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Subject: Change CC&R without active HOA
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Author Messages
KatieE
(Oregon)

Posts:13


05/20/2021 4:45 PM  
We live in a neighborhood with CC&R’s and no HOA. No one follows these rules besides the rule that states only manufactured homes are allowed, no stick builts. A lot of these manufactured homes are old and need replacing.
There is also a monthly fee of $22.50 for a a pool. Neighbors have asked to see the financials for the fee we are paying and have never seen anything in return.
In the past neighbors have tried to change the CC&R’s but from what I’m reading on the court papers is that we have to have an active HOA to change these rules? Even though our CC&R states we only need majority vote to change our rules.
Does anyone here have any experience with changing your neighborhoods CC&R’s without an HOA.
JohnT38
(South Carolina)

Posts:790


05/20/2021 4:52 PM  
What court papers? Also, what does stick built vs manufactured homes have to do with this?
KatieE
(Oregon)

Posts:13


05/20/2021 4:54 PM  
Our CC&R’s state that we can only have manufactured homes.
DouglasK1
(Florida)

Posts:1687


05/20/2021 5:04 PM  
If there is no HOA, who collects the fee and maintains the pool?

Escaped former treasurer and director of a self managed association.
KerryL1
(California)

Posts:8705


05/20/2021 5:12 PM  
By "HOA," Katie, do you mean there's no HOA board of directors?

With Douglas, where do you send your monthly fees?
KerryL1
(California)

Posts:8705


05/20/2021 5:12 PM  
By "HOA," Katie, do you mean there's no HOA board of directors?

With Douglas, where do you send your monthly fees?
KatieE
(Oregon)

Posts:13


05/20/2021 5:21 PM  
We have no HOA. No board of directors. No on one enforcing CC&R’s.

There is a pool in the mobile home park about a mile down the road(which is not in our direct neighborhood) that our fee is for. Whoever owns the mobile home park will sometimes file lawsuits against those who break the CC&R’s but it is not consistent on who they are suing and for what. Everyone is breaking some form of the CC&R, the only one no one has broke yet, is the only manufactured home only rule.

We do not live in a mobile home park. We own our land. There is a mobile home park down the road that our neighborhood is tied to. We want to change this.


The majority of the neighborhood wants to get rid of this fee as we feel this is a pool for the mobile home park. We have asked to see how our money is being used on the pool and we have never seen any documentation.


KatieE
(Oregon)

Posts:13


05/20/2021 5:22 PM  
We have tried to figure this out. There is an office for the mobile home park that sends out the fees.
AugustinD


Posts:1856


05/20/2021 5:28 PM  
KatieE,

-- Would you please quote exactly what the CC&Rs say about (1) the pool; and (2) any fees associated with living on the lot on which you reside?

-- If the CC&Rs do not speak of a HOA, and if the Oregon Secretary of State, Corporations division, does not have a record of any HOA, then you should get together a group to chip in and hire an attorney to advise you on how to amend the CC&Rs.

-- Amending CC&Rs (when there is no HOA) is not unusual. But every i must be dotted and t, crossed. You all absolutely cannot do this successfully, and with legal force, without hiring an attorney.

-- For a proposed amendment to pass, what percentage must vote in favor of the proposed amendment?
KatieE
(Oregon)

Posts:13


05/20/2021 6:07 PM  
I've attached our CC&R's
it does state in section 17 that a majority vote of the neighborhood would change the rules. However back in 2003 the neighborhood did this and the court came back and said it needs to be a 75% vote and there needs to be an HOA.

We will definitely be going the route of getting an attorney. We want to make sure this is something that is possible before we spend the money.

Attachment: 152073856171.pdf

AugustinD


Posts:1856


05/20/2021 6:35 PM  
KatieE,

-- I see a HOA that may be your HOA listed at the Oregon Secretary of State site (R______ V_____ Homeowners Association). It appears to have been involuntarily dissolved in 1994. Involuntary dissolution is not a big deal. Involuntary dissolution occurs usually because someone forgot to pay the annual corporate registration fee. Legal rights do not go away just because a corporation is involuntarily dissolved. The HOA is likely easily resurrected.

