SHADOWOOD GREENWAYS ASSOCIATION
Resolution of the Board of Directors
ENFORCEMENT RESOLUTION
RECITALS
A. “Association” is Shadowood Greenways Association, an Oregon nonprofit corporation. The Association is charged with the operation and management of the Shadowood Greenways planned community, a planned community located in Yamhill County, Oregon.
B. The Association is governed by the following documents recorded in Yamhill County, Oregon:
1. Declaration of Covenants and Restrictions for Shadowood Greenways Association, recorded on November 6, 2009, as Document No. 200917545, including any amendments, renewals or supplements thereto (“Declaration”).
2. Bylaws of Shadowood Greenways Association, recorded on November 6, 2009, as Document No. 200917546, including any amendments thereto (“Bylaws”).
C. The Association is also governed by the Oregon Planned Community Act, ORS 94.550 et seq (the “Act”).
D. ORS 94.640 and Chapter 4 of the Bylaws vest the Board of Directors (“Board”) with all of the powers and duties necessary for the administration of the affairs of the Association.
E. ORS 94.630(l)(a), Chapter 4, Section 4.10 and Chapter 12, Section 12.05 of the Bylaws empower the Association to adopt rules and regulations.
F. ORS 94.630(l)(n) provides that the Board of Directors may levy reasonable fines for violations of the Declaration, Bylaws, Architectural Guidelines or any other rules and regulations of the Association after notice and an opportunity to be heard, if the fine is based on a Schedule of Fines adopted by a resolution of the Board.
G. ORS 94.709 provides that fees, late charges, fines, and interest imposed pursuant to ORS 94.630(l)(n) are enforceable as assessments.
H. For the benefit and protection of the Association and of the individual Owners, the Board deems it necessary and desirable to establish a formal procedure for the handling of complaints and the enforcement of the Declaration, Bylaws, Architectural Guidelines, and any other rules and regulations to ensure that Owners receive notice and an opportunity to be heard in cases involving alleged violations of any of the rules and regulations.
I. The Board deems it necessary and desirable to adopt a Schedule of Fines, attached as Exhibit A to this Resolution, to be used by the Board in imposing sanctions for violations of the Declaration, Bylaws, Architectural Guidelines or any other rules and regulations of the Association.
RESOLUTION NOW, THEREFORE, IT IS RESOLVED that:
I. All prior Enforcement Resolutions or Financial Penalties Resolutions, if any, are rescinded
and are no longer of any force.
II. The procedure set forth below shall now be the process for handling complaints and
enforcement of violations of the Declaration, Bylaws, Architectural Guidelines and any
other rules and regulations.
DEFINITIONS
Advertisements: Any public notice soliciting a product, service, event or a sign requesting some action is prohibited, with the exception of the following:
a) real estate for sale/for rent signs (to be removed within 30 days of final transaction)
b) garage sale signs and estate sale signs (not to exceed 4 sq. ft. in area and to be removed immediately after the sale)
c) holiday or celebratory banners/flags without words at home front entrances (not in yards)
d) unlit signs in windows (not to exceed 1 sq. ft. in area), and
e) Shadowood Greenways HOA notices
Animals: No domestic animals of any kind shall be raised, kept or permitted upon the premises or any part thereof other than dogs, cats and birds which are not kept, bred or raised thereon for commercial purposes or in unreasonable numbers, and which are reasonably controlled to avoid their being a nuisance to other lot owners.
Declaratory relief: a court decision that explains the rights and obligations of parties in a dispute without ordering any specific action.
Injunctive relief: a legal remedy that may be sought in a civil lawsuit.
ARTICLE 1 – OVERVIEW OF PROCESS
1.1 Complaint. An Owner/Resident must file a written complaint with the Board of Directors regarding a violation of the Declaration, Bylaws, Architectural Guidelines and any other rules and regulations by another Owner, tenant, or guest to receive any action from the Board.
1.2 Investigation. The Board of Directors has the discretion to investigate the complaint and decide if it is valid (Article 3).
1.3 Violation and Notice. If the Board of Directors finds there is a violation, the Board or its representatives must provide notice to the Alleged Offending Owner. The Board will provide a First Notice to the Alleged Offending Owner. If the violation is not remedied or ceased within the time specified in the notice, then the Board will provide a second notice to the Alleged Offending Owner. This second notice must contain certain provisions, including giving the Alleged Offending Owner an opportunity for a hearing (Article 4).
1.4 Hearing. If requested, the Alleged Offending Owner may present testimony or evidence regarding the violation at the next Board meeting (Article 5).
1.5 Fines. The Board may impose fines pursuant to the Schedule of Fines if the violation is not remedied or ceased within the time specified in the notice, provided the Owner has the opportunity for a hearing (Articles 3, 6, and 7).
ARTICLE 2 – ORIGINATION/ INITIATION OF COMPLAINT
2.1 Owners/Residents. An Owner/Resident (“Complainant”) who desires the Board of Directors to take corrective action against another Owner or tenant (“Alleged Offending Owner”) must submit a complaint to the Board of Directors. The complaint must be in writing and must include:
(a) The Complainant’s contact information
(b) Preferred type of communication
(c)The name, if known, and address of the Alleged Offending Resident;
(d) A detailed description of the offending behavior or activity, including the date(s) and approximate time(s)
(e) Pictures of the offending behavior or incident and/or a detailed description, and
(f) Whether or not the Complainant attempted contact with the Alleged Offending Resident regarding the alleged violation.
2.2 Board of Directors. A complaint will be reviewed by the Board of Directors based on written information from a complainant. (see Overview of Process above)
ARTICLE 3 – INVESTIGATION OF COMPLAINT
3.1 Investigation. Upon receipt of a written complaint, the Board, or a person authorized by the Board, has the discretion to conduct an investigation to confirm the nature and existence of the allegations contained in the complaint.
3.2 Determination of Violation. If, after review of a complaint, the Board of Directors determines that there is a violation of the Declaration, Bylaws, Architectural Guidelines or any other rules and regulations, or other Governing Documents and the Board determines that it is in the best interest of the Association and Owners/Residents to address the violation with the Alleged Offending Owner, the Board shall proceed to give notice to the Alleged Offending Owner as described below.
ARTICLE 4 – NOTICE PROCEDURE
4.1 Notice of Violation. The Board shall give the Alleged Offending Owner written notice of the violation.
(a) Notice of Violation and Right to a Hearing. The notice required under this section must:
(1) Describe the violation in the first notice and ask that the violation cease;
(2) If a second notice is needed, contain a statement that the Alleged Offending Owner has ten (10) days to request a hearing at the next scheduled Board Meeting (or at another, mutually agreed upon Board Meeting), and that any request for a hearing must be in writing;
(3) Contain a statement advising the Alleged Offending Owner that if no hearing is requested within ten (10) days, and if the alleged violation is not remedied or ceased within those ten (10) days, fines may be assessed, beginning on the day following the specified deadline, pursuant to the Schedule of Fines adopted by the Board of Directors as Exhibit A to this Resolution.
(b) Optional Notice Provisions. The notice may also provide or specify any or all of the following:
(1) Specific action the Board is requiring to remedy the violation;
(2) The particular language or section from the Declaration, Bylaws, Architectural Guidelines and any other rules and regulations which has been violated; and
(3) Any other information as directed by the Board.
(c) Delivery of Notice. The notice must be mailed via first-class mail to the address on record with the Association or via electronic communications. In the case of non-owner residents, the notice may be sent to both the address on record with the Association for the Owner and to the lot address. The mailing shall be by first class mail or via electronic communication. The notice may also be hand delivered to the lot in addition to the mailings.
4.2 Repeat Violations. Owners/Residents who repeat the same violation within a 12-month period of receiving a second notice are not entitled to an additional notice or hearing, regardless of whether or not the Owner participated in a hearing as a result of the first violation. For such repeat violations, the Board may automatically begin fines as outlined in the attached Schedule of Fines.
4.3 Ongoing Violations. For Owners/Residents whose violation is continuous in nature, the Board may, in the Board’s discretion, send a notice to the Owner 180 days following the date of the First Notice, informing the Owner that the violation is still ongoing and that fines are still accruing as outlined in the attached Schedule of Fines. No additional hearing notice is required to be given. Failure to send this notice does not negate any fines that are levied.
4.4 Informal Action. Nothing in this article precludes the President, a designated Board member, or other person authorized by the Board from first attempting to resolve the matter either by an informal meeting with the Alleged Offending Owner/Resident, and/or a telephone call, electronic communication or a warning letter to the Alleged Offending Owner.
ARTICLE 5 – HEARING PROCEDURE
5.1 Hearing Procedure. In the event that an Alleged Offending Owner requests a hearing, the Board shall utilize the following procedure for violation hearings to be held during a regular open Board meeting:
(a) Appearances at the Hearing. If the Alleged Offending Owner fails to appear within fifteen (15) minutes of the time set for the hearing, the Board may, at its sole discretion:
(1) Conduct the hearing without the presence of the Alleged Offending Owner;
(2) Allow the Alleged Offending Owner additional time that day to appear;
(3) Reset the hearing to another date and time; or
(4) Dismiss the complaint, in which case the Board shall notify the Alleged Offending Owner, in writing, that the complaint has been dismissed.
(b) Conduct of Hearing.
(1) Testimony from Parties. If the Complainant chooses to appear and the Alleged Offending Owner appears, the Board shall proceed to hear from the Complainant and then from the Alleged Offending Owner.
(2) Evidence and Witnesses. The Complainant and the Alleged Offending Owner may present evidence and witnesses at the hearing. The Board may limit testimony and evidence as it determines is reasonable and necessary. An Owner’s testimony shall not exceed 15 minutes.
(c) Board Determination. Following the testimony and any evidence presented by the parties, the Board has the discretion to re-evaluate its prior determination of violation under Sections 3.1 and 3.2 above. The Board also has the discretion to re-evaluate the fine, any required or appropriate resolution for the violation, and any other matter which may result in the resolution of the violation.
(1) The discussions must be in open session as directed by ORS 94.644.
(2) The Board shall either give its decision at the conclusion of the hearing or take the matter under advisement and give the decision a later date not to exceed ten (10) days after the hearing date. Any later decisions will be given in open sessions.
ARTICLE 6 – OTHER LEGAL ACTION
6.1 Board Actions. In addition to levying fines, action by the Board may include, but need not be limited to:
(a) Seeking injunctive or declaratory relief action (see Definitions) against any Alleged Offending Owner and tenants, guest, or other occupants of the Alleged Offending Owner; and/or
(b) Taking immediate legal action, as the Board finds reasonably necessary, to stop conduct which it determines is in violation of the Declaration, Bylaws, Architectural Guidelines or any other rules and regulations, or applicable state or federal law.
6.2 Additional Corrective Action by Board.
(a) Right of Board to Take Additional Corrective Action. If the Alleged Offending Owner/Resident fails to correct the violation, the Board may take additional corrective action without prior notice.
(b) Notice of Additional Action. If the Board has taken action as cited in 6.2(a), the Board shall give the Alleged Offending Owner written notice after that action.
ARTICLE 7 – MISCELLANEOUS
7.1 Renters and Other Non-Owner Occupied Lots and Guests. The Owner of any lot shall be responsible for the violations of any renter, tenant, guest or family member who violates any portion of the Declaration, Bylaws, Architectural Guidelines or any other rules and regulations.
7.2 No Fines Pending Resolution of a Hearing. Pending a resolution of a requested hearing, no fines may be charged against the account of an Alleged Offending Owner.
