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Frequently Asked Questions Forest Heights HOA Phone: Forest Heights Forms/Information Solicitors During the current onslaught of solicitors, FHHOA is cautioning residents that the FHHOA does not have the police powers to prohibit or remove solicitors. While we do not allow soliciting by policy, it is difficult to remove someone. The safety patrol service has limited authority to remove them, but patrols do not usually begin until 8 PM. Feel free to call them at 503-846-9607. You ask, “What can I do about them; they are aggressive and disruptive?” Probably the best way to get rid of them is to not answer the door and to remain silent. For sure, do not let them into your house. Call the Portland Police at 503-823-3333 and tell them someone is trying to break into your house. While it may be difficult to endure the pounding, this is a good way to keep them from coming back. If you can, get a phone number of the company who sponsors the solicitors and get it to the FHHOA. We will call the company and ask them not to solicit here.
These documents can be accessed on our website at http://www.fhhoa.com/web/docs/governing.asp The Association is further governed by parts of two sections of the Oregon Revised Statutes (ORS), ORS 94 (the Planned Community Act) and ORS 65 (the Non-Profit Corporation Act). These laws can be accessed at http://www.leg.state.or.us/ors/ors_info.html Why does my townhome or condominium have a separate homeowners association? Forest Heights Homeowners Association governs the common areas of Forest Heights. IT is called a Master Planned Community, since the overall development of Forest Heights contains single-family homes, townhomes, condominiums, apartments, and commercial buildings. Townhome and condominium developments within Forest Heights are subject to additional sets of CC&R’s that govern common areas within those developments, as well as responsibility for maintenance of such things as siding, roofing, and other items particular to that community. Owners in such communities pay two sets of assessments, one to Forest Heights for the overall common areas, and one to their particular association, for the particular maintenance responsibilities of their community. The apartments and commercial buildings also pay assessments to Forest Heights. What are CC&R's? The Declaration of Covenants, Conditions, and Restrictions (CC&R's) are the governing documents of the Forest Heights Homeowners Association. The Declaration was filed by the developer of Forest Heights when Forest Heights was begun. This document gives the association its power and authority and is recorded against each lot. When you purchased your Lot, you agreed to be bound by the CC&R’s and their provisions. It is the guideline that all operations of the community follow. Among other things, the CC&R's provide for architectural control of exterior changes to your home and lot, such as landscaping, fencing, storage areas, spas, painting, etc. It's extremely important that you read your CC&R's. In order to assure the continued quality of your community, the Architectural Review Committee will process requests for changes. The form for submitting a project for Architectural Review can be downloaded from our website. What are Bylaws? While the CC&R’s bestow the authority of the Homeowners Association, the Bylaws detail how that authority is to be administered. In this document are more specific guidelines regarding day-to-day operation and management of the Association, including the duties of the individual Board officers, the frequency of meetings and notification for them, how assessments must be calculated, when late fees take effect, etc. Why do I have to pay assessments? In order for your community to operate, it needs funding. Your CC&R's provide for the homeowners in the community to be members of the association and thus pay assessments in accordance with the budget. Your assessment represents your fair share of the expenses for the operation of the Association. They are an obligation that you agree to fulfill when you purchase a home in an association and as such, are not negotiable. Assessments are invoiced semi-annually. For owners of single-family homes with private streets or driveway access, the assessment includes an additional assessment for such maintenance. Prior to the beginning of a new fiscal year, we include the budget for the upcoming year so that you can see what your new assessment will be, if it will What does my private street assessment cover? Due to the unique layout of Forest Heights and the need for access to some difficult lots, FHHOA owns several streets and driveways. An annual assessment is applied to lots that use these streets and driveways for access to the homes on the lots. Currently this assessment is $72 and is assessed on the January statement. The funds collected go into a reserve fund that is used to repair and resurface the streets, repair and replace street lights and clean out storm drains. The funds are not used to plow snow, de-ice or apply gravel to the streets. Who sets the Budget for the Association? The Board of Directors establishes the operating budget and reserve requirements. The Budget Committee studies the expenses for the past years, anticipated increases in costs, reserve studies, as well as planned expenditures for the coming year, and makes a recommendation to the Board based on the best information available. What are violations? Violations are essentially non-compliance with the governing documents. They might include architectural violations like building a shed without approval, or painting your house electric blue with magenta trim. Or, they could be violations like parking vehicles such as an RV in unapproved places. Your documents will detail what you may or may not do with regard to each of these situations, as well as many others. And in the case of any changes to your home (like the paint example), you must have prior approval before beginning any work; otherwise, the association may require that you reverse the change at your own expense. What is ARC (Architectural Review Committee)? The ARC reviews and approves all external improvements on a property. ARC is required by the