edwards meadows homeowners association directory web edition · 2019-05-24 · vice president...
TRANSCRIPT
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Table of Contents
Annual Meeting Policy, 19 Architectural Changes, 23 Architectural Changes Approval
Checklist, 23 Assessments (Dues), 13 Audit And Budget Committees, 8 Beautification Committee, 9 Board - Overview, 7 Board Member Responsibilities, 19 Board Members, 4 By-Laws Of Edwards Meadows
Homeowners Association, 34 Committees, 8 Common Properties Policy, 26 Compensation For Maintenance And
Other Work, 20 Contact Information, 4 Covenants, Conditions And
Restrictions, 45 Dogs, Cats, 29 Elections And Committee Membership
Policy, 16 E-Mail Alert System/Neighborhood
Watch, 3 Enforcement Policy, 11 Facts And Facilities, 3
Fence Policy, 24 Fines Schedule, 12 Frequently Used Numbers, 5 History Of Meadows, 33 Landscape Committee, 9 Late Dues Policy, 13 Mail Boxes, 29 Member Responsibilities, 6 Membership In Good Standing, 15 New To The Neighborhood?, 6 Nuisance, 29 Oversize And Recreational Vehicle
Street Parking, 27 Oversized Vehicle Policy, 27 Policies, 11 Pool Rules, 30 Property Maintenance Policy, 21 Quiet Time, 29 Social Hall Rental And Usage Policy, 28 Street Trees, 30 Sub-Division And Living Units, 26 Sunshine Fund, 28 Temporary Structures Policy, 25 Vehicle Storage Policy, 27 Yard Sign Policy, 25
© 2018 Edwards Meadows Homeowners Association
cover photo: Walt Hellman
Edwards Meadows Homeowners Association Directory
Web Edition P.O. Box 33, Hillsboro, OR 97123
www.edwardsmeadowshoa.org
General Information
3
Welcome to the Meadows! We live in a very special neighborhood with its own
18 acres of park-like common areas, 225 homes with generous lots, an outdoor
swimming pool, tennis courts, social hall, sidewalks, tree-lined streets and many
other fine features. Meadows children are within walking distance of both Minter
Bridge Elementary School and Hillsboro High School. The largest park in Hills-
boro, Rood Bridge Park, with its public trails, River House and Tualatin River ac-
cess is less than half a mile away. Excellent shopping and public transit are
within a mile and yet farmland and a golf course are within a mile and a half!
We Meadows residents cherish our special neighborhood and support an active
Homeowners Association to ensure the continued high quality of life here. We
have an elected volunteer Board of Directors and there are many other ways to
be involved. An ice cream social with pony rides or similar activity for the chil-
dren is held each summer. We have our own swim team, and swimming les-
sons. A fine Social Hall can be rented at nominal cost for special events.
Ours is a quality neighborhood but not a pretentious one. It was built in the
1970’s when Hillsboro was closer to its 1950’s size than its current very much
larger population. There was still land for this unique development. There will
never be a development like the Meadows again in the Metro area.
Our Homeowners Association is here to help us enjoy and maintain our wonder-
ful neighborhood. Please become involved, get to know your neighbors, come to
the Association monthly meetings held the second Monday of the month (except
December) at the Social Hall.
The Meadows
Edwards Meadows Homeowners Ass'n. P.O. Box 33
Hillsboro, OR 97123
www.edwardsmeadowshoa.org
General Information
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The Meadows combines the best of old-fashioned space and leisure with immedi-
ate connections to the leading edge of modern technology and society. Let’s all
do our best to ensure a bright future for our special neighborhood!
FACTS AND FACILITIES
❖ 225 homes ❖ 18 acres of private greenways, woods and common areas ❖ 60-foot outdoor heated pool and wading pool, open summers ❖ Bikeways and Walking Paths
❖ Social Hall ❖ Tennis Courts, Horseshoe Pits ❖ Annual Ice Cream Social, Neighborhood Garage Sale ❖ Resident directory updated every 3 years ❖ Governed by registered Covenants, By-Laws and elected Board of Directors ❖ Monthly Dues: $62 (2018), $68 (2019); 1-month discount with annual pay-
ment ❖ Open Board meetings 2nd Monday each month (except Dec.) at Social Hall, 7
PM ❖ Monthly newsletter, E-mail alert system, website: www.edwardsmeadowshoa.org
E-Mail Alert System
If you would like to get e-mail notices of alerts, such as might be needed for
Neighborhood Watch, or other urgent information, join our e-mail alert system.
Sign up by sending a blank e-mail to:
If you would like to receive e-mails from the Meadows Classified list of members
with “haves and wants”, sign up by sending blank email to:
General Information
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CONTACT INFORMATION
Services Treasurer: [email protected] Kara Roller: 503-487-7511 Secretary: [email protected] Candace Potter-Zabriskie: 503-591-5298 Architecture Chair: [email protected] Dan Abdill: 503-547-0624
Beautification Chair: [email protected] Awaiting Volunteer Landscape Chair: [email protected] Walt Hellman: 503-648-6361 Pool Director: [email protected] Chris Hansen: 503-640-9702 Social Hall Reservations: [email protected] Sunshine: [email protected] Patty O’Kelley: 702-755-3723 Keys and FOBS: [email protected] Kara Roller: 503-487-7511 Social Hall Chair: [email protected] Dan Abdill: 503-547-0624
Board Members Position (term)
Name Phone/email
1 (2022) Kristen Cole-Stubblefield -vice president
503-913-6603 [email protected]
2 (2020) Patty O’Kelley 702-755-3723 [email protected]
3 (2022) Charlie O’Neal 503-270-9233 [email protected]
4 (2020) Dan Abdill 503-547-0624 [email protected]
5 (2020) Dustin DeGroot 503-705-1387 [email protected]
6 (2021) Mike Bruce 503-737-9485 [email protected]
7 (2021) Walt Hellman -president 503-648-6361 [email protected]
General Information
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POSTAL MAILING ADDRESS: Edwards Meadows Homeowners Association, P.O.
Box 33, Hillsboro, OR 97123 or mail may be placed in the Meadows mailbox in front of the Social Hall at 2640 SE Rood Bridge Dr.
FREQUENTLY USED NUMBERS
POLICE DISPATCH 503-629-0111 Hillsboro City Police 503-681-6175 City General Information 503-681-6100 City Nuisance Complaints 503-615-6645 Animal Shelter/Dog Control 503-846-7041 City Leaf Pick-Up 503- 615-6509
NW Natural Gas 503-226-4211 PGE 503-228-6322 Hillsboro Garbage 503-648-4219
Hedge Trimmer Walt Hellman 503-648-6361 Minter Bridge School 503- 844-1650 South Meadows M.S 503- 844 1220 Hillsboro H.S. 503-844-1980
Basic Member Responsibilities
• Keep up your property, maintain your yard
• Be a member in good standing; follow association policies, pay dues on time
(monthly payments are due by 9:00 am on the 27th of the month)
• Consider service to your Association
New to the Neighborhood?
We certainly hope you will enjoy this very special neighborhood and its active as-
sociation which provides many benefits. Be sure to check the HOA website,
www.edwardsmeadowshoa.org, for latest updates to personnel, policies, rules
and regulations.
Your title company should have given you official copies of the deeded covenants
and by-laws. The previous owner should have transferred the tennis court key
and mailbox key to you. You will need to obtain a programmed magnetic pool
key (fob) to access the pool: email [email protected] or
General Information
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check website for personnel assignments and phone numbers. The pool is usu-
ally open from the end of school until Labor Day.
Most people in the Meadows receive their mail in the locked boxes. Be sure to
get the key from the previous owner if they were in the system. The Meadows
does not keep copies of these keys. The Post Office requires that if a house was
not on the lock box system it will need to switch over to it upon sale to a new
owner (you!). Contact the Post Office regarding the switch. See p. 30 for more
information.
To send mail to the Meadows, including bill payments, you can save postage by
dropping off the mail at our box at the Social Hall, 2640 SE Rood Bridge Dr.
Garbage pick-up and recycling is Friday morning; yard debris and co-mingled
household recycling pick-up alternate each week on Friday morning. Contact
Hillsboro Garbage (503-648-4219).
We have an e-mail alert system to notify members of important reminders or
neighborhood watch information. We also have a “Meadows Classified” email list
for “haves and wants” type items. See p. 3 for how to join these lists.
The Association sponsors a neighborhood garage sale the 4th Sat. in June which
has a large turnout and is especially good for folks who have just moved in.
Board meetings are held the second Monday of each month, except December
when there is no meeting. The meetings start at 7:00 PM in the Social Hall.
Please come to find out more about the Meadows.
The Ice Cream Social, held each summer on the third Thursday evening in Au-
gust, is also a great way to say hello. There is free ice cream and pony rides (or
other activity) for the kids. Get to know your neighbors. Hope to see you there!
Board - Overview
The Board consists of seven elected voting members. Officers consist of the
Board President, Board Vice-President, and the Board appointed, non-voting
General Information
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Officers, Secretary and Treasurer. The non-voting officers are expected to at-
tend all regular Board meetings. Board member terms are three years. Elec-
tions for Board positions are held each spring, with new Board members taking
their seats at the May meeting. Each May a Board organizational meeting is held
at which the Board members select the president and vice-president for the com-
ing year. Elected Board members serving at least one full year receive credit for
four months dues. Appointed Board members serving less than a year receive
Board member credit on a pro-rated basis. The President receives annual credit
for dues. Board meetings are held monthly, at 7:00 PM at the Social Hall, the
second Monday of each month except in December. All Board meetings are
open to all members. Members are encouraged to serve their Association by be-
ing willing to serve on the Board or committees. Our Association is self-man-
aged by the Board. Paid employees include Treasurer, Secretary, Pool Director,
Pool Maintenance Person and summer pool employees.
Committees
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Committees
Standing committees are specified in the Bylaws, Article XI. Sub-committees
have also been created by the Board in accordance with Bylaws Article XI. See
below for information on sub-committees. All committee chairs and members
are appointed by the Board and must be in good standing.
