks like, at least for unit 8 and 9, which I am a part of, that we do not have to pay the assessment. I am reading this wrong? Is there somewhere I could take this to to have it explained to me? If the assessment is no longer a part of the protective restrictions for Romaine Village, am I still required to pay?

Thanks in advance for any help!

[IWTT]

I have seen this before as well. When I read it I interpreted it to mean our sections 8&9 opted out and we shouldn't be paying that fee. I even had a couple of people from my section tell me that they weren't paying because they sections opted out.

I don't know what to say. If it weren't for the fact that my grand daughter loves to go down to the pool I would still be "chomping at the bit" about paying this fee.

In defense of the Romaine office, they did just last year invest $150,000.00 dollars in remodeling both club house and pool. The pool is very nice now, though they do not have an exercise room anymore. It is well maintained. I haven't seen the club house yet but my son was in there a while back and said it really looked nice. So hopefully our $22,50 helped make that change and we can have the benefit of use.

[IWTT]

HPH23

I have a family member who works in real estate appraisal and he brought me copies of the CC&R and that amendment that you mentioned in your post. I believe the OPT OUT amendment was done in 2000.

I am going to see if I can find a free paralegal advice that can help me understand more about this issue. I think what we have been asked to sign as an agreement for CC&R fees is an older copy of the Unit 8 CC&R's rather than the amended one that took out section 23 from the CC&R's. If that is the case, maybe we there are legal ramifications for getting our money back. That would be for anyone who moved in section 8 after 2000.

Anyway, I will keep things posted here as I find out what is what.

[IWTT]

Follow the money... The battle over the CC&R fees have been going on for the pasts 20+ years. Many people in the area are not wanting to pay the fee because it provides "zero" service. We are in the city limits and if you call them about a problem they tell you to call the city.

I met some folks who lived in RV almost from the beginning and was told about the battle of getting rid of the CC&R charges. So as I said, this has been a long battle. I too saw that revised "Legal Document" and have the same questions. It would need to be taken to a lawyer for interpretation.

Also, I know someone in RV that has requested an accounting of the monies that have been paid towards the CC&R's and to this date (about 6 years now that I know of) they have never been given the information. This stinks. Someone is getting a big chuck of change off of our payments with nothing in return.

[IWTT]

Can someone tell me this... I found recorded with the city in 2000, a document that was signed by the residence of what is called unit 8, which I live in, in a mobile home park. Land is owned by owners, not the lease section. It was recorded that a specific section of the CC&R's was deleted. That section was removed and the section had to do with the monthly fees that was paid to Romaine Village for basically upkeep of a pool and the club house. According to this recorded document, section 23 is deleted.

My question is this. Wouldn't this stand for any new people who moved in the Unit 8 area?

https://www.firstam.com/assets/title...2000-46281.pdf