Homeowners, tenants and interested parties can obtain a copy of the current edition of the Quail Park Association By-Laws, Conditions, Restrictions and Covenants (CC&R’s) by contacting any Quail Park Association board member. Copies can be sent by mail, fax, or e-mail. Printed copies are available upon request.
NOTE: The following content includes many, but not all, QPA CC&R documents. This may contain some historical content in relation to amounts for dues, fees, assessments and penalties that may have changed over the years. For a complete and accurate copy, as well as an accurate current schedule of these items and amounts, be sure to contact a Quail Park Association board member.
QUAIL PARK HOMEOWNERS ASSOCIATION
Welcome to Quail Park!
With this letter your neighbors and the Quail Park Homeowners Association Board would like to welcome to you to our communicty. It will outline some of the most important facts about Quail Park, its history, organization and regulations.
Quail Park is a PUD or Planned Unit Development, originally named Hidden Hills. It consists of 94 home sites nested in a natural, wooded environment. Development began in 1973 and was initiated in three phases. The first developer built the houses from Lancaster Road to the first trail.TDC (Tualatin Development Company) bought the development, renamed it Quail's Nest and then Quail Park, and built the majority of the homes. When TDC dissolved, a third developer completed Quail Park in 1977.
Each homeowner is a member of the Quail Park Homeowners Association and is responsible for individual home and yard maintenance. If you have a question as to the borders of your property and common areas, please call the Architectural Committee. Quail Post Road is a private road and the common areas and trails are maintained by a hired gardener. Park residents pay monthly dues and assessment charges as outlined in the following paragraphs. The dues cover water and sewer, street lights, streets and trails, maintenance of the common areas and general Quail Park expenses. Any assessment charges are approved at the Annual Meeting to cover specific costs on major project. An example is the repair of the entire water system which was completed during the winter of 1992-93.
Dues and Assessments
Quail Park residents currently pay dues of $200.00 per month, payable on the first of each month. Dues not paid in full by the 10th of the month will be subject to an accumulative $10-$25.00 per month late fee until total amount satisfied. Dues and assessment charges can be deposited in the padlocked QPA mailbox located in the fourth set of boxes from Huber next to the box near #9905. Payments may also be mailed to Quail Park Association, P.O. Box 19441, Portland, OR, 97280-0441. Checks should be made payable to "Quail Park Association" and indicate on the check the time period the payment is intended to cover.
Board of Directors
The homeowners are governed by a Board of Directors consisting of five member elected to two year terms each year at the Quail Park Homeowners' Association Annual Meeting. The two year terms are staggered so that three board members are elected in one year and two the following year. The meeting is held on the second Tuesday in November and all homeowners are encouraged to attend. The Board meets once a month and residents are always welcome. However, voting is limited to the Board members. The Vice President also presides over a five member Architectural Committee made up of volunteer homeowners who rule on applications for changes to the exterior of homes and yards as well as helping with deisions concerning the general appearance of Quail Park.
The Conditions, Restrictions, Covenants and Regulations is the legal document outlining the regulations that govern Quail Park. A copy of this document is included with your closing documents. They are also available from members of the Board by request. The regulations are based on a "common courtesy" a premise that has helped to make Quail Park a consistently great place to live. You chose Quail Park for its ambiance and the Architectural guide is meant to preserve this environment. Newsletter The Quail Park Newsletter is published by your Board on a monthly basis and helps to keep homeowners up to date on newsworthy topics, dates of interest, etc. Homeowner input is always welcome. You can help reduce costs by letting the editor know your e-mail address and receive it electronically. This is faster and you can print it in color!
BYLAWS OF QUAIL PARK ASSOCIATION
An Oregon Nonprofit corporation Adopted Effective October 6, 1992
1.0 DEFINITIONS. As used herein, the following terms are defined to have the following meanings:
1.1 The term "Declarant" shall mean and refer to Tualatin Development Co., Inc., an Oregon corporation, and its successors in interest as developer of Quail Park.