A. Nominating Committee (see “Elections,” p. 16)
B. Recreation Committee (pool, tennis courts, recreational activities)
C. Maintenance Committee (Article XI – Bylaws)
Landscape Committee (see below)
D. Architectural Control Committee (see Bylaws Article XI and p. 23)
Beautification Committee (see below)
E. Publicity Committee (newsletter, mailings, Secretary is generally chair)
F. Audit Committee (see below)
Budget Committee (see below))
Audit and Budget Committees (Board Adopted 2016)
Authority: By-Laws (Article XI)
The Audit Committee recommends audit procedures and actions to the Board,
including the annual audit. The level of audit may vary from year to year as de-
termined by the Board.
Budget Committee is a subcommittee of the Audit Committee. It recommends an-
nual budget to the Board by November of each year. The Committee consists of
three or five voting members plus the Treasurer as a non-voting member. This
committee is distinct from the Audit Committee which is solely involved with the
auditing process and requirements. The chair of this committee should have ex-
tensive knowledge of all Meadows operations related to the budget and
knowledge of the budget approval process. The Board adopts the annual budget
at the January Board meeting after a draft copy has been made available to
membership for input at least three weeks prior to adoption.
Meadows finances are accounted on a cash basis with a fiscal year starting on
January 1 and ending December 31.
Committees
10
Landscape Committee (Board Adopted 2016)
Authority: By-Laws, Article XI
The Landscape Committee is a sub-committee of Maintenance and recommends
major common area landscape projects to the board and oversees general land-
scape goals and progress towards meeting goals. The chair of the landscape
committee makes day to day decisions to carry out routine operation of land-
scape functions and is the Association contact with the contracted landscape
company. The chair of this committee must be available for frequent interactions
with the landscape company during the summer months and have time to deal
with member issues related to landscape.
Beautification Committee (Board Adopted 2017)
Authority: By-Laws, Article XI, Covenants Article VIII (Sect. 1-5), Covenants, Wit-
nesseth (par. 2-3)
Description and Purpose:
The Beautification Committee is a subcommittee of the Architecture standing
committee. It consists of either three or five members. The committee chair
and voting members are appointed by the Board. The general purpose of this
committee is to protect members’ property values by encouraging good external
maintenance practices as described in the board adopted Property Maintenance
Policy and City Codes. Committee functions include:
• making recommendations to the Board for member citations for exem-
plary properties and for properties needing external maintenance or in
violation of related city codes
• helping to facilitate improvements in property maintenance by mem-
bers
• making recommendations to the Maintenance Committee regarding
maintenance issues related to Beautification.
The committee is responsible for regular surveys of the Meadows to determine if
any external property conditions, positive or negative, warrant action by the
Board and for responding to suggestions for exemplary property recognition or
complaints about external property maintenance. Committee members should
Committees
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be familiar with the Meadows Property Maintenance Policy in the Directory and
related city codes and be willing to help enforce them. They should also set a
good example in their own property. E-mail communication is required. The
committee meets monthly at least two weeks prior to the monthly Board meet-
ing. If the committee chair is not a Board member, a Board member liaison will
be appointed and should attend all committee meetings.
The Beautification Committee follows the adopted Enforcement Policy (p. 11) in
carrying out its actions. Specific internal operational procedures for the commit-
tee are published on the Meadows website: www.edwardsmeadowshoa.org
Policies
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POLICIES
Please Note: Be sure to check the Association website, for latest updates to per-
sonnel, policies, rules and regulations: www.edwardsmeadowshoa.org
Rules and Regulations in the Policies below are Board adopted to administer,
maintain and enforce the Covenants and By-Laws as required by the By-Laws Ar-
ticle VIII (section 1-d,e) and the Covenants Declaration, Witnesseth paragraph
(3). Board Policies act to guide Board decisions unless and until the policies are
otherwise changed by future Board action.
An unofficial copy of the Covenants and By-Laws text is included in this directory.
Each homeowner should be given an official registered copy of these documents
during purchase of the home.
Enforcement Policy (Board Adopted 2017)
The following is a summary of the full Enforcement Policy that was written for
the Association by the Harris Law firm of Hillsboro. The policy authorizes the
Board to impose fines for violations of the Covenants, By-Laws, Rules, Regula-
tions and Policies of the Association. Authority and full text
SUMMARY
1. Preliminary Notice: Member is informed in writing at least seven days prior
to board meeting that a potential violation or violations of Meadows governing
documents/policies/rules/regulations has been noted on member's property and
will be put on agenda of the next board meeting. Problem is not HOA certified
unless the Board votes citation at the board meeting. No fine is associated with
this notice.
2. First notice: If Board determines there is a violation owner must be notified
in writing, either by mail or posting at door. Notice must describe violation and
give reasonable time period to remedy it. No fine is associated with this notice.
Policies
13
3. Second Notice: If deadline given in first notice has expired without remedy
by owner, then second written notice is given with opportunity provided for a
hearing, and deadlines to request hearing and remedy violation. Notice must
state that a fine will be assessed if hearing is not requested in 14 days or viola-
tion is not remedied by the stated deadline. Second notice mailing shall be by
certified mail, return receipt requested, or first class mail with delivery confirma-
tion (see implementation notes regarding removal of violation citation).
First fine is assessed if:
a. no hearing is requested within 14 days and remedy is not completed by dead-
line of second notice,
or
b. a hearing is requested and the conditions put forth as a result of the hearing
are not met.
All notices of violations must be Board approved and signed by the president.
4. Fines schedule
a. Preliminary Notice (no fine)
b. First Notice: (no fine)
c. Second Notice (Hearing/remedy conditions not met): $50
d. Third and Succeeding Notices: Fifty percent increase in fine from preced-
ing fine levied.
5. Removal of Violation: When the owner of a property feels action has been
taken to successfully carry out the remedies given in the violation notice, the
owner or designated representative should contact either the chair of the com-
mittee that recommended board action. The appropriate committee will investi-
gate whether the violation has been remedied. If the majority vote of the com-
mittee recommends removal of the violation, the Board will vote on the recom-
mendation either at the next board meeting or by electronic vote and the proce-
dures of the Policy Enforcement Policy will apply. If the Board votes that the
problem(s) have been remedied the property owner will notified in writing by the
secretary within one week of the Board vote. Additionally, if good standing sta-
tus was removed because of the violation it will be restored and this action will
be included in the secretary’s letter. All letters sent by the secretary will be
signed by the president.
Policies
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Assessments (Dues)
Overview • As per Board resolution of March 2016, regular monthly dues were set
at $56 for 2017, $62 for 2018 and $68 for 2019. Dues can be paid in one annual payment any time of the year. One month’s free dues credit is applied to annual payment amount (see website or contact Treasurer for amount of annual payment).
• Statements are sent by postal mail monthly. Dues payments must be received by 9:00 AM the 27th of each month in order for the payment to be credited to that month.
• Members with balances 90 days past due will be declared not in good standing and be subject to late charges and collections measures. Inter-est accrues for any balance past due 30 days or more at a rate of 6% per annum.
• 10% of collected regular assessments go into the Reserve Fund used for capital maintenance (Oct. 2016 resolution)
In rare cases when a large balance is due, the Association will take all legal steps
necessary to collect the balance including putting a lien on the property, filing
small claims, collections, and, if appropriate, obtaining legal authority to garnish
wages. Very large legal fees can result from being past due. Members are
urged to pay dues on time. All correspondence to the Meadows, including dues
payments, can be put in the Meadows mailbox (see p. 2).
Late Assessments (Dues) Policy Board Revised and Adopted 9/13/10, 1/23/17
Authority: By-Laws, Article III (sections 1-3), Covenants, Articles III, IV, VI.
The following actions will be taken by the Board if a member’s assessments be-come past due:
1. 60 Day Past Due Warning Letter: If a member has a statement balance
60 days due, the member will receive a warning letter stating that if any
balance becomes 90 days past due, loss of good standing will occur and
that the Board may institute legal collections actions. The letter will con-
tain the amount due, including administrative costs and interest. A pay-
ment contract may be initiated (see section 7).
2. 90 Day Demand Letter: If a member has a statement balance 90 days or
more past due, the member will receive a letter which revokes good
standing status for the member and household. The letter will state that
Policies
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if the balance is not fully paid in 30 days, or a payment contract agreed to
by the Board, legal collections actions will be taken (see section 3 imme-
diately below). A payment contract may be initiated (see section 7).
3. Legal Action Collection Action (Final) Letter: If a member has a balance
due of 90 days or more, has been sent the 90-day demand letter and not
met the conditions of that letter, the Board may institute legal collection
actions including, but not limited to: (a) filing small claims suit (b) placing
a lien on the property (c) attorney-based collections actions (d) garnish-
ing wages. If a member reaches 90 days past due balance of $400 or
more, the Board will initiate one or more of the actions included in this
section at a regularly scheduled Board meeting by means of a recorded
vote, except in circumstances in which due to property sale or other time
sensitive factors action must be taken between meetings. A payment
contract may be initiated (see section 7).
4. If a lien is filed the owner will be notified in writing within twenty days of
the recording of the lien that the lien has been recorded. The lien
amount shall include all collection costs to date, including attorney’s fees
and the cost of preparing and recording the lien, any notice of lien re-
quired by law, and any notice to a first mortgage holder, if applicable. A
small claims suit will demand all past assessments, collection costs and in-
terest.
5. Administrative costs include the following: Letter fee ($15.00), Small
Claims Court fees including filing, serving, and release (set by the
county), lien filing, release fees (set by the county), hourly fees by Mead-
ows designee involved with legal action, and monthly interest calculated
at a rate of 6% per annum of the accrued balance will be added to
monthly bills which are overdue. There will be no letter fee for the first
letter of the calendar year. All other letters related to collections will in-
clude a letter fee.
6. The board will follow a uniform set of criteria for initiating collections ac-
tions. Once the account is turned over very significant legal charges will
immediately accrue. Members are urged to stay current in their assess-
ments to avoid significant legal charges. The Attorney is authorized by
the Association to pursue all legal action to collect the amount due.
Policies
16
7. Members with past due accounts and hardship situations may avoid legal
action by reaching a payment agreement acceptable to the Board. This
agreement defines a monthly payment that will bring the account current
within a maximum of one year. The agreement is made in the form of a
written contract approved by the Board. Failure to make a monthly pay-
ment may nullify the contract. Members on contract are not in good
standing.
