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As published in yesterday’s (3/22/22), story, RED FLAG WARNING, we reported on Ranch President Bill Burt’s not sorry but sorrowful speech as to why his and Judy’s rodeo arena project for the lower pasture area was killed.
Briefly, we reported on Burt’s prepared remarks that included homeowner opposition, blame shifting, Jefferson County Code requirements, costs, legal entanglements along with his request to send the rodeo promoter a “Letter of Support”, which, after some lively discussion, was approved.
(See story for full details)
During Public Input, Ranch resident and Association employee, Karen Atwood, who is paid to attend Board Meeting and take minutes, commented.
Ms. Atwood started off saying: “Ive been in these meetings for years now. There is just some things I wanted to kinda bring up.”
Atwood went on to say: “This last thing about the rodeo, everybody on the Ranch, not everybody, I shouldn’t say that, but a lot of people are saying that it should have been put to a vote, to the residents-the homeowners.”
“SHOULD HAVE BEEN PUT TO A VOTE”?
According to Oregon Revised Statute (ORS) 94.665, there is a voting requirement linked to common property and how it’s legally dealt with. ORS 94.665 (1) states: “Except as otherwise provided in the declaration, a homeowners association may sell, transfer, convey or subject to a security interest any portion of the common property if 80 PERCENT or more of the votes in the homeowners association, including 80 PERCENT of the votes of lots not owned by a declarant at the time of the vote, are cast in favor of the action.”
We’re not lawyers and recognize statutes can be interrupted-circumvented, by creative lawyers for the right price.
Atwood’s remarks shifted to the voting/ballot process and costs involved. She explained in great detail the steps involved in assembling the ballots and getting them mailed out to the homeowners. She said “there’s quite a bit of expense” involved and the process is volunteer driven and she’s one of them. She added: “…I have yet to see very many, of anybody down there helping with that process, so I just kinda of want to bring it up, that if your going to make that suggestion, I would suggest that you be part of that and come down and help us…”
Ms. Atwood threw in the cost to have an accounting firm to tally the votes. She stated: “God knows we can’t count them, without anybody having their arms up about it.”
Atwood’s closing remarks: “I just kinda of want to make sure that everybody is aware that if you’re going to make a suggestion like that you better take into account everything that goes into it, because you don’t want your DUES RAISED (threat?), you were just talking about that just now. That is something that’s going to cost probably at least $5,000 thousand dollars…”
Burt responded to Atwood’s speech and stated: “I just realized, that if it costs $5,000 thousand dollars, that’s a $20.00 dollars a year dues raise-keep those numbers in mind…”
Burt knew over a year ago that he and Lapora wanted this rodeo and could have, if necessary used the Annual Election cycle to include a ballot measure of this nature and save the Association and homeowners $5,000 thousand dollars.
Director Julia Randall reminded Burt that the “common area is owned by the membership it’s not like we have a choice.”
Director Ara Erdekian weighed in and stated: “I never expected a vote, but as someone that deals with local Chamber of Commerce’s on a regular basis. The standard procedure is to have 4 or 5 ideas that you would want to execute over the next 3 or 4 years and how they properly and appropriately affect all those people around them. And, that was not the case here. I had my first meeting on February 3rd, this was presented as a stand-alone, no questions, this is what we were doing…”
Director Erdekian added: “I do think some public input, some community input has to be taken into account. I’m not asking for a vote, I’m not asking to spend $5,000 thousand dollars…”
“I don’t like it that we purchased panels and we don’t have a small permit for what we’re doing. I can’t believe, you know it’s OK where we’re at…”
Erdekian ended his remarks stating: “Karen, I’m not trying to put more work on you….”
Director Monty Riddle responded to Erdekian’s comments and stated: “I agree with Ara for the most part, you know, we’re moving forward on something that was just an idea, without a lot of input, even from the Board Members, so I agree with what Ara said.”
