Document Procedures Resolution
A PDF of this policy can be found here.
Click here for a document request form.
The Board of Directors of the Homes Association of Cedar Hills (the Association), pursuant to the authority granted it by the provisions of its Bylaws, adopts the following resolution:
WHEREAS: ORS 94.670(12) provides that the board of directors, by resolution, may adopt reasonable rules governing the frequency, time, location, notice and manner of examination and duplication of association records and the imposition of a reasonable fee for furnishing copies of any documents, information or records;
WHEREAS: The Association’s Board of Directors has previously approved a policy pertaining to such document procedures; andWHEREAS: The Board now desires to set forth and clarify the provisions of those policies in the resolution set forth below.
IT IS THEREFORE RESOLVED:
A request to the Association for a copy of any document(s) of the Association must be made in writing delivered to the Association by mail, fax, email, or hand-delivery to:
Homes Association of Cedar Hills
9900 SW Wilshire Street, Suite 109
Portland, OR 97225
Telephone: (503) 292-1259 Fax: (503) 292-1149
Email: office@cedarhillshoa.org
After receipt from any member of the Association or an eligible mortgagee of a written request for any of the final form of approved minutes of any meetings of the Board in regular session during the twelve month period preceding such request or of the last published financial statements of the Association, the Association shall provide an electronic copy thereof via email at no charge. If paper copies of any such minutes or financial statements are requested, the Association shall provide such copies for a charge of $0.25 per page.
After receipt from any member of the Association or an eligible mortgagee of a written request for any of the documents described on Exhibit A hereto, the Association shall provide the requested documents in accordance with the terms specified on Exhibit A at no charge for the first request by such member or eligible mortgagee during any calendar year and for a charge of $10.00 for any subsequent request by the same member or eligible mortgagee during the same calendar year.
After receipt from any title company for information regarding a lot within theAssociation in connection with the closing of a pending transaction regarding such lot, the Association shall provide such information as is ordinarily requested in such transactions for no charge for the first such request regarding a pending transaction and for a charge for any subsequent request regarding the same pending transaction for the Association’s staff time required to respond to such subsequent request at the rate of $23.00 per hour and with a minimum charge of $11.50.
After receipt from any member of the Association or an eligible mortgagee of a fully completed form of written request, made on the form attached hereto as FORM FOR REQUEST TO VIEW OR FOR COPIES OF ASSOCIATION DOCUMENTS, to view, or obtain copies of, any other documents the Association is required by law to provide to its members and eligible mortgagees, the Association will allow such member or eligible mortgagee to view, or will provide a copy of, such requested document(s) for the following charges:
a fee of $1.00 for the approved minutes of any meeting of the Board in regular session which meeting precedes such request by more than twelve months;
a fee for the cost of staff time to find and copy any records at the rate of $23.00 per hour with a minimum fee of $11.50 per request;
a fee of $1.50 per disk for copies requested to be delivered on compact disk (the Association will not accept transfers to any device not provided by the Association to avoid the risk of viruses);
a fee of $0.25 per page for photocopies;
a fee of $0.50 per page for delivery of copies by fax;
actual costs for postage; and
the costs of any attorneys fees incurred by the Association in connection with the request in the amount billed to the Association therefore, provided the request is made in good faith and for a proper purpose.
The Association requires payment of the fees and charges described above in advance of the member’s or eligible mortgagee’s view or receipt of copies of requested documents.
January 8, 2019
EXHIBIT A
The Association shall provide, within 10 business days of receipt of a written request from an owner, a written statement that provides:
(A) The amount of assessments due from the owner and unpaid at the time the request was received, including:
(I) Regular and special assessments;
(ii) Fines and other charges;
(iii) Accrued interest; and
(iv) Late payment charges.
(B) The percentage rate at which interest accrues on assessments that are not paid when due.
(C) The percentage rate used to calculate the charges for late payment or the amount of a fixed charge for late payment.
The Association is not required to comply with the foregoing if the Association has commenced litigation by filing a complaint against the owner and the litigation is pending when the statement would otherwise be due.