8. Warning and Demand Letters must contain the following information:
i.Due date
ii.Principal Assessments Due: $___________
iii.Accrued Administrative charges: $_________
iv.Accrued interest: $___________
v.Total due: $___________
vi.Action to be taken if account not made current by due date
Membership in Good Standing (Board Adopted 2004; Amended 2008, 2017)
Authority: By-Laws, Article III (sections 1-3), Covenants, Articles III, IV, VI. 1. A member becomes not in good standing if the member has a statement
balance that is 90 days or more past due for any reason. Notice of loss
of good standing status will be indicated on the monthly statement and
reported by the Treasurer at the next regular Board meeting. Reasona-
ble letter fees may be charged for any status change in the standing of a
member.
2. Loss of Good Standing results in loss of privilege of use of Association
amenities such as the pool and tennis courts. A member must be in
good standing in order to serve on the Board or a Board appointed com-
mittee.
3. Members not in good standing for financial reasons will be restored to
good standing status when the member has no past due balance on their
statements.
Policies
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4. A member will also be declared not to be in good standing if, by the pro-
cedures in the Policy Enforcement Policy, the member is found to be in
violation of the Association CC+R’s and/or Board policies. Reasonable
letter fees may be charged for any status change in the standing of a
member.
5. As per Article III, Section 3 of the By-Laws and Article 4, Section 3(c) of
the Covenants, a member, even in good standing, may have rights to
use of the Common Properties suspended for up to 30 days for violation
of published rules and regulations regarding use of the common proper-
ties. Such suspension requires a majority vote of the Board. If such a
suspension occurs it will take effect immediately and be followed up by
written or electronic notification to the member within 3 days of the sus-
pension.
Elections and Committee Membership Policy
(Board Adopted 11/1/04 Amended 5/12/08)
The following procedures for board elections, other Association elections and
committee member appointments implement the By-Laws and Covenants includ-
ing By-Laws Articles III, IV, V, VII, VIII, XI and Articles III, IV, VI and IX of the
Covenants
I. Eligibility for Board Positions, Officer Positions and Committee membership
In order to qualify as a candidate for election for the Board or to serve
on a committee, a member must be a member in good standing
II. Positions
Board positions are for a three-year term unless for the remaining term
of an appointed position or to fill a position which has otherwise be-
come vacant. Board positions are numbered so that at least two board
positions become open each May. If a position with less than a full
term is on the ballot, the candidate receiving the fewest votes amongst
the winning candidates will be assigned to the partial term position.
Policies
18
III. Time table for Board elections
1. The Nominations Committee will be established at the May Organiza-
tional Board meeting.
2. Written notice will be given to all members in the January meeting news-
letter regarding which board positions will be open for the April elections
and how to contact the Nominations Committee Chair to express interest
in running for any of the positions.
3. Potential candidates must submit, to the Nominations Committee chair
within three weeks of the notification of the open positions, a written
statement of interest in running for a board position. The letter should
include information regarding any past experience that would be useful
in being a board member and number of years of membership. The
Nominations committee chair must contact the Treasurer or other board
designee to make sure that any potential candidate satisfies the eligibility
requirements. Only candidates satisfying the eligibility requirements set
forth in Section I can be on the ballot. The election shall be held in ac-
cordance with Article VII of the By-Laws and adopted Board policies.
The Nominations Committee is not obligated to select all applicants to be
on the ballot, but it is obligated to submit at least as many candidates as
there are open positions so long as there are sufficient eligible candi-
dates.
4. For a monthly newsletter mailed on the 1st of the month with second
Monday Board meeting, an example of this time table would be that
nominations information and number of open positions would be mailed
in the February 1 mailing with statements of interest due by March 10.
Ballots would be mailed with the April 1 mailing and would be due April
21. Ballots would be counted as described in Section IV. New board
members take their seats at the special May Board meeting (Section V)
prior to the regular meeting.
IV. Counting of Ballots; Seating of members
Policies
19
1. The secret ballots will be counted in an open meeting by the Nomina-
tions Chair or designee with at least two-member witnesses who are not
candidates. The counting meeting will be held at least one week prior to
the May Board meeting.
2. The chair of the nominations committee will notify the candidates and
current president of the election results within one day of the vote count.
The president will assign position numbers to the newly elected candi-
dates in accordance with Section II of this policy. The president will no-
tify all candidates of their positions. Candidates become official board
members at the special May Board meeting prior to the regular board
meeting
V. Selection of President and Vice-President; Terms of Office
The Board will, by majority vote, select the president and vice-president
from its own membership. This selection process occurs at a special
board meeting prior to the regular May board meeting. At this meeting
assignments of duties of board members are made and new board
members can be educated regarding board responsibilities. This meet-
ing will be chaired by the current president if present, or the current
vice-present if the current president is not present, or the most senior
member if neither is present. If a majority vote for either position is
not obtained, the most senior board member willing to assume the
presidency will fill that position and then the same process will apply to
the vice president position if necessary. The term of these positions is
until the following May, unless all voting members, other than the presi-
dent of the board, vote at a regularly scheduled board meeting, with a
quorum present, to call for the election of a new president.
The special meeting is adjourned prior to the regular board meeting.
The agenda for the regular board meeting is prepared by the president
of the board whose term was just completed. The regular board meet-
ing is called to order and chaired by the president selected at the spe-
cial board meeting.
Policies
20
VI. Policy Regarding Interim Board Position Appointments
When a Board position becomes vacant during the term of of-
fice, the Board shall appoint a replacement who shall serve until
the next election at which time the position shall be declared
open for any time remaining in the term, or for a new three-
year term if the three-year term has expired.
Board Member Responsibilities (Board Adopted 1996; Updated 2014)
I. Normal Board Member Responsibilities
a. attendance at monthly Board meetings and sub-committee meetings
b. development of Association policies, Board reports and proposals
c. taking phone calls and e-mails for official board business and for member
inquires.
d. work on obtaining information for bi-annual telephone directory and distri-
bution of directories
e. general work related to maintaining familiarity with Meadows operations
Annual Meeting Policy (Board Adopted 2016-11)
Authority: Bylaws: Article VII (sect. 3, 5); Article VIII (sect. 2a); Article XI (sect. 7)
The annual meeting shall be held in July of each year on a date after the July
board meeting, with the specific date to be determined by the board. Notifica-
tion of the date and place of the annual meeting must be given to members at
least thirty days prior to the meeting.
The annual meeting is a member meeting with the agenda set by members who
may elect a chair and secretary at the meeting. The board President or other
board designated board member designee shall be present at the meeting as
well as the Treasurer to supply information if requested. The Board will supply
the following documents for the meeting:
The Secretary will provide copies of all monthly newsletter/minutes since the
previous annual meeting (By-Laws, Article VIII section 2(a)
Policies
21
The Treasurer will provide up to date budget and balance sheet statements (By-
Laws, Article X section 8).
The Board will supply a document that lists the chair of each committee and the
board approved voting members, for each standing committee, the budget com-
mittee and the landscape committee, (By-Laws, Article XI, section 1).
Any minutes and recommendations to the board from the annual meeting should
be submitted by the annual meeting secretary to the board no later than follow-
ing September board meeting along with a roster of attendance at the annual
meeting.
Compensation for Maintenance and Other Work
(Board-Adopted 1996, Revised 2010)
The Board has established a policy that any Meadows resident who does service
or maintenance work for the Meadows can receive hourly compensation for this
work. Board members can be compensated in this manner as well for work out-
side normal Board member duties.
I. Hourly Compensated Work
a. maintenance, repair, construction, contracting, bid solicitations
b. enforcement of Meadows policies, covenants and by-laws involving
work such as that which would be done by a property manager beyond
that of simply supplying information such as in I(c) above; examples of
policy enforcement include work related to reported or possible viola-
tions of covenants by residents, secretarial or financial work, and gen-
eral day to day operations separate from policy development.
II. Hourly Compensation Record Keeping
a. compensation rate will be $15.00/hr.
b. minimum reported time is one hour
c. an individual can make only one claim for work in any hourly period
d. once a year the Treasurer will compile a list of hourly compensation to
residents and make list available to Board and, upon request, to mem-
bers
Property Maintenance Policy (Board adopted 2008)
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Members are expected to maintain their property so that general neighborhood
property values will not be adversely affected by lack of maintenance of any indi-
vidual property. Lack of property maintenance is indicated by:
• Obvious disrepair or lack of maintenance of structures and possessions on
property.
• Yard that give the general appearance of not being maintained as indicated
by numerous weeds over 4 inches tall for extended periods of time in yard,
parking strip and driveway.
• Failure to properly store household items and tools outside the house.
• Garbage or recycling containers on street for more than 24 hours per week.
• RV’s parked in street or cul-de-sac parking areas for more than ten days in
any 60-day period.
• Failure to meet any other property regulations as contained in CC+R’s.
• Parking on grass or dirt.
•
Architectural Changes Requirements
The requirement for approval of structures is part of the Meadows deeded cove-
nants:
(Covenants, Article VII) "No building, fence, wall or other structure shall be
commenced, erected or maintained upon The Properties, nor shall any exterior
addition to or change or alteration therein be made until the plans and specifica-
tions showing the nature, kind, shape, height, materials and location of the
same..." are approved by the Board.
If you are adding any kind of structure to your property of significant size or im-
pact, this structure must be Board approved as required by our covenants and
by-laws. Submit information about the proposal using the checklist on p. 23.
While this is an extra step, the approval process helps to protect all our property
values by maintaining the integrity of our association and it Covenants. The ap-
proval process simply checks that the structure or change is in line with our com-
munity architectural standards. Since homeowners value their property, these
improvements are almost always of excellent quality and approval is generally
routine. Problems can come up when structures interfere with neighbors' views,
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etc. If your structure or change is going to affect a neighbor, please discuss the
change with the neighbor first if possible. Standing board policies include the
following:
• It is not necessary to obtain Board approval for painting or siding the out-
side of your house.
• Replacement roofs that are traditional shake, shingle or tile style can be in-
stalled without board approval; any other replacement must be submitted
via the normal approval process.
