MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF WEST HAYDEN ISLAND MOORAGE OWNERS ASSOCIATION
TIME & PLACE: Thursday, June 1, 2006, 7:00 PM at the Moorage Office (C-7) located at 2630 N. Hayden Island Drive, Portland, Oregon, 97217.
Board Members Present:
Mr. John LeDoux, President
Mr. Steve Weisensee, Vice President
Mr. C.W. Taylor, Vice President
Ms. Pat Buescher, Treasurer
Mr. Walt LeDoux, Secretary
Order Of Business
Call to Order; Determination Of Quorum
o The President called the meeting to order and announced that with all Board Members present, a quorum was established.
Reading & Approval Of The Minutes Of Previous Meeting
The Secretary passed out minutes of the Board Meeting of May 4, 2006.
Moved and seconded to accept Minutes.
Vote on motion passed unanimously.
Treasurer’s Report
P&L Budget – YTD ~ $3000.00 under budget.
Balance Sheet – $154,767.69.
Aging – 2 Accounts late.
Schwab Account – $131,235.31.
Old Business
Standing Committee Reports
Facilities & Grounds
o Dye Tests.
§ All complete except #44.
§ 2 homes still in question (#7 & #8).
§ The Secretary requested that a report be provided for our records.
o Safety Rails should be ready in the next couple weeks.
o We had a recent backflow test & passed.
o Grass turning brown.
§ Breaker tripped so sprinkler was not working.
Fire, Security And Safety
o Hose Bibs Survey.
§ 42 homes with Water available.
§ But along sides
§ Steve will recheck for hose bibs on or near front of homes.
o Gate – Out Gate closed on one owner’s car.
§ Tabled unless a formal complaint is received.
§ Gate is operating correctly.
§ Owners should be aware that a “dead zone” exists between the 2 detector loops for the out gate.
§ Will put something in the newsletter.
Architectural Review
o No new issues or construction plans received.
By-Laws, CC&Rs And Rules
o Final review completed, will be recorded early next week.
Violation & Adjudication
o Slip 55.
§ Letter Hand Delivered on 8 May.
§ See Response from our Attorney. – Recommendation was to apply fines.
o Slip 21.
§ See Response from our Attorney. – Recommendation was to apply fines. Suit would be costly and cause more delays.
Owner’s Proof of Insurance
All 56 slips in compliance
Non-Compliance fine.
o See Response from our Attorney.
o Moved & seconded to waive the fine levied for a slip that was late in complying by 6 days - Passed with 1 no vote.
Beautification Committee
Broken Flower pot(s) – Bought bigger pots for East end.
Wildflowers & weeding on bank.
o Walt argued that allowing weeds and ? to grow near the water line will eventually cause silt buildup.
o Pat suggested planting near the top of the bank
o Secretary will present his argument in next newsletter.
No Wake Zone Signage.
Letter sent on 8 May to Giusto – no response.
Spoke to Lt Todd Lauttenbach (SP). – Secretary will get with officer ASAP.
New Business
Fine procedure – Assistance from Attorney? What are our pet peeves?
Dogs Off Leash/Un-Controlled (Cats). – In CCRs.
Derelect Vehicles – In CCRs.
Derelect Boats – In CCRs.
Homes Disorderly/Disrepair. – Judgement call by ARC & can be disputed.
Operating a Business. – In CCRs but needs to be better defined.
Speeding – Difficult to judge speed and/or identify offender.
President will request attorney’s guidance on “Procedures” for fines.
Board members are individually concerned that we are responding to the complaints of a few.
Other – Issues with Cigarette butts, Birds in Gazebos, Letter of complaint provided to Secretary. The Board solicits suggestions to resolve issues like these.
Suggestion to replace Grass with shrubs or ?? – need to plan long term, possibly address through Beautification Committee.
Reminder Time and Place for next Board Meeting.
Day – First Thursday in July (July 6).
Time – 1900 (7:00pm).
Place – Moorage Office.
Reminder Date and Time for next Annual Membership Meeting.
