April 2025

Scott Mountain Homeowners Association
Board Meeting Minutes – 04.08.2025

Location: Scott Mountain Elementary School, 11201 SE Stevens Rd, Happy Valley, OR 97086
Next Meeting: Tuesday, May 6, 2025
Board Members Present: Kevin Quick, John Chapman, Josh Gavrich, Ellyn Jeck, Darrell Maxwell, Kathy Barenbrugge
Board Members Absent: Caroline Wharton Homeowners Present: Dave Blank, Nancy Hall Guests: None
Call to Order: 7:04pm by President

Approval of Meeting Minutes: All board members present voted to approve the minutes of the February meeting.

Homeowner Topics:

• Dave G., regarding the CPO:
  • In Clackamas County, a Community Planning Organization (CPO) is a group of citizen volunteers who advise the Board of County Commissioners, Planning Department, and Planning Commission on land use matters affecting their communities.
    • The CPO has disbanded until a new board made up of 3 members can be established.
    • During the final meeting of the CPO, the following were discussed and shared with the SMHOA:
      • Clackamas County, Oregon, plans to establish a recovery center for individuals struggling with substance use disorders at the former Clackamas Elementary School, located at 15301 SE 92nd Ave. in Clackamas, which the county recently purchased. Planning to have the facility operational by 2026.
      • Crime statistics for the area were discussed and seem to be flat year over year. The statistics can be viewed on the county’s website.
• Dave B. recommendations:
  • Submitted a document (see attached) outlining ORS 94.670 requires HOAs to distribute an annual financial statement within 90 days of fiscal year-end.
    • It’s unclear whether Scott Mountain HOA currently complies. Dave requests that the board confirm this and take action to ensure deadlines are met and state requirements fulfilled.
  • Requested confirmation of whether the HOA filed form 1120-H with the state.
    • IRS Form 1120-H allows HOAs to exclude homeowner assessments from taxable income if certain criteria are met. It’s unclear if Scott Mountain HOA currently files this form. Dave requests that the board confirm what form is used and ensure timely filing to maintain tax-exempt treatment on assessment income.
  • The treasurer informed the group that he will have updated information sometime after the new fiscal year (May 1st).

BOARD OFFICERS/COMMITTEE REPORTS
President: Kevin Quick

• Have received an update on the Cherry tree at the junction of paths in the Central woods: not an imminent danger, but it does show some worrisome signs, and it is an invasive contributing to spread of same in the Central woods, so we will put this on the list to be removed the next time we need tree services.
• Investigating asphalt path repair costs and potentials.

 
Vice President: Josh Gavrich

• Nothing to report

Treasurer: John Chapman

• Forecasted budget for fiscal year 2025-2026 was provided
  •  Revenue forecasted to be $42,095
  • Projected balance for fiscal year end 2024-2025 is $35,284 which satisfies the reserve goal
    
• Newsletter planning:
  • President statement
  • 2025-2026 budget report
  • Possible implementation of Zelle as a form of annual dues payment
  • Storm drains to be kept clear (homeowners have voiced concerns)
  • Reminder about RV parking and street parking in the neighborhood (Article IV, Section 4.1(8)
  • Schedule a neighborhood trash clean-up day to rally residents to participate
• (NOTE: Zelle is a digital payment platform that allows people to send and receive money quickly using just an email address or mobile phone number. It’s built into many major bank apps, so there’s no separate account or balance—payments move directly between bank accounts, typically within minutes. Zelle is often used for personal transactions like splitting bills or paying rent, but it’s also being used by some small organizations for dues or donations.).

Secretary/Environmental: Darrell Maxwell

• Confirmed Spring Yard Waste Bins: Drop-off Friday, May 16, Pick-up Monday, May 19
  • Please be advised that the precise location of the bins can’t be guaranteed.
• Rough draft of a New Board Member Orientation Packet shared with the group

Architectural: Kevin Quick

• 95th CT. – New homeowner has a work truck that may need to be parked on the street periodically. This homeowner has submitted a verbal request to change the design of a fence.

Covenants: Ellyn Jeck

• Letter sent to homeowner outlining planned fines to be imposed for inappropriate cutting of trees – waiting for a response.
  • Next step is to send a follow-up letter
  • Note: According to Article IV, Section 4.1(21) of the Scott Mountain CC&Rs, no trees with a diameter of six inches or more (measured at five feet above ground level) may be removed without prior written approval from the Architectural Control Committee. Per Article IX, Section 9.3, if a homeowner removes a tree in violation of this rule, the Association may impose a fine of up to $25 per inch of the tree's stump diameter. The Association may also restore the landscape and charge the homeowner for the full cost of restoration.
• The cherry tree in the central woods that’s leaning significantly has been checked by an arborist, who sees a moderate risk of it falling. He’s also concerned that the tree is invasive and has spread its seeds throughout the area. There are several new cherry trees starting to grow nearby, which we should consider removing before they get too large. It’s been confirmed that the main cherry tree is located on HOA property.