• Existing fences can be replaced with same height or lower fences of similar
material. New fences must satisfy the Fence Policy (see p. 24) and receive
Board approval.
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Approval of Architectural Changes Including Fences, Roofs, Siding, Shed, Additions
Architectural Approval Checklist
Approvals of proposals occur at monthly board meetings; please submit
paperwork at least two weeks prior to meeting. Application form is
available on the Meadows website
A request for approval must be submitted to the Board (contact Architecture
Committee chairperson for questions; see p. 5) for approval prior to commence-
ment of construction on any of the following
• new fencing (see fence policy p. 19)
• replacement fencing if taller or different material than old fence
• shed or outbuilding which has permanent foundation
• significant exterior remodel or addition
• roofing if not of traditional shake or shingle style
The request should include the following information:
❑ date of application
❑ address of property
❑ owner name
❑ owner telephone; e-mail
❑ A description of the project including (where appropriate attach diagrams as
necessary):
❑ construction materials
❑ design including dimensions of project
❑ location of project in relation to lot boundary lines; greenway, sidewalk,
street if adjacent to lot
❑ color and finish
Note: Homeowner is responsible for obtaining the necessary building permits and observing city, state and county building codes. The city requires cer-tain setbacks from property lines and other limitations. Your project cannot extend into any common properties. We recommend you call to find out what regulations apply to you: City Building Dept. (503-681-6144), per-mits/inspections (503-681-6145), City Planning Dept. (503-681-6153).
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FENCE RESTRICTIONS POLICY (Board Adopted 1989, revised Nov., 2017, Jan., 2018),
Effective February 1, 2018
1) Process: New and replacement fences within the Meadows must first be
approved by the Meadows board. Documentation requirements for approval
are substantially the same as those currently defined by the city for a fence
permit. These include a written request, a site map, description of materials
being used, image or drawings of the proposed fence and should be re-
ceived by the architecture committee chair prior to the board meeting with
sufficient time (typically 10 or more days) to review and make a recommen-
dation to the whole board. Required forms are available from the chair of ar-
chitecture committee by request or from the Meadows’ website. www.ed-
wardsmeadowshoa.org
2) Construction and Maintenance: Fences in general may be constructed of
most materials (e.g. wood, aluminum, steel, vinyl & masonry are acceptable;
chain link is not) provided they are of high quality. Homeowner may use an
appropriate protective coating. Fences (wood in particular) must have caps
over both the rails (2x4 is acceptable) and the posts to maintain appearance
and prevent degradation. Homeowners are responsible for maintenance of
appearance and condition of fences.
3) Fence design parameters: In general, the city regulations of setbacks
and height requirements apply unless specifics noted below. ALL fences
must meet the Meadows’ materials and design requirements.
a) Street Frontage: City regulations apply, max height 4’2” within 20’
setback from property line. After the setback, maximum height is 6’2”.
b) Greenway Frontage: Max height 5’2”. If fences are 4’2” and below
they can be solid. Fences taller than 4’2” must meet transparency* re-
quirement.
c) Corner Lots: Special city safety regulations apply to corner lots. A City
fence permit is required for Meadows approval. Regulations set by the
Hillsboro Planning Dept. (503‐681‐6153) and are available in the Archi-
tecture section of our HOA website (www.edwardsmeadowshoa.org).
Submission to the Meadows’ board must include approved city permit
meeting city and meet Meadows’ materials requirements.
d) Greenway entrances: Max height 5’2”. If fences are 4’2” and below
they can be solid. Fences taller than 4’2” must meet transparency* re-
quirement.
e) Private property to private property or cul-de-sac to cul-de-sac:
City regulations apply with maximum height limited to 6’2”.
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4) With the exception of fences contested by the Meadows prior to the effec-
tive date of this policy, fences existing prior to the effective date and which
are out of compliance with policy are grandfathered in. Such fences can be
replaced if identical in height, design and materials but the replacement still
requires Board approval. A request for identical replacement should be sent
to the Architecture Chair prior to the start of work and at least one week
prior to a regularly scheduled board meeting. Any changes in an existing
fence should be similarly submitted but as a new fence proposal.
*Transparency requirements: at least 33 1/3 % visibility as measured linearly, perpendicularly to long dimension of fence boards or slats taking amount of space visible divided by total distance.
Temporary Structures Policy (Board adopted 2007)
1. As of Jan. 1, 2009, temporary carport and carport-like structures will not be
allowed on Meadows properties. Prohibited temporary structures include
but are not limited to boat, car, camper, RV and other vehicle shelters.
2. Sheds are not prohibited, but must be board approved.
Yard Sign Policy (Adopted 5/09, Modified 2/11)
Traditionally certain yard signs have been accepted during a limited time frame.
The following policy clarifies and defines what signs will be accepted:
• One professional sign of not more than five-foot square advertising the
property for sale or rent.
• A Developer may post one sign during the construction or remodeling
stage on a property.
• Garage, Estate or Yard sale signs for members will be limited to two
signs. These signs will be posted only on the day of the sale. The signs
will not exceed the five square foot model.
• Political signs are limited to only two signs whether it’s for a candidate
or a measure. The signs are allowed for up to three weeks prior to
Election Day. Signs must be removed the day after the election.
The City of Hillsboro has a detailed municipal code for signs (Municipal Code
Chapter 15.20). Signs must be in compliance with this code.
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Sub-Division and Living Units Board Adopted 9/12/2005
Based on the By-Laws and Covenants of the Association, and specifically the def-
initions of “Lot”, “Properties”, and “Living Unit” in Article I, Section 1 of the Cove-
nants and Articles III and IV of the Covenants, it shall be the policy of this Asso-
ciation that:
1. Each lot in the Properties shall have a maximum of one living unit.
2. No lot in the Properties shall be sub-divided.
3. The Common Properties shall not be sub-divided.
Common Properties Policy (Board Adopted 1998)
Note: Common properties are posted with no trespassing signs.
I. Common Properties are private property of the Association for use
by residents and guests only. The properties are to be used in a
manner which respects the rights of others, maintains the integrity
of the Properties, and complies with the Association Covenants.
II. The following behaviors are specifically prohibited in the Common
Properties:
1. Vandalism and graffiti
2. Littering
3. Intimidation or harassment of others
4. Disturbances to the peace
5. Operations of motorized vehicles (except by authorized
contractors and in the social hall parking lot)
6. Organized team practices or competitions, except as authorized
by the Board
7. Golf ball driving or chipping
8. Leaving of waste by pets
9. Extensive use by guest in absence of physical presence of
Association resident
9. Activities of a commercial nature
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VEHICLE STORAGE POLICY (Board Adopted 1998)
Authority: Covenants, Article VIII, Sect. 4
Non-running (non-drivable), non-licensed and/or tarped vehicles on
individual properties which are generally considered to be offensive to
neighborhood standards need to be concealed (garaged or fenced off)
within 30 days to prevent visibility from the street or by neighbors.
Note: City Ordinance: If a vehicle is disabled for more than seven days, HMC 6.12.010/20 & HMC 6.28.010 says that you must remove the vehicle or place it out of sight in an en-closed building.
Oversize and Recreational Vehicle Street Parking
City Municipal Code 6.12.040: An uninhabited recreational vehicle or trailer may be parked, stored or left on a public street for up to five cumulative days in a 14-day period, but only if the vehicle is parked directly in front of the owner’s prop-erty. Such vehicle must be parked in a manner not to interfere with emergency, utility and postal vehicles and must be parked in compliance with state law.
Oversize and Recreational Vehicle on Property Policy
(Board Adopted 2000)
Definition: An oversize vehicle is any vehicle that can be described as larger than
a car and larger than a Sport Utility Vehicle. This definition includes all of the
following:
“A RV, a recreational vehicle, a camper, a trailer, a semi, a tractor trailer, a bob-
tail, a flatbed truck, a boat, a drift boat, a sailboat, construction equipment and
all heavy machinery.”
With ownership comes the responsibility to your neighbors and the community to
maintain the aesthetic beauty of our neighborhood, the appearance of your
property and to ensure that your vehicle does not have a negative impact on
overall property values. This can be accomplished by following the regulations
stated in this document.
• If an oversize vehicle is “not-running," the policies and procedures for
non-running vehicles will apply.
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• Oversize vehicles may be stored on the owner’s property. They may
not be stored in public parking areas, which include the islands in each
cul-de-sac.
• Oversize vehicles may not block access to any public walkways, green-
ways or streets.
• Oversize vehicles are to be kept clean and in no obvious state of disre-
pair.
• Oversize vehicles are to be stored out of view if possible. If the layout
of your property does not allow access to store out of view it is pre-
ferred to have the vehicle behind the front eave of your house.
• Oversize vehicles may be tarped for winterization purposes. It has been
deemed that the average blue tarp is unsightly. Please use a grey or
dark color tarp. All tarped vehicles need to have the tarp securely fas-
tened.
It is your responsibility to maintain these standards. We want to be able to en-
joy our community and maintain the value of our property.
Sunshine Fund
The Meadows maintains a Sunshine Fund to help cheer residents who have suf-
fered a loss or hardship. Please let our member in charge of the Sunshine Fund
(see p. 5) know of those in need. We also encourage contributions to the fund.
You can add any amount to your normal dues and designate it with a note. This
is a great thing to remember at holiday time.
Social Hall Rental and Usage Policy
Social Hall address: 2640 S.E. Rood Bridge Drive, Hillsboro, OR 97123.
Availability Calendar
Meadows residents can rent the Social Hall for $35.00 per day. The renter must
be present at the entire event and provide a refundable $100.00 deposit. See
contact information on page 4. The Social Hall is rented to Association members
or authorized resident renters for personal, social, non-commercial use. Users of
the Hall must abide by all regulations in the rental agreement. The renter of the
Hall must have a specific guest list; general admission is not allowed. The Hall
cannot be used for sales, fund raising or other similar purposes. Rental of the Hall
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may be denied for lack of current dues or previous misuse of the Hall. Rental of
the Hall does not include use of the pool. Overnight parking in the Social Hall
parking lot is not permitted except with Board approval.
Mail Boxes
Because of theft problems with mail which are common everywhere today, the
Meadows, in cooperation with the U.S. Post Office, has switched over to locked
security boxes which the Meadows installed. Most of the Meadows is now in
this system. As per the agreement, any home on the old "hutch system" and
which is sold or has new occupants will have to switch to the security system.
The Post Office is responsible for any problems with the boxes. As members join
the security system the old hutches will be consolidated. The post office would
appreciate all members being on this system. Mail to the Meadows may be put
in the Meadows in-box which is in front of the Social Hall at 2640 SE Rood Br. Dr.
or sent to Edwards Meadows HOA, PO Box 33, Hillsboro, OR 97123
Nuisance
(Covenants, Article VIII) "No noxious or offensive conditions shall be permitted
upon any part of said property, nor shall anything be done thereon which may be
or become an annoyance or nuisance to the neighborhood."
Quiet Time (Board Adopted 5/02)
Quiet time commences at 10:00 PM.
Dogs, Cats, Pets Hillsboro Municipal Code 6.20.020 Unreasonable noises:
A. No keeper may allow an animal to cause unnecessary annoyance, alarm or disturbance to any person or neighborhood by making sounds that may be heard beyond the boundary of the keeper’s property such that the sounds are shown to have occurred either as continuous noise lasting for a minimum 10 consecutive minutes or intermittently for a minimum of 30 minutes.
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Dogs running at large and dogs that bark excessively are both Washington
County code violations that have associated fines running as high as $500. Indi-
viduals can report these violations and an officer will contact the dog owner.
Call Washington County Dog Control (503-846-7041) regarding these matters.
The city ordinance also states a maximum of three cats may be kept by any one
household at any given time.
Street Trees
The spectacular fall color of our street trees adds much to the appeal of our
neighborhood. If you need to replace a street tree, the recommended trees
which will give great fall color and are said by the nursery people to have lower
than average problems with surface roots are:
acer rubrum bowhall (red and orange fall color) acer rubrum karpick (red and yellow fall color)
These trees are available at Teufel Nursery (503-646-1111)
Pool Rules
GUEST USE (Residents must accompany their guests at the pool and provide appropriate supervision) • An adult resident (18 or older) may have a maximum of 4
guests per household
• Teen resident (16 - 17) is allowed 1 guest of the same age
range
• Youth resident (11 - 15) is allowed 1 guest of the same age
range
• Child resident (10 and under) is allowed 1 guest and must
have responsible adult supervision.
• Additional guests for special occasions such as family reunion
may be possible with approval by Pool Director
• Guest checks can occur any time by the lifeguard, pool direc-
tor, or a board member. Noncompliance to the rule can re-
sult in the loss of pool privileges.
When pool is open and there is NO lifeguard on duty • We recommend you do not swim alone
• Swimmers under 16 must have responsible adult supervision
(18 years or older)
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• 16 and 17-year olds may swim without adult supervision dur-
ing family swim
When pool is open and there is a lifeguard on duty • No one under 14 may swim without adult supervision except
for the following: * You are between the ages of 10 - 14 and
can pass the swim test
• Anyone under 14 must take the swim test to be in the deep
end, even if you have a responsible adult with you.
• Do not argue with the lifeguard - they have the authority to
dismiss anyone from the pool
• If the lifeguard must leave the pool deck then all swimmers
under age 16 without adult supervision must leave the pool.
They may reenter when the lifeguard gives permission.
• Lifeguarding begins June 23rd through September 4th.
• Occasionally- due to illness, emergency, or rainy/cold weather a lifeguard may not be on duty during their scheduled time. A sign will be posted on the gate and a Meadows alert will be sent out. The rules for “no lifeguard on duty” will be in effect.
AT ALL TIMES
• ONLY MEADOWS HOA RESIDENTS in good standing may use
the pool.
• GATE must be kept closed at all times.
• STREET CLOTHES are not allowed in the pool. All users must
wear appropriate swimsuits. Infants MUST wear a swim dia-
per.
• MANDATORY SHOWERS before using the pool.
• NO RUNNING, HORSEPLAY, rough or excessive splashing or
pushing.
• NO INFLATABLES OR TOYS with a dimension of 30" or greater
allowed.
• NO DIVING in shallow end, no jumping in backwards or gym-
nastic type maneuvers allowed.
• NO ANIMALS allowed in the pool enclosure.
• SICK OR HAVE CONTAGIOUS ILLNESS - please do not use the
pool
• NO ALCOHOL/DRUGS allowed in pool area. No person under
the influence may use the pool.
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• NO GLASS or breakable containers are allowed in the pool en-
closure.
• FOOD in non-breakable containers is allowed in the pic-
nic/grass area.
• SMOKING or VAPE Pens not allowed within 25 feet of the pool
enclosure.
• NO FOB - no entry. Please do not open the gate for anyone.
They must have their own FOB to enter.
• SOCIAL HALL RENTAL does not include pool use.
A young couple selects their new home in the soon to be built
Edwards Meadows neighborhood
History
34
A Brief History of the Meadows
Much if not all of the land which is now the Meadows was part of the Henry No-land Land claim, No. 68 which was set-tled in 1850. This claim was for 640 acres and represents the first recorded deed on this property. Nine years later Oregon became a state. Subsequently this claim was parceled out to various in-dividuals. In 1885 Washington County purchased 100 acres of property extend-ing from TV Highway south through what now is the Meadows and almost to Hills-boro High School. The Meadows property was not part of the city until it was plated in 1971. The land was still being farmed at that time by the Duane Freudenthal family. Mr. Freudenthal’s grandfather had bought some of the county and adjacent proper-ties and had accumulated 120 acres for farming and orchards. The grandfather and family were operating a farm and liv-ing in what is now Fir Grove off River Rd. When Duane Freudenthal was 5 years old, in 1943, his family moved to a house at the corner of River and Minter Bridge Roads and assumed ownership of all the land which was to become the Meadows. This house and the barn were taken down in the spring of 2000 to make room for the Lutheran Church which now on the site. The Freudenthal farm had at various times 50 dairy cows and up to 100 cattle for beef. Grain and hay were regularly raised on what is now the large greenway. A pre-existing filbert orchard with some apple trees extended from River Rd. south to about the creek. The large stand of firs near the creek pre-dates 1943. The oak trees by the creek
may be 300 years old. No stumps were ever found. When Duane Freudenthal was growing up on the farm during the 1940’s the population of Hillsboro was 3,500. Farms generally still extended to TV Highway, including the intersection at Minter Bridge Rd. where Home Depot now stands. As late as the 1980’s the area which is now the Sunset Esplanade was a farm. 110 acres of the Freudenthal farm was sold to Edwards Industries which devel-oped the Meadows starting in 1971. The land use planning at the time allowed the unusually large greenways because over-all density requirements were satisfied by the adjacent townhouse developments. The pool and tennis courts opened in 1973. The Meadows was completed in 3 stages, the last houses being built in the late ‘70’s. The different type of sidewalks in the Meadows are evidence of planning changes which occurred during the 3 phases. This history compiled from interview with Duane Freudenthal, 11/1/99 by Walt Hellman; early Meadows information booklet, undated (intro by Dick Moore, President); and Hillsboro Argus article of 10/26/99, “Poor Farm Ahead of It’s Time,” by Bill Chidester. The latter article describes the history of the County Poor Farm which remained on the River Rd. County property through the early 1900’s., became the county extension office, and, is currently the Lowe’s Home Improvement Center. (rev. by wh 7/05)
By -Laws
35
Note: Official legal copies of by-laws and covenants should be obtained when prop-erty is purchased. Text below is not official and is for reference only.
BY-LAWS OF EDWARDS MEADOWS HOMEOWNERS
ASSOCIATION
ARTICLE I
DEFINITIONS Section 1. “Association” shall mean and refer to the EDWARDS MEADOWS HOMEOWNERS ASSOCIATION, a non-profit corporation organized and exist-ing under the laws of the State of Oregon. Section 2. “The Properties” shall mean and refer to EDWARDS MEADOWS, subdivisions in the City of Hillsboro, Washington County, Oregon, and such addi-tions thereto as may hereafter be brought within the jurisdiction of the Association by annexation as provided in Article II of the recorded Covenants, Conditions and restrictions applicable to said properties. Section 3. “Common Properties” shall mean and refer to parks, playgrounds, swimming pools, common streets and footways, including buildings, structures, personal properties incident thereto and any other properties owned and main-tained by the Association for the common benefit and enjoyment of the residents within The Properties.
ARTICLE II
LOCATION
Section1. The initial principal office of the association shall be located at 8925 SW Beaverton-Hillsdale Highway, Portland, Oregon, but it shall be located as soon as feasible on a suitable site in the Common Properties.
ARTICLE III
MEMBERSHIP
Section 1. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as a security for the performance of an obligation. No owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership and shall
By -Laws
36
automatically commence upon a person becoming such owner and shall automati-cally terminate when such ownership shall terminate or be transferred. Section 2. The rights of membership are subject to the payments of annual and special assessments levied by the Association, the obligation of which assessments is imposed against each owner of and becomes a lien upon the property against which such assessments are made as provided by Article V of the Covenants, Con-ditions and restrictions to which The Properties are subject and recorded in Wash-ington County Deed Records in Book 843 at Pages 495 to 504, inclusive. Section 3. The membership rights of any person whose interests in The Properties is subject to assessments under Section 2, above, whether or not he be personally obligated to pay such assessments, may be suspended by action of the Directors during the period when the assessments remain unpaid; but, upon payment of such assessments, his right and privileges shall be automatically restored. If the Direc-tors have adopted and published rules and regulations governing the use of the Common Properties and facilities, and the personal conduct of any person therein, as provided in Article VIII, Section 1 (d), they may, in their discretion, suspend the rights of any such person for violation of such rules and regulation for a period of time not to exceed 30 days.
