An often asked question is “Who gives the Shadowood Greenways Association the right to tell me what I can do with my property?” The simple answer to the question is, “You do.” You did so when you took title to your property and elected to live in Shadowood Greenways.
In February 1976, the original developer of Shadowood Greenways recorded in the public records of Yamhill County, Oregon a document called the Declaration of Covenants and Restrictions for Shadowood Greenways Association. In 2008 that document was extended by the Association. This document imposes a number of restrictions and conditions on all property and property owners in Shadowood Greenways. One of those conditions is that every property owner of a lot in Shadowood Greenways is required to be a member of the Shadowood Greenways Association. All property owners automatically are members and no owner has a right to “opt out” because of non-use of the services, such as common areas or recreation facilities offered or because of disagreement with Shadowood Greenways’ restrictions or rules. Shadowood Greenways has the right to enforce the restrictions and to adopt Bylaws and rules and regulations for the governance of the Association and the use of property in Shadowood Greenways.
Under fundamental principles of real estate law, by accepting title to real property, an owner agrees to be bound by the terms of documents that were recorded before the owner took title. In essence, a form of “contract” exists. By accepting title, you, the owner, have agreed to the terms of that “contract.”
In Shadowood Greenways, your “contract” contains all of the terms, conditions and restrictions in the CC&Rs and Bylaws, including the condition that Shadowood Greenways Association will have the right to govern how you use, maintain and improve your property. By taking title to your lot, you have contractually agreed to all of those terms, conditions and restrictions.
Please remember that homeowners are required to submit plans for any and all exterior improvements for approval to the Architectural Committee prior to installation. The purpose of the CC&Rs and Bylaws is not to hinder you from choice, but to ensure choices are in harmony with the overall appearance of the community.
You may read the CC&Rs, Bylaws, Enforcement Resolution and any other regulations under the ‘Policies and Procedures’ heading on this website.
Thank you.