-- I would contact the Oregon Secretary of State via https://sos.oregon.gov/Pages/contactus.aspx
and ask for a copy of the Articles of Incorporation of this HOA. The Articles of Incorporation might tell you a lot more.

-- What you attached appears to be for one part of a larger community. The larger community may have more covenants that go with it. You should go to the County Clerk's and ask for all the covenants associated with R______ V________.

-- This site seems to have some helpful information about the pool fee and who should be paying it:
https://www.city-data.com/forum/bend/1769047-inforcing-cc-rs-5.html

-- This site also seems to have some helpful information: https://www.sunnyinbend.com/blog/67583/Romaine+Village+Home+For+Sale

-- Once you have a copy of the Articles of Incorporation and have spoken with the County Clerk and obtained all covenants that apply, study the documents. Report back here with whether these documents indicate the lots are subject to a HOA.

KatieE
(Oregon)

Posts:13


05/20/2021 8:30 PM  
I really appreciate you taking the time to look in to this for me.
Once I find out more on the Articles I will touch back.
Thank you!
KatieE
(Oregon)

Posts:13


05/21/2021 9:08 AM  
The Articles of Incorporation say that the HOA has not been active since 1994

AugustinD


Posts:1856


05/21/2021 9:29 AM  
KatieE,

-- In my experience, the "inactivity" is for the most part not relevant to the enforcement of the covenants. I would operate under the assumption that the corporation still has the legal right to do what the Articles of Incorporation state.

-- Attached is what appears to be covenants applying to Unit 4's lot (and other lots), dating to 1973. Notice that covenants 23, 24 and 25 speak of a pool and other amenities and an assessment to the lots to pay for these amenities.

-- These covenants, and other units' covenants, also appear via a search of R____ V____ at https://deschutescountytitle.com/ccrs/

-- Some of the units (but not unit 4) did record amendments to their covenants, deleting the covenant on paying an assessment. E.g. Unit 9 and Unit 8. Unit 9's 2002 amendment has the signatures of a majority of Unit 9 lot owners.

-- You could copy verbatim what Unit 9 filed with the county, then appear at a real estate attorney's door with this copy, and ask if this is all that is needed to get rid of the assessment.

-- Regarding inspecting the books, you can make a formal request to the registered agent of the R__ V___ HOA, pursuant to https://www.oregonlaws.org/ors/65.774 and https://www.oregonlaws.org/ors/65.771. Send the formal request certified mail, return receipt requested. Be specific about what you want, using the latter linked statutes as a guide to what you want to request.

Attachment: 1521293172471.pdf

KatieE
(Oregon)

Posts:13


05/24/2021 1:18 PM  
I have been trying to upload the court papers I found for the 2003 amendments but unfortunately it says the file isn't working.
The court ruled against the amendment because it didn't have 75% majority vote. Even though our CC&R says that we only need a majority vote to change it. From what I gathered from this, if we had an HOA only the majority would be needed. Without and HOA we need 75%
AugustinD


Posts:1856


05/24/2021 4:18 PM  
Posted By KatieE on 05/24/2021 1:18 PM
I have been trying to upload the court papers I found for the 2003 amendments but unfortunately it says the file isn't working.
The court ruled against the amendment because it didn't have 75% majority vote. Even though our CC&R says that we only need a majority vote to change it. From what I gathered from this, if we had an HOA only the majority would be needed. Without and HOA we need 75%
I would be checking the court filings (including what each side submitted) to understand the reasoning here.

To attach a pdf file to a post in this forum, the pdf file must be smaller than a certain kilobytes.
AugustinD


Posts:1856


05/24/2021 5:57 PM  
These two Oregon statute sections, under certain conditions, speak of a 75% affirmative vote of owners to amend:

https://www.oregonlaws.org/ors/94.590

https://www.oregonlaws.org/ors/94.573

I think these may apply even to an Oregon planned community built circa 1973. See the definitions at https://www.oregonlaws.org/ors/94.550
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Forums > Homeowner Association > HOA Discussions > Change CC&R without active HOA



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