CC&R’s and approval of all external improvements by ARC is required by the CC&R’s. ARC has a detailed set of guidelines and construction regulations for applying for and approval of improvement projects. Is the ARC decision final? ARC has the sole authority to approve or disapprove projects on Forest Heights properties. Decisions of the ARC may be appealed to the Board of Directors. What is an ARC application? Part of the governing documents for your community include design guidelines called Architectural Guidelines and Construction Regulations. ARC approval pertains to such things as landscaping, retaining or decorative walls, decks, fences, sheds, spas, and other exterior changes on your Lot. To put it simply: anything that constitutes change outside of your home must have an approved plan. To do this, you are required to submit an ARC application to the Committee for review. You can download the form at http://www.fhhoa.com/web/files/arc/ARC%20Application%206.28.05.pdf Why must my plans be reviewed? The Committee reviews each set of plans for compliance with the community's design guidelines, which keep a sense of equity and a certain quality of visual livability about the community. This helps assure property values and a neighborhood standard, which each homeowner agrees to follow when purchasing a home within the community. When must my plans be reviewed? Prior to making plans for exterior changes to your home or lot, ARC must review and approve your changes. It is extremely important to submit your plan and receive approval before any work begins because if your changes are not compliant with the design guidelines, you may be required to make costly alterations or completely remove your changes at your own expense. How do I submit plans for review? The review process is very simple. Prior to beginning any project, fill out the ARC application form and attach a set of drawings of your intended plan. The drawings -- which you can do yourself, if you wish -- must include such things as the type of materials, colors, setbacks, and any valuable information you think would help create a clear understanding of your project. Submit your forms and drawings to our office, by mail or in person. ARC meets every week, on Thursdays at 9:30 AM, to review and approve plans. You will receive an answer within 15 working days of the meeting at which they review your plans, so allow plenty of time in your planning for this process and schedule accordingly. Why is there a fee for Architectural Review? The Board feels that it is important to have qualified consultants on the Architectural Review Committee (ARC), to maintain the high standards of Forest Heights. The fees cover the cost of having qualified professionals on the ARC. Our committee includes two architects and a landscape architect. Their expertise helps the committee to give honest, objective, professional feedback on projects submitted for approval. The fees are based in part on the complexity of projects submitted and the amount of involvement of the committee in rendering a decision. What is the role of the Board of Directors and how are they elected? The Board of Directors acts on behalf of the owners in Forest Heights as outlined in the CC&R’s and Bylaws. In the performance of their duties, the officers and members of the Board exercise a fiduciary duty to use the best business judgment in their decisions and actions. The Forest Heights Board consists of nine (9) people elected by the members (owners) of the Association. Three (3) members of the Board are elected each year at the Annual Meeting, and serve a three-year term of office. Can I attend Board of Directors meetings? Yes, as an owner you have a right to attend meetings of the Board. The Board provides time for a Residents Forum at each of its meetings, for owners to make comments or bring concerns to the Board. The Board conducts the business of the Association and develops policies at the Board meetings. Residents may observe this portion of the Board meetings, but may not participate in the deliberations. Is it important for me to attend the Annual Meeting? Yes. The Annual Meeting is one of the most important events held by your Association each year. While the main business of the Annual Meeting is the election of new Board Members, it is also an opportunity to receive information from the Board regarding board actions of the previous year and to learn of plans for the coming year. Annual Meetings require a quorum of members, in order for the meeting to be declared an a valid meeting where the election can be held. The quorum requirement for the Annual Meeting and other meetings of residents is 20%, which means that 20% of the property owners must be present or represented by a proxy. With approximately 1760 property owners, the quorum for Forest Heights meetings is 352. Without a quorum, the meeting cannot take place, which then requires additional work and costs to conduct the election of Board members, because the election must continue until three board members are elected. What if I cannot be present for the Annual Meeting? The Annual Meeting notice includes a proxy form, so that you can designate someone else to be present for you, or you may designate your proxy for the purpose of forming a quorum only. A properly executed Proxy allows you to be counted as present for the meeting and toward the formation of a quorum, when you are not able to attend. What is the meaning of the “Sewage Spill” signs we occasionally see at Mill Pond or on Miller Road? Whenever a sanitary sewer breaks or overflows in Forest Heights, the City of Portland comes out to repair the break or correct the overflow. Because the sewage eventually makes its way to a storm drain which empties into a creek which flows into Mill Pond, the City posts a warning for a few days so that people don’t come in contact with the water in the creek or pond. Why doesn't the FHHOA plow our streets in the winter? Most streets in In January, 2004, FHHOA attempted to plow city streets and FHHOA owned streets. Over $30,000 was spent during the first week of January with no satisfactory results. Icy streets prevented trucks from reaching the highest parts of |
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