| Oregon
Legislative Action Committee |
LAC
Minutes
May 11, 2004
MINUTES
FOR
COMMUNITY ASSOCIATION INSTITUTE
LEGISLATIVE ACTION COMMITTEE ("LAC")
DATED: 5/11/04
Delegates present: Rich Thompson, Denise Bower, Karna Gustafson,
Barbara Kanz,
Rich Vial, David Schwindt, Cheryl Brendle, Jack Herring, George
Carter, Dominic Colletta and Harriett Heisey
A. Treasurer's Report. David Schwindt reported about
approximately $3,000 in checking. We discussed voluntary versus
mandatory contribution as part of the CAI dues. We are required
to send quarterly reports to Andy Krakowski at CAI National. David
Schwindt was instructed to do so.
B. Double Taxation. We discussed whether the LAC
would be interested in pursuing the issue of owners in an HOA
who may be paying twice for services, once in their HOA dues and
again in their property taxes. Examples included lights, roadways
and snow removal. It was moved by Cheryl Brendle that the LAC
should look into this issue. It was seconded by David Schwindt.
Discussion followed that Cheryl Brendle will look into it with
the assistance of Rich Thompson. Denise Bower advised us that
we had received material from CAI National several months ago
via e-mail. All delegates present other than Karna Gustafson voted
in favor. Karna Gustafson voted against.
C. Manager Licensing. It was reported that OWCAM
is interested in being the entity credentialing community managers.
It would like to require educational standards and certification.
OWCAM is not currently pursuing legislation on licensing. It has
developed ethics and standards for its own members.
D. Lien Priority. Rich Vial reported that 18 states
currently have absolute priority and 7 states have modified priority.
Rich Vial is interested in pursuing legislation in Oregon providing
HOAs with absolute lien priority. Denise Bower advised that we
would need approval through CAI National to proceed. Rich Vial
will talk to Dick Anderson, President of OMBA and head of the
Fannie Mae regionally. There is a consensus among the delegates
to move forward with this issue.
E. Resale Disclosure. There was discussion regarding
doing a resale certificate versus adding additional items to Chapter
105 for disclosure. Rich Thompson will work on concepts and bring
it back to delegates.
F. Maintenance Turnover Book/Cost. George Carter
discussed the annual maintenance plan book. The idea would be
that the declarant come up with a plan that has items that the
association is required to maintain, product data and who is obligated
to pay for what. The book would also discuss annual inspections.
George Carter is to come back with more of a definite idea for
the delegates to vote on whether to pursue.
G. Condominium Working Group. Rich Vial and Barbara
Kanz discussed that the condominium working group was looking
into making a default provision on owners versus association responsibility
for windows and window frames. There was no further discussion
from LAC on how we wish to proceed or respond.
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