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Subject: Enforcing CC & R's
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HeatherM10
(Oregon)

Posts:1


01/13/2019 2:55 PM  
I live in a neighborhood with 41 homes. The Articles of Association and Bylaws were updated in 1997, but have never had anything done with them since. The CC & R's were written in the 60's, and updated with the county in 1997 as well. The Articles/Bylaws were originally written to help the neighborhood with their private water system and maintaining private roads. We now are on domestic water and we still must maintain roads. Our CC & R's are very vague, but non the less, we still have them. Our board recently wrote up a document that is a supporting document to give a more detailed explanation of the CC & R's, so the neighbors understood better what they meant. Here is one of our CC & R's-No unlicensed cars, or cut-up car bodies are allowed on the lot, unless they are put behind a fence** so they are screened from neighborhood view. In our supporting document, we wrote this explanation-"This includes all vehicles (equipment, bicycles, wagons, motor cycles, cars, buses, all watercraft, utility trailer, car trailer, etc.), abandoned and/or disabled. Considered to be abandoned if not regularly used or usable." We also made a procedure for enforcing compliance, which stated we would first mail out a letter, with a fine schedule, etc.

The Procedure for Enforcing Compliance with the fie schedule and Supporting Document for CC & R's was just recently created. One neighbor went to her lawyer because she didn't feel we could enforce the CC & R's without first changing the verbiage of the Articles of Association and Bylaws. These documents don't say anything about enforcing the CC & R's or a fine schedule. Her lawyer says that the Board is exceeding the authority that is EXPRESSLY stated in both the Articles and By-Laws. Unless or until they are amended, reviewed and approved by owner vote as stated, new rules outside the scope of the defined authority have no bearing.

He says our Association was formed for the maintenance and repair of subdivision roads, and for the efficient and proper distribution and maintenance of the well and distribution system for domestic water. Paragraph B specifically states that any actions or steps the Association takes (not the Board) are to do what is necessary and proper to accomplish the specific purposes set forth in Paragraph A.



Your feedback would be greatly appreciated
TimB4
(Virginia)

Posts:16296


01/13/2019 3:19 PM  
Since the attorney had the actual documents and (I expect) background info, I would suggest listening to them.

If the Board is exceeding their authority (which happens), and they won't listen or their legal opinion (if they get one) differs from the one you received, a court will have to make the determination.
JohnC46
(South Carolina)

Posts:8268


01/13/2019 3:22 PM  
Posted By TimB4 on 01/13/2019 3:19 PM
Since the attorney had the actual documents and (I expect) background info, I would suggest listening to them.

If the Board is exceeding their authority (which happens), and they won't listen or their legal opinion (if they get one) differs from the one you received, a court will have to make the determination.




Simple and sound advice.
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