Board Meeting Minutes – 11.12.24
Location: Monarch Hotel Conference Center, Room 248
Next Meeting: Tuesday, January 7, 2025
Board Members Present: Kevin Quick, John Chapman, Darrell Maxwell, Josh Gavrich, Ellyn Jeck
Board Members Absent: None
Homeowners Present: Dave Blank, Nancy Hall, Niel Gavrich, Kathy Barenbrugge, Caroline Wharton, James Allen, John Williamson, Tom Carle
Guests: None
Call to Order: 7:01pm by President
Approval of Meeting Minutes: All board members present voted to approve the minutes from the October meeting with correction of 'Idleman' spelling and the date for the next regular board meeting.
Board Member Terms Up for Renewal and Nominations:
- Josh Gavrich
- Darrell Maxwell
- Two new nominees:
- Caroline Wharton
- Kathy Barenbrugge
Homeowner Topics:
- John Williams: inquired as to who is the owner of the home adjacent to his, potential adult foster home, perceived lack of friendliness of individuals coming and going from the home.
- Kevin Quick advised that a letter was sent addressed to the homeowner at 9844 SE Kela Ct outlining HOA bylaws and covenants.
- To date, the owner hasn’t responded.
- Recommends that we try to make contact again.
- Kevin Quick advised that a letter was sent addressed to the homeowner at 9844 SE Kela Ct outlining HOA bylaws and covenants.
- Dave Blank: suggested adding a bylaw restricting adult foster home facilities.
- Kevin noted that the special session held on 8/14/24 resulted in a determination that the operation of adult care facilities is a violation of the existing covenants.
- The decision was based on Article IV, Section 4.1(4) of the Scott Mountain Protective Covenants, it states: "No trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any lot, nor shall any goods, equipment, vehicles, materials, or supplies used in connection with any trade, service, or business be kept or stored on any lot.”
- Kevin noted that the special session held on 8/14/24 resulted in a determination that the operation of adult care facilities is a violation of the existing covenants.
- Tom Carle: comment on the home that is most likely operating as an Airbnb.
- Kevin previously spoke with the homeowner who acknowledged the restrictions and claimed he would remove the rental listing.
- To date, it seems that the rental posting has not been removed.
- Next step is to contact Airbnb to request that they deactivate the listing.
- Fines may be assessed: Article IX, Enforcement section, describes the HOA’s rights to enforce compliance, including imposing fines for violations and specifying procedures for handling non-compliance.
- Kevin previously spoke with the homeowner who acknowledged the restrictions and claimed he would remove the rental listing.
- James Allen: requests that the board address an issue with a mattress that has been sitting in front of the home at 10656 99th since July.
- Kevin will speak with the homeowner about the mattress and a car that has been parked on the street for an extended period.
- The porta-potty has been removed from the corner on Idleman as of 11/12.
- Dave Blank: previously emailed examples of Microsoft Excel Income Statement and Balance Sheet that he claims are required (see attached).
- Dave expressed concern that if the HOA does not use the specific forms, the HOA may be out of compliance with the Covenants and State of Oregon.
- Dave inquired about the HOA's tax filing status, specifically whether it files under Section 528 or 501(c)4. Requests confirmation of how the HOA files.
- The treasurer states that the way the financial reports are currently being presented is appropriate for SMHOA and there are no plans to use the forms that Dave provided.
- President concurs with and defers to Treasurer’s decision.
BOARD OFFICERS/COMMITTEE REPORTS
President: Kevin Quick
- Confirmed that no homes in the SMHOA are listed on the county register of Adult Foster Care type facilities.
- Holiday Lights Contest:
- Vote deadline moved to 12/20.
- Drop off six winner yard signs to Darrell.
- John to order six gift cards for the winners.
- Josh to explore a QR code voting option using Google Docs.
- Caroline may have battery operated fairly lights to adorn the box at 98th and King Way.
- Darrell suggested posting more contest notices around the neighborhood.
- RV parked on the street issue has been resolved.
- Owner at 10656 99th has promised to move a car that has been parked on the street too long.
- Green Volkswagen on SE Gia Ct. has been parked in the same spot on the street for what appears to be months.
- Fine needs to be assessed for the removal of a tree at upper 99th.
- Homeowner was warned and did not respond.
- Metal detector, estimated to cost $30-$35 per day to rent.
- Ellyn Jeck will ask a friend to borrow a metal detector she owns.
- Received letter from resident on 93rd CT. about a travel trailer sitting on the street for 3 months.
- Spoke to homeowner and the vehicle has been removed.
- Will contact Clackamas County Sherrif about two specific vehicles, in different locations, parked on the street for extended period of time.
- $42,178 bank balance as of last statement.
- Recently sent 14 letters to homeowners who are 2 years or more behind.
- Some of the homeowners have submitted past due payments.
- Nomination of Caroline Wharton (9727 SE King Way) to a seat on the board.
- Proposal:
- Digitization (text-searchable) of HOA records and minutes.
- HOA document storage strategies.
- Motion for a $300 budget to work on the projects was approved.
- Moss removal and bush trimming pathways 96th Ct to 95th Ct. and 96th Ct to 93rd Ct
- A request for service of these pathways was made on Oct. 24th, Garrett Blunt provided a 3–4-week timeline for completion.
- Nothing to report.
- Multiple attempts to contact the resident at Stacy Ct. about a washer and dryer sitting in the driveway for some time now. No response so far.
- Ellyn/Kevin suggest that we give them another 1.5 weeks, then John will assess a fine.
- Home with fig trees growing well into the pathway – will contact them to request they trim ASAP.
- Question about a tree on her property.
- Kevin advised; no approval needed to have trees trimmed.
- Advised that any tree over 6” in diameter requires board approval to be cut down.
- And an arborist, licensed, needs to confirm that a tree can’t be saved.
- Mentioned a PGE light post that is burned out on 97th Ct.
- She has reached out to PGE multiple times with no response.
- Board advised her to keep contacting PGE and make note of the serial number on the pole.
EXECUTIVE SESSION CALLED BY KEVIN QUICK
- John discussed multiple homes in arrears with back dues owed, including interest and fines
- Question: On a case-by-case basis, when a homeowner can demonstrate hardship, and genuine good faith to repay their balance, should the board forgive some or all fines and/or interest to make the payments more reasonable and provide some relief?
- Homeowners would remain liable for all dues owed.
- Consensus: the board approved an option for waiving back interest when a homeowner acts in good faith to pay past due balances and can demonstrate hardship.
- Question: On a case-by-case basis, when a homeowner can demonstrate hardship, and genuine good faith to repay their balance, should the board forgive some or all fines and/or interest to make the payments more reasonable and provide some relief?
Adjournment: Meeting adjourned by President at 8:49pm.
Next Regular Board Meeting: Tuesday, January 7, 2025 – in person. The likely location will be Roundtable Pizza at 10389 SE 82nd Ave, Happy Valley, OR 97086. Check the HOA website for any changes as the date nears. Normal meetings are to be conducted on the first Tuesday of the month, except in July and December when there will be no meeting.
See attachments below: