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Vial Fotheringham Lawyers | |
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Alliance Association Financial Services
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Willamette Landscape Services
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2013 Member Service Directory Completed
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NEW EVENT:
2014 CA Day
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Educational conference and trade show for the benefit of Oregon community associations and their industry professionals. Will be held in Fall 2014 in the Portland area.
Keep Posted: More info and a Save-the-Date coming soon!
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CAI Updates!
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CAI now offers a blog, where we post important updates, photos from events, and other fun items! Please visit: CAI Oregon Blog
CAI also now has a Facebook page at CAI Oregon Facebook, as well as a YouTube channel, where we will post event clips for those that are interested in learning what are events are about: CAI Oregon YouTube
Special Note: The CAI Oregon Sponsorship packet is now available at CAI 2013 Sponsorship Packet
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Exciting News from CAI Oregon!
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Check out new features on the CAI Oregon website, at www.caioregon.org. You can read the current newsletter, and explore the new "Resource Center" in order to view informational articles from past newsletters, slides from luncheon presentations, and other helpful handouts! We are excited to offer this new resource to help benefit our local associations from the comfort of their home!
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Portland Luncheon
August 9th- FHA
Portland Lunch
September 13th-
HOA Financials
Annual CORC Golf Tournament
September 20th- Caldera Golf Course- Sunriver
Portland Lunch
October 11th- Understanding HOA Insurance
Please register online for these events at
www.caioregon.org
Click on "events" on the Main page.
Please visit the CAI Calendar for up-to-date information regarding upcoming events in Portland and Bend, Oregon.
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May Luncheon Recap: The Lowdown on Low Cost Advances in Landscaping for Your Association -or- What Can I Do? And How Much Will it Cost?
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Here are several low-to-no-cost changes your community can make now to improve the health of your grounds, as well as create a quieter, cleaner and happier community!
Water:
The most accessible win-win in advancing sustainability is through water conservation. An investment in Smart Controllers (weather-based watering) and new, more efficient sprinklers can cut water consumption in half. The Return-on-Investment is often just one to three years, so that actual savings soon result from reduced water bills.
Electric Power:
Commercial viability of quiet, zero emissions, battery-powered landscape equipment is becoming a reality! Find out what options are available for your association.
Organic Weed Control:
There are new, organic or natural products for controlling unwanted plants coming to market. We are working with one that is a "fatty acid" for non-selective weed control (beds & pavement), and another for lawn weeds that is iron based. While these materials are not as effective as the more traditional herbicides, you should be able to expect only a modest budget increase for this service.
Mulching Lawn Clippings:
Leaving mowed clippings in place on the lawn is beneficial to the health of the turf. The clippings provide a regular infusion of nutrient-rich organic matter to the lawn. This organic matter feeds the beneficial organisms of a healthy biotic system. Although we can only accomplish this when the grass is relatively dry, it should be a part of your program, and it costs nothing to implement.
Ornamental Insect Pest Control:
Our preferred position when it comes to landscape pests is simply to ignore them. Don't spray insecticides to control pests that will rarely become a serious problem. With global populations of honey bees declining, it is important to avoid collateral damage from chemical treatments.
In fact, when pests do become objectionable, it is usually because the site is not suited for the plant species in question. Where pests are a problem, consider an alternative approach that includes re-design with better-adapted species and save those treatment dollars.
Gardens for Beneficial Insects and Pollinators: Butterflies, Humming Birds, Honey Bees, Lady Bugs and Praying Mantis! Let beneficial insects take care of many common garden pests, naturally, while allowing pollinators to harvest pollen. There are many native and adapted plants that will attract, harbor, and provide the necessary food for all types of beneficial insects and pollinators. Add a few new plants each year to build a better future on a small budget!
Article Prepared by Dan Herzing, CLP, CLT, CLIA, Oregon Tilth Accredited Organic Land Care Manager at Willamette Landscape Services, Inc.
DHerzing@willamettelandscape.com
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Common Pitfalls in an HOA, and How to Avoid Them
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I am constantly amazed by the ingenuity of the solutions HOA boards come up with to the difficult situations they face. Faced with tight budgets, demanding residents, and difficult personalities, the obvious answers often don't work. Sometimes, though, we get so focused on a particular problem that we lose sight of the big picture - and the simple solutions. Here are three pitfalls that commonly affect HOA boards. Keep them in mind, and your job just might get a little easier.
Use Rules of Order for Your Meetings.
Using rules of order for your meetings isn't just a statutory requirement; it's your best option for dealing with difficult personalities at meetings. If you haven't adopted a different system, Robert's Rules of Order is the default and is by far the most common. Sure, it can feel overly formal and awkward at first, but once everyone is used to the system, you'll notice that your meetings are not only running more smoothly, but also participants are treating each other with more respect. Something about being forced to behave civilly seems to make people start doing it voluntarily. Having rules also lets people know how things are going to go, and discourages them from trying to hijack a meeting. It all adds up to the board being able to conduct its business as efficiently as possible, so get a copy of Robert's Rules for Dummies and get your meetings back on track.
Don't be a Pushover.
It is tempting to follow the path of least resistance and acquiesce to any given homeowner's demands/violations/failure to pay assessments/etc. Do that enough times, though, and it will turn into the rule rather than the exception. Running your association will become a bigger and bigger chore as more people ask for more exceptions, more people simply ignore the rules, and suddenly you find your job as a board member impossible to do. The best way to avoid this snowball is to enforce your governing documents consistently and uniformly. You will find that it is easier-and more effective-to be firm and fair rather than to debate every situation that arises. In fact, you will probably also find that the majority of owners-the ones that quietly abide by the rules-will start speaking up to thank you for keeping the others in line.
Use All Available Resources
HOA boards have to deal with a surprisingly wide variety of situations. For a group of volunteers, it can be difficult to know how to respond. What do you do if the city shows up and says they need to condemn part of your community to make way for a public works project? What if you have a resident who acts violently to other residents? What if one home in your community is dilapidated and the owner has a problem with hoarding? Turning to experts for guidance is always a good start. Yes, lawyers cost money, but sometimes you really need to have a legal opinion drafted or legal action taken. If you have a professional manager, use their expertise as well; community managers have a wealth of talents and resources that come in handy. You can also call your county or city, or search Google for nonprofits, as many public bodies and nonprofits will help if you have a resident with mental health issues, and their services don't cost more than you paying your taxes. Lastly, sometimes the resource you need is just to call the police-if necessary-as your HOA board didn't volunteer to act as law enforcement officers.
Article Prepared by Michael Montag, of Vial Fotheringham LLP
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The following articles were prepared by CAI National for community associations to consider including in their own newsletters to owners when the association is currently dealing with the covered topic. If your association is a CAI member, you can find more examples of short, topical articles that CAI national gives you permission to reprint here: http://www.caionline.org/members/Pages/CAICopyService.aspx |
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FEMA Assistance Available in HOAs
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When we are affected by weather-related damage, it's reassuring to know that private communities such as ours can rely on the Federal Emergency Management Agency (FEMA) in certain circumstances.
While we must continue to be proactive and adhere to our community's disaster recovery plan, as well as maintain a contingency fund, we can look to FEMA to help with the following if needed:
� While our state or local government removes the debris or hires contractors to have it done, FEMA may cover costs to remove fallen trees, large branches, silt, sand, mud and building materials from private roadways to create an emergency access and egress in the community. Even debris that homeowners have moved to the curb from their private property is eligible for pick-up in many cases.
� By meeting certain criteria, our community also can claim some of the costs to repair educational, medical, custodial, emergency or other specified utility facilities.
� Since FEMA's purpose is to "eliminate (any) immediate threat to lives, public health and safety," severely damaged buildings may also be eligible for removal.
Individual homeowners are still responsible for the costs of cleaning up their yards and repairing their own homes and other private property. But according to FEMA's Public Assistance Policy Digest, property owners can move disaster-related debris to a public right-of-way, and the local government may be reimbursed for curbside pickup and disposal for a limited period of time. The digest also states that when debris or damage on private business and residential property "is so widespread that public health, safety or the economic recovery of the community is threatened," with some advance notice, FEMA may fund debris removal from private property.
For details, visitwww.fema.gov/pdf/government/grant/pa/pdigest08.pdf.
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Understanding Special Assessments
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There's no way to sugar-coat it: everyone hates special assessments. Getting a notice that you owe more money to the association can not only put a damper on your day but also a dent in your wallet, both of which the board is sympathetic to. In a perfect world, there would never be a need for special assessments-or any other type of assessments for that matter-but sadly, they're sometimes a necessary evil.
Often times, special assessments are levied when the association needs to make essential repairs, improvements or additions to the common elements, but lacks extra reserve funds to cover the costs. While the board puts in its best effort to keep a healthy reserve fund and to budget in advance for these types of projects, occasionally unforeseen expenses occur. When this happens, we have to call upon our residents to pitch in financially so that our association can remain solvent. Unfortunately special assessments aren't optional fees, and residents are responsible for paying special assessments in the same way they're responsible for general association assessments. Just remember, though, that these fees are funding projects that will benefit all residents, and your special assessment fees are your contribution toward that.
Of course, the board doesn't take levying special assessments lightly. Not only do we understand that special assessments can be a hardship for you, but-since we would also be responsible for paying our share of any new special assessment-they're an extra financial burden on resident board members as well. Because of this, we try and make levying special assessments a last resort, and, if passed, offer payment plans when possible. There are also regulations set forth in our bylaws that we must follow before levying a special assessment, and in some instances we require residents to vote on the proposed project before we can adopt the special assessment for it. Make sure your opinions on these matters are heard by attending open board meetings and voting on these critical projects.
While none of this changes the fact that having to pay special assessments fees is about as fun as a root canal, just remember that it's all part of the greater good for the association. They're investments to your home and your community, and can help keep our association a wonderful place to live for years to come.
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CAI-OREGON 2013 BOARD OF DIRECTORS
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President - J. Patrick Moore CMCA, King City Civic Association,
j.pat.kcca@comcast.net, 503.639.6565
President Elect - Jason L. Grosz, Vial Fotheringham, jlg@vf-law.com, 503.684.4111
Treasurer - Jed Spera, Community Management Inc. jeds@COMMUNITYMGT.com, 503.445.1116
Secretary - Kathleen Profitt, Barker Martin P.S.
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CENTRAL OREGON REGIONAL COUNCIL 2013 Board of Directors | | |
CORC President Elect - Teresa Payne, Fieldstone Management
541.390.7225
CORC Director- Greg Coxey, Vial Fotheringham, gbc@vf-law.com, 503.542.0388
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CHAPTER COMMITTEE CONTACTS
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Education Chair- Angie Bagby, Barker Martin AngieBagby@barkermartin.comMarketing Chairs- Camron Hamilton and Amanda Bielenberg, Vial Fotheringham
Events Chair - Ashley Yorra, Vial Fotheringham
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Community Associations Institute is a non-profit educational and resource organization formed in 1973 to guide homeowner associations and their shared facilities in condominiums, planned unit developments and open space communities.
or call 503-531-9668.
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