4-Redact-Formal Complaint by dlas32

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									6/13/09- From Glen Wolf to the BOD, TMG & WCM
Saturday, June 13, 2009 12:30 PM

Re: Letter to the Willamette Landing HOA Board

Please find attached our formal complaint to the Willamette Landing HOA Board of
Directors.

Thank you,
Glenn Wolf

PDF attachment: Formal Complaint

June 13th, 2009

Attn Willamette Landing HOA Board
c/o The Management Group Inc.
15350 SW Sequoia Parkway, Suite 200
Portland, OR 97224

Dear Willamette Landing HOA Board:

Please accept this as a formal complaint regarding the selective enforcement of CC&Rs;
the improper use of official power by HOA Board Member and President, Katrina
Anderson; and recent public harassment by a fellow homeowner, XXXXXX, at the last
HOA Board meeting, June 11th, 2009.

First, it has been noted that certain homeowners, specifically XXXXXX of XXXXXX St.,
have been abusing the on-line complaint system to harass certain neighbors they do not
like. Other neighbors in the vicinity who have obvious and actual CC&R or rule violations
are not being targeted or having any enforcement actions taken on them. Some
examples of these would be nearby neighbors who have lanterns staked into their lawn
or landscaping area, cars parked on the street, garbage containers being left out too
long, satellite dishes attached on the front of the house, or basketball hoops within view
of the street when not in use. These neighbors state that they have received no Notice of
Violation letters from the Board. It appears that this selective enforcement is partly due
to XXXXXX’s personal relationship with Katrina Anderson, WLOA Board Member and
President, which has been reported by other neighbors, as well as her “Facebook” status
(see next page). For the record, we do not agree with the CC&Rs and rules against most
of the above items, and we certainly would never file formal complaints against our
neighbors for these items, since we have a greater respect and tolerance for our
neighbors. In the nine years that we have been homeowners, and in the many years
before that as renters, we have never had any problems with our neighbors, or had any
reason to file complaints against our neighbors, especially for items that could be easily
resolved with open discussion, or from basic respect and tolerance for one another’s
differences.

At the last HOA Board meeting, June 11th, 2009, the community was given a few
minutes for each person to speak to the Board directly about issues at hand. After I
inquired about and spoke regarding the status of landscaping practices, XXXXXX


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began an insulting and harassing tirade against me and my wife personally, in which she
implied that since we have only lived here “8 months,” we had less legal standing than
her or others who have been here longer, saying I was asking the Board to spend
additional money (which is not true), saying I was sending “inflammatory emails” (also
not true, and to which said emails she replied only positively, never asking to be
removed from future emails), saying I was giving out Katrina Anderson’s email address
(which is the only way I have to directly contact the HOA president in writing, and which
was given to me by Dominica Culver at The Management Group, and only do in lieu of
having any other generic email address for our HOA Board), saying we have “all kinds of
decorations on our house” (insulting and not appropriate for public discussion at an HOA
Board meeting), and saying we “planted trees without permission.” The HOA Board
should have recognized that this type of discussion and harassment was not appropriate
for the HOA Board meeting, but did nothing and said nothing, setting a bad precedent for
other homeowners or residents to publicly harass others at future meetings.

I would also like to focus on the last thing XXXXXX said, that we “planted trees without
permission.” As relatively new residents who are still unpacking our house, as parents of
a toddler and a new baby, as a very busy members of the community, and as a very
busy consultant with a full-time job, we did plant some carefully-chosen and
professionally recommended trees on our property near the end of the planting season,
with every intention of submitting official requests for these to be approved. Since the
Board is in a state of transition, we would have lost our opportunity to plant these trees
this year and have a good chance of them doing well long-term, had we waited until we
had a chance to draw up plans and a request, and wait for official approval. The real
issue, though, is that the status of our request, or whether we had a request or not, was
somehow communicated between XXXXXX and the Board, and most likely by her
personal friend, Katrina Anderson.

HOA Board President Katrina Anderson, in pursuing these personally-motivated actions,
is implementing a policy of selective enforcement, and has also failed to follow proper
protocol in communications between herself or the Board and us, including telephone
calls to our home number in attempts to discuss the matter “off-line,” which we will not
allow. These actions are documented in the attached letter to the Board, dated May 12th,
2009. It should also be noted that we moved in to the neighborhood in September, 2008,
and we placed some decorative statues outside our home at that time; yet we did not get
any notice about them until April 27th, 2009, after the Administrative Turnover Meeting
and election of Katrina Anderson as HOA President on April 15th, 2009. And to reiterate
our original point, the CC&Rs do not state anything about nonpermanent works of art or
birdfeeders (which in nearly all respects are the same as hanging planters).