1.2 The term "Quail Park" shall mean and refer to real property in Quail Park, a subdivision, the plat of which isrecorded in the office of the County Clerk for Multnomah County,Oregon, and all other lots or parcels of real property, whether ornot platted, contiguous to Quail Park, and to which the Conditions,Restrictions, Covenants and Regulations applicable to Quail Parkshall be made applicable by declaration or deed reference of theowner or owners or dedicator of any such plat, or of any such other lot or parcel.
1.3 The term "Association" shall mean and refer to Quail Park Association.
1.4 The term "Board" shall mean and refer to the Board of Directors of the Association.2.0 until changed by amendment of the Articles of Incorporation of this Association and these Bylaws, membership in this Association shall be:
2.1 Proprietary Members. Each owner of a residential unit in Quail Park shall be a Proprietary member of the Association,subject to the Bylaws; provided, that the purchaser(s) of a residential unit under a duly recorded contract shall be deemed the"owner" of such residential unit for these purposes. Each Proprietary Member shall be entitled to one (1) vote per residential unit owned by such member provided, that if two (2) or more Proprietary Members shall own any residential unit by any form of co-tenancy, such ownership is entitled to one vote, and the co-MEMBERSHIP owners shall designate in writing filed with the secretary of the Association the one of their number who shall exercise the voting right for such residential unit. The rights and privileges of a Proprietary Membership shall terminate when the holder of any such Proprietary Membership shall cease to qualify as an owner, and his certificate of membership shall thereupon be void.
2.2 Associate Members. Each lessee, renter or other occupant of a residential unit in Quail Park not eligible for Proprietary Membership, but who satisfies the conditions of these Bylaws and of the Conditions, Restrictions, Covenants and Regulations applicable to Quail Park respecting residency in Quail Park, shall be an Associate Member, which status shall continue in effect during such period as the Associate Member shall be an authorized nonproprietary tenant of a residential unit in Quail Park. Associate Membership shall carryall of the rights and privileges of Proprietary Membership, except the right to vote and shall be subject to all obligations and responsibilities of Proprietary Membership, including but not limited to, those imposed herein, by rule or regulation of the Board and by the Conditions, Restrictions, Covenants and Regulations pertaining to Quail Park. At any time an Associate Member shall cease to be a resident of Quail Park, or shall become a Proprietary Member, his rights and privileges as an Associate Member shall thereupon terminate.
3.1 Annual Meetings. An annual meeting of the members shall be held in November of each year. All meetings of members shall be held at such place within the County of Multnomah, state of Oregon,
as shall be stated in the notice of such regular meeting.
3.2 Special Meetings. Special meetings of the members may be called by the president or the Board.
3.3 Notices. Written or printed notice, stating the place, day and hour of the annual and any special meetings, and the purpose or purposes for which the meeting is called, shall be delivered not less than five (5) nor more than fifty (50) days before the date of the meeting of the members either personally or
by mail, or at the direction of the president, or the secretary, or the officers or persons calling the meeting, to each member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United states mail, with postage fully prepaid thereon, addressed to the member at his
most recent address as it appears on the records of the Association.
3.4 Quorum in voting. The vote of a majority of the members or voting units present or represented by proxy at a meeting at which a quorum is present shall be necessary for the adoption of any matter voted upon by the members. Those members present at any annual or special meeting of members constitute a quorum at the
4.1 Number, Election, and Tenure. The property and affairs of the Association shall be managed and controlled by a Board of Directors, the membership of which shall consist of two (2) persons who shall have been duly elected from among the members of the Association, and three (3) persons who shall be designated by the Declarant to serve as directors of this Association; provided, that at such time as Declarant, and its successors in interest as developers, shall own no real property in Quail Park, the authority of Declarant to designate members of the Board shall cease. The members of the Board to be elected by the membership shall be elected at the annual meeting of members. At the first annual meeting of the Association, two (2) directors shall be elected by the members of the Association, one for a two (2) year term and one for a one (1) year term.
At the annual meeting next following the time when the Declarant is no longer authorized to appoint directors, the three (3) directorships then to be filled by vote of the members shall be filled as follows: the membership shall elect two (2) such directors for a one (1) year term and one (1) such director for a two (2) year term. At each subsequent annual meeting, each of such three (3) directors shall be elected for a two (2) year term. Directors shall serve during their respective terms and until their respective successors have been elected and
qualified. Any vacancy in the Board of Directors shall be filled by appointment of the remaining directors. During the existence of any vacancy, the remaining directors shall possess and may exercise
all powers vested in the Board.
4.2 Regular Meetings of Directors. A regular meeting of the Board shall be held following the annual meeting of the membership. Other regular meetings of the Board may be held without notice at such times and places as the Board by resolution may determine.
4.3 Special Meetings of Directors. Special meetings of the Board may be called from time to time by the president or by any two (2) directors.
4.4 Notices. The secretary shall give written notice of such special meeting of the Board by mailing such notice by United States mail to the respective directors at their last known post office address, at least five (5) days prior to the date of such meeting. No notice of any regular meeting need to be given. Directors may waive notice of meetings of the Board, and a waiver thereof signed by the director entitled to notice, whether before or after the time stated therein, shall be deemed equivalent thereto. Attendance of a director at a meeting shall constitute a
waiver of notice of such meeting, except in the event the director attends the meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.
4.5 Quorum in Voting. A majority of the members of the Board shall constitute a quorum for the transaction of all business, but if at any meeting of the Board there shall be less than a quorum present a majority of those present may adjourn the meeting from time to time. When a quorum exists, action may be taken by the majority vote of the directors present.
5.0 OFFICERS AND AGENTS.
5.1 Executive Officers. The officers of the Association shall consist of a president, one or more vice presidents as the Board may from time to time determine and with such designations as the Board may assign, a secretary, a treasurer, and such assistant secretaries and/or assistant treasurers and other officers as the Board may designate. Any two (2) or more offices may be held by one person except the office of president and secretary.
5.2 Election of Officers. The officers of the Association shall be elected by the Board at its first meeting and thereafter at each regular annual meeting. All officers except the secretary shall be members of the Board, and the secretary may be a member of the Board. In the event of the failure to hold any annual meeting as herein provided, officers may be elected at any time thereafter at a special meeting of the Board called for that purpose. Each officer shall hold office for the term of one (1) year and until his successor shall be elected and qualified. Each officer and agent shall be subject to removal at anytime by a vote of the majority of the entire board whenever in the judgment of the Board the best interests of the Association will be served by such removal.
5.3 Vacancies. A vacancy in any office shall be filled by the Board at any regular meeting or a special meeting called for that purpose.
5.4 Employees and Agents. The Board shall be empowered to employ such employees and agents and to execute such contracts as it may deem necessary to properly carry out its objects and purposes as stated in the Articles of Incorporation and in these bylaws.
5.5 President. The president shall be the chief executive officer and have general and active charge of the management of the Association, subject to control by the Board. When present, he shall preside at all meetings of the Board. The president shall have the power to appoint and discharge agents and employees, subject to the approval of the Board.
5.7 Secretary. The secretary shall give such notice of meetings to the Board as required by these Bylaws and shall keep a record of the proceedings of all such meetings. The secretary shall have custody of all books and records and papers of the Association except those which are in the care of the treasurer or some other person to have custody and possession thereof by resolution of the Board.
The secretary is authorized to sign with the president or vice president in the name of the Association all official documents, papers, deeds and contracts including those in any way affecting the property or interests of the Association and shall affix the seal of the Association thereto. The secretary shall submit such reports to the Board as may be requested by it from time to time. An assistant secretary may, if authorized by the Board, perform the duties of the secretary in the event of the absence or inability of the secretary.
5.8 Treasurer. The treasurer shall account for all of the monies of the Association received and disbursed, and shall deposit all the monies in the name of and to the credit of the Association in such banks and depositories as the Board shall designate, subject to withdrawal in the manner determined by the Board, and subject to the Board, shall safely keep all valuables of the Association. The treasurer shall from time to time, make such reports to the officers and Board as may be required, and shall perform such other duties as the Board, from time to time, shall delegate to him. An assistant treasurer may, if authorized by the Board, perform' the duties of the treasurer in the event of the absence or inability of the treasurer.
6.0 ASSESSMENTS, PURPOSE OF ASSESSMENTS, LIENS, AND COLLECTIONS.
6.1 Assessments. The Association is vested with power and authority to, and shall, assess and collect, from time to time, from its Proprietary Members: (1) monthly assessments or charges, and (2) special assessments for capital improvements or maintenance, such assessments to be fixed, assessed and collected as hereinafter provided. Such monthly and special assessments shall be chargeable equally against the respective residential
units in Quail Park. Each such assessment, together with interest at the then applicable legal rate as established by ORS 82.010 or its successor from the due date on unpaid balances of the assessment and costs and expenses, and also including a reasonable attorneys' fee (whether or not suit is filed and including fees on
appeal), incurred in the collection thereof and any additional assessment imposed by virtue of section 6.3 hereof, shall become a charge against the respective residential unit against which the assessment is made, which lien may be enforced by legal action.
Each owner of a residential unit, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay to the Association each such monthly or special assessment and each such assessment shall be the personal obligation of the owner of such residential unit as of the date the assessment is declared due, as well as a lien against the residential unit. No owner may avoid liability for the assessments provided for herein by non-use of the community facilities by himself or any occupant of the residential unit against which the assessment is levied.
6.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, welfare and protection of the residents in Quail Park, and in particular for the procurement and maintenance of a general liability policy insuring the Association, its members and directors, against liability arising out of any accident, occurrence, or event upon or in any common area, or in or on Tract A (defined in the recorded Declaration of Conditions, Restrictions, Covenants and Regulations pertaining to Quail Park) and for the improvement and maintenance of Quail Park, including the lots and residential units herein, and for the improvement and maintenance of street lighting and other common service facilities, swimming pool, water system, fire hydrants, roads, planted parkways and other common facilities related to the use and enjoyment of Tract A or other common areas and facilities in Quail Park.
6.3 Monthly Assessments. Subject to change as hereinafter provided, the monthly assessment shall be two hundred dollars ($200.00) per residential unit, due and payable on the first day of each month. The monthly assessment may be increased or decreased effective January 1 or July 1 of each calendar year by action of the Board of the Association, without vote of membership. In the event of such increases or decreases, appropriate adjustments shall be made with respect to Proprietary Members who have paid in advance. An additional assessment of Ten Dollars ($10.00) shall be imposed on the offending lot or residential unit each and every month that any amounts due hereunder or under the Conditions, Restrictions, Covenants and Regulations are delinquent, including amounts resulting from prior additional assessments incurred pursuant to the provisions hereof.
6.4 Special Assessments. In addition to the monthly assessments authorized above, the Board may levy a special assessment for the purposes of defraying in whole or in part the cost incurred pursuant to subsection 1.13 of the Conditions, Restrictions, Covenants and Regulations, subsection 6.7 hereof or resulting from any construction or reconstruction, unexpected repair, maintenance or replacement of any capital improvement
described in the notice of the Board meeting at which such action shall be considered.
6.5 Uniform Rate of Assessment. Unless otherwise provided by action of the Board, both monthly and special assessments shall be fixed at a uniform rate per residential unit and shall be collected on a monthly basis, or such other basis as the Board shall determine.
6.6 Subordination of Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage encumbering the lot or residential unit upon which the assessment is levied, as provided in the recorded Conditions, Restrictions, Covenants and Regulations, as amended, pertaining to Quail Park. Sale or transfer of any lot or residential unit shall not affect or mitigate an assessment lien, except as provided in said Conditions, Restrictions, Covenants and Regulations. No sale or transfer shall relieve any lot or residential unit from liability for any assessments thereafter becoming due or from the lien thereof.
6.7 Quail Park Association Option to Remedy Violations. The Association, as its option, shall have the power and right at all times, after reasonable notice to the owner and any occupant, and for the account of the owner, to enter upon property to abate and correct any violation of the terms hereof, including, but not limited to the right to plant or replant, trim, cut back, remove, replace, cultivate, or maintain hedges, trees, shrubs, plants or lawns; and to clean, paint, repair, replace and generally maintain the exterior of a residential unit and improvements thereon; and to keep said lot or unit site and any residential building and improvement thereon in neat and good order to conform with the general attractive character of the area.
6.8 Liens Arising From Violations. Any and all expenses actually incurred by the Association pursuant to subsection 6.7 shall be added to and become a part of the assessment to which the residential unit, lot or site involved is subject enforceable as a lien as above provided in this section 6 and shall be the personal obligation of the owner thereof. Additionally, without limiting the foregoing, costs and expenses incurred by the Association pursuant to this section 6 shall be considered as having been incurred as agent for the responsible person and shall constitute a lien thereon as provided in ORS 87.005 et seq. In the event that the Board of Directors determines that a violation of the terms hereof exists such that it may elect to remedy such violation as provided hereunder, the board may elect to obtain a pre-remedy lien. In such event the Board shall obtain an estimate from a qualified individual of the cost of remedying such violation. Thereafter the Board shall deliver or mail by certified or registered mail a statement to the owner of the residential unit, lot or site involved informing him of the existence of the violation, the estimated cost to remedy and that the Association claims a lien in such amount. A copy of such statement shall be recorded in the records of Multnomah County, Oregon. with the
recording of such statement the Association shall obtain a special assessment lien against the residential unit, lot or site involved, enforceable as above provided in this section 6. In the event such lien is foreclosed, the proceeds obtained thereby shall be used to remedy the violation. Any excess proceeds shall be paid to the owner, who shall be liable for any difference should the proceeds be insufficient to remedy the violation.
6.9 Authorization for Capital Improvements Loan. Pursuant to its plenary power, the Board of Directors may seek a commercial loan from commercially reasonable financing sources at commercially reasonable rates for the purpose of making capital improvements to the assets owned by Quail Park Association. The purposes for which such loan may be sought include upgrade of the water and sewer system, paving of Quail Park Road and Cul-de-sac, maintenance and upgrading of the street lighting system, and other similar expenses formaintenance and capital improvements to capital assets owned by the Association. For purposes of this subparagraph only, any such loans shall be acted upon by the entire board, with all members present, and shall be effective only if four or more out of the five members of the board then installed in office shall affirmatively vote to approve the terms of the loan.
7.0 AMENDMENTS. These Bylaws may be amended at any regular meeting of the Board or at any special meeting of the Board called for that purpose. A vote of two-thirds of the directors present shall be required for any amendment of these Bylaws.
STATE OF OREGON CERTIFIED COPY OF COUNTY OF MULTNOMAH RESOLUTION
The undersigned, as the duly elected and acting secretary of Quail Park Association, a corporation incorporated under the laws of the state of Oregon (the "Corporation"), does hereby certify that the following is a true, correct, and complete copy of a resolution adopted by the Board of Directors of Quail Park Association at its regularly scheduled meeting on October 6, 1992, and that such resolution is in full force and effect:
BE IT RESOLVED that the Bylaws of Quail Park Association shall be amended to show the following addition:
6.9 Authorization for Capital Improvements Loan. Pursuant to its plenary power, the Board of Directors may seek a commercial loan from commercially reasonable financing sources at commercially reasonable rates for the purpose of making capital improvements to the assets owned by Quail Park Association. The purposes for which such a loan may be sought include upgrade of the water and sewer system, paving of Quail Park Road and Cul-desac, maintenance and upgrading of the street lighting system, and other similar expenses for maintenance and capital improvements to capital assets owned by the Association. For purposes of this subparagraph only, any such loans shall be acted upon by the entire board, with all members present, and shall be effective only if four or more out of the five members of the board then installed in office shall affirmatively vote to approve the terms of the loan.
IN WITNESS WHEREOF, I have hereunto affixed my signature and
the seal of the Corporation of October, 1992.
CERTIFIED COPY OF RESOLUTION