Day - Tentatively set for the 4th Sunday in January (January 28th, 2007). (The next 3 Superbowls are on the 1st Sunday in Feb.)
Time – Tentatively 1600 (4:00 PM).
Adjourn.
Moved, seconded and passed unanimously.
Sec. Note: Attorney responses to questions are included below. Some header and footer information is deleted for brevity and a brief description of the question is included:
Question: What legal ramifications will there be if a home is not substantially complete by end of June and what actions do we have to take to have the owner move the house until complete.
Answer: Your first question raises a pragmatic question. How long is it going to take to complete? I think it would be unwise to exercise “self help,” considering you would have to find a place to locate the home yourself, arrange for removal, and pay rent. That opens up all kinds of legal issues that you want to avoid. That leaves you with two remedies. Either, implement a substantial fine for each month or day delay, or sue to compel him to remove floating home from the location. You actually could do both. Frankly, a lawsuit would show him you mean business, but would be costly and would not be quick. I would expect such a lawsuit would be for a mandatory injunction compelling him to remove the floating home until completed, plus attorney fees and costs. I suspect, however, the home would be completed before the suit is completed. The suit would likely accomplish pushing him along to finish the project, but substantial fines might do that anyway. So, my recommendation is to implement fines first, but see my comments below regarding fine procedure.
Question: We have two or three owners that have derelict boats tied up to their floating homes. We have notified them to either have them repaired or removed. At least three of them don't have a legal registration or insurance. What do we need to do to either get the boats moved out if they are not repaired, licensed or properly titled. What kind of timeframe will it take?
Answer: With respect to the derelict boats, my first question to you is does the board have in place rules or regulations governing requirements regarding the licensing of boats? If not, it should if that is intended to be enforced. I did not see anything in the CC&Rs or bylaws re licensing. Certainly, boats in disrepair fall under Section 4.10 of the CC&Rs re personal property. Again, do not underestimate the power of fines. My first recommendation is that you proceed with fines and if those do not work, then you can consider a lawsuit to have them removed. Frankly, there is no quick action if you go to court. You could potentially seek a mandatory injunction or temporary restraining order to have the boats removed, but consider the issue and then consider the cost. Unless the boats represent a fire hazard, I recommend to fine first, sue later. At some point people will get the message. Again, see my comments below regarding fines. As far as insurance for these boats, is that really an issue for the association if they have the other insurance required by the moorage? Does the moorage require these boats be separately insured?
Question: We have two homes that need some repair work. They have been notified and were given until March. Not complete. Our CC&Rs state that we could take action to have them repaired and then charge the owner. What is the legal process to do this and again timeframe?
Answer: I forgot to address separately your question re repair of two homes. Answering this question would be dependent upon the kind of repairs. Nonetheless, I recommend you first commence fines, before the board actually considers taking on the responsibility of causing repairs to a home. Making such repairs would require access, which could be problematic for the association.
Question: We instituted a fine for homeowners that were unable to provide proof of a $1,000,000.00 liability policy. There were approximately 22 owners without the certificate so we sent out registered letters to each along with a $10.00 handling fee for the registered letter. We had one owner who was late in complying by our deadline so we fined him and shortly thereafter, we received his proof of insurance. He is fuming mad and refuses to pay either the fine or the handling fee. We know that we could take an action to forgive the fine, but we are trying to be firm or our fine system just won't work and we won't have any teeth to chew on those who keep ignoring the rules.
Answer: Your last issue raises an important point about fining. As a moorage, you do not fall under the Oregon Planned Community Act or the Oregon Condominium Act. Under those Acts, the association is required to have in place a procedure for implementation of fines, including notice and opportunity for hearing before any fine is imposed, as well as a schedule of fines so residents know what fines to expect. I recommend you follow the same method and implement a fine procedure and schedule. That way everyone is on notice of the potential for fines and possible amounts. With that said, I suggest that you waive the fine of $100 for him, provided he pays the $10 before a certain date and agrees to provide the certificate in a timely manner in the future. Then implement the fine procedure. I do recommend that you have us assist you in drafting a fine procedure.