7.3 Mediation. ORS 94.630(4)(a) provides for dispute resolution prior to any litigation being initiated between the Association and any member of the Association. For purposes of this Enforcement Resolution, the dispute resolution requirements of the Act do not apply to the actions of the Association in its enforcement responsibilities, as long as no litigation has been filed.
BE IT FURTHER RESOLVED that:
III. The Schedule of Fines attached as Exhibit A is adopted by the Board of Directors to determine the fines for violations of the Declaration, Bylaws, Architectural Guidelines and any other rules and regulations of the Association.
IV. A copy of this Resolution and any amendments thereto will be sent to each Owner at the physical address shown in the records of the Association or by electronic communication.
DATE: December 20, 2024
ATTEST:
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EXHIBIT A – SCHEDULE OF FINES
Step 1. Residents are encouraged to settle any disputes among themselves in a neighborly fashion and to attempt to resolve the problem with the non-complying resident. This is usually in a personal conversation that is neither threatening nor adversarial.
Step 2. If getting no results following Step 1, proceed to filing the Concern and Complaint Form (online here) or asking a Board member for a printed form.
All fines are per occurrence. In the event a violation is continuing in nature, the fine will renew either daily, weekly, or monthly until the violation is remedied or ceased. A 1% fee will be placed on unpaid fines per month. Owners are responsible for violations of their tenants and guests.
| VIOLATIONS | PER | FINE | RENEWS |
| Unapproved improvement or alteration on Lot | CC&Rs, Article VII | $300 | Monthly |
| No carports are allowed, including canopies used as such | CC&Rs, Article IX | $150 | Daily |
| Unapproved temporary structure on Lot | CC&Rs, Article X | $150 | Daily |
| Unapproved advertisements or posters on Lot (see Definitions above) | CC&Rs, Article X | $150 | Daily |
| Campers, RVs, boats or trailers parked in the development for more than 5 days | CC&Rs, Article X | $150 | Daily |
| All bins shall be kept out of public view except when bins are placed curbside for pickup | CC&Rs, Article X | $150 | Daily |
| No garbage, trash or refuse will be allowed to accumulate on any property contained in this development | CC&Rs, Article X | $150 | Per incident |
| Unreasonable or nuisance behavior from pet(s), including disruptive noise | CC&Rs, Article X | $150 | Per incident |
| Impermissible animal | CC&Rs, Article X | $150 | Weekly |
| No offensive noises or conduct which offends or interferes with other residents’ use of their property or the private commons. | CC&Rs, Article X | $150 | Per incident |
| Unapproved & unlicensed vehicle repair, bodywork or painting in driveways | City Planning Dept. Municipal Code *17.67.010 | Civil Penalty | Per filed complaint |
| Discarded motor vehicle parts on premises | City Planning Dept. Municipal Code ^18.10.250 | Civil Penalty | Per filed complaint |
| Speeding vehicles on 11th Street | City of McMinnville Police Department 503-434-6500 | Code Violation | Per filed complaint with Police |
| Any noise, including parties and other disturbances affecting nearby residents, must end by 10 p.m. | Board of Directors | $150 | Per incident |
| Unapproved drones on common property or airspace | Board of Directors | $150 | Per incident |
| Unapproved vehicle repair, bodywork or painting in common area | Board of Directors | $150 | Per incident |
| Unapproved satellite dish installed on common walls | Board of Directors | $150 | Daily |
| Failure to clean up waste after pet(s) & dispose of in a trash receptacle | Board of Directors | $150 | Per incident |
| Failure to maintain Lot in good and clean condition, and no overgrown or neglected yards visible from the street | Board of Directors | $150 | Monthly |
| Flammable liquids/hazardous substances may not be stored anywhere visible from the street | Board of Directors | $150 | Per Incident |
| Other, unspecified violation of Declaration, Bylaws, Architectural Guidelines or any other rules and regulations | Board of Directors | $150 | TBD by BoD |
^ Please see: