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I live in garden villa service maintenance association and…

Customer Question
I live in garden...

I live in garden villa service maintenance association and our monthly dues pay for repairs and replacement of siding roofs and gutters. The maintenance is always ongoing and our monthly dues increase but now the board has decided to take $5 million dollar loan and pass a special assessment that is almost twice as much as our current monthly dues and that is in addition to our dues. Can the board do this without the residence voting for or against this ? This is being forced upon us and we can’t afford it. This is a 55+ community.

Lawyer's Assistant: Where is the property located?

King City Oregon

Lawyer's Assistant: Has any paperwork been filed?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can’t think of anything

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/8/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,314
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Do you have a copy of your governing documents? The Association can only take the actions that are set out in the governing documents in the precise manner set out by those documents. We would want at look at the section on special assessments.

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Customer reply replied 4 months ago
I do but it is thicker than the Bible
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

I bet.

Here is the issue:

"What is a Special Assessment? The term “special assessment” is not defined in the Oregon Condominium Act (ORS Chapter 100) or the Oregon Planned Community Act (ORS 94.550 to 94.793). Generally, governing documents define or describe a special assessment as an assessment not typically or regularly imposed (e.g., monthly, quarterly, semi-annually, or annually) for expenditures that exceed or are outside the adopted budget.

From time to time, it may be necessary for the association to levy a special assessment for repair and maintenance that needs to be performed by the association. This is more common in condominiums and communities where the association has the responsibility to maintain, repair, and replace the exteriors of the building or buildings. Special assessments for maintenance, repair, or replacement may be necessary for a variety of other reasons, including inadequate reserves, unanticipated damage or failure of a building component, or a shortfall in settlement funds from a construction defect lawsuit.

Carefully Examine Governing Documents. Whatever the circumstances that give rise to the need for a special assessment, it is imperative that the association seeks the help and advice of legal counsel to ensure a thorough examination of the governing documents and relevant statutes. Under some documents, the board has authority to levy the special assessments; however, under other governing documents, there are restrictions on the board’s authority or a requirement of a vote by the owners.

Considerations. In deciding whether or not to levy a special assessment, as well as the manner of the special assessment, the board should consider factors such as:

• The timing of the assessment
• The amount of the assessment
• The owners’ ability to pay the assessment
• Whether the assessment must be paid in a lump sum or over time
• Possible incentives to pay the assessment up front
• If the association has the option of borrowing the necessary funds and repaying the loan from assessments" https://www.vf-law.com/articles/special-assessments/

If you can attach the documents I can find the "bible" versus that apply very quickly.

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

This link sets out all the laws that govern associations in Oregon. As you can see the governing documents are the preeminent laws

"Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Considerations:

  • State laws affecting Common Interest Communities vary widely.
  • Bills affecting Common Interest Communities are frequently being introduced in state legislatures and may be in different stages of consideration, approval, or enactment.
  • It is not uncommon to find conflicts within or between governing documents such as the covenants and the bylaws. There may also be conflicts between governing documents and statutes. When this occurs, attorneys must often consider applying Rules of Intepretation.
  • Because of the wide variance in state laws, constant changes and possible conflicts in governing documents or statutes, it is strongly recommended that association boards and members seek legal counsel and especially with firms that have expertise or strong practice experience in the area of Common Interest Community law. A good starting point is to check the HOA-USA Partner Directory for your respective state.

Oregon State Laws:

https://www.hoa-usa.com/statelaws/or.aspx

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Customer reply replied 4 months ago
Not satisfied with answer will have to go to an attorney thank you
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Can you attach the documents?

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Customer reply replied 4 months ago
No good bye
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

How can I possibly know what your documents state when each association has their own documents? I am willing to review them for you.

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