Kathy Barenbrugge: Organizing a walking tour of the neighborhood. Anyone interested in participating should email: [email protected].
 
Caroline Wharton: None

General Discussion: None.

Adjournment: Meeting adjourned by President at 8:27pm.

Next Regular Board Meeting: Tuesday, May 6, 2025 – in person – Scott Mountain Elementary School, 11201 SE Stevens Rd, Happy Valley, OR 97086
http://www.scottmountainhoa.com/ for any changes to the meeting location or schedule

See attachment on following pages
 
ORS 94.670 – Association Duty to Keep Documents and Records

(1) A homeowners association shall retain within this state the documents, information, and records delivered to the association under ORS 94.616 (Turnover meeting), and all other records of the association for not less than the period specified for the record in ORS 65.771 (Corporate records) or any other applicable law, except that:

• (a) The documents specified in ORS 94.616 (3)(f), if received, must be retained as permanent records of the association.
• (b) Proxies and ballots must be retained for one year from the date of determination of the vote, except that proxies and ballots relating to an amendment to the declaration, bylaws, or other governing documents must be retained for one year from the date the amendment is effective.

(2) (Intentionally left blank.)
(3) All assessments, including declarant subsidies and all other association funds, shall be deposited and maintained in the name of the association in one or more separate federally insured accounts, including certificates of deposit, at a financial institution, as defined in ORS 706.008, other than an extranational institution. Except as provided in paragraph (b) of this subsection, funds must be maintained in an association account until disbursed.

• (b) Subject to any limitations imposed by the declaration or bylaws, funds may be used to purchase obligations of the United States government.

(4) Within 90 days after the end of the fiscal year, the board of directors shall:

• (a) Prepare or cause to be prepared an annual financial statement consisting of a balance sheet and income and expense statement for the preceding fiscal year; and
• (b) Distribute to each owner and, upon written request, any mortgagee of a lot, a copy of the annual financial statement.

(5) Subject to ORS 94.671, the association of a planned community that has annual assessments exceeding $75,000 shall cause the financial statement required under subsection (4) of this section to be reviewed within 300 days after the end of the fiscal year by an independent certified public accountant licensed in the State of Oregon in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants.
(6) The association of a planned community created on or after January 1, 2004, or the association of a planned community described in ORS 94.572 (Platted subdivision prior to recording of declaration), that has annual assessments of $75,000 or less shall cause the most recent financial statement required by subsection (4) of this section to be reviewed in the manner described in subsection (5) of this section within 300 days after the association receives a petition requesting review signed by at least a majority of the owners.
(7) An association subject to the requirements of subsection (5) of this section may elect on an annual basis not to comply with the requirement of subsection (5) by an affirmative vote of at least 60 percent of the owners, not including the votes of the declarant with respect to lots owned by the declarant.
(8) (Intentionally left blank.)

• (a) The association shall provide, within 10 business days of receipt of a written request from an owner, a written statement that provides:
  • (A) The amount of assessments due from the owner and unpaid at the time the request was received, including:
    • (i) Regular and special assessments;
    • (ii) Fines and other charges;
    • (iii) Accrued interest; and
    • (iv) Late payment charges.
  • (B) The percentage rate at which interest accrues on assessments that are not paid when due.
  • (C) The percentage rate used to calculate the charges for late payment or the amount of fixed charge for late payment.
• (b) The association is not required to comply with paragraph (a) of this subsection if the association has commenced litigation by filing a complaint against the owner and the litigation is pending when the statement would otherwise be due.

(9) (Intentionally left blank.)
(10) Except as provided in paragraph (b) of this subsection, the association shall make the documents, information, and records described in subsections (1) through (4) of this section and all other records of the association reasonably available for examination and, upon written request, available for duplication by an owner and any mortgagee of a lot that makes the request in good faith for a proper purpose.

• (b) Records kept by or on behalf of the association are not required to be made available as described in paragraph (a) to the extent the record:
  • (A) Relates to personnel matters.
  • (B) Is communication with legal counsel that relates to privileged matters.
  • (C) Would disclose information in violation of law.
  • (D) Involves documents or minutes from executive sessions of the board.
  • (E) Pertains to individual owners other than the requester.

(11) The association shall maintain:

• (a) A copy, suitable for the purposes of duplication, of the declaration and bylaws including any amendments, the plat, rules, and regulations currently in effect.
• (b) The most recent financial statement prepared pursuant to subsection (4).
• (c) The current operating budget.
  
• (d) The reserve study described in ORS 94.595.
• (e) Architectural standards and guidelines, if any.

The board of directors, by resolution, may adopt a policy governing the frequency, time, location, notice, and manner of examination and duplication under this section, including the imposition of a reasonable fee for furnishing copies. The fee may include personnel costs for copying the requested materials.
​
[1981 c.782 §48; 1999 c.677 §21; 2001 c.756 §20; 2003 c.569 §15; 2003 c.703 §20a; 2007 c.340 §1;
2009 c.641 §13; 2011 c.532 §17; 2017 c.111 §2; 2021 c.40 §13]