We understand that all Board members are volunteering their time for the betterment of
the community, but they must understand that by taking these community positions, that
they should hold themselves to the highest level of ethical standards. Communicating
private information about ARC or landscaping requests to other homeowners, or
conducting operations of selective CC&R enforcement, based on personal relationships
with these homeowners, is not appropriate, is ethically wrong, and should not be
tolerated.

Since maintaining home values is one of the primary objectives of the HOA and
homeowners in the community, upholding and improving the reputation of the Willamette
Landing Owners Association Board of Directors should be of great concern. If the HOA


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       Board has a poor reputation, or the community has a negative perception of the
       association, that word gets out that new homeowners are being publicly harassed at
       HOA meetings, that selective enforcement of CC&Rs is occurring based on personal
       relationships with HOA Board members, then prospective home buyers who learn
       of this will be more reluctant to buy homes in our community, and home prices will drop
       as a result. This is something I’m sure no one in the community wants to see happen. I
       hope the HOA Board will take steps to address these issues before this becomes a
       reality. We have personally witnessed this happen in a previous neighborhood we lived
       in, where HOA Board members were behaving unethically. The reputation became such
       that it became a big reason people would not buy homes in that neighborhood.

       In closing, we expect to be treated with respect and fairness. We expect that proper
       protocol will be followed by HOA Board members. We expect an apology from our
       neighbors for publicly harassing us at the recent HOA Board meeting. We expect an
       apology from HOA Board president Katrina Anderson for her actions. We expect an
       atmosphere of tolerance, including allowing people to decorate their homes in
       accordance with a reasonable interpretation of CC&Rs. We are going to be living in this
       community for a long time, and we will always have an active participation in relevant
       committees and Board meetings, for the betterment of the community as a whole.
       Homeowners or residents who have owned or lived in their home for one day have the
       same legal standing as those who have done so for ten years, and deserve the same
       amount of respect and standing.

       Thank you for your time and consideration to these matters.

       Sincerely,

       Glenn and Laura Wolf
       XXXXXX Dr.
       PO Box XXXXXX
       Corvallis, OR 97339-2559
       541-XXX-XXXX


(Attached for reference)
May 12th, 2009
Attn Willamette Landing HOA Board
c/o The Management Group Inc.
15350 SW Sequoia Parkway, Suite 200
Portland, OR 97224

Dear Willamette Landing HOA Board:

We received today, 5/12/2009, in our PO Box, a notice dated 5/7/2009 regarding a hearing
on 5/14/2009 at 6:45pm (only two days notice). We request that issues regarding CC&R
Article 6.3 be resolved in writing, as per proper protocol. Additionally, we request a
minimum of 90 days notice to provide us ample time for preparation.

For your reference, the only notice we received was dated 4/27/2009, which says:




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“It was recently reported you have many statues in the front of your home. Attached please find
an Application to Modify form; please submit the attached form within 14 days for Board
approval. Please refer to Articles 6.3 and 7.1 in your CC&Rs. For an electronic copy please log
on to your community website at www.tmgassociation.com. Thank you!”

Please note there is no reference to bird feeders or landscaping issues, as indicated in the letter
received on 5/12/2009 (dated 5/7/2009). Please forward any additional notices that you have
sent but we did not receive.

Please note that in our neighborhood, there are many homes with nonpermanent items
displayed outside the front and sides of peoples’ homes, such as bird feeders, flags, ground
ornaments, satellite dishes (in the front of the home, against CC&Rs), benches, swings, rock
arrangements, planters, etc., which in the opinion of some could all be considered against
the aesthetics of the community – a subjective determination. However, if you keep the peace
and happiness of the homeowners and residents, I would suggest that you allow personalization
of peoples’ residences, and not begin to nitpick so that all houses have to look exactly the same.
According to your letter dated 4/27/2009, “Willamette Landing Owners Association is committed
to ensuring that all homeowners reside in an enjoyable, aesthetically pleasing, and properly
maintained neighborhood.” An important aspect of enjoying the community is being able to
personalize your own residence.

We would like to also note that the bird feeders are nonpermanent and seasonal, and will be
removed every year in September or October. We would be happy to move our statues in the
front of our home onto the porch or on our driveway where the landscapers will not interfere with
them. However, we will not remove them from our house, and because they are religious nature,
including the Native American statue, which represents our family’s heritage.

Please let us know which forms to submit, including a complete list of items requiring
approval, or schedule a hearing with proper notice so that we can attend and make
proper preparations, including consulting an attorney, if necessary.

Sincerely
Glenn and Laura Wolf
XXXXXX Dr.
PO Box XXXXXX
Corvallis, OR 97339-2559
541-XXX-XXXX




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