11/13/24
This searchable CC&Rs file was created so that you can perform text searches on the text embedded in it.
This text is basically the same as the text that is in the actual CC&Rs, but once you have found the text that you are looking for, it can be viewed in much better quality in the original CC&Rs.
Searchable versions of other large PDF documents can be added if there is a demand for them.
The "Second Amendment to the Bylaws" is misnamed as there is no "First Amendment to the Bylaws".
CC&R's Article VI 6.3. Conflicts. If there are conflicts between the provisions of Oregon law, the Articles of Incorporation, the Declaration, and these Bylaws, the provisions of Oregon law, the Declaration, the Articles of incorporation, and the Bylaws (in that order) shall prevail.
Homeowners displayed their lack of knowledge ofAssociation affairs at the meetings with Crystal Lake Management Services ("CLCM") between 2015 and 2020. Clearly, most homeowners had never read the Association's Governing Documents, probably because they don't have the time.
However, this lack of knowledge did not deter owners from expressing their views; and homeowners' ignorance of the rules might explain why, since 2015, the rules and laws in the CC&Rs, and other Governing Documents, CLCM often enforced rules in a discriminatory, arbitrary and capricious manner, where some owners got away with violations, while others received violation letters for identical, or more trivial infractions!
Any property owner who now receives a violation letter for an alleged infraction should take the trouble to go around all the properties in Bella Vista Heights to see for themselves if any other owners are in violation of any rules, and then ask the author of the violation letter if similar letters have been issued to these other owners, and if not, why not!
ORS Chapter 65:
The Oregon laws in ORS Chapter 65 govern a non-profit mutual benefit with members corporation.
ORS Chapter 94:
The Oregon laws in ORS Chapter 94 govern BVH. Even the CC&Rs concede that Ch 94 is the controlling legal document. But ORS Ch 94 is a long document and it is probably difficult for the average person to absorb. However it is a searchable document, and answers to questions about subjects like, for example, Reserve Accounts, Transitional Advisory Committee, the Owners' Rights to Examine Documents, Turnover, etc. can be obtained using the search feature. However, because the Homeowners Association (HOA) is a nonprofit mutial benefit corporation under ORS Chapter 65, the Ch 65 laws also apply to the HOA: https://www.oregonlegislature.gov/bills_laws/ors/ors065.html
Planned Unit Development ("PUD")
A PUD is a land use action authorized under ORS 197: https://www.oregonlegislature.gov/bills_laws/ors/ors197.html
Chapter 10 of the Medford Municipal Code is the local land use regulation and describes PUD’s (MLDC 10.190 – 10.198).
Medford PUD’s are a two-step process. The Preliminary PUD Plan expired after three years and the Planning Commission approved the Final PUD Plan. Once a Final PUD Plan is approved, the Preliminary PUD Plan cannot expire. Land use decisions are binding (MLDC 10.190[8]). https://medford.municipal.codes/Code/10_ArtII
The BVH PUD document is File PUD-05-25 dated 2005.
Agricultural Buffer Agreement: The version of the "Ag Buffer Agreement" that was embedded in the BVH PUD-05-25 document had page 7 missing, as well as several missing attachments and exhibits. It was difficult to get an explanation for this gross act of omission., and this was just one in a history of fibs and dissimulation from the HOA's managers.
Fortunately, in 2018, the Medford Planning Department published the complete version of the agreement in their ftp website:
1) Use the URL: ftp://ftp.cityofmedford.org/
2) Use the Log In: ftpuser and Password: Medford
The M is capital
3) Look for the document called “Bella Vista Approval”