ARTICLE IV
VOTING RIGHTS
The Association shall have two classes of voting membership: Class A. Class A members shall be those owners as defined in Article III with the exception of the Declarant. Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article III. When more than one person holds such interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, or if unable to agree, they may cast fractional votes proportionate to their ownership interest, but in no event shall more than one Class A vote be cast with respect to any one Lot. The vote applicable to any of said property being sold under a recorded contract of purchase shall be exercised by the contract vendor un-less the contract expressly provides otherwise. Class B. The Class B member(s) shall be the declarant, its successors and assigns. Class B member(s) shall be entitled to three (3) votes for each Lot, in which it holds the interest required for membership by Article III; provided that the Class B membership shall be converted to Class A membership on the happen-ing of either of the following events, whichever occurs earlier:
a) When a dwelling is constructed upon a lot and occupied.
b) on a date five (5) years from the date of filing of the Articles of In-corporation of the Association.
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37
ARTICLE V
PROPERTY RIGHTS and RIGHTS OF ENJOYMENT OF COMMON PROPERTIES
Section 1. Each member shall be entitled to the use and enjoyment of the Com-mon properties and facilities as provided in Article V of the Covenants, Conditions and Restrictions applicable to The Properties. Section 2. Any member may delegate, in accordance with the Rules and Regula-tions adopted from time to time by the Directors, his right of enjoyment of the Common Areas and facilities to the members of his family, his tenants, or contract purchasers, providing they reside on The Properties. Such member shall notify the Secretary in writing of the name of any such person and of the relationship of the member to such person. The rights and privileges of such person are subject to suspension under Article III, Section 3, above, to the same extent as those of the member.
ARTICLE VI
BOARD OF DIRECTORS
Section 1. The affairs of the Corporation shall be managed by the Board of Direc-tors composed of seven (7) persons who need not be members of the Association. Section 2. At the first annual meeting of the Association the term of office of three (3) Directors shall be fixed for three (3) years. The term of office for two (2) Di-rectors shall be fixed at two (2) years, and the term of office of two (2) Directors shall be fixed at one (1) year. At the expiration of the initial term of office of each respective Director, his successor shall be elected to serve a term of three (3) years. The Directors shall hold office until their successors have been elected and hold their first meeting. Section 3. Vacancies in the Board of Directors shall be filled by the majority of the remaining Directors, and any such appointed Director shall hold office until his successor is elected by the members, who may make such election at the next an-nual meeting of the Members or at any special meeting duly called for that purpose.
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38
ARTICLE VII
ELECTION OF DIRECTORS: NOMINATING COMMITTEE: ELECTION COMMITTEE
Section 1. Election to the Board of Directors shall be by written ballot as hereinaf-ter provided. At such election, the members or their proxies may cast, in respect of each vacancy, as many votes as they are entitled to exercise under the provisions of the recorded covenants applicable to The Properties. The name receiving the larg-est number of votes shall be elected. Section 2. Nominations for elections to the Board of Directors shall be made by a Nominating Committee which shall be one of the Standing Committees of the As-sociation. Section 3. The Nominating Committee shall consist of a chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members to serve from the close of such annual meet-ing until the close of the next annual meeting and such appointment shall be an-nounced at each annual meeting. Section 4. The Nominating Committee shall make as many nominations for elec-tion to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members, as the Committee in its discretion shall de-termine. Nominations shall be placed on a written ballot as provided in Section 5 and shall be made in advance of the time fixed in Section 5 for the mailing of such ballots to members. Section 5. All elections to the Board of Directors shall be made on written ballots which shall: (a) describe the vacancies to be filled; (b) set forth the names of those nominated by the Nominating Committee for such vacancies; and (c) contain a space for a write-in vote by the members for each vacancy. Such ballots shall be prepared and mailed by the Secretary to the members at least fourteen (14) days in advance of the date set forth therein for a return (which shall be a date not later than the day before the annual meeting or special meeting called for elections). Section 6. Each member shall receive as many ballots as he has votes. Notwith-standing that a member may be entitled to several votes, he shall exercise on any one ballot only one vote for each vacancy shown thereon. The completed ballots shall be returned as follows: Each ballot shall be placed in a sealed envelope marked “Ballot” but not marked in any other way. Each such “Ballot” envelope shall contain only one ballot, and the members shall be advised that, because of the verification procedures of Section 7, the inclusion of more than one ballot in any one “Ballot” envelope shall disqualify the return. Such “Ballot” envelope or
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envelopes (if the member or his proxy is exercising more than one vote), shall be placed in another sealed envelope which shall bear on its face the name and signa-ture of the member or his proxy, the number of ballots being returned, and such other information as the Board of Directors may determine may serve to establish his right to cast the vote or votes presented in the ballot or ballots contained therein. The ballots shall be returned to the Secretary at the address indicated thereon which may be the address of the principal office of the Association or the address of the home or office of the Secretary or Manager.
ARTICLE VIII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. The Board of Directors shall have power:
(a) To call special meetings of the members whenever it deems necessary and it shall call a meeting at any time upon written request on one-fourth (1/4) of the voting membership, as provided in Article XII, Section 2
(b) To appoint and remove at pleasure all officers, agents and employees of the Association, prescribe their duties, fix their compensation, and require of them such security or fidelity bond as it may deem expedi-ent. Nothing contained in these Bylaws shall be construed to pro-hibit the employment of any Member, Officer or Director of the As-sociation in any capacity whatsoever.
(c) To establish, levy and assess, and collect the assessments or charges referred to in Article III, Section 2.
(d) To adopt and publish rules and regulation governing the use of com-mon properties and facilities and the personal conduct of the mem-bers and their guests thereon.
(e) To exercise for the Association all powers, duties and authority vested in or delegated to this Association, except those reserved to the meeting or to members in the covenants.
(f) In the event that any member of the Board of Directors of this Asso-ciation shall be absent from three (3) consecutive regular meetings of the Board of Directors, the Board may by action taken at the meeting during which said third absence occurs, declares the office of said Di-rector to be vacant.
Section 2. It shall be the duty of the Board of Directors:
(a) To cause to be kept a complete record of all its acts and corporate af-fairs and to present a statement thereof to the members at the annual meeting of the members or at any special meeting when such is re-quested in writing by one-fourth (1/4) of the voting membership, as provided in Article XII, Section 2.
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(b) To supervise all officers, agents and employees of this Association, and to see that their duties are properly performed.
(c) as more fully provided in Article V of the Declaration of Covenants applicable to The Properties:
(1) To fix the amount of the assessment against each lot (prop-erty) for each assessment period at least thirty days in ad-vance of such date or period and, at the same time;
(2) To prepare a roster of the properties and assessments appli-cable thereto which shall be kept in the office of the Associ-ation and shall be open to inspection by any member, and, at the same time;
(3) To send written notice of each assessment to every owner subject thereto.
(d) To issue, or cause an appropriate officer to issue, upon demand by any person a certificate setting forth whether any assessment has been paid. Such certificate shall be conclusive evidence of any assess-ment therein stated to have been paid.
(e) (ARTICLE IX NOT IN ORIGINAL DOCUMENT)
ARTICLE X
OFFICERS
Section 1. The officers shall be a president, a vice-president, a secretary, and a treasurer. The president and the vice-president shall be members of the Board of Directors. Section 2. The officers shall be chosen by a majority vote of the Directors. Section 3. All officers shall hold office during the pleasure of the Board of Direc-tors. Section 4. The president shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the Board of Directors are carried out and signs all notes, checks, leases, mortgages, deeds and all other written instruments. Section 5. The vice-president shall perform all duties of the president in his ab-sence. Section 6. The secretary shall be ex officio the secretary of the Board of Directors, shall record the votes and keep the minutes of all proceedings in a book kept for that purpose the names of all members of the association together with their ad-dresses as registered by such members.
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Section 7. The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors, provided however, that a resolution of the Board of Di-rectors shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the Board. The treas-urer shall sign all checks and notes of the Association, provided that such checks and notes shall also be signed by the president or vice-president. Section 8. The treasurer shall keep proper books of account and cause an annual audit of the Association books to be made by a certified public accountant at the completion of the fiscal year. He shall prepare an annual budget and an annual bal-ance sheet statement and the budget and balance sheet statement shall be presented to the membership at its regular annual meeting.
ARTICLE XI
COMMITTEES
Section 1. The Standing Committees of the Association shall be: The Nominating Committee The Recreation Committee The Maintenance Committee The Architectural Control Committee The Publicity Committee The Audit Committee Unless otherwise provided herein, each committee shall consist of a Chairman and two or more members and shall include a member of the Board of Directors for board contact. The committees shall be appointed by the Board of Directors prior to each annual meeting to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each such annual meeting. The Board of Directors may appoint such other committees as it deems desirable. Section 2. The Nominations Committee shall have the duties and functions de-scribed in article VII, above. Section 3. The Recreation Committee shall advise the Board of Directors on all matters pertaining to the recreational program and activities of the Association and shall perform such other functions as the Board, in its discretion, determines. Section 4. The Maintenance Committee shall advise the Board of Directors on all matters pertaining to the maintenance, repair or improvement of the Common Properties and Facilities of the Association, and shall perform such other functions as the Board, in its discretion, determines.
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Section 5. The Architectural Control Committee shall have the duties and func-tions described in Article VI, Declaration of Covenants and Restrictions applicable to The Properties. It shall watch for any proposals, programs, or activities which may adversely affect the residential value of The Properties and shall advise the Board of Directors regarding Association action on such matters. Section 6. The Publicity Committee shall inform the members of all activities and functions of the Association and shall, after consulting with the Board of Directors, make such public releases and announcements as are in the best interests of the As-sociation. Section 7. The Audit Committee shall supervise the annual audit of the Associa-tion’s books and approve the annual budget and balance sheet statement to be pre-sented to the membership at its regular annual meeting as provided in Article X, Section 8. The treasurer shall be an ex officio member of the Committee. Section 8. With the exception of the Nominating Committee and the Architectural Control Committee (but then only as to those functions that are governed by Arti-cle VII, Declaration of Covenants and Restriction applicable to The Properties), each committee shall have the power to appoint a sub-committee from among its membership and may delegate to any such sub-committee any of its powers, duties and functions. Section 9. It shall be the duty of each committee to receive complaints from mem-bers on any matter involving Association functions, duties, and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, director or officer of the Association as it is further concerned with the matter presented.
ARTICLE XII
MEETINGS OF MEMBERS
Section 1. The regular annual meeting of the members shall be held on____________________ If the day for the annual meeting of the members shall fall upon a holiday, the meeting will be held at the same hour on the first day following which is not a holi-day. Section 2. Special meetings of the members for any purpose may be called at any time by the President, the Vice President, the Secretary or Treasurer, or by any two or more members of the Board of Directors, or upon written request of the mem-bers who have a right to vote one-fourth of all the votes of the entire membership or who have a right to vote one-fourth of the votes of the Class A membership.
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Section 3. Notice of any meetings shall be given to the members by the Secretary. Notice may be given to the member either personally, or by sending a copy of this notice through the mail, postage thereon fully pre-paid to his address appearing on the books of the corporation. Each member shall register his address with the Sec-retary, and notices of meetings shall be mailed to him at such address. Notice of any meeting regular or special shall be mailed at least six (6) days in advance of the meeting and shall set forth in general the nature of the business to be transacted, provided, however, that if the business of any meeting shall involve an election governed by Article VII or any section governed by the Articles of Incorporation or by the Covenants applicable to The Properties, notice of such meeting shall be given or sent as therein provided. Section 4. The presence at the meeting of members entitles to cast, or of proxies entitled to cast, one-tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action governed by these Bylaws. Any action gov-erned by the Articles of Incorporation or by the Covenants applicable to The Prop-erties shall require a quorum as therein provided.
ARTICLE XIII
PROXIES
Section 1. At all corporate meetings of members, each member may vote in person or by proxy. Section 2. All proxies shall be in writing and filed with the Secretary. No proxy shall extend beyond a period of eleven (11) months, and every proxy shall automat-ically cease upon sale by the member of his home or other interest in The Proper-ties.
ARTICLE XIV
BOOKS AND PAPERS
Section 1. The books, records and papers of the Association shall at all times, dur-ing reasonable business hours, be subject to the inspection of any members.
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ARTICLE XV
CORPORATE SEAL
Section 1. The Association shall have a seal in circular form having within its cir-cumference the words: EDWARDS MEADOWS HOMEOWNERS ASSOCIATION
ARTICLE XVI
AMENDMENTS
Section 1. These Bylaws may be altered, amended, or repealed and new Bylaws may be adopted by the Board of Directors at any regular or special meeting of the Board of Directors, provided that those provisions of these Bylaws which are gov-erned by the Articles of Incorporation of this Association may not be amended ex-cept as provided in the Articles of Incorporation or applicable law; and provided further, that any matter stated herein to be or which is in fact governed by the Cov-enants, Conditions and Restriction applicable to The Properties may not be amended except as provided in such Covenants, Conditions and Restrictions. Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Covenants and Restrictions applicable to The Properties referred to in Section 1 and these Bylaws, the Covenants and Restrictions shall control. IN WITNESS THEREOF, we, being all of the Directors of the Ed-wards Meadows Homeowners association, have hereunto set our hands this _____ day of __________, 1972. ______________________ Allen Edwards, Jr. ___________________ W.R. Edwards ___________________ Wayne E. Coffee
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COVENANTS, CONDITIONS AND RESTRICTIONS FOR EDWARDS MEADOWS HOMEOWNERS ASSOCIATION
CITY OF HILLSBORO, WASHINGTON COUNTY STATE OF OREGON
THIS DECLARATION, made on the date hereinafter set forth, by Edwards In-dustries, Inc., hereinafter referred to as “developer’:
WITNESSETH: WHEREAS, Developer is the owner of the real property described in
Article II of this declaration and desires to create thereon a residential community with permanent parks, playgrounds, open spaces, and other common facilities for the benefit of the said community; and
WHEREAS, Developer desires to provide for the preservation of the
values and amenities in said community and for the maintenance of said parks, playgrounds, open spaces, and other common facilities; and, to this end, desires to subject the real property described in Article II together with such additions as may hereafter be made thereto (as provided in Article II) to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and
WHEREAS, Developer has deemed it desirable, for the efficient preser-
vation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinaf-ter created; and
WHEREAS, Developer has incorporated under the laws of the State of
Oregon as a non-profit corporation, EDWARDS MEADOWS HOMEOWNERS ASSOCIATION, for the purpose of exercising the functions aforesaid;
NOW THEREFOR, the developer declares that the real property de-
scribed in Article II, and such additions as thereto as may hereafter be made pursu-ant to Article II hereof, is and shall be held, transferred, sold, conveyed and occu-pied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as “covenants and restrictions”) hereinafter set forth.
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ARTICLE I
DEFINITIONS
Section 1. The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the fol-lowing meanings:
a. “Association” shall mean and refer to EDWARDS MEADOWS HOMEOWNERS ASSOCIATION b. “The Properties” shall mean and refer to all such existing properties, and additions thereto, as are subject to this Declaration or and Supple-mental Declaration under the provisions of Article II, hereof. c. “Common Properties” shall mean and refer to those areas of land shown on any recorded subdivision plat of the Properties and intended to be devoted to the common use and enjoyment of the owners of The Properties. d. “Lot” shall mean and refer to any plot of land shown upon any rec-orded subdivision map of “The Properties” with the exception of Com-mon Properties as heretofore defined. e. “Living Unit” shall mean and refer to any portion of a building situ-ated upon The Properties designed and intended for the use and occu-pancy as a residence by a single family. f. “Multifamily Structure” shall mean and refer to any building contain-ing two or more Living Units under one roof except when each such liv-ing unit is situated upon its own individual Lot. g. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Living Unit situated upon The Properties, but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceed-ing in lieu of foreclosure. h. “Member” shall mean and refer to all those Owners who are members of the Association as provided in Article III, Section 1, hereof. i. “Developer” shall mean and refer to the undersigned, its successors and assigns, if such successors and assigns should acquire more than one undeveloped lot or developed building site from Developer for the pur-pose of constructing a living unit thereon which shall be for sale to the public.
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ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION:
ADDITIONS THERETO Section 1. Existing Property. The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration is EDWARDS MEADOWS, a subdivision in the City of Hillsboro, Washington County, Oregon, as described in a duly recorded plat which was recorded September 23, 1970, in Plat Book 28, Pages 43 and 43-A, of the Plat Records of Washington County, Ore-gon, all of which real property shall hereinafter be referred to as “Existing Prop-erty”. Section 2. Additions to Existing Property. Additional lands may become subject to this Declaration in the following manner: a. Additions in Accordance with a General Plan of Development, The Developer, its heirs and assigns, shall have the right to bring within the scheme of this Declaration additional properties in future stages of the development, provided that such additions are in accord with a General Plan of Development prepared prior to the sale of any Lot and made known to every purchaser (which may be done by brochure delivered to each purchaser prior to sale). Such General Plan of Development shall show the proposed additions to the existing property and contain: (1) a general indication of size and location of additional development stages and proposed land uses in each; (2) the approximate size and location of common properties proposed for each stage; (3) the general nature of proposed common facilities and improvements; (4) a statement that the proposed additions, if made, will become subject to assessment for their just share of Association expenses; and (5) a schedule for termination of the Developer’s right under the provisions of this sub-section to bring additional development stages within the scheme. Unless otherwise stated therein, such General Plan shall not bind the Developer. Its heirs or assigns, to make the proposed additions or to adhere to the Plan in any subsequent development of the land shown thereon and the General Plan shall contain a conspicuous statement to this effect. The additions authorized under this and the succeeding subsection, shall be made by filing of record a Supplementary Declaration of Covenants and Re-strictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such property. Such Supplementary Declaration may contain such complementary addi-tions and modifications of the covenants and restrictions contained in this Declara-tion as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the existing property. b. Other Additions. Upon approval in writing of the Association pursu-ant to a vote of its members as provided in its Articles of Incorporation, the owner of any property who desires to add it to the scheme of the Declaration and to
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subject it to the jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and Restriction, as described in subsection (a) hereof. c. Mergers. Upon a merger or consolidation of the Association with an-other association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and re-strictions established by the declaration within the Existing Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall affect any revocation, change or addition to the covenants established by this Declaration within the Ex-isting Property except as hereafter provided.
ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee, interest in any Lot or Living Unit which is subject by covenants of record to assessment by the Association shall be a member of the Association, pro-vided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. Section 2. Voting Rights, The Association shall have two classes of voting mem-bership: Class A. Class A members shall be all those owners as defined in Section I with the exception of the Developer. Class A members shall be entitled to one vote for each Lot or Living Unit in which they hold the interests required for mem-bership by Section I. When more than one person holds such interest or interests in any Lot or Living Unit all such persons shall be members, and the vote for such Lot or Living Unit shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot or Living Unit. Class B. Class B members shall be the developer, its successors and as-signs. (See Article I, Section 1 [i]) Class B members shall be entitled to three (3) votes for each Lot or Living Unit in which it holds the interest required for the membership by Section I. above; provided that Class B membership shall be con-verted to Class A membership upon the happening of either of the following events, whichever occurs earlier:
(a) when a Living Unit is constructed upon a lot and is occupied. (i.e. when a Living Unit is rented or sold on contract by Developer)
(b) on December 31, 1976. From and after the happening of these events, whichever occurs earlier, the Class B membership shall be deemed to be a Class A member entitled to one
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vote for each lot in which it holds the interest required for membership under Sec-tion I., above.
ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 1. Members’ Easements of Enjoyment. Subject to the provisions of Sec-tion 3, every member shall have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title to every Lot or Living unit. Section 2. Title to Common Properties. The developer may retain the legal title to the Common Properties until such time as it has completed improvements thereon and until such time as, in the opinion of the developer, the Association is able to maintain the same but, notwithstanding any provisions herein, the Developer hereby covenants, for itself, its heirs and assigns that it shall convey the Common Properties to the Association not later than December 31, 1976, and will cause all liens and encumbrances against said Common Properties placed, permitted or aris-ing by, through or under the Developer to be satisfied of record not later than De-cember 31, 1976, so that after the said date the Common Properties will be free and clear of all encumbrances placed, permitted or arising by, through or under the Developer. Section 3. Extent of Members Easements. The rights and easements of enjoyment created hereby shall be subject to the following:
a. the right of the developer and of the Association, in accordance with
its Articles and Bylaws, to borrow money for the purpose of improving the
Common Properties and in aid thereof to mortgage said properties. In the event
of a default upon any such mortgage the lender’s rights hereunder shall be lim-
ited to a right, after taking possession of such properties, to charge admission
and other fees as a condition to continued enjoyment by the members and, if
necessary , to the open enjoyment of such properties to a wider public until the
mortgage debt is satisfied whereupon the possession of such properties shall be
returned to the Association and all rights of the Members hereunder shall be
fully restored; and (b)above described properties the right of the Association to take such
steps as are reasonably necessary to protect them against foreclosure; and (c)the right of the Association, as provided in its Articles and Bylaws, to
suspend the rights of any Member for any period during which any assessment re-mains unpaid, and for any period not exceed thirty (30) days for any infraction of its published enjoyment rules and regulations; and d. the right of the Association to charge reasonable admission and other fees for the use of the Common Properties; and e. the right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that
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no such dedication or transfer, determination as to the purposes or as to the condi-tions thereof, shall be affective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes of each class of membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written no-tice of the proposed agreement and action thereunder is sent to every Member at least thirty (30) days in advance of any action taken.
ARTICLE V
CREATION OF LANDSCAPE EASEMANTS
Section1. Purpose of Easements. To help preserve the values in said community it is desirable that a fence and green belt be constructed and maintained over and across the northerly fifteen (15) feet of all lots in the properties that abut River road. The governing authorities would not allow Developer to include said prop-erty in the Common Properties. Therefore, it is necessary to create easements over and across said lines for this purpose. Section 2. Description of Easements. Each and every instrument of Conveyance of Lot 1, Block 1, Lots 1, 8, 9, 16, 17, 24, 25, 31, 32, 33, Block 2, Edwards Mead-ows, Washington County, Oregon, shall be deemed to reserve to the Association, its successors and assigns, perpetual easements, whether or not the same shall be expressly reserved in such conveyance, over, across and through the northerly fif-teen (15) feet of each said lots, as set forth on the recorded plat of The Properties for the purpose of constructing and maintaining a fence and planted green belt on said easements. Section 3. Easements on Additions to The Properties. Developer hereby cove-nants and declares for itself and its successors and assigns, that it will cause, if it is in its power to do so, like easements to be created on any additional properties made subject to those covenants and restrictions and to the jurisdiction of the As-sociation pursuant to Article II hereof, on all lots which abut River Road and Minter Bridge Road.
ARTICLE VI
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The De-veloper for each Lot or Living Unit owned by it within The Properties hereby cov-enants and each Owner of any Lot or Living Unit by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improvements, such as assessments to be fixed, established, and collected from time to time as hereinafter provided.
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The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The obligation shall remain a lien on the property until paid or foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessment levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents in The Properties and in particular for the improve-ment and maintenance of properties, service and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties and the home sit-uated upon The Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof. Landscape easements and the improvements thereon and planted areas located in public streets shall for the purpose of this section be considered part of the Com-mon Properties; provided however, the Association shall not be responsible for payments of taxes on the landscape easements. Section 3. Uniform Rate of Assessments. Both regular periodic flat charges and any special assessments must be fixed at a uniform rate for all Living Units and may be collected on an annual, quarterly or monthly basis at the discretion of the Direc-tors. Section 4. Special Assessments for Capital Improvements. In addition to the regu-lar assessment authorized by this Article, the Association may levy in any assess-ment year a special assessment, applicable to that year only, for the purpose of de-fraying, in whole or in part, the cost of any construction or reconstruction, unex-pected repair or replacement of a described capital improvement upon the Com-mon Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds of the votes of each class of Members who are voting in person or by proxy at a meet-ing of duly called for this purpose, written notice of which shall be sent to all Mem-bers at least thirty (30) days in advance and shall set forth the purpose of the meet-ing. The quorum required for any action authorized by this Section shall be as follows: At the first meeting called, the presence at the meeting of Members, or of proxies, entitled to cast sixty (60) percent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting, provided that the subsequent meeting shall be held no more than sixty (60) days following the preceding meeting.
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Section 5. Date of Commencement of Assessment. Due Dates: The regular peri-odic assessments provided for herein shall commence on the date (which shall be the first day of the month) fixed by the Board of Directors of the Association to be the date of commencement. The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment. The due date of the first assessment levied against any property which is hereafter added to The Properties shall be fixed by the Board of Directors and if, at a time other than the beginning of any assessment period, said assessment shall be prorated for the balance of the assessment period. Section 6. Duties of the Board of Directors. The Board of Directors of the Asso-ciation shall fix the date of commencement and the amount of the assessment against each lot or living unit for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the Prop-erties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any owner. Written notice of the assessment shall thereupon be sent to every owner subject thereto. The Association shall upon demand at any time furnish to any owner lia-ble for said assessment a certificate in writing signed by an officer of the Associa-tion, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non-Payment of Assessments: Remedies of the Association. Any assessments that are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessments shall bear in-terest from the date of delinquency at the rate of six (6) percent per annum. The secretary of the Association shall file in the office of the Director of records, County Clerk or appropriate recorder of conveyances of Washington County, State of Oregon, within 120 days after delinquency a statement of the amount of any such charges or assessments, together with interest as aforesaid, which have be-come delinquent with respect to any Lot or Living Unit on said property, and upon payment in full thereof, shall excuse and file a proper release of the lien securing the same. The aggregate amount of such assessment together with interest, costs and expenses and a reasonable attorney’s fee for the filing and enforcement thereof, shall constitute a lien on the property from the date the notice of delin-quency thereof is filed in the office of said Director of records or County Clerk or other appropriate recording office, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner pro-vided by law with respect to liens upon real property. The owner of said property at the time of said assessment is levied shall be personally liable for the expenses, costs and disbursements including reasonable attorney’s fees of the Association of processing and, if necessary, enforcing such liens, all of which expenses, costs and disbursements and attorney’s fees shall be secured by said lien, including fees on appeal, and such owner at the time such assessment is incurred shall also be liable
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for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his Lot or Living Unit or any im-provement thereon. Section 8. Subordination of the Lien to Mortgages. The lien of the assessment provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to the assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of a foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of ant such subsequent assessment. Section 9. Exempt Property. The following property subject to this declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; (b) the Common Areas; and (c) all other properties owned by the Association; (d) property owned by the Devel-oper prior to the time a Living Unit is constructed thereon and occupied.
ARTICLE VII
ARCHITECTURAL CONTROL COMMITTEE
Section 1. Review by Committee. No building, fence, wall or other structure shall be commenced, erected or maintained upon The Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifica-tions showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external de-sign and location in relation to surrounding structure and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said board, or its designated committee, fail to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration or change has been com-menced prior to the completion thereof, approval will not be required and this Ar-ticle will be deemed to have been fully complied with.
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ARTICLE VIII
USE RESTRICTIONS
The following restrictions shall be applicable to all real property described herein and any other property that may be annexed pursuant to Article II above, and shall be fir the benefit of and limitations upon all present and future owners of said property, or of any interest therein: Section 1. Signs. Unless written approval is first obtained from the Architectural Committee, no sign of any kind shall be displayed to the public view on any build-ing or building site on said property except one professional sign of not more than five square feet advertising the property for sale or rent, or signs used by the Devel-oper to advertise the property during the construction and sales period. Section 2. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said property, except dogs, cats or other household pets, provided that such household pets are not kept, bred or maintained for any commercial purpose. Section 3. Garbage and Refuse Disposals. No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or any other waste shall be kept or maintained on any part of said property except in a sanitary container. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Section 4. Nuisance. No noxious or offensive conditions shall be permitted upon any part of said property, nor shall anything be done thereon which may be or be-come an annoyance or nuisance to the neighborhood. Section 5. Temporary Structures. No trailer, camper-truck, tent, garage, barn, shack, or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said property. Section 6. Easements. The property included in said subdivision shall be subject to mutual and reciprocal easements over and across a strip of land five (5) feet in width along the side and rear lines of all lots for the installation, operation and maintenance of water, gas, sewer, telephone, and electric lines, and other services now or hereafter commonly supplied by public utilities serving the residents of this subdivision.
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ARTICLE IX (designated as Article VIII in original document)
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, or the owner of any rec-orded mortgage an any part of said property shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereaf-ter. Section 2. Duration and Amendment. The covenants and restrictions of this Dec-laration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any Lot or Living Unit subject to this declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. Any of the covenant and restrictions of this Declaration, except the easements herein granted, may be amended during the first twenty-five (25) year period by an instrument signed by members entitled to cast not less than ninety (90) percent of the votes of each class of membership, and thereafter by an instru-ment signed by members entitled to cast not less than seventy-five (75) percent of the votes if each class. Easements herein granted and reserved shall not be amended except by an instrument signed and acknowledged by one hundred (100) percent of the owners of said property, the Architectural Committee, and by the Developer, so long as it owns any interest in the real property referred to in the property above described or any other property that may be annexed pursuant to Article II above. All such amendments must be recorded in the appropriate Deed Records of Washington County, Oregon, to be effective. Section 3. No Right of Reversion. Nothing contained in this Declaration, or in any form of deed which may be used by the Developer, or its successor and as-signs, in selling said property, or any part thereof, shall be deemed to vest or re-serve in the Developer or the Association any right of reversion or re-entry for breach of violation of any one or more of the provisions hereof. Section 4. Notices. Any notice required to be sent to any Member or Owner un-der the provisions of this Declaration shall be deemed to have been property sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section 5. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
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IN WITNESS WHEREOF, Edwards Industries, Inc. has caused these presents to be signed and the Corporate seal affixed hereto by its duly authorized officers this day of November, 1971. EDWARDS INDUSTRIES, INC. By_____________________ president By_____________________ secretary
STATE OF OREGON County of Washington On this day of November, 1971, before me appeared ALLEN EDWARDS, JR. and WAYNE E. COFFEE, to me personally known, who be-ing duly sworn did say that they are the President and Secretary respectively of Ed-wards Industries, Inc., and that the said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and they acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and af-fixed my official seal the day and year last above written. _____________________________ Notary Public for Oregon
My commission expires__________
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